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
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.
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.
Claim(s) 1-9 and 11-21 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Pre-Grant Publication 2010/0293830 by Winge (Winge).
Regarding claim 1, Winge discloses an ammunition magazine for a gun (See Figures, clearly illustrated), comprising: a magazine body (10) defining an interior space in which a plurality of cartridges is receivable (See at least Figure 4, clearly illustrated), the magazine body including a drum portion having a drum axis (See Figures, clearly illustrated) and a tower portion (224) having at least one feed lip (50) at an upper end thereof (See Figures, clearly illustrated); and a follower (302) in the interior space configured to bias the cartridges from the drum portion up through the tower portion toward the at least one feed lip (See at least Figures 4-5, clearly illustrated); wherein an angle of the follower relative to the drum axis changes as the follower moves from the drum portion to the tower portion (See at least Figures 4-5, clearly illustrated).
Regarding claim 2, Winge further discloses wherein the follower is configured to pivot relative to the drum axis as the follower moves from the drum portion to the tower portion (See at least Figure 6, clearly illustrated).
Regarding claim 3, Winge further discloses wherein the follower moves around the drum portion substantially parallel to the drum axis and up through the tower portion at an angle to the drum axis (See at least Figures 4-5, clearly illustrated).
Regarding claim 4, Winge further discloses wherein the follower is configured to present a last cartridge received in the interior space tangent to the at least one feed lip (See at least Figures 4-5, clearly illustrated).
Regarding claim 5, Winge further discloses wherein the follower is configured to bias a last cartridge received in the interior space evenly against the at least one feed lip (See at least Figures 4-5, clearly illustrated).
Regarding claim 6, Winge further discloses wherein the follower is configured to rest within the tower portion of the magazine body outside of a path of an advancing bolt of the gun upon removal from the interior space of a last cartridge received in the interior space (See at least Figure 5, clearly illustrated and understood).
Regarding claim 7, Winge further discloses wherein: the tower portion of the magazine body includes first and second opposing sidewalls, a rear wall extending between the first and second opposing sidewalls, and a gap in the rear wall through which the advancing bolt can pass during cycling of the gun; and the follower is configured to rest within the tower portion below the gap in the rear wall upon removal from the interior space of the last cartridge (See Figures, all aspects clearly illustrated).
Regarding claim 8, Winge further discloses a follower arm (300) in the interior space configured to bias the follower around the drum portion and up into the tower portion (See at least Figures 4-5, clearly illustrated); wherein the follower is pivotably mounted to a distal end of the follower arm (See at least Figure 6, clearly illustrated).
Regarding claim 9, Winge further discloses wherein: the distal end of the follower arm defines a slot; and the follower is received in the slot (See at least Figure 6, clearly illustrated).
Regarding claim 11, Winge further discloses wherein the follower is pivotable relative to the follower arm between an extended position in which the follower is parallel to the drum axis, and a depressed position in which the follower is at an angle to the drum axis (See at least Figures 4-5, clearly illustrated).
Regarding claim 12, Winge further discloses wherein the follower is biased toward the extended position (See at least Figures 4-5, clearly illustrated).
Regarding claim 13, Winge further discloses wherein the plurality of cartridges is receivable in the interior space in a single stack orientation (See at least Figures 4-5, clearly illustrated).
Regarding claim 14, Winge further discloses wherein: the magazine body defines an internal track in which the follower rides; and the internal track controls the angle of the follower relative to the drum axis (See at least Figures 4-5, clearly illustrated).
Regarding claim 15, Winge further discloses a rotary member (214) in the interior space configured to at least partially support or carry at least a portion of the plurality of cartridges received in the drum portion of the magazine body (See at least Figures 4-5, clearly illustrated); a biasing member (202) configured to rotate the rotary member (See at least Paragraph 0018); and a follower arm (300) configured to carry the follower (302) pivotably connected to the rotary member (See at least Figure 6, clearly illustrated); wherein the follower arm carries the follower through the interior space to bias the cartridges from the drum portion up into the tower portion toward the at least one feed lip (See at least Figures 4-5, clearly illustrated).
Regarding claim 16, Winge discloses an ammunition magazine for a gun (See Figures, clearly illustrated), comprising: a magazine body (10) defining an interior space in which a plurality of cartridges is receivable (See at least Figure 4, clearly illustrated), the magazine body including a drum portion having a drum axis (See Figures, clearly illustrated) and a tower portion (224) having at least one feed lip (50) at an upper end thereof (See Figures, clearly illustrated); and a follower (302) in the interior space having a follower axis, the follower configured to bias cartridges received in the drum portion from the drum portion up through the tower portion toward the at least one feed lip (See at least Figures 4-5, clearly illustrated); wherein the follower axis is substantially parallel to the drum axis while the follower is in the drum portion and the follower axis is at an angle to the drum axis while the follower is in the tower portion (See at least Figures 4-5, clearly illustrated).
Regarding claim 17, Winge further discloses wherein the follower is configured to rest within the tower portion of the magazine body outside of a path of an advancing bolt of the gun upon exhaustion from the interior space of a last cartridge received in the interior space (See at least Figure 5, clearly illustrated and understood).
Regarding claim 18, Winge further discloses wherein: the tower portion of the magazine body includes first and second opposing sidewalls, a rear wall extending between the first and second opposing sidewalls, and a gap in the rear wall through which an advancing bolt of the gun can pass during cycling of the gun; and the follower is configured to rest within the tower portion below the gap in the rear wall upon exhaustion from the interior space of a last cartridge received in the interior space (See Figures, all aspects clearly illustrated).
Regarding claim 19, Winge further discloses a follower arm (300) in the interior space configured to bias the follower around the drum portion and up into the tower portion (See at least Figures 4-6, clearly illustrated); wherein a distal end of the follower arm defines a slot and the follower is pivotably mounted in the slot such that the follower can pivot relative to the follower arm as the follower moves from the drum portion to the tower portion (See at least Figure 6, clearly illustrated).
Regarding claim 20, Winge discloses an ammunition magazine for a gun (See Figures, clearly illustrated), comprising: a magazine body (10) defining an interior space in which a plurality of cartridges is receivable (See at least Figure 4, clearly illustrated), the magazine body including a drum portion having a drum axis (See Figures, clearly illustrated) and a tower portion (224) having at least one feed lip (50) at an upper end thereof (See Figures, clearly illustrated); a follower (302) in the interior space having a follower axis, the follower configured to bias cartridges received in the drum portion from the drum portion and up through the tower portion toward the at least one feed lip (See at least Figures 4-5, clearly illustrated); a follower arm (300) in the interior space configured to bias the follower around the drum portion and up into the tower portion (See at least Figures 4-5, clearly illustrated); wherein the follower is movable relative to the follower arm between an extended position in which the follower axis is parallel to the drum axis, and a depressed position in which the follower axis is at an angle to the drum axis (See at least Figures 4-5, clearly illustrated).
Regarding claim 21, Winge further discloses an ammunition magazine for a gun (See Figures, clearly illustrated), comprising: a magazine body (10) defining an interior space in which a plurality of cartridges is receivable (See at least Figure 4, clearly illustrated), the magazine body including a drum portion having a drum axis and an upper end configured to interface with a receiver of the gun (See Figures, clearly illustrated); and a follower (302) in the interior space configured to bias the cartridges from the drum portion into the upper end and up into a receiver of the gun (See at least Figures 4-5, clearly illustrated); wherein: an angle of the follower relative to the drum axis changes as the follower moves from the drum portion into the upper end (See at least Figures 4-5, clearly illustrated); and the follower is configured to rest within the upper end of the magazine body outside of a path of an advancing bolt of the gun upon removal from the interior space of a last cartridge received in the interior space (See at least Figure 5, clearly illustrated and understood).
Allowable Subject Matter
Claim 10 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, taken alone or in combination, fails to disclose the collective limitations 1, 8, and 10, especially an arcuate groove extending through the follower; a first pin about which the follower is pivotable extending through the follower and the distal end of the follower arm; and a second pin extending through the arcuate groove and the distal end of the follower arm.
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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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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/Jonathan C Weber/Primary Examiner,
Art Unit 3641
JONATHAN C. WEBER
Primary Examiner
Art Unit 3641
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