DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the igniter recited in independent claims 1, 16 and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10 and 20 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 claims 10 and 20, are indefinite because it is unclear whether the claims requires that the range extension device is configured to enable further second region devices to be added inside the payload cavity, or whether this is an optional feature.
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, 2, 4, 6-16, 19 and 20, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by POONGSAN CORP [KR] (KR 101584488 B1); hereinafter, POONGSAN.
Regarding claim 1, Poongsan discloses a range extension device 30 (Figs. 1-4), capable in use of being reversibly engaged to a body of an artillery carrier shell 10, said shell 10 comprising a payload cavity (Figs. 1-3), said range extension device 30 comprising: an internal cavity comprising at least one energetic material charge 32, 36 (Fig. 3); an igniter 34; a first region 35 (Fig. 1) with an aperture which faces rearwardly; and a second region 31 with a closed end, wherein the second region 31 is configured to extend into the payload cavity of the carrier shell (Figs. 1, 2).
Regarding claim 2, Poongsan discloses that the range extension device 30 is a rocket assist.
Regarding claim 4, Poongsan discloses that the range extension device 30 reversible engagement comprises co-operative threads with the shell body (Fig. 4).
Regarding claim 6, Poongsan discloses that an outer diameter of the second region 31 is less than the outer diameter of the first region 35 (Figs 1, 4).
Regarding claim 7, Poongsan discloses wherein the internal cavity of the range extension device 30 is uniform along a length of the device (Fig. 1).
Regarding claim 8, Poongsan discloses the recited arrangement (Fig. 1).
Regarding claim 9, Poongsan discloses the recited spacer (Fig. 1).
Regarding claim 10, Poongsan’s range extension device is modular arrangement such that further second region devices could conceivably be added inside the payload cavity to increase the amount of energetic material for the range extension device (Figs. 1, 2 4).
Regarding claim 11, Poongsan discloses the recited components of the rocket assisted artillery shell (Fig. 1).
Regarding claim 12, Poongsan discloses the recited relationship (Figs. 1 and 4).
Regarding claim 13, Poongsan discloses the recited engineering fit (Figs. 1, 3 and 4).
Regarding claim 14, Poongsan inherently discloses the recited modular payload (Figs. 1, 3).
Regarding claim 15, Poongsan discloses the recited arrangement (Fig. 1).
Regarding claim 16, Poongsan discloses a range extension device 30 (Figs. 1-4), capable in use of being reversibly engaged to a body of an artillery carrier shell 10, said shell 10 comprising a payload cavity (Figs. 1-3), said range extension device 20 comprising: an internal cavity comprising at least one energetic material charge 32, 36 (Fig. 3); an igniter 34; a first region 35 (Fig. 1) with an aperture which faces rearwardly; and a second region 31 with a closed end, wherein the second region is configured to extend into the payload cavity of the carrier shell; wherein an outer diameter of the second region 31 is less than an outer diameter of the first region 35; wherein the internal cavity of the range extension device is uniform along a length of the device; and wherein the range extension device is a rocket assist.
Regarding claim 19, Poongsan discloses a range extension device 30 (Figs. 1-4), capable in use of being reversibly engaged to a body of an artillery carrier shell 10, said shell comprising a payload cavity (Figs. 1-3), said range extension device 30 comprising: an internal cavity comprising at least one energetic material charge 32, 36 (Fig. 3); an igniter 34; a first region 35 (Fig. 1) with an aperture which faces rearwardly; and a second region 31 with a closed end, wherein the second region is configured to extend into the payload cavity of the carrier shell, and wherein the second region 31 extends into the payload cavity in the range of from 5 to 40% of a length of the payload cavity (Figs. 1, 3), the length being the length of the payload cavity when the payload cavity is empty; wherein an outer diameter of the second region 31 is less than an outer diameter of the first region 35; wherein the internal cavity of the range extension device is uniform along a length of the device; and wherein the range extension device is a rocket assist.
Regarding claim 20, the range extension device of Poongsan is modular (Fig. 2), such that further second region devices could conceivably be added inside the payload cavity to increase the amount of energetic material for the range extension device.
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 3, 5, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over POONGSAN CORP [KR] (KR 101584488 B1); hereinafter, POONGSAN.
Regarding claims 3 and 17, Poongsan does not appear to specifically disclose that the body of the range extension device is manufactured from steel, titanium, fiber reinforced composite or aluminum alloy. However, to manufacture the body of the range extension device from any of the recited materials would have been obvious to a POSITA before the effective filing date of the invention. The motivation to do so would have been because all or the recited materials are commonly used in the manufacture of ammunition shell components because of their durability, workability and ready availability in the ammunition manufacturing arts.
Regarding claims 5 and 18, Poongsan does not appear to disclose a co-operative thread on the range extension device located on the first region 35 but shows a co-operative thread on the second region 31 (Fig. 4). However, it would have been obvious to a POSITA before the effective filing date of the invention to additionally, or in the alternative, provide a co-operative thread portion on the first region 35 of Poongsan range extension device, to thereby enhance the securement of the range extension device to the shell body.
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