DETAILED ACTION
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 . This action is in response to Application #19/102,514 filed on 10 February 2025.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 2,444,910 issued to Barker.
Regarding Claims 1, 14-15, Barker discloses a weapon system comprising a kit of parts for a modular muzzle brake assembly (fig.1) comprising:
a plurality of modules configured to be releasably coupled together (fig.1, claim 1) to define a passage for a projectile (fig.2) such that,
when the artillery weapon or cannon is fired, propellant gas urges the projectile to pass through the passage (at least column 3 lines 45-49), and
wherein the plurality of modules include a plurality of baffles configured to divert at least a portion of the propellant gas in the passage (baffles 28, 34).
Regarding Claims 2-3, 5, 16, Barker discloses a plurality of coupling members (48/52 couple the baffles to the rods) that are elongate members (18/19/58) comprising a tie rod (18/19).
Regarding Claim 4, Barker discloses one or more baffles comprises a receiving portion configured to receive part of the coupling member (col. 3 lines 69-74, see figures, baffle holes 38/39 and holes 30 in baffle 28).
Regarding Claims 6-7, Barker discloses a gap is provided between at least two baffles (see figs. 1, 3, spaces between 34, column 4 lines 22-34), and comprising one or more spacers (40/42, column 2 lines 39-43).
Regarding Claim 8, Barker discloses first and second baffle members (28 and 34 are two different baffle members. Member 37 is a third varying baffle member. Also each of baffles 34 may be considered first, second, third, etc.. baffle members).
Regarding Claim 9, Barker discloses a space is disposed between first and second baffle members (see fig.2 between 28 and 34 where 33 is located, the space therein).
Regarding Claim 10, Barker discloses at least two of the baffles are interchangeable within the muzzle brake assembly (baffles 34 are interchangeable).
Regarding Claim 11, Barker discloses at least one of the baffles is configured to divert the propellant gas in a different manner to another one of the baffles (28 is different than 34 and is different than 37, further, see col. 3 lines 35-55).
Regarding Claim 12, Barker discloses the length of the passage is adjustable by altering the number of modules (at least col.3 lines 70-75, col. 4 lines 35-52).
Regarding Claim 13, Barker discloses a mounting portion to a gun tube (at least column 1 lines 40-45).
Regarding Claim 17, Barker discloses the plurality of coupling members are configured to be disposed about a central axis of the passage (see figs. 2 and 4, 18/19 and corresponding baffle holes 38/39 and holes 30 in baffle 28).
Regarding Claim 18, Barker discloses the plurality of modules includes the one or more spacers (see figs. 1 and 2, 40/42/44/46).
Regarding Claim 19, Barker discloses wherein the first and second baffle members are baffle plates (see multiple plates 34).
Regarding Claim 20, Barker discloses a modular muzzle brake assembly (fig.1) comprising:
a plurality of modules configured to be releasably coupled together (fig.1, claim 1) to define a passage for a projectile (fig.2) such that,
when the artillery weapon or cannon is fired, propellant gas urges the projectile to pass through the passage (at least column 3 lines 45-49), and
wherein the plurality of modules include a plurality of baffles configured to divert at least a portion of the propellant gas in the passage (baffles 28, 34);
at least one coupling member to couple the modules together, the modules being releasable from the at least one coupling member (see figures, member 18/19);
a mounting portion to a gun tube (at least column 1 lines 40-45);
wherein one or more of the baffles comprises a receiving portion configured to receive part of the coupling member (38/39);
wherein a gap is provided between at least two baffles (see figs. 1, 3, spaces between 34, column 4 lines 22-34),
wherein at least one of the baffles comprises first and second baffle members, and a space is disposed between the first and second baffle members so as to provide the at least one baffle with a hollow structure (see figs. 1 and 3);
wherein the length of the passage is adjustable by altering the number of modules (at least col.3 lines 70-75, col. 4 lines 35-52);
wherein at least two of the baffles are interchangeable within the muzzle brake assembly (baffles 34 are interchangeable, further see col. 3 lines 71-75); and
wherein diversion of the propellant gas along the passage is adjustable by altering a baffle type of one or more of the baffles relative to one or more other of the baffles (28 is different than 34 and is different than 37; further see at least col. 2 line 45 – col. 3 line 50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892 for pertinent art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D COOPER whose telephone number is (571)270-3998. The examiner can normally be reached M-F: 7:30 - 4:30 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TROY CHAMBERS can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN COOPER/Primary Examiner, Art Unit 3641