DETAILED ACTION
In the Non-Final Rejection mailed 2/19/2026:
Claims 1-20 were rejected.
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 .
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.
Response to Amendment
The amendment to the claims filed 5/19/2026 has been entered:
Claim 13 is cancelled.
Claims 21 is new.
Claims 1-12 and 14-21 are active.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 and 14-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12 and 14-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Irwin (US 6510778), herein referenced ‘Irwin’.
Regarding claim 1, Irwin discloses a bolt lever (40) for a firearm (col. 1 lines 6-10), the bolt lever comprising:
a main body (1);
a hole (11) extending at least partially through the main body (Fig. 1); and
an ejector arm (2) that extends in a forward direction from the main body (Fig. 1) and in an upward direction (Figs. 1 and 11-13) toward a bolt carrier group (22).
Regarding claim 2, Irwin discloses a forward protrusion (16) designed to interface with a magazine follower (Figs. 11 and 13; via cartridge 32 in magazine 18).
Regarding claim 3, Irwin discloses wherein the ejector arm is designed to interface with a corresponding groove (30) in the bolt carrier group (col. 8 lines 57-61).
Regarding claims 4-5, Irwin discloses wherein the ejector arm comprises a proximal portion and a distal portion that are connected by a joint and which are each disposed upward at an angle above horizontal (Figs. 1 and 10).
Regarding claim 6, Irwin discloses wherein the ejector arm is designed to contact at least one selected from the group consisting of a cartridge (32) and a cartridge case (33) during operation of the firearm (col. 7 lines 53-54; col. 8 line 65 – col. 9 line 7).
Regarding claim 7, Irwin discloses wherein contact between the ejector arm and at least one selected from the group consisting of a cartridge (32) and a cartridge case (33) occurs when the bolt carrier group is moving rearward (col. 8 line 65 – col. 9 line 7).
Regarding claim 8, Irwin discloses an upper protrusion (12 and/or 27) designed to allow the bolt lever to be operated from an exterior of the firearm (col. 9 lines 39-60).
Regarding claim 9, Irwin discloses wherein the bolt lever is designed to pivot about the hole (col. 8 lines 1-3).
Regarding claim 10, Irwin discloses wherein the bolt lever is attached to a lower receiver (21) of the firearm (Figs. 11-13).
Regarding claim 11, Irwin discloses a firearm (col. 1 lines 6-10) comprising:
a bolt carrier group (22);
a receiver (21; Figs. 11-13); and
a bolt lever (40) attached to the receiver (col. 8 lines 1-3);
wherein the bolt lever comprises an ejector arm (2); and
wherein the ejector arm extends in a forward direction from the bolt lever (Fig. 1) and in an upward direction toward the bolt carrier group (Figs. 1 and 11-13).
Regarding claim 12, Irwin discloses wherein the bolt lever comprises a main body (1) and a hole (11) extending at least partially through the main body (Fig. 1).
Regarding claim 14, Irwin discloses a forward protrusion (16) designed to interface with a magazine follower (Figs. 11 and 13; via cartridge 32 in magazine 18).
Regarding claim 15, Irwin discloses wherein the ejector arm is designed to interface with a corresponding groove (30) in the bolt carrier group (col. 8 lines 57-61).
Regarding claims 16-17 and 21, Irwin discloses wherein the ejector arm comprises a proximal portion and a distal portion that are connected by a joint and which each comprise straight segments which are disposed and inclined upward above horizontal at unequal angles (Figs. 1 and 10).
Regarding claim 18, Irwin discloses wherein the ejector arm is designed to contact at least one selected from the group consisting of a cartridge (32) and a cartridge case (33) during operation of the firearm (col. 7 lines 53-54; col. 8 line 65 – col. 9 line 7).
Regarding claim 19, Irwin discloses an upper protrusion (12 and/or 27) designed to allow the bolt lever to be operated from an exterior of the firearm (col. 9 lines 39-60).
Regarding claim 20, Irwin discloses wherein the bolt lever is designed to pivot about a hole (11; col. 8 lines 1-3).
Conclusion
Claim 13 is cancelled. Claims 1-12 and 14-21 are rejected.
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 BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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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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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641