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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 24 January 2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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.
Claim 26 recites the limitation "the ignition tube opening" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears that this claim should depend from claim 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 16-24 and 30-35 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by French Patent Document FR 2 710 975 A1 by Yves et al (Yves).
Regarding claim 16, Yves disclose a shell (See Figures, clearly illustrated) comprising: a housing (See at least Figures 2a-3b, clearly illustrated); a stabilizing element comprising a stabilizing disk (Elements 3 or 18); and an ignition tube (17); wherein the shell and/or the housing is combustible (See at least Page 7, Lines 14-18, “nitrocellulose”); wherein the shell extends in a longitudinal direction; wherein the housing includes a floor, a cover, and a cleading (See Figures, clearly illustrated); wherein a cavity is formed inside the shell (15/24); wherein the cavity is configured to receive propelling charge (See at least Page 5, Lines 22-35); and wherein the cavity is separated by the stabilizing element at least into a primary subcavity and a secondary subcavity (See at least Figures 2a-3b, understood that the elements illustrated are stacked together as disclosed).
Regarding claim 17, Yves further discloses wherein the cleading or the shell is at least in sections rotationally symmetrical or cylindrical about the longitudinal direction (See Figures, clearly illustrated).
Regarding claim 18, Yves further discloses wherein the stabilizing element is fixed to the cleading (22, “glued”).
Regarding claim 19, Yves further discloses wherein the cleading is formed in multiple pieces, and wherein the cleading includes a bottom cleading and a cover cleading (2, Figures 2a-3b, clearly illustrated).
Regarding claim 20, Yves further discloses wherein the stabilizing element has a mounting area that comprises an outer stabilizing protuberance, for fixing over an area, in relation to the cleading, and wherein the stabilizing element is limited in the transverse direction by the mounting area (See Figures 2a-3b, clearly illustrated).
Regarding claim 21, Yves further discloses wherein the mounting area is formed rotationally symmetrical about the longitudinal direction (See Figures 2a-3b, clearly illustrated).
Regarding claim 22, Yves further discloses wherein the mounting area comprises a protuberance in the longitudinal direction (See Figures 2a-3b, clearly illustrated).
Regarding claim 23, Yves further discloses wherein the mounting area is tubular around the longitudinal direction (See Figures 2a-3b, clearly illustrated).
Regarding claim 24, Yves further discloses wherein the ignition tube extends in the longitudinal direction (17, See at least Figure 2a, clearly illustrated).
Regarding claim 30, Yves further discloses wherein the stabilizing element has a connecting area in a disk area (See Figures 2a-3b, clearly illustrated).
Regarding claim 31, Yves further discloses wherein the connecting area is flat (See Figures 2a-3b, clearly illustrated).
Regarding claim 32, Yves further discloses wherein the connecting area mechanically connects the central region to the mounting area (See Figures 2a-3b, clearly illustrated).
Regarding claim 33, Yves further discloses wherein the connecting area is formed in the transverse direction between the central region and the mounting area (See Figures 2a-3b, clearly illustrated).
Regarding claim 34, Yves further discloses an artillery charge comprising a shell according to claim 16, wherein there is propelling change in the primary subcavity and the secondary subcavity (See Figures 2a-3b, clearly illustrated).
Regarding claim 35, Yves further discloses wherein the propelling charge comprises a pourable propelling charge (See at least Page 5, “powder”).
Claim(s) 16 and 25-29 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by German Patent Document DE 10 2007 033 832 A1 by Schulze (Schulze).
Regarding claim 16, Schulze disclose a shell (1) comprising: a housing (4, 5, 6, 9); a stabilizing element comprising a stabilizing disk (See at least Figure 1, clearly illustrated); and an ignition tube (12); wherein the shell and/or the housing is combustible (See at least Paragraph 26); wherein the shell extends in a longitudinal direction; wherein the housing includes a floor, a cover, and a cleading; wherein a cavity is formed inside the shell; wherein the cavity is configured to receive propelling charge; and wherein the cavity is separated by the stabilizing element at least into a primary subcavity and a secondary subcavity (See at least Figure 1, all aspects clearly illustrated).
Regarding claim 25, Schulze further discloses wherein the stabilizing element has an ignition tube opening, and wherein the ignition tube extends through the ignition tube opening (See at least Figure 1, clearly illustrated).
Regarding claim 26, Schulze further discloses wherein the ignition tube opening includes a central region, in particular in the form of an internal stabilizing protuberance (See at least Figure 1, clearly illustrated).
Regarding claim 27, Schulze further discloses wherein the ignition tube rests against the central region in a planar manner (See at least Figure 1, clearly illustrated).
Regarding claim 28, Schulze further discloses wherein the central region and/or the ignition tube opening is/are rotationally symmetrical about the longitudinal direction (See at least Figure 1, clearly illustrated).
Regarding claim 29, Schulze further discloses wherein the central region is tubular around the longitudinal direction (See at least Figure 1, clearly illustrated).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 Form for a listing of applicable prior art references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C WEBER whose telephone number is (571)270-5377. The examiner can normally be reached M-F 8AM-5PM EST.
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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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/Jonathan C Weber/Primary Examiner,
Art Unit 3641
JONATHAN C. WEBER
Primary Examiner
Art Unit 3641