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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 8 "control port must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: see future enablement rejections for reasoning.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1,9 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a main valve, shot and switch plums, spring, and control port, does not reasonably provide enablement for "compressed gas in the shot plum biases the switch to the forward position". The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. It is unclear how the .
Claims 2-8 and 10-19 are dependent on claims 1 and 9 respectively and are thus summarily rejected.
Claim 2,10 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. It is unclear how the spring based on the position shown in the drawings is designed to push the main valve and switch away from each other.
Claim 19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for "control port", does not reasonably provide enablement for allowing gas to both fill and vent from the control port. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. It is unclear from the specification and drawings how the construction of the control port allows for both filling and venting of the switch plenum.
Claims 4-7 and 12-15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for "compresses gas in the shot plenum presses the main valve against the outlet", does not reasonably provide enablement for "until the compresses gas in the s. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. It is unclear based on the specification and drawings what action of the switch plenum venting gas changes how the compressed gas in the shot plenum to no longer press the main valve against the outlet.
The parts of each claim that can be understood based on the specification and drawings will be examined as best can be seen.
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) 1,3,9,11,17,19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazakovtsev (RU 2677815). For paragraph citations of Kazakovtsev see translated document.
Regarding claim 1, Kazakovtsev teaches a main valve assembly (Fig. 1) for selectively providing compressed gas, said main valve assembly comprising: a housing (10) forming a shot plenum (12) and a switch plenum (28), said shot plenum having an inlet (17) and an outlet (27), said shot plenum configured to receive compressed gas via the inlet and provide the compressed gas via the outlet (Figs. 1-9; paragraph 110), said switch plenum having a control port (20); a main valve (16) configured to seal the outlet (27) of the shot plenum (12) when the main valve is in a forward position (Paragraph 110); a spring (31) configured to bias the main valve toward the forward position of the main valve (Paragraph 110); and a switch (15) configured to separate the shot plenum from the switch plenum when the main valve assembly is assembled (Paragraph 110), wherein: the switch has a forward position (Fig. 3; Paragraph 110) and a rear position (Fig. 2; Paragraph 110); the switch blocks the compressed gas from entering the shot plenum via the inlet when the switch is in the rear position (Figs. 2,4; Paragraph 110); and compressed gas in the shot plenum biases the switch to the forward position (Figs. 1-4; Paragraph 110).
Regarding claim 3, Kazakovtsev teaches the switch (Fig. 1, 15) is a piston movable longitudinally within the housing (Paragraph 106).
Regarding claim 9, Kazakovtsev teaches the air gun as previously stated. Kazakovtsev also teaches a trigger; an actuation system (Fig. 1, 5) configured to selectively vent the compressed gas from the switch plenum in response to a user pulling the trigger (3; Paragraph 110); and a barrel (2) configured to receive the compressed gas from the shot plenum via the outlet of the shot plenum (Paragraph 110).
Regarding claims 11, Kazakovtsev teaches the device as previously shown, as such the same rejections apply here.
Regarding claim 17, Kazakovtsev teaches the trigger (Fig. 1, 3), actuation system (5), and barrel (2) are supported by the housing (10) when the air gun is assembled (Paragraphs 84-86 and 110).
Regarding claim 19, Kazakovtsev teaches pulling the trigger vents blocks compressed gas from flowing into the switch plenum via the control port (Figs. 1-9; Paragraphs 110 and 114); and pulling the trigger vents the switch plenum to atmosphere via the control port (Paragraph 110).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazakovtsev (RU 2677815) in view of Wygant (US 20050188977).
Regarding claims 8 and 16, Kazakovtsev teaches the device as previously shown. Kazakovtsev does not teach the control port is connected to the compressed gas source via a regulator. Wygant teaches wherein the inlet is connected to a compressed gas source via a regulator (Fig. 1, 32 and 60; Paragraph 37). Wygant teaches adding a regulator allows for a safer and more controllable arrangement for the supple of compressed gas (Paragraph 37).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kazakovtsev to incorporate the teachings of Wygant to provide a regulator connecting the inlet and compressed gas storage. Doing so would allow for a safer and more controllable arrangement for the supple of compressed gas, as recognized by Wygant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached list.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN W CAUDLE whose telephone number is (571)270-0481. The examiner can normally be reached Monday - Thursday 8 a.m. - 5 p.m. ET. Friday 8 a.m. - 12 p.m.
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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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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/L.W.C./Examiner, Art Unit 3641
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