DETAILED ACTION
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
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 2, 5 and 7 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 2, lines 2-3, “said tubes can be connected to each other”, is indefinite because it is unclear whether to meet this limitation, the prior art must disclose tubes connected together.
Claim 7 is indefinite because it improperly modifies claim 2. In claim 2, the two tubes have already been claimed as being made from an energetic powder.
Claim 8 is indefinite because it recites a plurality of tubes made of energetic material, whereas claim 4 has previously recited that only one of the two tubes made of energetic material, the other tube being made from an inert polymer.
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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (BUNDESAMT FUER WEHRTECHNIK U B [DE]) (DE 32 17 976 A1);
Regarding independent claim 1, BUNDESAMT FUER WEHRTECHNIK UB discloses a combustion igniter cord for a propellant charge contained in the case of a cartridge, said igniter cord consisting of a core (11) comprising a pyrotechnic material and surrounded by a sheath consisting of two concentric cylindrical tubes (5, 6) between which is arranged a free powder energetic material (8); (abstract, page 6, lines 17-34; and Fig.1).
Regarding claims 2 and 9, see BUNDESAMT FUER WEHRTECHNIK UB, Fig. 1, the abstract, and page 6, lines 17-34.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nielson et al. (US 6,224,099 B1).
Regarding independent claim 1, Nielson et al. disclose a fuse that reads on the claimed igniter cord: see (abstract; column 1, lines 10-17; column 4, lines 40-57; column 8, lines 6-34; Fig. 1, in particular "In a preferred embodiment, a solidified ignition stick 6, which may be solid or hollow, axially extends lengthwise from squib 5 through the interior of gas generating device towards the interior side 7 of end piece 3." And, "A so-called rapid deflagration cord, if desired, can be disposed lengthwise, e.g., such as loosely sleeved, within a hollow igniter stick.
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 2-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over (BUNDESAMT FUER WEHRTECHNIK U B [DE]) (DE 32 17 976 A1).
Claims 2-18 recite various embodiments of the combustion igniter cord, the differences comprising the material selected for the concentric tubes, the specific energetic material selected between the two tubes, and the specific core pyrotechnic material selected for the core.
Some or all of these materials, energetics and pyrotechnic materials are either specifically disclosed by BUNDESAMT FUER WEHRTECHNIK U B, or is the alternative, official notice is taken of the well-known nature of these materials, energetics and pyrotechnic materials in the transmission tube (shock tube, detonation/ ignition tube/cord art). As, such, it would have been obvious to a POSITA before the effective filing date of the invention, to experiment and try any of the claimed tube materials, energetic materials and core pyrotechnic materials with the BUNDESAMT FUER WEHRTECHNIK U B igniter cord, the motivation being to potentially discover an igniter cord with enhanced performance characteristics.
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