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 .
Response to Arguments
Applicant’s response dated 5/11/2026 is acknowledged and appreciated. The claim amendments and new claim have been considered. Applicant argues that the Martorana device is not a munition and does not initiate charges using a programmable time fuse as claimed. In response, Examiner asserts that the device of Martorana can be considered collectively part of munitions, or military supplies and functions as an artillery projectile. Further, the flyer of Martorana includes internal payload as depicted. Examiner agrees that the Martorana system does not teach a programmable time fuse as claimed and the claim rejection has been amended accordingly. The Office Action therefore Non-final.
Claim Rejections - 35 USC § 103
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martorana et al. (U.S. Patent 6,392,213) in view of Himmert et al. (U.S. Patent 5,760,330).
In regards to claim 1, Martorana et al (henceforth referred to as Martorana) disclose a projectile for firing via a barrel weapon. Martorana teaches a projectile fired via an artillery cannon (col. 4, lines 51-67), the projectile comprising:
a projectile casing with a first casing section. As illustrated, the shroud of the Martorana cartridge constitutes a casing in multiple sections (see figures 1a, 9a and 9b); and
a second casing section that adjoins the first casing section at a separation
point. Note the at least two shroud pieces during separation; and
an ejection charge. Martorana teaches explusion charges embedded in the shroud (col. 9, lines 34-5), but fails to teach a programmable time fuse that time controls initiation of the ejection charge. However, Himmert et al (henceforth referred to as Himmert) teaches an ejection or separation charge that is controlled via timed fuse that is programmable at some point (col. 6, lines 57-62) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a programmable timed fuse to initiate the separation charge of the Martorana device as taught by Himmert, to allow consistent preplanned activation,
and a loitering munition having a payload provided therein are arranged in the projectile casing. The device of Martorana includes a “flyer” (item 14) in the shroud that constitutes a munition as it is capable of carrying various payload.
In regards to claim 2, Martorana discloses that the second casing section is fastened to the first casing section via a connector or screw connection. The separable portions of the shroud of the Martorana design are fastened via a form of connector prior to flyer expulsion.
In regards to claim 3, Martorana discloses that the loitering munition is arranged in the projectile casing in a rotationally fixed manner relative to the projectile casing. The flyer of the Martorana design is positioned in the shroud in a fixed manner until the shroud is removed.
In regards to claim 4, Martorana discloses that the projectile is a spin-stabilized projectile. Martorana teaches de-spinning the projectile and flyer after firing from the artillery cannon (col. 3, lines 57-63).
In regards to claim 5, Martorana discloses that the projectile is a wing-stabilized projectile. The “flyer” includes wings (“wing assembly”, item 20).
In regards to claim 6, Martorana disclose that the ejection charge is adapted to the projectile casing such that the second casing section is separated
from the first casing section by a detonation of the ejection charge. Martorana teaches expulsion charges that function in the claimed manner incorporated into/onto the shroud for separation of the shroud.
In regards to claim 7, Martorana discloses that the first casing section is a projectile front part, and the second casing section is a projectile rear part or projectile base. The casing structure of the Martorana design includes a nose section as well as an aft section (see figures 9a and 9b).
In regards to claim 8, Martorana discloses a weapon system comprising:
a projectile according to claim 1; and
a barrel weapon corresponding to the projectile for firing the projectile. Martorana teaches an artillery cannon launching a projectile.
In regards to claim 9, Martorana discloses a base station to operate the loitering munition, wherein the based station is adapted for data transmission between the base station and the loitering munition. Martorana teaches launching the projectile and flyer from a base station (artillery location, submarine, warship etc.) and allowing the flyer to loiter over a target to transmit data. Note the imager electronics with a transmitter (item 63).
In regards to claim 10, Martorana discloses a weapon system configured to carry out a method for delivering a loitering munition to a target area via a barrel weapon, the method comprising:
firing a projectile via the barrel weapon in a direction of the target area. Martorana teaches using artillery cannon to fire projectile towards a target area (col. 4, lines 51-67), the projectile having a projectile casing in which the loitering munition, having a payload provided therein (note that the flyer of Martorana includes a payload), is arranged;
Martorana teaches ejecting the loitering munition from the projectile casing after separating the projectile casing into first and second casing sections separating via an ejection charge (As illustrated, the shroud of the Martorana cartridge constitutes a casing in multiple sections, see figures 1a, 9a and 9b), but fails to teach a programmable time fuse that time controls initiation of the ejection charge. However, Himmert teaches an ejection or separation charge that is controlled via timed fuse that is programmable at some point (col. 6, lines 57-62) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a programmable timed fuse to initiate the separation charge of the Martorana device as taught by Himmert, to allow consistent preplanned activation;
unfolding at least one wing of the loitering munition and/or activating on-
board electronics of the loitering munition (col. 10, lines 12-34); and
performing an independent flight phase of the loitering munition towards the
target area and/or in the target area. Martorana teaches independent flight after ejection from shroud.
In regards to claim 11, Martorana discloses a weapon system configured to carry out a method for delivering loitering munition to a target area via a barrel weapon. Martorana teaches an artillery launched projectile that includes a loitering “flyer” (col. 4, lines 51-67), the method comprising:
firing a projectile via the barrel weapon (col. 4, lines 51-67), the projectile having a projectile casing (see figures 1a, 9a and 9b) and the loitering munition, having a payload provided therein, being arranged in the projectile casing (see figure 9a);
directing the projectile towards the target area. Martorana teaches launching the projectile and the flyer towards targets (see figure 11) and that the flying includes a payload;
detonating an ejection charge of the projectile that causes the projectile casing to separate into a first casing section and a second casing section. Figure 9a shows detonation of an expulsion charge to separate a first part of the casing;
Martorana does not teach the ejection charge being time controlled via a programmable time fuse. However, Himmert teaches an ejection or separation charge that is controlled via timed fuse that is programmable at some point (col. 6, lines 57-62) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a programmable timed fuse to initiate the separation charge of the Martorana device as taught by Himmert, to allow consistent preplanned activation;
ejecting the loitering munition from the projectile, wherein after ejection of
the loitering munition, a spin of the loitering munition is reduced. Martorana teaches de-spinning the projectile and flyer after firing from the artillery cannon (col. 3, lines 57-63);
unfolding at least one wing of the loitering munition and/or activating on-board electronics of the loitering munition, wherein after activation of the on-board
electronics, communication takes place with a base station and/or with advanced
observers (col. 10, lines 12-34);
performing an independent flight phase of the loitering munition, wherein the
loitering munition covers a remaining flight distance towards the target area
and/or surveys and/or observes the target area. Martoranna teaches deployment of the flyer to survey a target; and
initiating, via the loitering munition, engagement of a target object after
identification of the target object in the target area. Martoranna teaches that the flyer may utilize munitions to engage a target.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martorana et al. (U.S. Patent 6,392,213) in view of Himmert et al. (U.S. Patent 5,760,330) as applied to claim 7 above, and further in view of Bessey et al. (U.S. Patent 3,611,931).
In regards to claim 12, Martoranna does not disclose that the second casing section is fastened to the first casing section via a screw connection, and wherein at least one thread of the screw connection has a predetermined breaking point, such that the screw connection forms the separation point. However, Bessey et al (henceforth referred to as Bessey) teaches utilizing screws with predetermined breaking points indicated as shear screws, to hold components of a break away module and allow the components to separate (see claim 1 of Bessey). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide breakaway bolts or screw fasteners in/on the casing parts of the Martoranna device as taught by Bessey, to allow the casing to reliably separate a specific point along the casing.
Summary/Conclusion
Claims 1-12 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN P LEE whose telephone number is (571)272-8968. The examiner can normally be reached between the hours of 8:30am and 5:00pm on Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BENJAMIN P LEE/Primary Examiner, Art Unit 3641
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