Office Action 2: Notice of Allowance (2025-09-03)

CLAIMS:
Listing of Claims:

This listing of claims will replace all prior versions, and listings, of claims in the application.

1\. (Currently Amended) A lever action firearm comprising:an upper frame that defines a bolt passage;
a bolt carrier assembly received in the upper frame and operable to reciprocate between an open position and a closed position, wherein the bolt carrier assembly includes a first pivot;
a lower frame defining a magazine well configured to removably receive a box magazine;
an action lever movable between a retracted position and an extended position, wherein the action lever includes second and third pivots, and wherein the action lever is pivotally connected to the lower frame at the second pivot; and
a linkage assembly is pivotally connected to the action lever at the third pivot, wherein the linkage assembly is pivotally connected to the bolt carrier assembly at the first pivot, wherein the linkage assembly is configured to position the bolt carrier assembly in the closed position when the action lever is in the retracted position, and wherein the linkage assembly is configured to position the bolt carrier assembly in the open position when the action lever is in the extended position,
wherein the linkage assembly comprises a first link and a second link, and
wherein the first link and the second link are pivotally attached at the third pivot.

2\. (Cancelled)

3\. (Currently Amended) The lever action firearm of claim 1\[\[2,\]\] further comprising a fourth pivot attached to the upper frame,wherein the first link comprises a first end and a second end,
wherein the first end of the first link is attached to the fourth pivot, and
wherein the second end of the first link is attached to the third pivot.

4\. (Original) The lever action firearm of claim 3, wherein the first link is elongate in shape.
5\. (Currently Amended) The lever action firearm of claim 1\[\[2,\]\] wherein the second link comprises a first end and a second end,
wherein the first end of the second link is attached to the first pivot, and wherein the second end of the second link is attached to the third pivot.
6\. (Original) The lever action firearm of claim 5, wherein the second link is elongate in shape.
7\. (Original) The lever action firearm of claim 1, wherein the action lever drives the third pivot rearward when moved from the retracted position to the extended position.
8\. (Original) The lever action firearm of claim 1, wherein the action lever moves the first pivot rearward and bolt carrier assembly rearward when moved from the retracted position to the extended position.
9\. (Original) A lever action firearm comprising:
an upper frame defining a bolt passage;
a bolt carrier assembly received in the upper frame and operable to reciprocate between an open position and a closed position;
a lower frame defining a magazine well configured to removably receive a box magazine;
an action lever movable between a retracted position and an extended position, wherein the action lever comprises an action lever gear, and wherein the action lever is pivotally connected to the lower frame;
a gear assembly comprising a first gear set and a second gear set, wherein the gear assembly is mechanically driven by the action lever, wherein the action lever gear is operably connected to the second gear set, wherein the gear assembly is mechanically

connected to the bolt carrier assembly at the first gear set, wherein the gear assembly is configured to position the bolt carrier assembly in the closed position when the action lever is in the retracted position, and wherein the gear assembly is configured to position the bolt carrier assembly in the open position when the action lever is in the extended position.

10\. (Original) The lever action firearm of claim 9, further comprising a first pivot and a second pivot, andwherein the first gear set and the second gear set are rotatable about the first pivot and the second pivot, respectively.

11\. (Original) The lever action firearm of claim 10, wherein the first gear set and the second gear set are operably connected such that rotation of the first gear set drives rotation of the second gear set.

12\. (Original) The lever action firearm of claim 10, wherein rotation of the action lever about its pivot causes the first gear set to rotate.

13\. (Original) The lever action firearm of claim 10, wherein rotation of the action lever about its pivot causes the first gear set to rotate to thereby cause the second gear set to rotate.

14\. (Original) The lever action firearm of claim 10, wherein rotation of the action lever about its pivot causes the first gear set to rotate to thereby cause the second gear set to rotate and cause the bolt carrier assembly to move.

15\. (Original) The lever action firearm of claim 9, further comprising a rack gear attached to the bolt carrier assembly, andwherein the gear assembly is operably connected to the rack gear such that operational movement of the gear assembly drives the rack gear to effect movement of the bolt carrier assembly.

16\. (Original) The lever action firearm of claim 15, wherein movement of the action lever between the retracted position and the extended position moves the gear assembly to drive the rack gear for moving the bolt carrier assembly.

17\. (Original) The lever action firearm of claim 9, further comprising a hammer, andwherein in the closed position, the hammer is reset to a ready to fire position.

18\. (Original) The lever action firearm of claim 14, further comprising a trigger configured to cause the hammer to release when the trigger is pulled

OFFICE 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 .
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: in regards to independent claim 9, the closest prior art is to Badali (US 5,148,619).  Badali (Fig 1) discloses a lever action firearm comprising: an upper frame defining a bolt passage; a lower frame defining a magazine well configured to removably receive a box magazine (inherent); an action lever (13) movable between a retracted position and an extended position, wherein the action lever comprises an action lever gear (15), and wherein the action lever is pivotally connected to the lower frame; a gear assembly comprising a first gear set (50) and a second gear set (51), wherein the gear assembly is mechanically driven by the action lever, wherein the action lever gear is operably connected to the second gear set.
Badali does not disclose, however, a bolt carrier assembly received in the upper frame and operable to reciprocate between an open position and a closed position; and wherein the gear assembly is mechanically connected to the bolt carrier assembly at the first gear set, wherein the gear assembly is configured to position the bolt carrier assembly in the closed position when the action lever is in the retracted position, and wherein the gear assembly is configured to position the bolt carrier assembly in the open position when the action lever is in the extended position; and there is no teaching in the prior art that would have motivated one of ordinary skill in the art to modify the rifle in Badali to have the bolt carrier assembly as claimed.
Conclusion
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”

APPLICANT REBUTTAL: REMARKS
Claims 1-18 are pending in this application. By this response, Claims 1, 3, and 5 are amended, and Claim 2 is cancelled. No new matter has been added.
Favorable consideration and withdrawal of the rejection in light of the amendments and remarks are respectfully requested.
Claim Re
j
ections Under 35 U.S.C.
§
102 and Allowable Sub
j
ect Matter
Claims 1, 7, and 8 stand rejected under 35 U.S.C. § 102(a)(2) under the contention that the claims are anticipated by U.S. Patent No. 12,152,844 to Herring et al. (hereinafter, "Herring"). This rejection is respectfully traversed.
At Page 3 of the Office Action, it is indicated that Claim 2 stands objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including the features of the base claim. Claim 2 depends upon Claim 1. Claim 1 has been amended to include the features of original Claim 2. Therefore, it is respectfully submitted that the rejection of Claim 1 and its dependent Claims 3-8 under 35 U.S.C. § 102(a)(2) should be withdrawn and the claims allowed at this time.
Claim 2 has been cancelled. Accordingly, the rejection of Claim 2 should be withdrawn.
Claims 9-18 are indicated as being allowed.
Conclusion


CITED REFERENCE SUMMARIES: Ref US5148619: Claims:
1. In a lever action firearm of the type in which a pivoted lever member transmits force to a bolt body through a rack and pinion system, whereby to move the bolt body rearward to cock the firearm, the improvement wherein said lever member comprises:an external lever arm accessible for operation to pivot said lever arm forward; and an internal lever arm assembly connected to and movable with said external arm, including: an extension structured and arranged to push said bolt body rearward only during an initial increment of forward pivoting movement of said external lever arm; and wherein said rack and pinion system comprises a floating rack element mounted to pivot with respect to said lever member and having means thereon structured and arranged to interact with means for moving said bolt body during a subsequent increment of forward pivoting movement of said external lever arm and to maintain rearward motion of said bolt body during any additional forward pivoting movement of said external lever arm.
2. An improvement according to claim 1 wherein said lever member and said floating rack element are independently pivotally mounted and including a biasing means operable to urge said floating rack element to pivot in a selected direction with respect to said lever member.
3. An improvement according to claim 2 wherein said lever member and said floating rack element are mounted on a common pivot axis, said lever member includes a first reaction element, said floating rack element includes a second reaction element, and said biasing means comprises a spring element positioned to be compressed between said first and second reaction elements when said external lever arm is pivoted forward.
4. An improvement according to claim 3 including a pinion gear mounted on an axle approximately parallel said pivot axis, with a first stage constructed and arranged to engage a rack surface carried by said floating rack element and a second stage constructed and arranged to engage a rack surface carried by said bolt body.
5. An improvement according to claim 1 including a biasing means associated with said lever member and said rack element constructed and arranged to permit said internal lever arm assembly to move independent of said rack element, thereby storing energy in said biasing means until said biasing means is capable of overcoming inertia of said rack element and said bolt body.
6. An improvement according to claim 5 wherein said lever member and said floating rack element are independently pivotally mounted and said biasing means is operable to urge said floating rack element to pivot in a selected direction with respect to said lever member.
7. An improvement according to claim 6 wherein said lever member and said floating rack element are mounted on a common pivot axis, said lever member includes a first reaction element, said floating rack element includes a second reaction element, and said biasing means comprises a spring element positioned to be compressed between said first and second reaction elements when said external lever arm is pivoted forward.
8. An improvement according to claim 7 including a pinion gear mounted on an axle approximately parallel said pivot axis, with a first stage constructed and arranged to engage a rack surface carried by said floating rack element and a second stage constructed and arranged to engage a rack surface carried by said bolt body.