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 .
Election/Restrictions
Applicant’s election is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/11/2026.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wanninger (20070277694) in view of Posson (6427599).
Regarding claims 1-5 and 7-10, Wanninger discloses a propellant charge in casing that includes pulp, nitrocellulose (0021) and trioxides of tungsten or molybdenum (0006) from 2-15 % (0012) and size 1-10 micron (0015). The concentration % will be the same since the same claimed amount is used.
Posson teaches a pyrotechnic composition that includes addition of a cationic surfactant that includes polyamines from .01-3 %. The surfactant is used for the added benefit of reducing the agglomeration of individual particles of fuel/additive/oxidizer during processing (col. 19, lines 65-68 and col. 20, lines 1-30).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the surfactant as taught by Posson with the composition of Wanninger since Posson teaches the use of such a surfactant with a pyrotechnic composition for the added benefit of reducing the agglomeration of individual particles of fuel/additive/oxidizer during processing.
Regarding claim 6, the size of the charge casing (sleeve) and wall thickness is an obvious design choice to vary based on the type of gun being used. It is obvious to vary the parameters of the casing (sleeve) to achieve a desired result. It is well-settled that optimizing a result effective variable is well within the expected ability of a person of ordinary skill in the subject art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980), In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734
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