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 filed 7/16/25 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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 1-18 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 a mounting device for the intended use of fastening an auxiliary part to a handgun but does not positively recite the auxiliary part or the handgun and then later positively recites interactions with the auxiliary part and the handgun. It is therefore unclear if applicant intends the intended use of the mounting device for an auxiliary part and a handgun or the combination of the mounting device, auxiliary part and handgun; appropriate correction is required. Regarding claim 1, the phrase "in particular" and “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 2 recites the limitation "the interface", “the slide” and “the handgun”. There is insufficient antecedent basis for this limitation in the claim in that an interface, a slide and a handgun have not been previously positively recited in the claim.
Regarding claim 3, the phrase “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 5 recites the limitation "the longitudinal axis" [of a locking element] and “the longitudinal axis” [of the base plate]. There is insufficient antecedent basis for this limitation in the claim in that a longitudinal axis of neither element has been previously recited in the claim.
Claim 6 recites the limitation "the locking elements" (plural). There is insufficient antecedent basis for this limitation in the claim in that claim 1, from which claim 6 depends, recites “at least one locking element” which would include only one locking element.
Claim 9 recites the limitation "the actuating element" and “the safety unit”. There is insufficient antecedent basis for this limitation in the claim in that an actuating element and a safety unit have not been previously recited in the claim.
Claim 10 recites the limitation "the pin". There is insufficient antecedent basis for this limitation in the claim in that a pin has not been previously recited in the claim.
Claim 11 recites the limitation "the actuating element" and “the pin”. There is insufficient antecedent basis for this limitation in the claim in that an actuating element and a pin have not been previously recited in the claim.
Claim 13 recites the limitation "the auxiliary part". There is insufficient antecedent basis for this limitation in the claim in that an auxiliary part has not been previously positively recited in the claim.
Claim 14 recites the limitation "the auxiliary part". There is insufficient antecedent basis for this limitation in the claim in that an auxiliary part has not been previously positively recited in the claim.
Claim 17 recites the limitation "the adapter recess". There is insufficient antecedent basis for this limitation in the claim in that an adapter recess has not been previously recited in the claim.
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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Kilic (US 2008/0244953). Kilic discloses a mounting device [intended for fastening an auxiliary part to a handgun which has at least one ferromagnetic part], the mounting device comprising a base plate (02), and the base plate having a magnet unit (04), wherein a locking unit (03, 11, 08, 07, 06, 05, 10) is comprised which is adjustable, between a release position and a locking position, and at least one locking element of the locking unit has the ability of interacting with an interface of a handgun in the locking position to lock the base plate on the handgun. (par. 0024)
Claim 2. The mounting device according to claim 1, wherein the locking unit has two locking elements, at least a first locking element being mounted so as to be displaceabe against a spring force (08, 11), and the locking elements being disengaged from the handgun in the release position and being engaged in a fixating manner with the interface in the slide of the handgun in the locking position. (Fig. 6, par. 0024)
Claim 3. The mounting device according to claim 1, wherein a second locking element is fixedly attachable to the base plate. (Fig. 6)
Claim 4. The mounting device according to claim 1, wherein the locking unit is received in a recess of the base plate. (Fig. 6, par. 0032)
Claim 5. The mounting device according to claim 1, wherein a longitudinal axis (LR) of a locking element (10), runs transversely to the longitudinal axis (LB) of the base plate.
Claim 6. The mounting device according to claim 1, wherein at least one spring (08, 11) element is arranged between the locking element.
Claim 7. The mounting device according to claim 1, wherein the locking unit is actuatable by means of an actuating element (03).
Claim 8. The mounting device according to claim 1, wherein a safety unit (10, screws shown near springs 8) for securing the locking unit in the locking position is comprised.
Claim 9. The mounting device according to claim 1, wherein an actuating element (03) has a recess and a safety unit has a securing element (screws that are shown that go into the actuating element in Fig. 6), the securing element being formed as a pin insertable into the recess of the actuating element.
Claim 10. The mounting device according to claim 1, wherein a pin (09) extends through the base plate and at least one locking element (10), and is able to be brought into contact with another locking element (threaded bore in base plate that locking element 10 interacts with).
Claim 11. The mounting device according to claim 1, wherein an actuating element (03) or at least one locking element has an internal thread, into which a pin (shown in Fig. 6) is insertable by screwing via an external thread.
Claim 14. The mounting device according to claim 1, wherein a shield element for shielding a magnetic field is arranged between the magnet unit and an auxiliary part. (pars. 0014-0017)
Claim 18. A handgun comprising a mounting device according to claim 1. (par. 0010)
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) 1, 12, 13, 15-17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Speroni (US 9,267,759) in view of Frommer (US 1,680,186). Speroni discloses a mounting device [intended for fastening an auxiliary part to a handgun which has at least one ferromagnetic part], the mounting device comprising a base plate (10) [having the ability to fasten an auxiliary part and having the ability to fasten to a gun], and the base plate having a magnet unit (78) Speroni discloses that the base unit including vertical grooves to improve a user’s ability to obtain a secure finger grip on the mounted aiming device when racking the pistol slide (col. 6, lines 14-16). Speroni discloses the claimed invention but does not expressly disclose wherein a locking unit is comprised which is adjustable, between a release position and a locking position, and at least one locking element of the locking unit has the ability of interacting with an interface of a handgun in the locking position to lock the base plate on the handgun, however, Frommer does. Frommer teaches a device for a handgun that allows a user to handle a slide easier. The device comprising a base (3) and a locking unit (7-9) which is adjustable, between a release position and a locking position, and at least one locking element of the locking unit has the ability of interacting with an interface of a handgun in the locking position to lock the base plate on the handgun. (Fig. 4 and lines 68-74) All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of providing an additional way of locking the device onto the firearm so that it could not be pulled off unless desired to one having ordinary skill in the art at the time of the invention and there would have been a reasonable expectation of success.
Claim 12. Speroni discloses the mounting device according to claim 1, wherein the base plate has a mounting surface on an underside, the mounting surface being formed from a flat central surface and two curved lateral surfaces, each adjoining the central surface laterally. (See Speroni Fig. 7)
Claim 13. Speroni discloses the mounting device according to claim 1, wherein an auxiliary sight, composed of a rear sight (16) and a front sight (18), is arranged on the base plate, an auxiliary part (48) being fastenable to the base plate between the rear sight and the front sight.
Claim 15. Speroni discloses the mounting device according to any claim 1, wherein an adapter recess (@62) is incorporated in the surface of the base plate, an adapter plate (24, 26) being received in said adapter recess and the adapter plate being complementary in shape to the adapter recess.
Claim 16. Speroni discloses the mounting device according to claim 15, wherein the adapter plate has a positioning pin for position an auxiliary part or the adapter plate forms at least part of the surface of the base plate. (Fig. 12)
Claim 17. Speroni discloses the mounting system comprising a mounting device according to claim 1 and a plurality of adapter plates, said adapter plates being interchangeably received in an adapter recess. (it is inherent that any number of adapter plates can be provided since each part is separate and can be exchanged with a new/different part when one wears down).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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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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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641
