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 .
Information Disclosure Statement
The information disclosure statement (IDS), submitted on May 27 of 2026, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Abstract
Applicant is reminded of the proper content, language and format of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. In certain patents, particularly those for compounds and compositions, wherein the process for making and/or the use thereof are not obvious, the abstract should set forth a process for making and/or use thereof. If the new technical disclosure involves modifications or alternatives, the abstract should mention by way of example the preferred modification or alternative.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
Where applicable, the abstract should include the following:
(1) if a machine or apparatus, its organization and operation;
(2) if an article, its method of making;
(3) if a chemical compound, its identity and use;
(4) if a mixture, its ingredients;
(5) if a process, the steps.
Extensive mechanical and design details of apparatus should not be given.
The abstract of the disclosure is objected to because it uses phrases which could be implied. Correction is required. See MPEP § 608.01(b).
The Examiner respectfully suggests amending the originally filed abstract as indicated below.
ABSTRACT.
Claim Rejections - 35 USC § 112
Section (b)
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, or a joint inventor, regards as the invention.
Independent claim 1 is indefinite as it is not clear if the claim is attempting to define a firearm including an accessory, as implied by the preamble’s recitation of a “firearm-mounted accessory” (i.e., an accessory already combined with a firearm); or simply an “accessory” configured to be mounted to a firearm, as defined in the body of the claim. The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, claim 1 as attempting to define an “accessory” configured for use with a firearm.
Dependent claims 2-15 are rejected at least for their dependency on indefinite independent claim 1, as detailed above.
Independent claim 16 is indefinite as it is not clear if the claim is attempting to define a firearm including an accessory, as implied by the preamble’s recitation of a “firearm-mounted accessory” (i.e., an accessory already combined with a firearm); or simply an “accessory” configured to be mounted to a firearm, as defined in the body of the claim. The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, claim 16 as attempting to define an “accessory” configured for use with a firearm.
Dependent claims 17-20 are rejected at least for their dependency on indefinite independent claim 16, as detailed above.
Section (d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d), as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Dependent claim 3 defines the “firearm” as being a “handgun” and the “rail” as provided on an underside of a barrel of the “handgun”; however, the previously recited “firearm” was not positively defined as part of the claimed invention, but merely as the external structure the claimed “accessory” is intended to be used with. Therefore, the “accessory” of dependent claim 3 appears to be substantially identical to that previously defined by indepdennt claim 1, from which claim it directly depends.
Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, dependent claim 3 as attempting to define a handgun including a barrel and a rail mounted at an underside of the barrel.
Proposed Claim Amendments
The Examiner respectfully suggests amending the claims as indicated below. The applicant is advised that, if the proposed amendments are accepted, all claims must be carefully reviewed to reflect and/or accommodate the new language.
CLAIM 1. An accessory configured to be mounted to a firearm, the accessory comprising:
a body comprising clamping members configured to mount to a rail of a firearm;
a tail cap attached to a rear side of the body;
left-side and right-side axles held rotatably in the tail cap;
left-side and right-side outer arms attached to the left-side and right-side axles, respectively;
left-side and right-side inner arms within the tail cap and attached to the left-side and right-side axles, respectively;
a printed circuit board (PCB) within in the tail cap; and
left-side and right-side button switches coupled to the PCB, wherein based on pressing of the left-side and right-side outer arms, the left-side and right-side inner arms are configured to press the left-side and right-side button switches, respectively.
CLAIM 3. [[The]]A firearm comprising:
the firearm-mounted accessory of claim 1;
a barrel; and
a rail provided at an underside of barrel,
wherein the firearm is a handgun.
CLAIM 16. An accessory configured to be mounted to a firearm, the accessory comprising:
a body comprising clamping members configured to mount to a rail of a firearm;
a tail cap attached to a rear side of the body;
an axle held rotatably in the tail cap;
an outer arm attached to the axle;
an inner arm within the tail cap and attached to the axle;
a printed circuit board (PCB) within in the tail cap; and
a button switch coupled to the PCB, wherein based on rotation of the outer arm, the inner arm is configured to rotate and press the button switch.
Claim Rejections Based on Prior Art
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 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.
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.
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.
Claims 1-4, 7-9, 11, 12 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GALLI et al. (U.S. Pat. App. Pub. 2018/0283670).
Regarding independent claim 1 (as best understood), GALLI et al. discloses a firearm-mounted accessory 10 (as seen in Figure 1) including a body 14 (as seen in Figure 1) having clamping members 34/36 (as seen in Figure 1) to mount to a rail 12 (as seen in Figure 3) of a firearm 18 (as seen in Figure 3); a tail cap 14A (as seen in Figure 5) attached to a rear side of the body 14 (see paragraph 0044); left-side and right-side axles 32 (as seen in Figure 1) held rotatably in the tail cap 14 (as seen in Figure 1); left-side and right-side outer arms 28 (as seen in Figure 1) attached to the left-side and right-side axles 32 (as seen in Figure 1), respectively; left-side and right-side inner arms 32 (as seen in Figure 5a) within the tail cap 14 (as seen in Figure 5a) and attached to the left-side and right-side axles 32 (as seen in Figure 5a), respectively; a printed circuit board (PCB) 41 (as seen in Figure 5a) within in the tail cap 14 (as seen in Figure 5a); and left-side and right-side button switches 37 (as seen in Figure 5a) coupled to the PCB 41 (as seen in Figure 5a), wherein based on pressing of the left-side and right-side outer arms 28, the left-side and right-side inner arms 31 are configured to press the left-side and right-side button switches 37 (as seen in Figure 1), respectively.
Regarding dependent claim 2 (as best understood), GALLI et al. further discloses a battery (see paragraph 0058) within the body 14; and an optic 20 (as seen in Figure 1) including a light source 42 (as seen in Figure 2) attached to a front side of the body 14 (as seen in Figure 1).
Regarding dependent claim 3 (as best understood), GALLI et al. further discloses the firearm is a handgun 18 (as seen in Figure 3) and the rail 12 is at an underside of a barrel of the handgun 18 (as seen in Figure 1).
Regarding dependent claim 4 (as best understood), GALLI et al. further discloses the tail cap 14A includes left-side and right-side recesses (cavities of element 14A where elements 28 are received, as seen in Figure 5a); a front part of the left-side and right-side outer arms 28 (bottom portion of element 28, as seen in Figure 5a) extends in the left-side and right-side recesses (as seen in Figure 5a), respectively; and a rear part of the left-side and right-side outer arms 28 (top portion of element 28, as seen in Figure 5a) extends rearward of the left-side and right-side recesses (as seen in Figure 5a), respectively.
Regarding dependent claim 7 (as best understood), GALLI et al. further discloses an element 14 to hold the PCB 41 (as seen in Figure 5a); and an additional PCB 134 (as seen in Figure 14) attached to the element 14 (as evidenced by Figure 14) and to an inner frame of the tail cap 14 (as evidenced by Figures 5a and 14).
Regarding dependent claim 8 (as best understood), GALLI et al. further discloses a button switch standoff 35 (as seen in Figure 5) in which the PCB 41 is housed (as seen in Figure 5).
Regarding dependent claim 9 (as best understood), GALLI et al. further discloses left-side and right-side springs 43 (as seen in Figure 5a) coupled to the left-side and right-side inner arms 31 (as seen in Figure 5a), respectively.
Regarding dependent claim 11 (as best understood), GALLI et al. further discloses based on a respective one of the outer arms 28 being pressed down, a respective one of the inner arms rotates 31, to apply more tension in a respective one of the springs 43 against a respective one of the button switches 37; and based on the respective one of the outer arms 28 being released, the respective one of the return springs 43 is to rotate the respective one of the inner arms 31 back to a resting position (as evidenced by Figure 5a).
Regarding dependent claim 12 (as best understood), GALLI et al. further discloses the PCB 126 (as seen in Figure 14) is a first PCB 126; the firearm-mounted accessory 10 further includes a second PCB 134 (as seen in Figure 14) electrically coupled to circuitry in the body 10 (as seen in Figure 15); and the first PCB 126 includes one or more pins 146 (as seen in Figure 14) to electrically couple to the second PCB 134 (as seen in Figure 14).
Regarding independent claim 16 (as best understood), GALLI et al. discloses a firearm-mounted accessory 10 (as seen in Figure 1) including a body 14 (as seen in Figure 1) having clamping members 34/36 (as seen in Figure 1) to mount to a rail 12 (as seen in Figure 3) of a firearm 18 (as seen in Figure 3); a tail cap 14A (as seen in Figure 5) attached to a rear side of the body 14 (see paragraph 0044); an axle 32 (as seen in Figure 1) held rotatably in the tail cap 14 (as seen in Figure 1); an outer arm 28 (as seen in Figure 1) attached to the axle 32 (as seen in Figure 1); an inner arm 32 (as seen in Figure 5a) within the tail cap 14 (as seen in Figure 5a) and attached to the axle 32 (as seen in Figure 5a), respectively; a printed circuit board (PCB) 41 (as seen in Figure 5a) within in the tail cap 14 (as seen in Figure 5a); and a button switch 37 (as seen in Figure 5a) coupled to the PCB 41 (as seen in Figure 5a), wherein based on rotation of the outer arm 28, the inner arm 31 is configured to rotate and press the button switch 37 (as seen in Figure 1).
Regarding dependent claim 17 (as best understood), GALLI et al. further discloses a spring 43 (as seen in Figure 5a) to bias the inner arm 31 away from the button switch 37 (as evidenced by Figure 5a).
Regarding dependent claim 18 (as best understood), GALLI et al. further discloses the inner arm 31 is configured to rotate about the axle 32 (as seen in Figure 5a).
Regarding dependent claim 19 (as best understood), GALLI et al. further discloses the PCB 41 is a first PCB 126 (as seen in Figure 14); the firearm-mounted accessory 10 further includes a second PCB 134 (as seen in Figure 14) electrically coupled to circuitry in the body 14 (as seen in Figure 15); and the first PCB 126 includes one or more pins 146 to electrically couple to the second PCB 134 (as seen in Figure 14).
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.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over GALLI et al. (U.S. Pat. App. Pub. 2018/0283670).
Regarding dependent claim 5 (as best understood), GALLI et al. discloses all the limitations of the claim, as previously detailed, except the left-side and right-side inner each arms 31 each having a protrusion configured to press the left-side and right-side button switches 37 based on pressing of the left-side and right-side outer arms 28, respectively.
However, the examiner takes Official Notice of the use and advantages of dimples (e.g., protrusions) on switch operating arms are old and well known in the illumination art.
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the instant application to simply include a known dimple in the left-side and right-side inner each arms 31 of the firearm-mounted accessory 10 of GALLI et al., to obtain the predictable result of enabling the arms 31 to better operate the button switches 37. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Regarding dependent claim 6 (as best understood), GALLI et al. discloses all the limitations of the claim, as previously detailed, except the protrusions have a corresponding size and shape as the left-side and right-side button switches 37.
However, it would have been further obvious to one of ordinary skill in the art at the effective filing date of the instant application to shape to the protrusions have a size and shape corresponding to the button switches 37 to obtain the predictable result of enabling the arms 31 to properly engage the button switches 37.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wright (U.S. Pat. 894,306), Barnes (U.S. Pat. 957,299), Kim (U.S. Pat. 7,117,624), Matthews et al. (U.S. Pat. 7,325,352), Howe et al. (U.S. Pat. 7,493,722), Sharrah et al. (U.S. Pat. 8,371,729), Chang et al. (U.S. Pat. App. Pub. 2015/0276352), Worman et al. (U.S. Pat. 10,344,959), Tayon et al. (U.S. Pat. 10,365,069), Teetzel et al. (U.S. Pat. App. Pub. 2020/0200508), Wells et al. (U.S. Pat. 10,948,266), Spitzer et al. (U.S. Pat. App. Pub. 2026/0153306) disclose illumination devices configured to be attached to handguns, such devices including a main body, a light source housing provided on a front portion of the body, a power source disposed within the body, switching means arranged on a tail portion of the body, and at least one arm rotatably connected to the body and configured to actuate the switch to turn the light source selectively ON/OFF.
Allowable Subject Matter
Claims 10, 13-15 and 20 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAEL NEGRON whose telephone number is (571)272-2376. The examiner can normally be reached on Monday - Friday from 10:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk Lee, can be reached at telephone number 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISMAEL NEGRON/Primary Examiner
Art Unit 2875
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