Prosecution Insights
Last updated: April 19, 2026
Application No. 18/034,599

AMMUNITION CARTRIDGE CASES

Non-Final OA §102§112
Filed
Apr 28, 2023
Examiner
FELTON, AILEEN BAKER
Art Unit
1734
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cesaroni Aerospace Incorporated
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
4y 6m
To Grant
67%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
223 granted / 435 resolved
-13.7% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 6m
Avg Prosecution
51 currently pending
Career history
486
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
63.7%
+23.7% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 435 resolved cases

Office Action

§102 §112
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. Election/Restrictions Applicant's election with traverse of Invention I in the reply is acknowledged. The traversal is on the ground(s) that Applicant asserts that the claims have a special technical feature. This is not found persuasive because the claims do not have a special technical feature as shown by the prior art rejection below. The requirement is still deemed proper and is therefore made FINAL. Claims 81-92 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/5/2025. 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 and 92 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). 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). Claim Rejections - 35 USC § 112 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 70-75 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 72 contains the trademark/trade name Proxima and Lyondell. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph. See Ex parte Simpson , 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a polyolefin and, accordingly, the identification/description is indefinite. Regarding claims 75, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim s 70-75 , the phrase " optionally " renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT AILEEN BAKER FELTON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6875 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday 9-5:30, Thursday 11-3, Friday 9-5:30 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Jonathan Johnson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1177 . 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 and https://www.uspto.gov/patents/docx for information about filing in DOCX format. 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. /AILEEN B FELTON/ Primary Examiner, Art Unit 1734
Read full office action

Prosecution Timeline

Apr 28, 2023
Application Filed
Jan 03, 2024
Response after Non-Final Action
Mar 03, 2025
Response after Non-Final Action
May 01, 2025
Response after Non-Final Action
Dec 15, 2025
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600688
SENSITIZING COMPOSITION FOR ENERGETIC HYDROGEN PEROXIDE EMULSIONS
2y 5m to grant Granted Apr 14, 2026
Patent 12595217
THERMITE BLOCK FOR STORED-DATA DESTRUCTION
2y 5m to grant Granted Apr 07, 2026
Patent 12595174
METHOD FOR PRODUCING THE PENTAZOLATE ANION USING A HYPERVALENT IODINE OXIDANT
2y 5m to grant Granted Apr 07, 2026
Patent 12559443
ENERGY-RELEASING COMPOSITE MATERIAL AND METHOD FOR MANUFACTURING SAME
2y 5m to grant Granted Feb 24, 2026
Patent 12552729
MECHANICALLY-GASSED EMULSION EXPLOSIVES AND METHODS RELATED THERETO
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
51%
Grant Probability
67%
With Interview (+15.5%)
4y 6m
Median Time to Grant
Low
PTA Risk
Based on 435 resolved cases by this examiner. Grant probability derived from career allow rate.

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