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 .
Reply to Response to Office Action
The response to office action filed April 21, 2026 has been entered. Claim 48 has been cancelled. Applicant amended claims 47 and 50-63. Examiner withdraws objections to claims 52-53 and 55-64. In response to Examiner’s restriction requirement on September 25, 2025, Applicant elected on December 22, 2025 Group I, comprising claims 47-64, for examination. Therefore, claims 65-66 are not pending in this application. Claims 47 and 49-64 remain pending in the application.
Claim Rejections - 35 USC § 103
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 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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 47 and 49-64 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180080748 A1 (“Sotola”) in view of US 9234730 B1 (“Cook”) and US 20210280088 A1 (“Sedberry”).
In regards to claim 47, Sotola discloses the following limitations with the exception of the underlined limitations.
A training hand-grenade (100) comprising a housing (101) optionally interconnected with ([0008], “a grenade simulation apparatus may include a housing”) a safety lever for activating said grenade (102);
within said housing, accommodated at least one blast simulator selected from a group consisting of a speaker (120) ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can have a speaker for audio.) for generating an acoustical blast imitation (10) ([0006], “a grenade simulation apparatus may include audible … indications of a grenade detonation”), one or more light emitters (130) ([0025], “The device may provide a simulated detonation through lighting of LEDs” Examiner notes that a LED is a light-emitting diode.), a smoke generator (131) and any combination thereof;
a processor (150), interconnected ([0027], “Device … may include … a processor”) with a power supply (140), and said blast simulator, said processor being configured to operate said blast simulator in one of two or more preset modes of operation ([0026], “the grenade simulation apparatus may include a rechargeable power source”);
wherein each of said modes of operation is characterized by said processor generating said acoustical blast imitation having ([0030], “Acoustic component ... may provide acoustic feedback during a simulated detonation... acoustic component ... may include a siren ... acoustic component ... may ... provide acoustic feedback to indicate that a particular operational mode has been selected, or that a trigger input has been received”) a predefined combination fingerprint of blast acoustic parameters, wherein said blast acoustic parameters are selected from a group consisting of peak pressure, rise time, amplitude, frequency, content, duration, pitch, sone, phon, mel values, and an explosion profile ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can measure amplitude, frequency, content, duration, peak pressure, rise time, pitch, sone, phon, mel, and the profile of an explosion.).
Cook discloses
a safety lever for activating said grenade (102) (column 7, lines 52-55, “A single safety feature would be … pulling the pin on a commonly available hand grenade. Once the pin is pulled, the lever … is urged away from the device by a spring, and the device begins the function sequence.”);
a smoke generator (131) and any combination thereof (column 10, lines 32-33, “a smoke generating device may be installed within the device”);
Sotola and Cook are considered analogous to the claimed invention because they are in the field of a grenade simulator and a hand grenade. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, as disclosed by Sotola, a safety lever for activating said grenade; a smoke generator (131) and any combination thereof; and smoke effects, as disclosed by Cook, to provide a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry. One of ordinary skill in the art would recognize the value of the addition of a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry.
Sedberry discloses
a predefined combination fingerprint of blast acoustic parameters ([0077], “an acoustic sensor can sense sound … a blast sensor can detect pressure over time” Examiner notes that a fingerprint of blast acoustic parameters refers to sound characteristics generated by a blast, which can include various metrics such as frequency, amplitude, and time.)
Sotola and Sedberry combined are considered analogous to the claimed invention because they are in the fields of grenade simulators and non-lethal weapons with modular surrogates. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, as disclosed by Sotola, a predefined combination fingerprint of blast acoustic parameters, as disclosed by Sedberry, to provide an acoustic sensor and a blast sensor for a method used to develop a non-lethal weapon with a modular surrogate. One of ordinary skill in the art would recognize the value of the addition of an acoustic sensor and a blast sensor for a method used to develop a non-lethal weapon with a modular surrogate.
In regards to claim 49, Sotola discloses
wherein light effect is selected from a group consisting of light radiant flux (Φ) and radiation intensity (I) of burning fireball ([0008], “a grenade simulation apparatus may include ... a light unit” Examiner notes that a light unit can encompass flux and radiation intensity.).
In regards to claim 50, Sotola does not disclose wherein said safety lever is either (i) permanently affixed to said housing of said grenade or (ii) detachable or releasably attached from the same.
Cook discloses
wherein said safety lever is either (i) permanently affixed to said housing of said grenade or (ii) detachable or releasably attached from the same (column 3, lines 53-55, “object of the present invention is to provide ... a hand grenade having safety and control circuitry”).
Sotola and Cook are considered analogous to the claimed invention because they are in the field of a grenade simulator and a hand grenade. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, as disclosed by Sotola, a safety lever for activating said grenade; a smoke generator (131) and any combination thereof; and smoke effects, and wherein said safety lever is either (i) permanently affixed to said housing of said grenade or (ii) detachable or releasably attached from the same, as disclosed by Cook, to provide a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry. One of ordinary skill in the art would recognize the value of the addition of a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry.
In regards to claim 51, Sotola does not disclose wherein said speaker is configured to detach from said housing of said grenade after said blast.
Cook discloses
wherein said speaker is configured to detach from said housing of said grenade after said blast (column 10, lines 44-45, “The speaker would be located within a previously mined area.” Examiner notes that a mined area is a location where hand grenades have been detonated.).
Sotola and Cook are considered analogous to the claimed invention because they are in the field of a grenade simulator and a hand grenade. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, as disclosed by Sotola, a safety lever for activating said grenade; a smoke generator (131) and any combination thereof; and smoke effects, and wherein said speaker is configured to detach from said housing of said grenade after said blast, as disclosed by Cook, to provide a safety feature, a pulling pin, a smoke generating device, smoke, and a speaker for a hand grenade having safety and control circuitry. One of ordinary skill in the art would recognize the value of the addition of a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry.
In regards to claim 52, Sotola discloses
wherein said processor is configured to provide an explosion profile (fingerprint) simulating hand grenades ([0028], “Processor … may include … a central processing unit”), said hand grenade is selected from the group consisting of fragmentation grenade, smoke grenade ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade” Examiner notes that types of standard grenades include fragmentation grenades and smoke grenades.), illuminating grenade ([0022], “the grenade simulation apparatus may include … LED strips” Examiner notes that an illuminating grenade can use LED strips.), high explosive grenade, anti-tank grenade, sting grenade and stun grenade ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade, flashbang grenade, and impact grenade” Examiner notes that types of standard grenades include high explosive grenades and that flashbang grenades include stun grenades and that impact grenades include anti-tank grenades and sting grenades.) and said explosion profile corresponds to a single, double or multiple ignition grenade ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can measure the profile of an explosion and that grenades can have either single or multiple ignitions.).
In regards to claim 53, Sotola discloses the following limitations with the exception of the underlined limitations.
further comprising a database interconnected with said processor, said database comprising two or more different combinations (fingerprints) of blast acoustic parameters ([0032], “memory … may store … software … including instructions” Examiner notes that memory used to store software/instructions can function as a database.), and optionally also light ([0041], “auditory and visual feedback may be provided using acoustic component … and light component”) and smoke effects;
and a selector interconnected ([0029], “Processor ... may be connected with ... components of device ... a mode select ... component ... may include ... components that are mounted to ... the device”) with said processor (([0028], “Processor … may include … a central processing unit (CPU)”);
wherein said processor is interconnected with signaling modules controlling ([0028], “Processor ... may include ... a digital signal processor” Examiner notes that a digital signal processor includes signaling modules.) said speaker-generated acoustic phenomena ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can have a speaker for audio.) and said light ([0041], “auditory and visual feedback may be provided using acoustic component … and light component”) and/or smoke generated emission;
and wherein said selector is configured to set said blast parameters prior to use ([0029], “a mode select and trigger input component ... and allow for user input to select an operational mode or provide a trigger input”).
Cook discloses
and smoke effects (column 10, lines 33-35, “The smoke would ... exit the device through the protuberance passageways through the shell”);
and/or smoke generated emission (column 10, lines 33-35, “The smoke would ... exit the device through the protuberance passageways through the shell”);
Sotola and Cook are considered analogous to the claimed invention because they are in the field of a grenade simulator and a hand grenade. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, further comprising a database interconnected with two or more different combinations (fingerprints) of blast acoustic parameters, and optionally also light, and a selector interconnected with said processor; wherein said processor is interconnected with signaling modules controlling said speaker-generated acoustic phenomena and said light, and wherein said selector configured to set said blast parameters prior to use, as disclosed by Sotola, a safety lever for activating said grenade; a smoke generator (131) and any combination thereof; and smoke effects, and/or smoke generated emission, as disclosed by Cook, to provide a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry. One of ordinary skill in the art would recognize the value of the addition of a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry.
In regards to claim 54, Sotola discloses
wherein at least one of said signaling module is provided ([0028], “Processor ... may include ... a digital signal processor” Examiner notes that a digital signal processor includes signaling modules.) with a real-time feedback system (200) for obtaining location and blast data, collecting posteriori data, processing said data and resetting said signaling module according to said processed data ([0021], “the present disclosure provides for grenade simulation using a versatile device capable of multiple different modes of operation and multiple different timing, triggering, or feedback schemes for different modes of operation”).
In regards to claim 55, Sotola discloses
wherein said feedback system comprises a sensor (170) interconnected to said processor ([0028], “Processor ... may include ... a central processing unit” Examiner notes that processors have numerous built-in sensors.), a receiving module for receiving input from said sensor ([0037], “the grenade simulation device may receive a mode input”), a data analysis module for analyzing said input ([0009], “an input from the user interface may initiate a timer, and the controller may activate one or more of the light unit or acoustic unit to simulate a detonation upon expiration of the timer” Examiner notes that controllers may include data analysis modules.), and a detonation module for adjusting blast parameters based on real-time feedback (204) ([0009], “the controller may be configured to initiate repetitive detonations until a halt input is received from the user interface” Examiner notes that a controller may include a detonation module.).
In regards to claim 56, Sotola discloses
wherein said feedback system is intercommunicable with one member of a group consisting of GPS ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
cellular tracking modules ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
Bluetooth tracking system ([0035], “the transceiver … and antenna … may be included in … a Bluetooth module”);
RFID-containing tracking system ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
real-time locating systems (RTLS) ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
satellite tracking system ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
including Active radio frequency identification (Active RFID), Active radio frequency identification - infrared hybrid (Active RFID-IR), Infrared (IR), Optical locating, Low-frequency signpost identification, Semi-active radio frequency identification (semi-active RFID), Passive RFID RTLS locating via Steerable Phased, Array Antennae, Radio beacon, Ultrasound Identification (US-ID), Ultrasonic ranging (US-RTLS), Ultra-wideband (UWB), Wideover-narrow band, Wireless Local Area Network (WLAN, Wi-Fi), Bluetooth, Clustering in noisy ambience, Bivalent systems ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”);
simultaneous localization and mapping systems and any combination thereof ([0035], “the transceiver … and antenna … may be included in a Wi-Fi module, a Bluetooth module, or other wireless communication module configured for wireless communications using an established or proprietary protocol”).
In regards to claim 57, Sotola discloses
wherein said acoustical imitation is selected from the group consisting of. amplitude, frequency content, duration, peak pressure, rise time, pitch, sone value and explosion profile ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can measure amplitude, frequency content, duration, peak pressure, rise time, pitch, sone value, and the profile of an explosion.).
In regards to claim 58, Sotola discloses the following limitations with the exception of the underlined limitation.
wherein said grenade comprises at least one first communication module, and is in communication, by means of said module, with at least one second external communication module located in one or more remote locations ([0034], “the transceiver ... may represent a wireless transceiver and may communicate with another wireless transceiver. The transceiver ... may ... include a modem to modulate the packets and provide the modulated packets to the antennas for transmission, and to demodulate packets received from the antennas” Examiner notes that a transceiver inherently contains both transmitting and receiving functions, which collectively act as a communication module.);
and wherein said external modules is in communication with one or more of the following: a light emitter ([0025], “The device may provide a simulated detonation through lighting of LEDs” Examiner notes that a LED is a light-emitting diode.), a smoke generator, a speaker and any combination thereof ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can have a speaker for audio.).
Sotola and Cook are considered analogous to the claimed invention because they are in the field of a grenade simulator and a hand grenade. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a training hand-grenade (100) comprising a housing; within said housing accommodated at least one blast simulator selected from a group consisting of a speaker (120) for generating an acoustical blast imitation (10), one or more light emitters (130); wherein a processor (150), intercommoned with a power supply (140), and said blast simulator, configured to operate said blast simulator in one of two or more preset modes of operation, each of said modes of operation is characterizing a predefined combination fingerprint of blast acoustic parameters, and optionally also light, wherein said grenade comprises at least one first communication module, and is in communication, by means of said module, with at least one second external communication module located in one or more remote locations; and wherein said external modules is in communication with one or more of the following: a light emitter, and a speaker and any combination thereof, as disclosed by Sotola, a safety lever for activating said grenade; a smoke generator (131) and any combination thereof; and smoke effects, as disclosed by Cook, to provide a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry. One of ordinary skill in the art would recognize the value of the addition of a safety feature, a pulling pin, a smoke generating device, and smoke for a hand grenade having safety and control circuitry.
In regards to claim 59, Sotola discloses
wherein said grenade is free of one or more of the following: a light emitter, a smoke generator, a speaker and any combination thereof ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade” Examiner notes that a standard fragmentation grenade is entirely free of a light emitter, a smoke generator, and a speaker.).
In regards to claim 60, Sotola discloses
wherein said grenade, when operated under defined terms, do not activate one or more of the following: a light emitter, a smoke generator, a speaker and any combination thereof ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade” Examiner notes that a standard fragmentation grenade does not activate a light emitter, a smoke generator, or a speaker.).
In regards to claim 61, Sotola discloses
wherein the system comprises one or more of said training grenades operable within at least one first location ([0021], “The present disclosure is generally directed to systems and methods for grenade simulation that allow users to simulate the detonation of two or more different types of grenade”);
and at least one external communication module located in one or more second remote locations ([0025], “a user may trigger the device directly using trigger … or externally through an external trigger connected to external trigger port”).
In regards to claim 62, Sotola discloses
wherein at least one of said grenades located within at least one first location intercommunicates with said ([0021], “The present disclosure is generally directed to systems and methods for grenade simulation that allow users to simulate the detonation of two or more different types of grenade”) at least one external communication module located in one or more second remote locations and with one or more operators located within at least one third remote location ([0025], “a user may trigger the device directly using trigger … or externally through an external trigger connected to external trigger port”).
In regards to claim 63, Sotola discloses
located within at least one location ([0021], “The present disclosure is generally directed to systems and methods for grenade simulation that allow users to simulate the detonation of two or more different types of grenade”);
wherein said grenade further comprises a wireless communicator which intercommunicates with one or more operators located within another location ([0025], “the trigger … may have a wireless connection with a trigger receiver of the grenade simulation apparatus, such as a radio frequency connection (e.g., Wi-Fi, Bluetooth, etc.)”).
In regards to claim 64, Sotola discloses
wherein at least one of said operators is configured with communication means to operate at least one of said grenades ([0027], “Device … may include electronic components for grenade simulation of different types of grenades with configurable delays or other simulated detonation triggers, including … a mode select and trigger input component … vibration feedback … and … transceiver … and antenna”).
Response to Arguments
Applicant's arguments filed April 21, 2026 have been fully considered but are not persuasive. Applicant amended claims 47 and 50-63. Applicant cancelled claim 48. Claims 47 and 49-64 remain pending in the application. With respect to amended claim 47, Applicant argues “While the cited references generally relate to training grenades, they fail, either alone or in combination, to teach or suggest the central novelty of the claimed invention.” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 8, paragraph 1.), “Sotola provides no teaching, suggestion, or motivation for using a processor to generate a sound based on a specific ‘fingerprint’ of an explosion's physical acoustic characteristics.” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 8, paragraph 3.), and “the proposed combination fails because it lacks the core teaching of amended Claim 47” (See RESPONSE TO AMENDMENT, REMARKS, Claim Rejections under 35 U.S.C. § 103, page 9, paragraph 4.). Examiner acknowledges Applicant’s remarks. Regarding claim 47, Sotola discloses a training hand-grenade (100) comprising a housing (101) optionally interconnected with ([0008], “a grenade simulation apparatus may include a housing”); within said housing, accommodated at least one blast simulator selected from a group consisting of a speaker (120) ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can have a speaker for audio.) for generating an acoustical blast imitation (10) ([0006], “a grenade simulation apparatus may include audible … indications of a grenade detonation”), one or more light emitters (130) ([0025], “The device may provide a simulated detonation through lighting of LEDs” Examiner notes that a LED is a light-emitting diode.); a processor (150), interconnected ([0027], “Device … may include … a processor”) with a power supply (140), and said blast simulator, said processor being configured to operate said blast simulator in one of two or more preset modes of operation ([0026], “the grenade simulation apparatus may include a rechargeable power source”); wherein each of said modes of operation is characterized by said processor generating said acoustical blast imitation having ([0030], “Acoustic component ... may provide acoustic feedback during a simulated detonation... acoustic component ... may include a siren ... acoustic component ... may ... provide acoustic feedback to indicate that a particular operational mode has been selected, or that a trigger input has been received”), wherein said blast acoustic parameters are selected from a group consisting of peak pressure, rise time, amplitude, frequency, content, duration, pitch, sone, phon, mel values, and an explosion profile ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can measure amplitude, frequency, content, duration, peak pressure, rise time, pitch, sone, phon, mel, and the profile of an explosion.), Cook discloses a safety lever for activating said grenade (102) (column 7, lines 52-55, “A single safety feature would be … pulling the pin on a commonly available hand grenade. Once the pin is pulled, the lever … is urged away from the device by a spring, and the device begins the function sequence.”); a smoke generator (131) and any combination thereof (column 10, lines 32-33, “a smoke generating device may be installed within the device”); and Sedberry discloses a predefined combination fingerprint of blast acoustic parameters ([0077], “an acoustic sensor can sense sound … a blast sensor can detect pressure over time” Examiner notes that a fingerprint of blast acoustic parameters refers to sound characteristics generated by a blast, which can include various metrics such as frequency, amplitude, and time.).
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during
examination. Under BRI, the words of a claim must be given their plain meaning unless
such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. Applicant’s argument is not persuasive because the BRI is broader than what is argued. Therefore, the rejection of amended claim 47, as obvious over Sotola in view of Cook and Sedberry is maintained. Consequently, the rejections of dependent claims 49-64 are maintained.
With respect to amended claim 51, Applicant argues “the Office Action's reliance on Cook for a ‘speaker’ (rejection of claim 51) is misplaced and demonstrates a teaching away from the claimed invention” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 9, paragraph 3.). Examiner acknowledges Applicant’s remarks. Regarding claim 51, Cook discloses wherein said speaker is configured to detach from said housing of said grenade after said blast (column 10, lines 44-45, “The speaker would be located within a previously mined area.” Examiner notes that a mined area is a location where hand grenades have been detonated.). Cook’s disclosure of an alternative for the speaker does not constitute a teaching away from the claimed invention. “The prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed.” In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004)
With respect to amended claim 52, Applicant argues “The dependent claims are independently patentable” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 10, paragraph 1.). Examiner acknowledges Applicant’s remarks. Regarding claim 52, Sotola discloses wherein said processor is configured to provide an explosion profile (fingerprint) simulating hand grenades ([0028], “Processor … may include … a central processing unit”), said hand grenade is selected from the group consisting of fragmentation grenade, smoke grenade ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade” Examiner notes that types of standard grenades include fragmentation grenades and smoke grenades.), illuminating grenade ([0022], “the grenade simulation apparatus may include … LED strips” Examiner notes that an illuminating grenade can use LED strips.), high explosive grenade, anti-tank grenade, sting grenade and stun grenade ([0007], “a grenade simulation apparatus is provided that allows users to simulate the detonation of a standard grenade, flashbang grenade, and impact grenade” Examiner notes that types of standard grenades include high explosive grenades and that flashbang grenades include stun grenades and that impact grenades include anti-tank grenades and sting grenades.) and said explosion profile corresponds to a single, double or multiple ignition grenade ([0008], “an acoustic unit coupled with the controller and mounted at least partially within the housing to provide audible stimulus” Examiner notes that an acoustic unit can measure the profile of an explosion and that grenades can have either single or multiple ignitions.).
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during
examination. Under BRI, the words of a claim must be given their plain meaning unless
such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. Applicant’s argument is not persuasive because the BRI is broader than what is argued. Therefore, the rejection of amended claim 52, as obvious over Sotola in view of Cook and Sedberry is maintained.
With respect to claims 53, 54, and 55, Applicant argues “The dependent claims are independently patentable” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 10, paragraph 1.). Examiner acknowledges Applicant’s remarks. Claims 53, 54, and 55 are dependent on independent claim 47. Examiner rejects claim 47 under 35 U.S.C. § 103. Consequently, the rejections of claims 53, 54, and 55 are maintained.
With respect to claims 56-62, Applicant argues “The dependent claims are independently patentable” (See RESPONSE TO OFFICE ACTION, REMARKS, Response to claim rejections under 35 U.S.C. § 103, page 10, paragraph 1.). Examiner acknowledges Applicant’s remarks. Claims 56-62 are dependent on independent claim 47. Examiner rejects claim 47 under 35 U.S.C. § 103. Consequently, the rejections of claims 56-62 are maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lisa Antoine whose telephone number is (571)272-4252. The examiner can normally be reached Monday - Thursday 8:30 am - 6:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
LISA H ANTOINE
Examiner
Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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