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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaw et al., hereafter Shaw, US Patent Publication No. 2020/0363181.
Regarding claim 1, Shaw discloses a countermeasure expendable (flare disclosed in [0032-0033] referring to the prior art as in figures 1A-D and [0035] discloses a flare as a countermeasure), comprising: a canister (flare canister); at least one countermeasure payload (flare) operably engaged inside the canister, the at least one countermeasure payload having a volume of countermeasure material (flare disclosed as a countermeasure in [0035]); a squib (electrically-controlled impulse cartridge in [0032]) operably engaged inside of the canister, wherein the squib is configured to propel the at least one countermeasure payload outside of the canister ([0032]); and at least one time delaying assembly (30) operably engaged with the at least one countermeasure payload ([0032-0033] for example), wherein the time delaying assembly is configured to dispense the volume of countermeasure material from the at least one countermeasure payload at a predetermined time interval (disclosed in [0032-0033] the gages 38 and 40, inter alia, are sequenced to align apertures at predetermined times); wherein the at least one time delaying assembly (30) includes a sequencing igniter device including a base member (shown in figures 1A-D as the central part), a front gate (40), and an opposing rear gate (38), wherein the front gate and the opposing rear gates are operably engaged with the base member in a mirrored-image arrangement (figures 1A-D), and wherein the sequencing igniter device is moveable between a first configuration and a second configuration (shown in figures 1A-D and disclosed in [0032-0033]).
Regarding claim 15, the method steps are rendered obvious by the apparatus of Shaw since such would have been an obvious manner of using the device.
Claim(s) 2 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mulinix, US Patent Publication No. 6,634,301.
Regarding claim 1, Mulinix discloses a countermeasure expendable (flare 500 and disclosure states flare is a known countermeasure), comprising: a canister (511); at least one countermeasure payload (internal payload disclosed in 4:54-5:21) operably engaged inside the canister, the at least one countermeasure payload having a volume of countermeasure material (510); a squib (505) operably engaged inside of the canister, wherein the squib is configured to propel the at least one countermeasure payload outside of the canister (4:54-5:21); and at least one time delaying assembly (10) operably engaged with the at least one countermeasure payload (figure 5), wherein the time delaying assembly is configured to dispense the volume of countermeasure material from the at least one countermeasure payload at a predetermined time interval (4:54-5:21); wherein the at least one time delaying assembly includes a sequencing igniter device (200 broadly, yet reasonably) including a base member (120, 210, 211 inter alia), a front gate, and an opposing rear gate (205s in figure 1 shown to oppose one another about the base member and are broadly, yet reasonably a front and rear gate until clarification of positioning or orientation renders the claim interpretation more narrow), wherein the front gate and the opposing rear gates are operably engaged with the base member in a mirrored-image arrangement (Figures 3A-B), and wherein the sequencing igniter device is moveable between a first configuration and a second configuration (shown in figures 3A-B and 3:11-22).
Regarding claim 15, the method steps are rendered obvious by the apparatus of Mulinix since such would have been an obvious manner of using the device.
Allowable Subject Matter
Claims 2-4 and 16 are objected to as being dependent upon a rejected base claim, but appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The applicant is invited to call the examiner for additional information or interpretations of the claims or prior art. Discussion of proposed amendments to reach allowability is welcomed and encouraged.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 15-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DERRICK R MORGAN whose telephone number is (571)272-6352. The examiner can normally be reached M-F 9:00-6:00.
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 5712726874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK R MORGAN/Primary Examiner, Art Unit 3641
