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 without traverse of Group IV (claims 25-33 and 43) in the reply filed on 5-27-25 is acknowledged.
Claims 1-24 and 34-42 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5-27-25.
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.
Claim(s) 25, 26, 32, and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ludwig (US 5,551,725). Ludwig (Fig 1) discloses a gas generator device, comprising: a heat-generating composition (24); a gas-generating composition (20) comprising an oxalate salt (c. 7, l. 35; “ammonium oxalate”); and at least one thermally conductive separator (30; i.e. all materials are thermally conductive to at least some degree), wherein the heat-generating composition is proximate to a first surface of the at least one separator and the gas-generating composition is proximate to a second surface of the at least one separator. Igniter (22).
In the alternative, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the material of the separator to be more thermally conductive, since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim(s) 25, 26, 29, 32, 33, and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over (GB 1 388 697), hereinafter (“GB”). GB (Fig 1) discloses a gas generator device, comprising: a heat-generating composition (7); a gas-generating composition (9) comprising an oxalate salt (see pg 2, l. 60-70); and at least one thermally conductive separator (5; i.e. all materials are thermally conductive to at least some degree), wherein the heat-generating composition is proximate to a first surface of the at least one separator and the gas-generating composition is proximate to a second surface of the at least one separator. (See pg 2, l. 115-120 regarding heat generating composition being thermite).
In the alternative, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the material of the separator to be more thermally conductive, since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Allowable Subject Matter
Claims 27, 28, 30, and 31 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 11-25-25 have been fully considered but they are not persuasive. Applicant argues that the examiner’s references do not disclose a thermally conductive separator; the examiner disagrees. All materials are thermally conductive to at least some degree. In the alternative, however, it would have been obvious to one having ordinary skill in the art to modify the material of the separator to be more thermally conductive, since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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, 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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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641
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