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, an embodiment of the projectile wherein the micro-detonator is disposed forward of the penetrator (claim 4) and wherein the penetrator is disposed in the back-end portion of the projectile (claim 8) must be shown or the features canceled from the claims. 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The specification has not disclosed an embodiment of the projectile wherein the micro-detonator is disposed forward of the penetrator as recited in independent claim 4. Neither has the specification disclosed an embodiment wherein the penetrator is disposed in the back-end portion of the projectile. The specification has described element 56 as a firing pin and this element cannot reasonably be interpreted to be a penetrator. The specification has disclosed that both the sleeve 72 and the ogive 54 can be made from hardened steel, tantalum or tungsten carbide, and could potentially be interpreted to form a penetrator component. However, the detonator 42 is positioned to the rear of both the sleeve and the ogive.
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 4-8 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 4, line 5, it is unclear in what sense the detonator can be considered to be “disposed forward of the penetrator”.
In claim 8, lines 1-2, it is unclear in what sense the penetrator can be interpreted to be disposed in the back-end portion of the projectile.
The specification has described element 56 as a firing pin and this element cannot reasonably be interpreted to be a penetrator. The specification has disclosed that both the sleeve 72 and the ogive 54 can be made from hardened steel, tantalum or tungsten carbide, and could potentially be interpreted to form a penetrator component. However, the detonator 42 is positioned to the rear of both the sleeve and the ogive.
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by COFFEY et al. (US 2016/0102030 A1).
Regarding claim 1, Coffey et al. disclose a micro detonator 10 (Figs. 1, 3), comprising: a substrate 12, 64 having a first side and a second side; alternating layers of metal oxide 26 and reducing metal 32 deposited upon the first side of the substrate; and a gradient interface layer (paragraph [0033]; claims 12 and 17) disposed between each layer of reducing metal and each adjacent layer of metal oxide.
Regarding claim 2, Coffey et al. disclose that the substrate 12, 64 is supplied in the form of a rolled brass sheet and is dented inward (paragraphs [0035], [0037], [0041]) when struck by the firing pin.
Regarding claim 3, Coffey et al. do not disclose that the substrate 12 further comprises a pair of electrically conductive portions separated by an electrically insulative portion. However, if a user desired the detonator 10 to be initiated electrically as distinct from percussively (a firing pin), it would have been obvious to a POSITA before the effective filing date of the invention to modify the Coffey et al. detonator 10 with a pair of electrically conductive portions separated by an electrically insulative portion, so as to actuate the detonator by initiating current flow through the thermite.
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