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 .
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.
Claims 60-80 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cesaroni (CA 2570743).
Regarding claims 60, 61, 70-75, Cesaroni discloses the claimed polyolefin polydicylopentadiene (pg. 12, lines 22-32) that is derived from a ring-opening metathesis polymerization of a cyclic olefin (pg. 13, lines 1-15) (dicyclopentadiene) (Cesaroni also used carbon fibers for reinforcement (pg. 11, lines 12-25). Cesaroni discloses that the cartridge case may be manufacture and molded as a continuous part (pg. 8, lines 14-20).
Regarding claims 62-66, 68, and 69, the polydicylopentadiene will possess the claimed strength, toughness, chemical resistance, chemical attributes, glass transition temperature, compressive strength, viscosity since the same claimed polymer and olefin are disclosed.
Regarding claim 67, Cesaroni discloses the Reaction Injection Molded (RIM) material (pg. 12, lines 25-32).
Regarding claims 76-80, Cesaroni also used carbon fibers for reinforcement (pg. 11, lines 12-25). The carbon fiber inherently adds the claimed strength and stiffness since the same material is used.
Regarding claim 92, the cartridge is disclosed by Cesaroni and the claim is a product by process claim. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Applicant argues that the liner disclosed in Cesaroni is somehow limiting to the claimed cartridge case, this is not correct. Cesaroni clearly discloses that the cartridge case may be manufacture and molded as a continuous part (pg. 8, lines 14-20). The continuous molding meets the claim language.
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 AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734
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