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 1-9 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, lines 6-7, recites: “…a primer head movable between an open condition and a sealed condition sealing off the proximal end of the body…”.
However, claim 1 fails to recite the necessary structure that is required to enable the primer head to engage and seal with the internal body threading of the proximal end of the body.
The missing necessary structure is external head threading on the primer head that engages with the internal body threading of the proximal end of the body. Without this structure being recited, it is unclear how the primer head, as disclosed, can seal with the threaded proximal end of the body.
In claim 3, line 3, the term, “the external head threading”, lacks a proper antecedent basis.
In claim 4, line 3, the term, “the central opening”, lacks a proper antecedent basis. Note that in line 2, a “central hole” has been recited which is likely intended to be the same structure.
Claims 1 and 3-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the primer head provides external head threading that engages the internal body threading for moving between the open condition and the sealed condition.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: most notably the feature of the proximal end of the body (casing 10) has internal body threading 15; a primer head 16 movable between an open condition and a sealed condition sealing off the proximal end of the body (casing 10), the primer head provides external head threading that engages the internal body threading for moving between the open condition and the sealed condition, wherein the primer head 16 defines a primer chamber for refillably housing a primer propellent; and a push cap 14 operatively associable with the distal end of the body, wherein the push cap defines a concavity for seating the muzzle loaded throwline projectile.
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