DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 10 feature of the projectile first end being inserted into the chamber of the cartridge case into the neck portion, but not beyond, must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3, 8 and 10 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.
In claim 3, line 3, the term, “the engagement”, lacks a proper antecedent basis.
In claim 3, lines 3-4, each of “the first chamber portion” and “the second chamber portion” lack a proper antecedent basis.
In claim 8, line 4, the term, “the hollow volume”, lacks a proper antecedent basis.
Claim 10 is infinite because it claims that the first end of the projectile is inserted into the neck portion, “but not beyond”, whereas claim 7, from which claim 10 depends, claims that the first end of the projectile is inserted into the chamber of the cartridge case, “beyond the shoulder section”.
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, 5, 6, 11 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SKOWRON et al. (US 2018/0065183 A1).
Regarding independent claim 1, Skowron et al. disclose a firearm cartridge (Fig. 3), comprising: a projectile (see at least paragraphs [0072], [0098]) ; and a cartridge case (Fig. 3), comprising: a head section 12; a body section 14, adjacent to the head section; a shoulder section 28, adjacent to the body section; and a neck section 30, adjacent to the shoulder section, wherein the cartridge case includes a case wall, the case wall defining a chamber 22 that extends from the head section to the neck section and having at least a first thickness about the body section 14 and a second thickness about the shoulder section 28, wherein the second thickness is less than the first thickness (see at least paragraph [0069]; Fig. 3), and wherein the case wall about the neck section engages with the projectile ([0072], [0098]).
Regarding claim 5, Skowron et al. disclose wherein the case wall has a third thickness about the neck section 30, and wherein the third thickness is less than the first thickness and the second thickness (see at least paragraph [0069]; Fig. 3).
Regarding claim 6, Skowron et al. disclose wherein the case wall is configured to be crimped about the neck section 30 such that a seal separating the chamber from an external environment is formed by the projectile and the case wall (see at least paragraphs [0072], [0098]; Fig. 3).
Regarding independent claim 11, Skowron et al. disclose a firearm cartridge case (Fig. 3), comprising: a head section 12; a body section14, adjacent to the head section; a shoulder section 28, adjacent to the body section; and a neck section 30, adjacent to the shoulder section, wherein the firearm cartridge case includes a case wall, the case wall defining a chamber 22 that extends from the head section 12 to the neck section 30 and having at least a first thickness about the body section 14 and a second thickness about the shoulder section 28, and wherein the second thickness is less than the first thickness (para [0069]; Fig. 3).
Regarding claim 15, Skowron et al. disclose wherein the case wall has a third thickness about the neck section 30, and wherein the third thickness is less than the first thickness and the second thickness (para [0069]; Fig. 3).
Regarding claim 16, Skowron et al. disclose wherein the firearm cartridge is a centerfire cartridge (see Fig. 3).
Regarding claim 17, Skowron et al. disclose a projectile at least partially disposed in the cartridge case (paras [0072], [0098]).
Regarding claim 18, Skowron et al. disclose wherein the shoulder section 28 and the projectile form a hollow volume (when a projectile is inserted into the neck of the Skowron et al. cartridge and crimped therein (paras [0072], [0098]), the hollow volume 22 (i.e., the chamber 22) is formed between the end of the projectile and the head 12.
Claims 1, 5- 9, 11, 15, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BEAL (US 2019/0120601 A1).
Regarding independent claim 1, Beal discloses a firearm cartridge 110 (Fig. 8; para [0046]), comprising: a projectile 82; and a cartridge case 20, comprising: a head section 16; a body section 112, adjacent to the head section 16; a shoulder section, adjacent to the body section 112; and a neck section 24, adjacent to the shoulder section, wherein the cartridge case includes a case wall, the case wall defining a chamber 114 that extends from the head section to the neck section and having at least a first thickness about the body section and a second thickness about the shoulder section, wherein the second thickness is less than the first thickness (Fig. 8; para [0046]), and wherein the case wall about the neck section engages with the projectile 82.
Regarding claim 5, Beal discloses wherein the case wall has a third thickness about the neck section 24, and wherein the third thickness is less than the first thickness and the second thickness (Fig. 8; para [0046]).
Regarding claim 6, Beal discloses that the case wall is configured to be crimped about the neck section 24 (para [0040]) such that a seal separating the chamber 114 from an external environment is formed by the projectile and the case wall (Fig. 8; para [0046]).
Regarding claim 7, Beal discloses wherein the projectile 82 includes a first end and an opposite second end, and wherein the first end is inserted into the chamber 114 of the cartridge case beyond the shoulder section (Fig. 8).
Regarding claim 8, Beal discloses that the chamber 114 is separated into a first chamber portion within the body section 112 and a second chamber portion within the shoulder section by an engagement between the projectile 82 and the case wall (the second chamber is being defined by that section of the chamber 114 that is occupied by the projectile 82), and wherein the engagement is configured to prevent the propellant from entering the second chamber portion from the first chamber portion when an attitude of a firearm in which the firearm cartridge is chambered is adjusted (Fig. 8).
Regarding claim 9, Beal discloses the cartridge 110 (Fig. 8; para [ 0046]) comprising a reduced load that reads on the limitations of this claim.
Regarding independent claim 11, Beal discloses a firearm cartridge case 20 (Fig. 8; para [0046]),, comprising: a head section 16; a body section 112, adjacent to the head section; a shoulder section, adjacent to the body section; and a neck section 16, adjacent to the shoulder section, wherein the firearm cartridge case includes a case wall, the case wall defining a chamber 114 that extends from the head section 16 to the neck section 24 and having at least a first thickness about the body section and a second thickness about the shoulder section, and wherein the second thickness is less than the first thickness (Fig. 8; para [0046]).
Regarding claim 15, Beal discloses that the case wall has a third thickness about the neck section, and wherein the third thickness is less than the first thickness and the second thickness (Fig. 8; para [0046]).
Regarding claim 16, Beal discloses that the firearm cartridge110 is a centerfire cartridge.
Regarding claim 17, Beal discloses a projectile 82 at least partially disposed in the cartridge case (Fig. 8).
Claims 1, 5, 11 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BYRON et al. (WO 2008/090505 A2).
Byron et al. disclose a subsonic rifle cartridge (Figs. 7-10) that reads on claims 1, 5, 11, 15, 16,17 and 18 (see the abstract and paras [0028] and [0029]).
Regarding claim 18, the shoulder section and the projectile form a hollow volume when a projectile is inserted into the neck of the Byron et al. cartridge, the hollow volume the chamber C2 is formed between the end of the projectile and the head.
Claims 1, 5, 7, 9, 11 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Padgett et al. (US 2015/0241183 A1).
Padgett et al. disclose a subsonic rifle cartridge (Fig. 18) that reads on claims 1, 5, 7, 9, 11, 15-18. Regarding claim 18, see the hollow volume shown in Fig. 18 between the rear end of the projectile 50 and the shoulder 604.
Allowable Subject Matter
Claim 19 and 20 are allowed.
Claims 2, 4 and 12-14 are 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.
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-FORM 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S BERGIN whose telephone number is (571)272-6872. The examiner can normally be reached M-F 9am - 5am.
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/JAMES S BERGIN/ Primary Examiner, Art Unit 3641