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 § 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.
Claims 1 and 3-16 are rejected under 35 U.S.C. 103 as being unpatentable over Brixius (US 8,590,201) in view of Strike Industries "Strike Mini HandStop with Cable Management System (hereinafter, "Strike"; see NPL cited by applicant).
Regarding claim 1, Brixius discloses a cable magwell (grip 300 with magazine portion 330, Fig. 3, 7 and 20) comprising:
a top side, a bottom side, a left side, and a right side, the top side coupling to a magwell of a firearm, and the bottom side configured to accept a magazine for the firearm (grip 300 is shown to be three-dimensional and has ramp portion 710 around magazine well 110 and with magazine 100 passing therethrough, Fig. 7 and 8);
Brixius fails to expressly disclose a first U channel, and a first cable, the first cable having a first end and a second end and laying within the U channel.
Strike, in the same field of invention, teaches a firearm grip (grip is shown attached to firearm, 0:10-0:14) comprising a first U channel, and a first cable, the first cable having a first end and a second end and laying within the U channel (cable is shown routed into grip with various routing options displayed with lighted path, 0:10-0:30).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the cable routing method of Strike with the invention of Brixius to obtain the desired result of protecting the cable within the magazine well.
Regarding claim 3, modified Brixius discloses the invention as shown above in claim I further comprising a bevel configured to function as a funnel around the magwell of the firearm (ramp portion 710 is shown to be beveled to create B funnel, Fig. 7).
Regarding claim 4, modified Brixius discloses the invention as shown above in claim 1. Brixius fails to explicitly disclose wherein the first end of the cable enters the left, top side, and the second end of the cable exists the right, top side.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to make the magwell wherein the first end of the cable enters the left, top side, and the second end of the cable exists the right, top side, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. The motivation for doing so would have been to route the cable to a desired operator location.
Regarding claim 5, modified Brixius discloses the invention as shown above in claim 1. Brixius fails to explicitly disclose wherein the first end of the cable enters the left, top side, and the second end of the cable exists the right, bottom side.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to make the magwell wherein the first end of the cable enters the left, top side, and the second end of the cable exists the right, bottom side, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. The motivation for doing so would have been to route the cable to a desired operator location.
Regarding claim 6, modified Brixius discloses the invention as shown above in claim 1. Brixius fails to explicitly disclose wherein the U channel extends from the left side to the right side.
Strike, in the same field of invention, teaches a firearm grip wherein the U channel extends from the left side to the right side (channel is shown with various routing options displayed with lighted path from left to right, 0:10-0:30).
It would have been obvious to one of ordinary skill in at the time the invention was filed to combine the routing of Strike with the invention of Brixius. The motivation for doing so would have been to route the cable to a desired operator location.
Regarding claim 7, modified Brixius discloses the invention as shown above in claim 1, wherein the second end of the cable couples to a device (flashlight 210, Fig. 20).
Regarding claim 8, modified Brixius discloses the invention as shown above in claim 7, wherein the device is selected from the group consisting of: a smart scope, a viewing optic, a viewing optic with an integrated display system, a smart sight, a red dot sight, an illuminated optic, a thermal camera, a night vision scope, a clip on night vision or thermal enabler, a flashlight (flashlight 210, Fig. 20), an aiming laser, a stabilizer, a rangefinder, a wind reader, a shot tracker, a shot timer, and an electronic level.
Regarding claim 9, modified Brixius discloses the invention as shown above in claim 7, wherein the first end of the cable couples to a remote configured to control operations of the device (FIG. 20 illustrates thumb rest 190 which has a switch to operate flashlight 210 which is mounted to the forend. FIG. 20 illustrates wire 215 which could be either or both of power and control (on/off)., Col. 14 Las. 25-29).
Regarding claim 11, modified Brixius discloses the invention as shown above in claim 7, further comprising one or more power sources configured to provide power to the device (FIG. 12 shows diagrammatically a battery storage region with the grip. in addition, storage regions can also be located anywhere within the grip, including the flat sides that extend rearward along the sides of the magazine well. Such a region would be an ideal location for a flat user interface, such as a touch sensitive LCD display, or IC chipset., Col. 12 lines 59-65).
Regarding claim 12, modified Brixius discloses the invention as shown above in claim 7, further comprising a control mechanism configured to control one or more operations of the device (FIG. 20 illustrates thumb rest 190 which has a switch to operate flashlight 210 which is mounted to the forend. FIG. 20 illustrates wire 215 which could be either or both of power and control (on/off)., Col. 14 Las. 25-29).
Regarding claim 13, modified Brixius discloses the invention as shown above in claim 1 further comprising a trigger guard (unlabeled firearm is shown with a trigger guard behind ramp portion 710, Fig. 7).
Regarding claim 14, modified Brixius discloses a firearm comprising the cable magwell of Claim 1 (Fig. 3).
Regarding claim 15, modified Brixius discloses a firearm comprising the cable magwell of Claim 7, wherein the device couples to a top portion of the firearm (A preferred such embodiment would include the storage of batteries to supply power to auxiliary devices such as laser sights, flashlights, sight optics such as red-dot sights. or night-vision scopes... Col. 12 Lines. 46-49).
Regarding claim 16, Brixius discloses a system (Abstract) comprising: a firearm having a magwell (magazine well 110, Fig. 3), a cable magwell (grip 300, Figs. 3, 7. 20), and a viewing optic (A preferred such embodiment would include the storage of batteries to supply power to auxiliary devices such as laser sights, flashlights, sight optics such as red-dot sights, or night-vision scopes., Col. 12 Lines. 46-49); the cable magwell comprising a top side, a bottom side (grip 300 is shown to be three-dimensional and has ramp portion 710 around magazine well 110 and with magazine 100 passing therethrough, Figs. 7, 8), and a first cable (wire 215, Fig. 20), the first cable having a first end and a second end (wire 215 is shown to have end entering grip 300 and end at flashlight 210, Fig. 20), the side coupling to the magwell of the firearm (ramp portion 710 around magazine well 110 with magazine 100 passing therethrough, Figs. 7, 8), and the bottom side configured to accept a magazine (magazine 100 passes through ramp portion 710, Figs. 7, 8); the cable coupling the cable magwell to the viewing optic (Fig. 20), and further wherein the cable magwell has one or more actuation mechanisms to control one or more operations of the viewing optic (FIG. 20 illustrates thumb rest 190 which has a switch to operate flashlight 210 which is mounted to the forend. FIG. 20 illustrates wire 215 which could be either or both of power and control (on/off)., Col. 14, lines 25-29).
Brixius fails to explicitly disclose a first U channel and the first cable laying within the U channel.
Strike, in the same field of invention, teaches a firearm grip (grip is shown attached to firearm, 0:10-0:14) comprising a first U channel and the first cable laying within the U channel (cable is shown routed into grip with various routing options displayed with lighted path. 0:10-0:30).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the U channel of Strike with the invention of Brixius. The motivation for doing so would have been to protect the cable within the magazine well.
Claims 2, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Brixius and Strike as applied to claims 1 and 3-16 above, and further in view of Pettit et al. (WO 2015/006583) [hereinafter Pettit].
Regarding claim 2, modified Brixius discloses the invention as shown above in claim 1. Brixius fails to explicitly disclose further comprising an index groove configured to index on the magwell of the firearm.
Pettit, in the same field of invention, teaches a magwell (Abstract) further comprising an index groove configured to index on the magwell of the firearm (spaces 43a, 43b a formed to capture side portions 18a, 18b of magazine well, Figs. 2.5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the groove of Pettit with the invention of Brixius. The motivation for doing so would have been to ensure proper alignment of the components.
Regarding claim 17, modified Brixius discloses the invention as shown above in claim 16. Brixius fails to explicitly disclose wherein the cable magwell further comprises an index groove configured to index on the magwell of the firearm.
Pettit, in the same field of invention, teaches a magwell (Abstract further comprises an index groove configured to index on the magwell of the firearm (spaces 43a, 43b a formed to capture side portions 18a, 18b of magazine well, Figs. 2, 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the groove of Pettit with the invention of Brixius. The motivation for doing so would have been to ensure proper alignment of the components.
Regarding claim 18, modified Brixius discloses the invention as shown above in claim 17, wherein the cable magwell further comprises a bevel configured to function as B funnel around the magwell of the firearm (ramp portion 710 is shown to be beveled to create a funnel, Fig. 7).
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 JOSHUA E FREEMAN whose telephone number is (303)297-4269. The examiner can normally be reached 9AM - 5PM MST M-F.
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/JOSHUA E FREEMAN/Primary Examiner, Art Unit 3641
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