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 of invention II in the reply is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/8/2025.
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 10-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (6143101).
Regarding claims 10-13, Lundstrom discloses heat applied through ignition (col. 2, lines 5-10) to a composition that includes aluminum, nanosized iron oxide (claim 11) (meets claimed nanothermite), and propylene carbonate (see table). The propylene carbonate polymer unzips due to the heat application which meets the limitation of heat near the reaction front since the composition is heated by ignition.
Regarding claim 13, the step of sequential monomer depolymerization is met through the heating step as shown by Applicant’s specification para 0018.
Regarding clam 16, the composition is used as a propellant.
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 10, 12, 14, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tappan (8048242) in view of Lundstrom (6143101).
Regarding claim 10, Tappan discloses nanothermite including copper oxide and aluminum (claim 1 and col1, lines 20-25) with a binder as applied by ink for energetic applications that are exposed to heat by ignition (col.1 lines 60-67 and col. 2, lines 1-20).
Lundstrom teaches that propylene carbonate is a known binder for use with nanothermite compositions (see table). The propylene carbonate polymer unzips due to the heat application which meets the limitation of heat near the reaction front since the composition is heated by ignition.
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 binder as taught by Lundstrom with the ink nanothermite of Tappan since Tappan discloses that it is known to use a binder with nanothermite ink compositions and since Lundstrom teaches that propylene carbonate is a known binder for use with nanothermite.
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 10 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.
Claim 10 recites the limitation "the reaction front”. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the energetic composite”. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
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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/AILEEN B FELTON/Primary Examiner, Art Unit 1734