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 § 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 21-40 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. Claim 21 recites “a proximal side” and a “distal side.” Proximal/distal to the projectile opening to the projectile opening, or to the nose joint? It is unclear. For purposes of examination, “the proximal side” will be interpreted as proximal the nose joint.
Claims 23 and 25 both recite the first and second angles being less than 90 degrees, but relative to what? It is unclear.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burrow (US 8,561,543), provided by applicant. Burrow (Fig 1) discloses a medium caliber polymer-based ammunition cartridge, comprising: an insert (32) having a top surface and a bottom surface, a coupling element (30) extending from the top surface, a primer pocket (38) formed through the bottom surface, and a flash hole (at 40) in fluid communication with the primer pocket and extending through the top surface; a polymer body (28) engaged to the insert forming an internal propellant chamber, wherein a first end of the polymer body is molded about the coupling element (Fig 1) and into the flash hole and wherein a second end, opposite the first end, forms a nose joint (for 18); a polymer nose (18) engaged to the nose joint of the polymer body, the polymer nose having a shoulder (24) transitioning into a projectile opening, and an internal annular ridge (see internal top of nose opening; “[d]rawings and pictures can anticipate claims if they clearly show the structure which is claimed.” MPEP 2125) having a proximal side and a distal side connected by a flat surface, wherein the annular ridge is configured to engage a cannelure defined in an outer surface of a projectile configured to be loaded into the projectile opening.
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.
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burrow (US 8,561,543) in view of Wiley et al. (2005/0005807), hereinafter (“Wiley”), and provided by applicant. Burrow discloses the claimed invention with the exception of the proximal side of the annular ridge being slanted defining a second angle. Wiley (Fig 6) teaches a cartridge case having an internal annular ridge (75) wherein the proximal side has a slanted side (Fig 7, 75b) to hold in the bullet (c. 6, l. 9-15). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the proximal side of the annular ridge to be slanted for the obvious advantages of the slanted side of the ridge taught by Wiley. All claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to a skilled artisan at the time the invention was made.
Allowable Subject Matter
Claims 24-40 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641