DETAILED ACTION
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 1-14 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 1, line 7, “the forward ogive portion”, lacks a proper antecedent basis.
In claim 1, lines 10-13, the following limitations are not understood: “the jacket comprising: a midline extending longitudinally at the middle of the radial thickness of the jacket to an endpoint where the radial thickness changes substantially or the jacket terminates”. It is unclear what defines the midline of the jacket? Is the midline of the jacket coincident with the central axis of the bullet?
In claim 1, lines 19-21, the following limitations are not understood: “wherein the midline of the jacket defines the inward curl of the end portion by rotating radially inward from a departure orientation at a starting point of the end portion to a terminal orientation at an ending point of the end portion, the terminal orientation being arranged at a curl angle w of at least about 0 degrees measured radially inwardly relative to the central axis”? It remains unclear what defines the midline of the jacket? Is the midline of the jacket coincident with the central axis of the bullet?
In claims 4 and 5, the term, “the midline of the jacket”, remains unclear.
In claim 9, line 1, “the deformable material”, lacks a proper antecedent basis.
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 1-20 are rejected under 35 U.S.C. 103 as being obvious over Frees et al. (US 2022/0412704 A1).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claims 1-6, 9, 10, 15-19, Frees et al. disclose a hollow point bullet 4 (Figs. 1A, 2A, 2B, 3, 4, 7 and 8), the bullet comprising a core 39, a cavity 50 in a forward portion of the core, the cavity 50 may be filled with a deformable plug or polymeric material (paras [0072], [0133]); a jacket 38 comprising a rear cup portion, the jacket extending forwardly along the outer surface of the core, the end portions of the jacket curling about the opening 49 and into the cavity 50 (Figs. 3, 4); and a plurality of skives 48 in the ogive portion of the jacket 38. Frees et al disclose that the forward end cavity 50 may be differently shaped (para [0135]). The curved end portions of the jacket 38 retain the jacket on the core (Fig. 3). The degree of curvature of the end portions of the jacket is a variable that effects jacket retention on the core. The greater the inward curvature of the jacket end portions, the stronger the jacket retention. It would have been obvious to a POSITA before the effective filing date of the invention, to select any appropriate degree of curvature for the end portions of the jacket to arrive at a desired jacket retention on the core, the degree of curvature comprising a results effecting variable.
Regarding claim 7, Frees et al. disclose the shear groove 55 (Figs. 2a, 3).
Regarding claim 8, Frees et al. disclose that the end portions of the jacket partially defines the cavity 50 (Figs. 3, 4).
Regarding claims 11 and 20, Frees et al. do not disclose a double walled region of the jacket. It would have been obvious to a POSITA before the effective filing date of the invention, to select a double walled region of the jacket at the curved end portions, so as to further strengthen the attachment of the jacket to the core and to prevent premature stripping of the jacket off the core at impact.
Regarding claim 12, Frees et al. disclose that the jacket does not fully enclose the core 39 (Figs. 3, 4).
Regarding claims 13 and 14, Frees et al. disclose that the core material may be swaged into the cup 73 of jacket material (para [00134]; Fig 16), but does not suggest partial bonding or bonding only rearward of the skives. The examiner takes official notice that partial bonding of a jacket to a core was well known in the prior art, the partial bonding enabling a variable degree of stripping of the jacket and deformation of the core at impact. It would therefore have been obvious to a POSITA before the effective filing date of the invention, to select a degree of partial bonding of the jacket to the core, so as to achieve a desired stripping of the jacket and deformation of the core at impact, the partial bonding being a result effecting variable.
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