DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of group a) an electrically operable accessory device is a weapon mounted accessory device in the reply filed on 7/1/26 is acknowledged. The traversal is on the ground(s) that there is no burden between the species. This is not found persuasive because there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:(a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; (c) the inventions require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries); (d) the prior art applicable to one invention would not likely be applicable to another invention; and/or, (e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. §§ 101 and/or 112. For example, Helmet accessories are classified in A42B3/04 whereas firearm mounted accessories are classified in F41G11/001. Furthermore, employing different search strategies or search queries would be required and the prior art applicable to one invention would likely not be application to the other invention. However, upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
The requirement is still deemed proper and is therefore made FINAL.
Response to Arguments
Applicant's arguments filed 7/1/26 have been fully considered but they are not persuasive. Applicant contends that Teetzel does not discloses “a main body assembly configured to be received on an exterior facing surface of the slot rail interface…” and “as an initial note, the Office Action does not identify any element in Teetzel corresponding to the claimed ‘slot rail interface.’” The original claims do not require a “slot rail assembly” and the amendments cause a new 35 USC § 112(b) questions on whether a “slot rail assembly” is being positively recited (see rejections below). Applicant further contends that Teetzel discloses “the adapter or accessory mounting pad as a separate component from the electrically operated device assembly” whereas the current invention is apparently an electrically operated device assembly that includes the adapter. It is noted that both the current application and Teetzel disclose “assemblies” that include multiple elements that together constitute the “assembly”. Teetzel discloses the same elements of the present claimed “assembly” applicant appears to be arguing narrower than the present claims. It is noted that terms such as “configured” merely requires “structured allow it to” (for example, a main body assembly configured to be received on an exterior facing surface of the slot rail interface; requires a main body assembly having structure allowing it to be received on an exterior facing surface of a slot rail interface. It does not require a slot rail interface and it does not require the main body assembly to actually be received on the exterior facing surface of the slot rail interface). Similarly with claim 12, the amendment merely requires that the one or more threaded fasteners have structure allowing it to pass through a slot of a slot rail interface (e.g. the threaded bolt of Teetzel has structure (i.e. the shank) allowing it to pass through the slot of a slot rail interface)
With regards to applicant’s remarks regarding claim 7, it is noted that Houde-Walter is utilized for the teaching of a USB-C type connector, not for the location of the connector, Teetzel discloses the connectors located in the base housing and the main body. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
With regards to applicant’s remarks regarding claims 10 and 19, it is noted that the Neal is utilized for the teaching of the previously recited dimensioned compatibility of an M-LOK system. Teetzel discloses the electrically operable accessory device assembly. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites an electrically operable accessory device assembly configured for attachment to a slot rail interface (i.e. having structure allowing the device to be attached to a slot rail interface) but does not positively recite the slot rail interface or the electrically operable accessory device assembly actually attached to the slot rail interface. The claim later appears to require the slot rail assembly: the base assembly and the main body assembly attach the accessory device assembly to the slot rail interface. It is therefore unclear whether applicant intends claims 1-10 encompass the electrically operable accessory device assembly in combination with the slot rail interface or whether claims 1-10 merely encompass the electrically operable accessory but do not require the slot rail interface. Appropriate correction is required, for the remainder of this action it is presumed that claims 1-10 do not require the slot rail interface. Further, claim 11 CLEARLY recites the combination of the accessory device assembly in combination with the slot rail interface, which would make the claim not further limiting.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9, 11, 12-18 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Teetzel et al. (US 10,551,149). Teetzel et al. discloses an electrically operable accessory device assembly having structure allowing for attachment to a slot rail interface, the accessory device assembly comprising: a main body assembly (220) having structure allowing to be received on an exterior facing surface of a slot rail interface, the main body assembly including a main housing; the main housing receiving a first electrical component (C), the first electrical component including a first electrical connector (to mate with 226); the main housing comprising a mounting surface and one or more clearance openings (@222) extending though the main housing having structure allowing to receive a corresponding one or more threaded fasteners (222); a base assembly (182, 192, 136, 130, 140, etc. Fig. 5) having structure allowing to be disposed on an interior facing surface of a slot rail interface opposite the exterior facing surface (Fig. 5), the base assembly including a base housing; the base housing having a second electrical connector (182a, 182b) which is complementary with the first electrical connector; the base housing comprising a flange region surrounding a raised portion (194a, 194b), the raised portion having structure allowing to be received within a slot of a slot rail interface (Fig. 5); the base housing comprising one or more threaded openings (190), the one or more threaded openings having structure allowing to engage the one or more threaded fasteners (188) (col. 3, lines 5-15 and 39-55); wherein the base assembly and main body assembly cooperate in a manner that would allow the electrically operable accessory device assembly to attach to a slot rail interface.
2. The electrically operable accessory device assembly of claim 1 wherein further comprising a cable (422) electrically coupled to the second electrical connector, the cable configured to electrically connect to an external device and to transmit at least one of power, data, and control signals (col. 6, lines 55-60).
3. The electrically operable accessory device assembly of claim 1 wherein the mounting surface and flange region cooperate to exert a clamping force about a periphery of a slot of a slot rail interface when/if the electrically operable accessory device assembly is attached to a slot rail interface. (Fig. 4 and 5)
4. The electrically operable accessory device assembly of claim 1 wherein the raised portion has a height which is substantially equal to a thickness of a slot rail interface. (the electrical connector elements are received therethrough; col. 3, lines 35-40)
5. The electrically operable accessory device assembly of claim 1 wherein the electrically operable accessory device is selected from the group consisting of a weapon mounted accessory device and a helmet mounted accessory device. (Fig. 1)
6. The electrically operable accessory device assembly of claim 1 wherein the electrically operable accessory device is selected from the group consisting of a flashlight, floodlight, laser illuminator, laser module, laser pointer, and camera. (col. 4, lines 20-45)
8. The electrically operable accessory device assembly of claim 1 wherein one of the first electrical connector and second electrical connector comprises a plurality of contact pins (182a, 182b) and the other of the first electrical connector and second electrical connector comprises a plurality of connector elements selected from the group consisting of contact pads and pin sockets (226).
9. The electrically operable accessory device assembly of claim 1 wherein the raised portion is dimensioned to be received within an interface slot conforming to a predetermined standard. (Fig. 5)
11. The electrically operable accessory device assembly of claim 1, in combination with a slot rail interface. (Figs. 4 and 5)
12. A base assembly having structure allowing for use with an electrically operable accessory device assembly comprising a main body assembly and the base assembly, the base assembly comprising: a base housing having structure allowing to be disposed on an interior facing surface of a slot rail interface opposite the exterior facing surface, the base assembly including; the base housing having a second electrical connector which is complementary with a first electrical connector on the main body assembly; the base housing comprising a flange region surrounding a raised portion, the raised portion having structure allowing to be received within a slot of a slot rail interface; the base housing comprising one or more threaded openings, the one or more threaded openings having structure allowing to engage one or more threaded fasteners having structure allowing to pass through a slot of a slot rail interface. (see remarks above with regards to claim 1)
13. The base assembly of claim 12, further comprising a cable electrically coupled to the second electrical connector, the cable having structure allowing to electrically connect to an external device and to transmit at least one of power, data, and control signals. (see remarks above with regards to claim 2)
14. The base assembly of claim 12, wherein the flange region is having structure allowing to cooperate with the mounting surface and to exert a clamping force about a periphery of a slot of a slot rail interface when the electrically operable accessory device assembly is attached to a slot rail interface. (see remarks above with regards to claim 3)
15. The base assembly of claim 12, wherein the raised portion has a height which is substantially equal to a thickness of a slot rail interface. (see remarks above with regards to claim 4)
16. The base assembly of claim 12, in combination with a slot rail interface. (see remarks above with regards to claim 11)
17. The base assembly of claim 12, in combination with a plurality of main body assemblies which may be the same or different, each main body assembly of the plurality of main bodies assemblies (220, 260, 360) having structure allowing to be interchangeably attached to the base assembly.
18. The base assembly of claim 12, wherein the raised portion is dimensioned to be received within an interface slot conforming to a predetermined standard. (see remarks above with regards to claim 9)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teetzel et al. in view of Houde-Walter (US 8,413,362). Teetzel et al. discloses the claimed invention but does not expressly disclose the electrically operable accessory device assembly wherein one of the first electrical connector and second electrical connector is a USB-C socket and the other of the first electrical connector and second electrical connector is a USB-C plug, however Houde-Walter does. Houde-Walter teaches that it is known to utilize USB plugs and socket (col. 4, lines 52-65) to connect electrical accessory devices on rails of firearms. The claim would have been obvious because the substitution of one known electrical connection element for another would have yielded the predictable results of providing a known easily manufactured and matched electrical connection element to one of ordinary skill in the art and there would have been a reasonable expectation of success.
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teetzel et al. in view of Neal (US 2021/0140742). Teetzel et al. discloses the claimed invention but does not expressly disclose the raised portion is dimensioned to be compatible with a modular locking accessory attachment system, however Neal does. Neal teaches a power and data rail for a firearm wherein the firearm can comprise a modular locking accessory attachment system (par. 0055). The claim would have been obvious because the substitution of one known type of rail for another would have yielded the predictable results of providing a known standard rail system that fits particular types of accessories.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571.272.6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641
