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 .
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bluehdorn, US Patent No. 1,738,751.
Regarding claim 1, Bluehdorn discloses a pistol (title) comprising: a frame (5); a slide (assembly of 6 and 15) operable to reciprocate with respect to the frame (shown in transition from figure 1 to 2) and having an upper surface and a forward end (figure 3 shows a forward end and upper surface is shown in figures 1-3); a barrel (7) received by the slide and having a muzzle spaced rearward from the forward end of the slide (shown in figure 1, for example, the forward end of the barrel is rear of the forward end of 15 of the slide assembly); and the upper surface of the slide being sloped upward forward of the muzzle of the barrel (15 as shown in figure 3 is sloped upward forward of the barrel and page 1 line 87-96 discloses 15 is preferably attached to the slide as in figures 1-2 for example)
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toner et al., hereafter Toner, US Patent Publication No. 12,007,189.
Regarding claim 1, Toner discloses a pistol (200) comprising: a frame (figures 8 and 9 for example); a slide (100) operable to reciprocate with respect to the frame and having an upper surface and a forward end (shown in figure 7, forward end and upper surface 160 which is interpreted to include the upper surface throughout the forward end); a barrel (130) received by the slide and having a muzzle spaced rearward from the forward end of the slide (figure 7); and the upper surface of the slide being sloped upward forward of the muzzle of the barrel (160 is broadly, yet reasonably, an upper surface of the slide and figure 7 clearly shows 160 is sloped upward forward of the muzzle and 5:40-49 also discloses 160 is an inclined top surface).
Claim(s) 1 is/are alternatively rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toner.
Regarding claim 1, Toner discloses a pistol (200) comprising: a frame (figures 8 and 9 for example); a slide (100) operable to reciprocate with respect to the frame and having an upper surface and a forward end (figure 1 shows the forward end and annotated figure below shows the interpretation of the upper surface); a barrel (130) received by the slide and having a muzzle spaced rearward from the forward end of the slide (figure 7); and the upper surface of the slide being sloped upward forward of the muzzle of the barrel (annotated below, the upper surface is upwardly sloped forward of the muzzle in several locations)
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ANNOTATED FIGURE
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is provided on form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK R MORGAN whose telephone number is (571)272-6352. The examiner can normally be reached M-F 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 5712726874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK R MORGAN/Primary Examiner, Art Unit 3641
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