11DETAILED 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 Objections
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 1-19 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.
Claims 1-19 recited the limitation “a basket”. It is unclear what the applicant is referring to. In Par. 0033 of the present disclosure the applicant states: “The sling mount 100 includes a curved basket 112, a wire gate 114, a hinge base 116 with two mounting holes 118, and a base 120 configured for attachment to an accessory mounting interface.” However, in the drawings 112 appears to be a hook (See Fig. 5). Applicant should not that a basket is understood as a container used to hold or carry things, typically made from interwoven strips of cane or wire. Fig. 5 shows a piece of material curved or bent back at an angle, for catching hold of loo[ material 104, better understood as a hook.
Applicant should note that where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “basket” in claims 1-12 is used by the claim to mean “hook” while the accepted meaning is “a container used to hold or carry things, typically made from interwoven strips” The term is indefinite because the specification does not clearly redefine the term.
Allowable Subject Matter
Claims 1-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Swan et al (US 2012/0030986) is considered the most relevant prior art of record. Swan discloses a sling mount 10 comprising: a “basket” 15 defining an interior cavity and a gap that provides access to the interior cavity (Fig. 1 and 14), the “basket” including a nose adjacent the gap (Fig. 1 and 14); and a base portion configured for attachment to an accessory mounting interface (Fig. 16 and 18).
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Regarding independent claim 1, Swan fails to disclose a wire gate configured to extend across the gap, the wire gate having a proximal end and a distal end; a hinge base configured to receive the proximal end of the wire gate, the proximal end cooperating with the hinge base to generate a biasing force that urges the wire gate toward a closed position in which the wire gate spans the gap of the “basket” and the distal end rests against the nose.
Regarding independent claim 6, Swan fails to disclose a hinge base; a wire gate having a proximal end affixed to the hinge base and a distal end, the proximal end cooperating with the hinge base to generate a biasing force that urges the wire gate toward a closed position in which the wire gate spans the gap of the curved basket and the distal end rests against the nose;
Regarding independent claim 12, Swan fails to disclose a hinge base; a wire gate having a proximal end that forms a hinge with the hinge base and a distal end that selectively closes the gap of the “basket”.
Additional art representing the state of the art of sling mounts considered relevant to applicant’s disclosure is cited in the attached PTO-892 form. The references alone or in combination do not anticipate or make obvious the claimed invention.
Conclusion
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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