DETAILED ACTION
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 1-3, 5,6, 9, 13, 15 and 16 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.
In claim 1, the liner, a critical component of the shaped charge, has not been recited.
In claim 15, the limitation, “the liner”, lacks a proper antecedent basis.
Claim Rejections - 35 USC § 103
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.
Claims 1, 5, 6, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over WILSON et al. (US 2024/0280350 A1).
Claim 1, Wilson et al. disclose a shaped charge device comprising a container 101 (Figs. 1-3) having an interior volume to contain a shell 104 and a filler (the liner 109 is being interpreted as the filler), the internal surface of the shell supporting a shape conforming explosive 110; an attenuating body 102 connected to the surface of the container 101; an initiator contact point (inherent that the opening in the apex of the container 101 functions as the initiator contact point) – see at least paragraph [0024]; attenuation body 102 providing reflected shock wave attenuation after detonation of the shape conforming explosive 101, which reflected shock wave inherently adds to the explosive force driving the filler (liner 109) from the container towards a target as a filler jet (jet produced by the liner).
Wilson et al. do not specify the thickness of the attenuating body 102. However, to select a thickness in the range of 0.03” and 2” would have been an obvious thickness to try, the motivation being to test the effect of different thicknesses have on the shock wave attenuation properties.
Regarding claim 5, the Wilson et al. attenuation body 102 comprises a thickness and a material composition (see at least claims 4-12).
Regarding claims 6, the Wilson et al. attenuation body 102 can be formed from at least a plastic or a gel (see claims 5,11, 20 and 26).
Regarding claim 13, Wilson et al. disclose that the attenuation body 102 can be formed from at least a plastic or a gel (see claims 11 and 26).
Regarding claim 16, the thickness of the Wilson et al. attenuation body 102 spatially varies (see at least Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-FORM 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S BERGIN whose telephone number is (571)272-6872. The examiner can normally be reached M-F 9am - 5am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES S BERGIN/Primary Examiner, Art Unit 3641
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