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
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 8/5/2026.
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, and 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (4798051).
Regarding claims 1, 3, 5-11, Foote discloses a solid propellant with a shape memory material embedded within (see fig. and col. 2, lines 50-65). The shape memory material is Nitonal metal alloy. The shape memory rod or tube is coupled to an electrical heating actuator (see fig element 33) which causes the Nitonal to change shape (col. 4, lines 20-50. The electrical heating actuator can have two parameters such as turning on and turning off. Electrical igniters inherently have current, voltage, amplitude, and duration.
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 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable as applied above and further in view of Terry (20170240484).
Foote does not discloses the propellant composition but discloses that the solid propellant can be any that are commonly used in a solid propellant motor (col. 3, lines 1-10).
Terry discloses that a common solid rocket propellant includes ammonium perchlorate and HTPB (0003 and 0041).
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 solid rocket propellant as disclosed by Terry in the device of Foote since Terry suggests that ammonium perchlorate/HTPB is a commonly used propellant and since Foote indicates that any commonly used rocket propellants can be used as the solid propellant.
It is also an obvious matter of design choice to change the shape of from rod or tube to spring since Applicant has not disclosed that this shape solves any stated problem or is for an particular purpose and it appears that the inventions would perform equally well with the shape disclosed by the prior art.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734
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