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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 09 January 2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-7, 9, 11-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Pre-Grant Publication 2010/0162605 by Laney et al (Laney).
Regarding claim 1, Laney discloses a firearm (See at least Figures 1A-1C, clearly illustrated), comprising: a stock (12), a receiver (42), a bottom metal (32), a barrel (46), and a trigger (30), wherein the stock is held against the receiver by the bottom metal (See Figures, clearly illustrated), the barrel extends forwardly from the receiver (See Figures, clearly illustrated), and the trigger extends downwardly through a portion of the bottom metal (See Figures, clearly illustrated); wherein the bottom metal has a bottom metal body having a top side, a bottom side, a left side, a right side, a rearward end, and a forward end (See at least Figure 9, all aspects clearly illustrated); wherein when the bottom metal body is positioned within the firearm, the top side faces a receiver of the firearm and the rearward end is positioned further from a muzzle end of the barrel of the firearm than the forward end; wherein a rearward portion of the bottom metal body is positioned closer to the rearward end than a forward portion of the bottom metal body, and wherein the rearward portion defines an opening configured to allow access for a trigger of the firearm to project therefrom (See Figures, all aspects clearly illustrated); wherein the forward portion of the bottom metal body has a first upwardly-extending sidewall and second upwardly-extending sidewall on the top side, said first and second upwardly-extending sidewalls extending along a length of the bottom metal body between the forward and rearward ends and defining an area therebetween for the receipt of cartridges (See at least Figure 9, clearly illustrated); and wherein the first upwardly-extending sidewall extends into a bottom opening defined by the receiver (See Figures, clearly illustrated).
Regarding claim 2, Laney further discloses wherein a portion of the first upwardly-extending sidewall extending into the bottom opening has a first material thickness; wherein a portion of the first upwardly-extending sidewall outside of the bottom opening has a second material thickness; and wherein the first material thickness is less than the second material thickness (See at least Figure 9, clearly illustrated).
Regarding claim 3, Laney further discloses wherein the second upwardly-extending sidewall extends into the bottom opening defined by the receiver (See at least Figures 7A & 9, clearly illustrated).
Regarding claim 4, Laney further discloses wherein a portion of the second upwardly-extending sidewall extending into the bottom opening has a first material thickness; wherein a portion of the second upwardly-extending sidewall outside of the bottom opening has a second material thickness; and wherein the first material thickness of the second upwardly-extending sidewall is less than the second material thickness of the second upwardly-extending (See at least Figure 9, clearly illustrated).
Regarding claim 6, Laney further discloses wherein the stock defines an inlet opening for receipt of the bottom metal; wherein the inlet opening is sized and configured to receive a DBM bottom metal configured to receive a detachable box magazine; and wherein dimensions of the portions of the bottom metal that interface with the stock are of the same dimension of the DBM bottom metal (See Figures, clearly illustrated).
Regarding claim 7, Laney further discloses wherein the bottom metal body is a monolithic piece (See at least Figure 9, clearly illustrated).
Regarding claim 9, Laney further discloses wherein the bottom metal body defines a trigger guard on the bottom side (See at least Figure 9, clearly illustrated).
Regarding claim 11, Laney further discloses wherein the forward portion further has an upwardly-extending endwall that extends transverse to and from the first upwardly-extending sidewall to the second upwardly-extending sidewall (See at least Figure 9, clearly illustrated).
Regarding claim 12, Laney further discloses wherein the upwardly-extending endwall extends into a bottom opening defined by the receiver (See Figures, clearly illustrated).
Regarding claim 13, Laney further discloses wherein a portion of the upwardly-extending endwall extending into the bottom opening has a first material thickness; wherein a portion of the upwardly-extending endwall outside of the bottom opening has a second material thickness; and wherein the first material thickness of the upwardly-extending endwall is less than the second material thickness of the upwardly-extending endwall (See Figures, clearly illustrated).
Regarding claim 14, Laney further discloses wherein an upward-facing surface of the first upwardly-extending sidewall is spaced from an opposing, downward-facing surface of the receiver (See Figures, clearly illustrated).
Regarding claim 15, Laney further discloses wherein positioned within the area for the receipt of cartridges is a removable spacer adjacent to a follower and a spring, the removable spacer configured to contact cartridges received within the area for the receipt of cartridges during operation of the firearm and reduce at least one dimension of the area for the receipt of cartridges (36).
Regarding claim 16, Laney further discloses wherein the removable spacer is fastened to the bottom metal with a fastener (38).
Regarding claim 19, Laney further discloses wherein the spacer has a top portion that slopes downward towards a middle of the area for the receipt of cartridges (See at least Figure 10, clearly illustrated).
Claim(s) 1, 5 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Patent 817,198 by Smith (Smith).
Regarding claim 1, Smith discloses a firearm, comprising: a stock, a receiver, a bottom metal, a barrel, and a trigger, wherein the stock is held against the receiver by the bottom metal, the barrel extends forwardly from the receiver, and the trigger extends downwardly through a portion of the bottom metal; wherein the bottom metal has a bottom metal body having a top side, a bottom side, a left side, a right side, a rearward end, and a forward end; wherein when the bottom metal body is positioned within the firearm, the top side faces a receiver of the firearm and the rearward end is positioned further from a muzzle end of the barrel of the firearm than the forward end; wherein a rearward portion of the bottom metal body is positioned closer to the rearward end than a forward portion of the bottom metal body, and wherein the rearward portion defines an opening configured to allow access for a trigger of the firearm to project therefrom; wherein the forward portion of the bottom metal body has a first upwardly-extending sidewall and second upwardly-extending sidewall on the top side, said first and second upwardly-extending sidewalls extending along a length of the bottom metal body between the forward and rearward ends and defining an area therebetween for the receipt of cartridges; and wherein the first upwardly-extending sidewall extends into a bottom opening defined by the receiver (See Figures, clearly illustrated, especially Figure 21).
Regarding claim 5, Smith further discloses wherein the bottom metal is not configured for the receipt of a detachable box magazine (See Figures, clearly illustrated, understood that Smith employs a fixed magazine).
Regarding claim 10, Smith further discloses a hinged floorplate closing the bottom of the area for the receipt of cartridges (11 hinged at 57, See Figures, clearly illustrated).
Regarding claim 11, Smith further discloses wherein the forward portion further has an upwardly-extending endwall that extends transverse to and from the first upwardly-extending sidewall to the second upwardly-extending sidewall (See at least Figure 21, clearly illustrated).
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Pre-Grant Publication 2020/0224985 by McLeroy et al (McLeroy).
Regarding claim 1, McLeroy discloses a firearm, comprising: a stock, a receiver, a bottom metal, a barrel, and a trigger, wherein the stock is held against the receiver by the bottom metal, the barrel extends forwardly from the receiver, and the trigger extends downwardly through a portion of the bottom metal; wherein the bottom metal has a bottom metal body having a top side, a bottom side, a left side, a right side, a rearward end, and a forward end; wherein when the bottom metal body is positioned within the firearm, the top side faces a receiver of the firearm and the rearward end is positioned further from a muzzle end of the barrel of the firearm than the forward end; wherein a rearward portion of the bottom metal body is positioned closer to the rearward end than a forward portion of the bottom metal body, and wherein the rearward portion defines an opening configured to allow access for a trigger of the firearm to project therefrom; wherein the forward portion of the bottom metal body has a first upwardly-extending sidewall and second upwardly-extending sidewall on the top side, said first and second upwardly-extending sidewalls extending along a length of the bottom metal body between the forward and rearward ends and defining an area therebetween for the receipt of cartridges; and wherein the first upwardly-extending sidewall extends into a bottom opening defined by the receiver (See Figures, all aspects clearly illustrated).
Regarding claim 8, McLeroy further discloses wherein the first upwardly-extending sidewall comprises aluminum (See at least Paragraph 0025).
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Patent 527,869 issued to Mauser (Mauser).
Regarding claim 1, Mauser discloses a firearm, comprising: a stock, a receiver, a bottom metal, a barrel, and a trigger, wherein the stock is held against the receiver by the bottom metal, the barrel extends forwardly from the receiver, and the trigger extends downwardly through a portion of the bottom metal; wherein the bottom metal has a bottom metal body having a top side, a bottom side, a left side, a right side, a rearward end, and a forward end; wherein when the bottom metal body is positioned within the firearm, the top side faces a receiver of the firearm and the rearward end is positioned further from a muzzle end of the barrel of the firearm than the forward end; wherein a rearward portion of the bottom metal body is positioned closer to the rearward end than a forward portion of the bottom metal body, and wherein the rearward portion defines an opening configured to allow access for a trigger of the firearm to project therefrom; wherein the forward portion of the bottom metal body has a first upwardly-extending sidewall and second upwardly-extending sidewall on the top side, said first and second upwardly-extending sidewalls extending along a length of the bottom metal body between the forward and rearward ends and defining an area therebetween for the receipt of cartridges; and wherein the first upwardly-extending sidewall extends into a bottom opening defined by the receiver (See Figures and entire disclosure, all aspects clearly illustrated and described).
Regarding claim 11, Mauser further discloses wherein the forward portion further has an upwardly-extending endwall that extends transverse to and from the first upwardly-extending sidewall to the second upwardly-extending sidewall (See Figures, clearly illustrated).
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) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mauser in view of U.S. Patent 8,028,455 issued to Battaglia (Battaglia).
Regarding claim 15, Mauser does not disclose a removable spacer.
Battaglia, a related prior art reference, discloses wherein positioned within the area for the receipt of cartridges is a removable spacer adjacent to a follower and a spring (26/28), the removable spacer configured to contact cartridges received within the area for the receipt of cartridges during operation of the firearm and reduce at least one dimension of the area for the receipt of cartridges (See Figures, clearly illustrated).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the noted teachings of Mauser with the noted teachings of Battaglia. The suggestion/ motivation for doing so would have been to allow the magazine element to hold cartridges of different sizes to allow the firearm system to be utilized with a wider variety of ammunition as taught by Battaglia.
Regarding claim 16, Battaglia further discloses wherein the removable spacer is fastened to the bottom metal with a fastener (See at least Col. 5 Lines 53-65).
Regarding claim 17, Battaglia further discloses wherein the spacer reduces a length of the area for the receipt of cartridges (See Figures, clearly illustrated and the Abstract).
Mauser as modified by Battaglia discloses the claimed invention except for the specific type of fastener and location. It would have been an obvious matter of design choice to use a screw and locate the screw to extend between the removable spacer and the upwardly-extending endwall, since applicant has not disclosed that the type of fastener or the location of the fastener solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with different fasteners at different location as evidenced through the teachings of Battaglia.
Regarding claim 18, Battaglia further discloses wherein the bottom metal assembly without the spacer is configured to retain a maximum number of cartridges of a first caliber; wherein the bottom metal assembly with the spacer is configured to retain a maximum number of cartridges of a second caliber; and wherein the maximum number of cartridges of the second caliber is the same or greater than the maximum number of cartridges of the first caliber (See entire disclosure, understood that the spacer is only used to reduce the longitudinal dimension of the magazine to hold cartridges that are shorter in length without a change in diameter).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 Form for a listing of applicable prior art references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C WEBER whose telephone number is (571)270-5377. The examiner can normally be reached M-F 8AM-5PM EST.
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/Jonathan C Weber/Primary Examiner,
Art Unit 3641
JONATHAN C. WEBER
Primary Examiner
Art Unit 3641
