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 and species 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Claims 4, 7, and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/21/2026.
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, 3, 5, 6, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bondinaux (NO 122959) in view of CN 114247439.
Regarding claims 1, 3, 5, 6, 8, and 10-12, Bondinaux discloses a double based rocket propellant that is made by mixing the following ingredients nitrocellulose, nitroglycerin (0031), cerium additive (meets burning rate modifier (0015), diethylene glycol dinitrate (meets energetic plasticizer and polyhydric alcohol) (0031), propyl adipate (meets inert plasticizer and simple ester) (0034), nitrodiphenylamine (meets stabilizer) (0034), and copper salts such as copper salicylate or copper resorcylate (0034).
The Chinese patent teaches the use of cerium carbonate that is added to a solid propellant as a catalytic material to solve the problem of the regulation of combustion performance (0015, 0022).
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 cerium carbonate as taught by the Chinese patent since the Chinese patent teaches that it is a known additive to include in a solid propellant to aid in regulating the combustion performance and since Bondinaux indicates that known use of a cerium additive to a solid propellant. It is also obvious to use multiple additives that are taught by Bondinaux since Bondinaux teaches that they are known to be used with a rocket propellant that includes nitrocellulose and nitroglycerin (double base).
Response to Arguments
Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
