DETAILED ACTION
Claim Objections
Claims 1 and 5 are objected to because of the following informalities: In claim 1, line 1, and in claim 5, line 2, it is suggested, “made from polymer”, be replaced with “made from a polymer”, to enhance the claim language. Appropriate correction is required.
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 2-4 and 6-8 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 2-4 and 6-8, the antecedent basis for each instance of, “the primer”, should be corrected by replacement with, “the thermite primer”.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Coffey et al. (US 2016/0102030 A1) in view of Burrow et al. (US 2020/0011645 A1).
Regarding claims 1 and 2, Coffey et al. disclose a firearm cartridge 46 (Fig. 6), the cartridge comprising a casing 44 (Fig. 6) for ammunition 46 (Fig. 6), the casing having a front end, a back end, and a hollow interior containing a smokeless powder propellant 48, the casing comprising a thermite primer 10 (Figs. 1-3 & 6) secured at the back end of the casing 44. Coffey et al. disclose the known use of energetic materials such as thermite
Coffey et al. do not disclose that the casing 44 is made from a polymer, or fact, what the casing 44 is made from.
Burrow et al. discloses polymer ammunition comprising a polymer casing 72 (Fig. 13; paragraph [0059]), the polymer material of the casing being overmolded over the primer insert 10 (producing a primer retention structure), whereby the primer is secured to the casing.
In in view of Burrow et al., it would have been obvious to a POSITA before the effective filing date of the invention, to use a polymer as the Coffey et al. casing material and to overmold the Coffey et al. primer 10 with the polymer material producing a primer retention structure, thereby securing the primer to the casing. Using a polymer as the material for the casing would beneficially reduce the weight of the cartridge 46 thereby enabling more ammunition to be carried by a soldier.
Regarding claim 3, Coffey et al. as modified above by Burrow et al. reads on the claimed limitations as follows: primer 10 (Figs. 1-3 and 6) is generally planar, having a front surface 18 defining a front surface area upon which thermite 14 has been deposited, a rear surface 20 defining a rear surface area, and an edge (beveled outer edge 22) extending between the front surface 18 and the rear surface 20, the front surface area being larger than the rear surface area, the edge (beveled outer edge 22) having a stepped (Fig. 2 – stepped configuration at shelf 24) or angled configuration between the front surface and the rear surface; and the back end of the casing 44 (Fig. 6) defines a rear retention ledge (protrusion 54) engaging the stepped (shelf 24 – Figs. 2 and 6)or angled edge of the primer 10 and a forward retention ledge (unnumbered in Fig. 6 – the protrusion defining the opening of the flash hole 56) engaging the front surface 18 of the primer 10 (Fig. 6).
Regarding claim 4, Coffey et al. as modified above by Burrow et al. reads on the claimed limitations as follows: the Coffey et al. primer 10 includes a retention ring (at shelf 24 – Figs 2 and 6), the retention ring securing the primer 10 to the casing 44.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Coffey et al. (US 2016/0102030 A1) in view of Burrow et al. (US 2020/0011645 A1), as presented above with regard to claims 1 and 2, and further in view of Coffey et al. (US 2020/0232772 A1).
Regarding claim 5, Coffey et al. ‘030 disclose the propellant 48 in the hollow interior of the casing 44, the propellant 48 comprising smokeless powder (paragraph [0041), but do not specifically disclose the use of a thermite propellent as the propellent of the cartridge 46.
However, Coffey et al. ‘772 disclose the use of a thermite propellant 18 (Figs. 3-6) as a propellant in an ammunition cartridge (Fig. 6), the thermite propellent producing a desired burn rate resulting in a desired pressure curve (paragraphs [0060] & [0077]).
In view of Coffey et al. ‘772, it would have been obvious to a POSITA before the effective filing date of the invention to use a thermite propellant as the propellant in the Coffey et al. ‘030 ammunition cartridge, the motivation being to produce a desired burn rate resulting in a desired pressure curve.
Regarding claim 6, see the section above for claims 1 and 2.
In view of Burrow et al., it would have been obvious to a POSITA before the effective filing date of the invention, to use a polymer as the Coffey et al. ‘030 casing material and to overmold the Coffey et al. ‘030 primer 10 with the polymer material to producing a primer retention structure, thereby securing the primer to the casing. Using a polymer as the material for the casing would beneficially reduce the weight of the cartridge 46 thereby enabling more ammunition to be carried by a soldier.
Regarding 7, Coffey et al. as modified above by Burrow et al. reads on the claimed limitations as follows: primer 10 (Figs. 1-3 and 6) is generally planar, having a front surface 18 defining a front surface area upon which thermite 14 has been deposited, a rear surface 20 defining a rear surface area, and an edge (beveled outer edge 22) extending between the front surface 18 and the rear surface 20, the front surface area being larger than the rear surface area, the edge (beveled outer edge 22) having a stepped (Fig. 2 – stepped configuration at shelf 24) or angled configuration between the front surface and the rear surface; and the back end of the casing 44 (Fig. 6) defines a rear retention ledge (protrusion 54) engaging the stepped (shelf 24 – Figs. 2 and 6)or angled edge of the primer 10 and a forward retention ledge (unnumbered in Fig. 6 – the protrusion defining the opening of the flash hole 56) engaging the front surface 18 of the primer 10 (Fig. 6).
Regarding claim 8, Coffey et al. as modified above by Burrow et al. reads on the claimed limitations as follows: the Coffey et al. primer 10 includes a retention ring (at shelf 24 – Figs 2 and 6), the retention ring securing the primer 10 to the casing 44.
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
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