DETAILED ACTION
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FACCIANO et al. (US 2015/0284080 A1).
Regarding claim 1, Facciano et al. disclose a projectile (Figs. 4A, 5A, 5B) for delivering supplies, comprising: a projectile body 52; a cavity 82 disposed within the projectile body; an access component 86, 88 (Fig. 4A – para [0051]) disposed on the projectile body, the access component providing access to the cavity; an electronics component 96 with a processor; at least one impact attenuation system (air bags 99 - Fig. 5B) configured to be deployed by the processor upon meeting a deployment condition (paras [0057], [0058], [0059]).
Regarding claim 2, Facciano et al. disclose the deployment condition comprises falling at or below a predetermined altitude (para [0058]).
Regarding claims 3 and 4, Facciano et al. disclose at least one impact attenuation system (air bags 99 - Fig. 5B – filled with an expandable gas or foam) comprising at least one bag configured to fill with a substance upon deployment (paras [0057], [0058], [0059]).
Regarding claim 5, Facciano et al. disclose the air bags 99 that comprise an asymmetrical shape in Fig. 5B.
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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over FACCIANO et al. (US 2015/0284080 A1).
Facciano et al. disclose a projectile (Figs. 4A, 5A, 5B) for delivering supplies as discussed above with regard to claims 1-5.
Regarding claim 6, Facciano et al. do not disclose the color of the airbags.
Facciano et al. discloses that the container is a special forces replenishment vehicle (abstract; para [0003]) for dropping supplies to troops in the field.
It would have been obvious to a POSITA before the effective filing date of the invention, to match the color of the Facciano et al. container to the external terrain and thereby reduce the possibility of enemy troops discovering it before the intended special forces recipients.
Regarding claim 7, Facciano et al. do not disclose that the projectile comprises a 40mm projectile. However, 40mm projectiles and launch systems have been used by the military for generations. It would have been obvious to a POSITA before the effective filing date of the invention, to modify a 40mm projectile with the appropriately sized components of the Facciano et al. container, and thereby utilize the ubiquitous 40mm deployment systems.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over FACCIANO et al. (US 2015/0284080 A1) in view of DIEHL BGT DEFENCE GMBH (DE 10 2009 023 388 A1).
Facciano et al. disclose a projectile (Figs. 4A, 5A, 5B) for delivering supplies as discussed above with regard to claim 1.
Facciano et al. do not disclose at least one arm disposed within the projectile body, wherein the at least one arm causes the projectile body to stand upon deployment.
DIEHL BGT DEFENCE disclose a projectile (reconnaissance projectile; Abstract; Fig. 1) and teaches at least one arm (support elements 4; Fig. 1) disposed within the projectile body (housing 1; Para. [0027]; Fig. 1), wherein the at least one arm causes the projectile body to stand upon deployment (Para. [0028]; Figs. 2 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to include in the projectile of Facciano et al. at least one arm as taught by DIEHL BGT DEFENCE, in order to position and stabilize the container on the ground and enhance the ability of the troops to remove its contents in a rapid manner before being seen by the enemy.
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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