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 Group I, claims 1-14 in the reply filed on 5/5/25 is acknowledged. The traversal is on the ground(s) that “the claims of Group I are generic to claim 15 of Group II”. This is not found persuasive because the amended claims of Group I have the design of an artillery round having a second sensor configured to detect a second metric, the second metric indicative of set forward of the projectile body; whereas claim 15 of Group II has the design of an artillery round having a second sensor configured to detect a second metric, the second metric indicative of setback of the projectile body. Furthermore, applicant contends that the method of Group [IV] sic can be practiced by the invention of Group I. This is not found persuasive because the method of Group [IV] sic is distinct because the method can be practiced with another materially different product (such as with any of the products claimed in Groups II or III). The requirement is still deemed proper and is therefore made FINAL. Claims 15-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 5/5/25.
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 4 and 12 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 4 recites the limitation "the ignitor". There is insufficient antecedent basis for this limitation in the claim in that an ignitor has not been previously recited in the claims.
Claim 12 recites that “the second sensor is configured to pressure through a side and/or front of the projectile body”; it is not clear how the second sensor can be configured to pressure through a side and/or front of the projectile body. Appropriate correction is required
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4, 7-9, 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rastegar (US Patent Application Publication 2019/0063891). Rastegar discloses an artillery round comprising: a projectile body (40); a delay control system disposed in the projectile body, the control system comprising: a first sensor configured to detect a first metric, the first metric indicative of commencement of firing of the projectile body; a second sensor configured to detect a second metric, the second metric indicative of set forward of the projectile body (par. 0004); and a controller configured to output an activation signal based on the first metric and the second metric (par. 0213).
2. The artillery round of claim 1, wherein the first sensor is selected from the group consisting of an accelerometer, a swing mass sensor, an inertial measurement sensor, and a gyroscope. (par. 0284)
3. The artillery round of claim 1, wherein the second sensor is an accelerometer, an inertial measurement sensor, a pressure sensor, a pressure switch, a setback sensor and an impact sensor. (par. 0284)
4. The artillery round of claim 1, wherein the delay control system is configured to output the activation signal to the ignitor based on the first metric exceeding a threshold criteria and the second metric exceeding a threshold criteria. (par. 0231)
7. The artillery round of claim 1 further comprising: a power source configured to provide power to the delay control system when the artillery round is fired. (Figs.)
8. The artillery round of claim 7, wherein the power source is a generator configured to provide power to the delay control system in response to setback of the artillery round. (Fig. 47)
9. The artillery round of claim 7, wherein the power source is at least one of a primary battery, a generator, a thermal battery, a liquid reserve power source, or a Capacitor. (Fig. 47)
11. The rocket-assisted artillery round of claim 1, wherein the delay control system is disposed in a front portion of the projectile body. (“front” is a relative term and without a point of reference any end can be the “front” portion)
13. The artillery round of claim 1, wherein the delay control system further comprises:
a normally open switch coupled between a power source and an ignitor, the switch operable to change to closed state based on receipt of the activation signal from the controller. (pars. 0230 and 0231)
14. The artillery round of claim 1, wherein the ignition control system further comprises:
memory, storing an algorithm or a lookup table, coupled to a processor of the controller, the processor of the controller configured to calculate a time delay for outputting the activation signal based on the sensed first and second metrics, and the an algorithm or a lookup table. (par. 0232)
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.
Claim(s) 5, 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rastegar as applied to claim 1 above, and further in view of Hardt (US Patent 5,153,370). Rastegar discloses the claimed artillery round but does not expressly disclose the round further comprising a pressure sensor, however Hardt does. Hardt teaches an artillery round comprising:
a pressure sensor (col. 1, lines 35-50) connected to a port open to an aft end (it is noted that the term “aft” is a relative term and without a point of reference any end can be considered an “aft” end) of the artillery round and having an output connected to the delay control system (Figs. 2 and 3), the pressure sensor operable to detect firing or energetics initiation pressure at the aft end of the artillery round; and wherein the controller of the delay control system is further configured to output the activation signal only if firing or energetics initiation pressure is detected by the pressure sensor.
6. Rastegar discloses the artillery round of claim 5 further comprising safety circuitry (pars. 0318-319), the safety circuitry configured to prevent activation based on the output of the activation signal when output of the pressure sensor does not meet a threshold criteria.
10. The artillery round of claim 1, wherein the delay control system is disposed at an aft end (it is noted that the term “aft” is a relative term and without a point of reference any end can be considered an “aft” end) of the projectile body, and wherein the second sensor is configured to detect pressure (col. 1, lines 35-50) through the aft end of the projectile body. (Figs. 2 and 3)
All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable results of utilizing known sensors that are easily obtained and there would have been a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE CLEMENT whose telephone number is (571)272-6884. The examiner can normally be reached M-F 10-6.
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/MICHELLE CLEMENT/Primary Examiner, Art Unit 3641