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 . This action is in response to Application #19/251,410 filed on 26 June 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “226” has been used to designate both “piston tube” and “piston head”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Element 226 is referred to as both the piston head and the piston housing in paragraph 35.
Appropriate correction is required.
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, 4-9, 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 8,826,792 issued to Granger.
Regarding Claim 1, Grainger discloses a paintball marker comprising:
a housing (fig.3, the marker);
a combustion chamber defined within the housing (7);
a piston movable within the housing (9);
a bolt (30) driven by combustion within the combustion chamber (the bolt is driven by combustion that occurs within the combustion chamber see at least column 7 lines 38-40);
a fuel system in fluid communication with the combustion chamber (fuel 14 via fuel container 13);
an oxidizing system in fluid communication with the combustion chamber (2 via tank 1); and
an ignition system configured to ignite a mixture of fuel and oxidizing agent in the combustion chamber (at least column 7 lines 5-10)
, wherein combustion of the mixture drives the piston to actuate the bolt (at least column 7 lines 38-40).
Regarding Claims 4-5, Grainger discloses a fuel reservoir (13) and fuel valve (5), an oxidizing agent reservoir (1) and valve (4).
Regarding Claim 6, Grainger discloses a separation assembly configured to keep the fuel and oxidizing agent separate until combustion is desired (via fuel reservoir 13 and oxidizer reservoir 1).
Regarding Claim 7, Grainger discloses the separation assembly comprises a solenoid valve controlled by an electronic controller (at least column 6 lines 56-58).
Regarding Claim 8, Grainger discloses a paintball marker device comprising:
a housing (fig.3, the marker);
a first chamber containing an oxidizing agent (1);
a second chamber containing a fuel (13);
a separation assembly configured to keep the oxidizing agent and fuel separate during a first stage (the tanks are separated);
a combustion chamber (7);
a valve system configured to selectively allow the oxidizing agent and fuel to enter the combustion chamber during a second stage (column 3 lines 55-57); and
an ignition system configured to ignite a mixture of the oxidizing agent and fuel in the combustion chamber (at least column 7 lines 5-10; fig.3, 3).
Regarding Claim 9, Grainger discloses a piston movable within the housing (9), driven by combustion in the combustion chamber (at least column 7 lines 26-29).
Regarding Claim 11, Grainger discloses the separation assembly comprises a solenoid valve controlled by an electronic controller (at least column 6 lines 56-58).
Regarding Claim 12, Grainger discloses a first oxidizing agent valve and a second fuel valve (valves 4 and 5 see at least column 6 lines 18-26).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8,826,792 issued to Grainger.
Regarding Claim 13, Grainger discloses the first and second valves are solenoid valves (at least column 6 lines 56-58), but does not specifically disclose: actuated by a single solenoid. However, Grainger discloses solenoid valves and utilizing a single valve would have been an obvious engineering design choice to one having ordinary skill to reduce the level of complexity and number of overall components in the system.
Allowable Subject Matter
Claims 15-20 are allowed.
Claims 2-3, 10, 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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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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/JOHN COOPER/Primary Examiner, Art Unit 3641