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
Claims 13, 14, and 17-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/2/2025.
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 1-3, 6-12, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bognar (20170001700).
Regarding claims 1, 10, 12, Wagner discloses a hydrogen generator which includes an igniter, thermite (meets pyrotechnic material), and lithium hydride material (meets gas generating composition). The pyrotechnic material is enclosed in a housing (meets self-contained article) which can include multiple layers (meets protective layer) and be metal or ceramic. See 0045-0048. The lithium hydride material (meets gas generating composition) is contained in the device as element 102 (see fig. 1B) which is proximate to the pyrotechnic material is enclosed in a housing (meets self-contained article).
Regarding claim 2, the phrase “composition byproducts remain substantially in the same location” is a method limitation for the operation of the claimed device and does not limit the structure.
Regarding claim 3, fig 1B shows a structure that holds the pyrotechnic composition.
Regarding claim 6, fig 1B shows a structure that separates the gas generating composition and the pyrotechnic composition.
Regarding claims 7-9, the protective layer (fig. 1B-element 110-112 and para. 0047) details are method limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation (i.e. “adapted for”, “configured to”, etc.). These clauses are essentially method limitations or statements of intended or desired use and do not serve to patentably distinguish the claimed structure over that of the reference. See In re Pearson, 181 USPQ 641; In re Yanush, 177 USPQ 705; In re Finsterwalder, 168 USPQ 530; In re Casey, 512 USPQ 235; In re Otto, 136 USPQ 458; Ex parte Masham, 2 USPQ 2nd 1647.
Regarding claim 11, the thermite material is a metal oxide and powdered aluminum (0024).
Regarding claim 15 the ignition section meets the requirement that there are two self-contained articles see figure 1B.
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 4, 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bognar as applied above and further in view of Schroeder (5668345).
Regarding claims 4 and 5, Schroeder discloses a gas generating device that uses mesh to support the thermite (col. 4, lines 40-55) (same as the claimed pyrotechnic composition) and further indicates that the thermite composition can include a binding agent (col. 3, lines 45-55).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the mash as taught by Schroeder with the device of Bognar since Schroeder discloses that it is known to use a mesh material to support a thermite composition. The thermite composition is the same as the claimed pyrotechnic composition in the instant claims. Further Bognar shows that the thermite composition is supported by the container in figure 1B. Thus, it is clear that a support means is required.
Regarding claim 16 it is obvious to have duplicate layers. The duplication of parts is obvious in the instant claims. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) where the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Conclusion
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734