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 #19/312,518 filed on 28 August 2025.
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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2022/0404126 to Roberts et al (Roberts).
Regarding Claims 1, 11, Roberts discloses a projectile launcher comprising:
a handle (see fig.1); and
a magazine configured to couple to the handle (figs.4/6), the magazine comprising:
a body comprising a first end opposite a second end (figs. 4/6);
a bore defining an opening through the body, wherein the bore is configured to receive a cartridge (353/453/653); and
an impact absorber (fig.7b), wherein in response to the bore receiving the cartridge an axially forward surface of the cartridge is configured to contact the impact absorber (fig.5b, where 580 contacts the cartridge, and fig.7a, not shown within the bore).
Roberts fails to specifically show the absorber: positioned within the bore. However, the device 780 (see figs. 7a-7b) on the cartridge, once inserted, would place the impact absorber into the bore of the magazine. The device 780 is inherently separable from the cartridge, and placing the device 780 into the bore before placing the cartridge within the bore would have been an obvious modification of assembly to one having ordinary skill.
Regarding Claims 2, 12, Roberts discloses in response to the bore receiving the cartridge a deployment end of the cartridge is configured to insert through the impact absorber (see fig.7a).
Regarding Claims 3, 13, Roberts discloses the impact absorber comprises an inner diameter, and wherein the inner diameter is greater than a diameter of the cartridge at the deployment end of the cartridge (as it slides over 576 in fig.7a).
Regarding Claims 4, 14, Roberts discloses the impact absorber comprises an inner diameter (see fig.7b, inside surfaces of 795), wherein the cartridge comprises a contact end opposite the deployment end and wherein the inner diameter is less than a diameter of the cartridge at the contact end of the cartridge (contact end seen in fig.5a at 575, inner diameter is less than 575 as it stops at 575, as seen in fig. 5b and 7a).
Regarding Claims 5, 15, Roberts discloses the impact absorber comprises an inner diameter (see fig.7b, inside surfaces of 795), wherein the cartridge comprises a contact end opposite the deployment end (fig.5a at 575), wherein the inner diameter is greater than a first diameter of the cartridge at the deployment end of the cartridge (as it slides over 576 in fig.7a), and wherein the inner diameter is less than a second diameter of the cartridge at the contact end of the cartridge (inner diameter is less than 575 as it stops at 575, as seen in fig. 5b and 7a).
Regarding Claims 6-7, 16-17, Roberts discloses in response to a deployment of the cartridge the impact absorber is configured to receive a recoil force from the cartridge and compress (at least paragraph 119).
Regarding Claims 8, 18, Roberts discloses a cartridge stop defined in the bore (seen in fig.4, at 465), wherein a forward surface of the impact absorber is positioned against the cartridge stop (at least paragraph 113, at 680-2 in fig.6).
Regarding Claims 9, 19, Roberts discloses the impact absorber may comprise a spring (at least paragraph 119).
Regarding Claim 20, Roberts discloses in response to the magazine being coupled to the handle, the impact absorber is configured to compress against the cartridge (at least paragraph 118).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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