Office Action 1: Non-Final Rejection (2025-08-07)
Rejection types: 102 - Lack of Novelty

CLAIMS:
CLAIMS What is claimed is:
1\. 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.
2\. The lever action firearm of claim 1, 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.
3\. The lever action firearm of claim 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\. The lever action firearm of claim 3, wherein the first link is elongate in shape.
5\. The lever action firearm of claim 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\. The lever action firearm of claim 5, wherein the second link is elongate in shape.
7\. 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\. 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\. 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\. The lever action firearm of claim 9, further comprising a first pivot and a second pivot, and wherein the first gear set and the second gear set are rotatable about the first pivot and the second pivot, respectively.
11\. 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\. The lever action firearm of claim 10, wherein rotation of the action lever about its pivot causes the first gear set to rotate.
13\. 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\. 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\. The lever action firearm of claim 9, further comprising a rack gear attached to the bolt carrier assembly, and wherein 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\. 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\. The lever action firearm of claim 9, further comprising a hammer, and wherein in the closed position, the hammer is reset to a ready to fire position.
18\. 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 .
Claim Rejections - 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Herring et al. (US 12,152,844), hereinafter (“Herring”).  Herring (Fig 6) discloses a lever action firearm comprising: an upper frame (114) 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 (at 140A); a lower frame (112) 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 (LLP) and third pivots (144), and wherein the action lever is pivotally connected to the lower frame at the second pivot; and a linkage assembly (140) is pivotally connected to the action lever at the third pivot (144), wherein the linkage assembly is pivotally connected to the bolt carrier assembly at the first pivot (140A), 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.
Allowable Subject Matter
Claims 2-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 9-18 allowed.
Conclusion

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

NEXT 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.”

CITED REFERENCE SUMMARIES: Ref US12152844B2: Claims:
A firearm, comprising: a receiver body system including an upper receiver body, a lower receiver body detachably attached to the upper receiver body, and a trigger assembly mounted on the lower receiver body, wherein the upper receiver body is an AR-15 platform compatible upper receiver body having a bolt carrier receiving bore therein, and wherein the trigger assembly and the lower receiver body are jointly configured such that a trigger of the trigger assembly is located directly beneath an accessory mounting flange of the lower receiver body; a bolt carrier slidably disposed within the bolt carrier receiving bore; a linkage member having a first end portion and a second end portion, wherein the first end portion is pivotably attached to the bolt carrier; and an action-control lever having a hand loop, a first attachment arm having a proximate end portion thereof attached to the hand loop, and a second attachment arm having a proximate end portion thereof attached to the hand loop, wherein a distal end portion of the first attachment arm is pivotably attached to the lower receiver body for enabling the action-control lever to pivot between a battery-ready position and a cartridge- ejecting position, wherein the second attachment arm extends through the accessory mounting flange with the action-control lever in the battery-ready position, and wherein a distal end portion of the second attachment arm is pivotably attached to the second end portion of the linkage member.
a receiver body system including an upper receiver body, a lower receiver body detachably attached to the upper receiver body, and a trigger assembly mounted on the lower receiver body, wherein the upper receiver body is an AR-15 platform compatible upper receiver body having a bolt carrier receiving bore therein, and wherein the trigger assembly and the lower receiver body are jointly configured such that a trigger of the trigger assembly is located directly beneath an accessory mounting flange of the lower receiver body;
a bolt carrier slidably disposed within the bolt carrier receiving bore;
a linkage member having a first end portion and a second end portion, wherein the first end portion is pivotably attached to the bolt carrier; and
an action-control lever having a hand loop, a first attachment arm having a proximate end portion thereof attached to the hand loop, and a second attachment arm having a proximate end portion thereof attached to the hand loop, wherein a distal end portion of the first attachment arm is pivotably attached to the lower receiver body for enabling the action-control lever to pivot between a battery-ready position and a cartridge- ejecting position, wherein the second attachment arm extends through the accessory mounting flange with the action-control lever in the battery-ready position, and wherein a distal end portion of the second attachment arm is pivotably attached to the second end portion of the linkage member.
The firearm of claim 1 , further comprising: an accessory securement body having spaced-apart engagement shoulders; wherein the accessory mounting flange includes opposing shoulder-receiving receptacles within a central passage thereof; and wherein the spaced-apart engagement shoulders and the opposing shoulder-receiving receptacles are jointly configured for permitting each of the spaced-apart engagement shoulders to be engaged within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the accessory securement body relative to the lower receiver body.
an accessory securement body having spaced-apart engagement shoulders;
wherein the accessory mounting flange includes opposing shoulder-receiving receptacles within a central passage thereof; and
wherein the spaced-apart engagement shoulders and the opposing shoulder-receiving receptacles are jointly configured for permitting each of the spaced-apart engagement shoulders to be engaged within a respective one of the opposing shoulder-receiving receptacles to inhibit unrestricted fore and aft movement of the accessory securement body relative to the lower receiver body.
The firearm of claim 1 , wherein the lower receiver body has engagement surfaces and at least a rear takedown pin bore enabling the lower receiver body to be matingly attached to the AR-15 platform compatible upper receiver body; and wherein the lower receiver includes a magazine well that defines a frontal end portion thereof.
wherein the lower receiver body has engagement surfaces and at least a rear takedown pin bore enabling the lower receiver body to be matingly attached to the AR-15 platform compatible upper receiver body; and
wherein the lower receiver includes a magazine well that defines a frontal end portion thereof.
The firearm of claim 1 , further comprising: an accessory fixedly attached to the lower receiver body; wherein the accessory includes a receiver engaging portion at an end thereof; wherein the receiver engaging portion of the accessory is engaged with an accessory receptacle of the accessory mounting flange; wherein the accessory includes an attachment arm passage within a bottom surface of the receiver engaging portion; and the second attachment arm of the action-control lever extends through the attachment arm passage of the accessory and through the accessory mounting flange with the action- control lever in the battery-ready position.
an accessory fixedly attached to the lower receiver body;
wherein the accessory includes a receiver engaging portion at an end thereof;
wherein the receiver engaging portion of the accessory is engaged with an accessory receptacle of the accessory mounting flange;
wherein the accessory includes an attachment arm passage within a bottom surface of the receiver engaging portion; and
the second attachment arm of the action-control lever extends through the attachment arm passage of the accessory and through the accessory mounting flange with the action- control lever in the battery-ready position.
The firearm of claim 1 , further comprising: a firing pin slidably disposed within a mating passage of a bolt carried by the bolt carrier; wherein a central portion of the linkage member between the first and second end portions thereof has a hammer-receiving space therein; and wherein a head of the firing pin is located below the hammer-receiving space.
a firing pin slidably disposed within a mating passage of a bolt carried by the bolt carrier;
wherein a central portion of the linkage member between the first and second end portions thereof has a hammer-receiving space therein; and
wherein a head of the firing pin is located below the hammer-receiving space.
The firearm of claim 5 wherein the hammer-receiving space is one of a hammer-receiving channel within a lower surface of the linkage member and a hammer-receiving passage extending through upper and lower surfaces of the linkage member.
The firearm of claim 1 wherein: the second attachment arm includes an arcuate segment between the distal end portion thereof and the hand loop; the arcuate segment extends along an arcuate axis; and all points along the arcuate axis are equidistant from a pivot axis about which the action-control lever pivots between the battery-ready position and the cartridge-ejecting position.
the second attachment arm includes an arcuate segment between the distal end portion thereof and the hand loop;
the arcuate segment extends along an arcuate axis; and
all points along the arcuate axis are equidistant from a pivot axis about which the action-control lever pivots between the battery-ready position and the cartridge-ejecting position.
Ref US9625231B1: Claims:
A firearm, comprising: a receiver; a barrel having a chamber and joined to said receiver; a cartridge magazine to contain a cartridge, where said cartridge magazine is removably affixed to said receiver; a sliding bolt configured to reciprocate relative to the receiver between an in-battery position and a rearward position, where said sliding bolt comprises a face contoured to engage with the cartridge, a sliding bolt cap with a locking groove, and a rack surface with rack teeth disposed along at least a portion of said rack surface; an extractor disposed on said face of said sliding bolt and contoured to receive and support the cartridge; a pinion with a spring-loaded locking pin and with pinion teeth, pivotally connected to said receiver via a pivot pin affixed to said receiver, and arranged so that said rack teeth on said sliding bolt mesh with said pinion teeth so that pivoting of the pinion causes motion of the rack; a claw disposed on the pinion and configured to engage and extract the cartridge from said cartridge magazine and deliver the cartridge to said extractor when said pinion pivots; a lever member with a pull-hook, pivotally connected to said receiver via said pivot pin and configured to alternate between a coupled configuration and a partially uncoupled configuration with said pinion via said spring-loaded locking pin; at least one decoupling pin affixed to said receiver and disposed to interact with said spring-loaded locking pin when the pinion pivots and to move said spring-loaded locking pin so that the pinion is released from said coupled configuration to said partially uncoupled configuration with said lever member; a bolt pin with a pull-hook recess, contoured to couple with said locking groove and configured to reciprocate relative to the receiver between a locked position when said sliding bolt is in approximately the in-battery position and an unlocked position, and where said lever member is positioned to push said bolt pin into said locking groove as said lever member pivots towards said bolt pin, and where said pull-hook is disposed in said pull-hook recess when said bolt pin is coupled with said locking groove; a bolt pin retainer disposed on said receiver and extending into said pull-hook recess; a hammer configured to reciprocate relative to the receiver between a cocked position and an uncocked position and disposed in relation to said sliding bolt so that said sliding bolt engages the hammer as said sliding bolt approaches the in-battery position from said rearward position, causing said hammer to move into said cocked position from said uncocked position; a hammer spring disposed so that motion of said hammer as it approaches said cocked position results in compression of said hammer spring; a spring-loaded sear pivotally attached to said receiver and disposed to engage with said hammer when said hammer is in said cocked position; a spring-loaded trigger, pivotally attached to said receiver and disposed to engage with said spring-loaded sear and to release said spring-loaded sear so that said spring-loaded sear disengages from said hammer when said trigger is depressed; a firing pin disposed between said hammer and said barrel, wherein said firing pin is struck by said hammer towards said barrel when said sear is disengaged from said hammer; an ejector mounted in said receiver; and an ejector opening configured to allow said cartridge to exit said receiver, once spent.
a barrel having a chamber and joined to said receiver;
a cartridge magazine to contain a cartridge, where said cartridge magazine is removably affixed to said receiver;
a sliding bolt configured to reciprocate relative to the receiver between an in-battery position and a rearward position, where said sliding bolt comprises a face contoured to engage with the cartridge, a sliding bolt cap with a locking groove, and a rack surface with rack teeth disposed along at least a portion of said rack surface;
an extractor disposed on said face of said sliding bolt and contoured to receive and support the cartridge;
a pinion with a spring-loaded locking pin and with pinion teeth, pivotally connected to said receiver via a pivot pin affixed to said receiver, and arranged so that said rack teeth on said sliding bolt mesh with said pinion teeth so that pivoting of the pinion causes motion of the rack;
a claw disposed on the pinion and configured to engage and extract the cartridge from said cartridge magazine and deliver the cartridge to said extractor when said pinion pivots;
a lever member with a pull-hook, pivotally connected to said receiver via said pivot pin and configured to alternate between a coupled configuration and a partially uncoupled configuration with said pinion via said spring-loaded locking pin;
at least one decoupling pin affixed to said receiver and disposed to interact with said spring-loaded locking pin when the pinion pivots and to move said spring-loaded locking pin so that the pinion is released from said coupled configuration to said partially uncoupled configuration with said lever member;
a bolt pin with a pull-hook recess, contoured to couple with said locking groove and configured to reciprocate relative to the receiver between a locked position when said sliding bolt is in approximately the in-battery position and an unlocked position, and where said lever member is positioned to push said bolt pin into said locking groove as said lever member pivots towards said bolt pin, and where said pull-hook is disposed in said pull-hook recess when said bolt pin is coupled with said locking groove;
a bolt pin retainer disposed on said receiver and extending into said pull-hook recess;
a hammer configured to reciprocate relative to the receiver between a cocked position and an uncocked position and disposed in relation to said sliding bolt so that said sliding bolt engages the hammer as said sliding bolt approaches the in-battery position from said rearward position, causing said hammer to move into said cocked position from said uncocked position;
a hammer spring disposed so that motion of said hammer as it approaches said cocked position results in compression of said hammer spring;
a spring-loaded sear pivotally attached to said receiver and disposed to engage with said hammer when said hammer is in said cocked position;
a spring-loaded trigger, pivotally attached to said receiver and disposed to engage with said spring-loaded sear and to release said spring-loaded sear so that said spring-loaded sear disengages from said hammer when said trigger is depressed;
a firing pin disposed between said hammer and said barrel, wherein said firing pin is struck by said hammer towards said barrel when said sear is disengaged from said hammer;
an ejector mounted in said receiver; and
an ejector opening configured to allow said cartridge to exit said receiver, once spent.
The firearm of claim 1 wherein said cartridge magazine further comprises a spring-loaded cartridge pusher.
The firearm of claim 1 wherein said extractor comprises a leaf spring with a clip.
The firearm of claim 1 wherein said extractor comprises a pivot-type extractor with a pivot point and a coil spring.
The firearm of claim 1 wherein said extractor comprises a rod cantilever-type extractor.
The firearm of claim 1 wherein said extractor comprises a pivot-type extractor with a hinge point and a hinge coil spring.
The firearm of claim 1 wherein said sliding bolt cap has a screwdriver slot and wherein said sliding bolt and said sliding bolt cap are removably attached via threads on said sliding bolt and said sliding bolt cap.
The firearm of claim 1 wherein said claw is an integral part of said pinion.
Ref US9328990B2: Claims:
A lever-action firearm, comprising: an upper receiver having a rifle barrel mounted thereto and defining a first pivot mount, said barrel defining a cartridge chamber; a bolt mechanism being located for reciprocating movement within said upper receiver; a cartridge magazine being releasably received by said lower receiver and positioning a cartridge for movement into said cartridge chamber during forward movement of said bolt mechanism; a lower receiver defining a second pivot mount; a pivot member engaging said first and second pivot mounts and securing said upper and lower receivers in pivotal connection; and a lever-action mechanism being mounted to said lower receiver and having operating connection with said bolt mechanism for imparting substantially linear movement of said bolt mechanism responsive to manual action of said lever-action mechanism, said lever-action mechanism being movably mounted to said lower receiver and having a pair of linkage arms extending along external surface portions of said lower receiver and into said upper receiver, said linkage arms having driving connection with said bolt mechanism and moving said bolt mechanism substantially linearly responsive to manual actuation of said lever-action mechanism.
an upper receiver having a rifle barrel mounted thereto and defining a first pivot mount, said barrel defining a cartridge chamber;
a bolt mechanism being located for reciprocating movement within said upper receiver;
a cartridge magazine being releasably received by said lower receiver and positioning a cartridge for movement into said cartridge chamber during forward movement of said bolt mechanism;
a lower receiver defining a second pivot mount;
a pivot member engaging said first and second pivot mounts and securing said upper and lower receivers in pivotal connection; and
a lever-action mechanism being mounted to said lower receiver and having operating connection with said bolt mechanism for imparting substantially linear movement of said bolt mechanism responsive to manual action of said lever-action mechanism, said lever-action mechanism being movably mounted to said lower receiver and having a pair of linkage arms extending along external surface portions of said lower receiver and into said upper receiver, said linkage arms having driving connection with said bolt mechanism and moving said bolt mechanism substantially linearly responsive to manual actuation of said lever-action mechanism.
The lever-action firearm of claim 1 , comprising: an cartridge magazine receptacle being defined by said lower receiver; and an cartridge magazine being releasably received by said cartridge magazine receptacle and during shooting activities providing a number of ammunition cartridges and positioning an uppermost one of the ammunition cartridges for pick-up by forward movement of said bolt mechanism by said lever-action mechanism.
an cartridge magazine receptacle being defined by said lower receiver; and
an cartridge magazine being releasably received by said cartridge magazine receptacle and during shooting activities providing a number of ammunition cartridges and positioning an uppermost one of the ammunition cartridges for pick-up by forward movement of said bolt mechanism by said lever-action mechanism.
The lever-action firearm of claim 1 , said bolt mechanism comprising: a bolt carrier being located for substantially linear reciprocating movement within said upper receiver and being in assembly with said lever-action mechanism; substantially parallel guide slots being provided on said bolt carrier and having guided engagement with a guide rails of said lower receiver; and a bolt mechanism being moveable within said bolt carrier and having a bolt head defining locking lugs and a cartridge recess within which the base of a cartridge is received.
a bolt carrier being located for substantially linear reciprocating movement within said upper receiver and being in assembly with said lever-action mechanism;
substantially parallel guide slots being provided on said bolt carrier and having guided engagement with a guide rails of said lower receiver; and
a bolt mechanism being moveable within said bolt carrier and having a bolt head defining locking lugs and a cartridge recess within which the base of a cartridge is received.
The lever-action firearm of claim 3 , comprising: a cam slot being defined by said bolt mechanism; and a cam pin of said bolt carrier being engaged within said cam slot and reacting with said cam slot dur
[Truncated to input limit]