DETAILED ACTION
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 1-3, 5-9 and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GRAHAM AMMUITION LIMITED (WO 2013/140182 A1); hereinafter, “Graham”.
Regarding claim 1, Graham discloses a sabot assembly 700 (Figs. 25-27), comprising: a plurality of projectiles 799; and a housing (formed by wall sections/fingers 713 - Fig. 26) including an interior space in which the plurality of projectiles is receivable (Pg. 37, Lines 12-14; Fig. 25), the interior space at least partially defined by a plurality of concavities (unnumbered alcoves as shown in Fig. 25), each concavity configured to receive a respective projectile (Pg. 37, Lines 7-10; Fig. 25); wherein the housing is configured to release the plurality of projectiles from the interior space once the sabot assembly is fired through a gun barrel (Pg. 11, Lines 20-21; Pg. 15, Lines 17-26, Pg. 17, Lines 8-15; Fig. 27).
Regarding claim 2, Graham discloses wherein the plurality of concavities is configured to maintain each respective projectile of the plurality of projectiles in a predetermined position within the interior space during firing and travel of the sabot assembly through the gun barrel (since each alcove is configured to correspond in shape to the profile of a projectile receivable therein, Pg. 37, Lines 7-10; Fig. 25, the projectiles will be held securely in position when the cartridge is fired, in light of Pg. 31, Lines 23-24).
Regarding claim 3, Graham discloses wherein the plurality of concavities is configured to space each respective projectile from each other projectile in the interior space (Fig. 25).
Regarding claim 5, Graham discloses wherein the housing comprises a plurality of housing segments configured to separate and thereby release the plurality of projectiles (Pg. 11, Lines 20-21; Fig. 27) once the sabot assembly is fired through the gun barrel (Pg. 15, Lines 17-26, Pg. 17, Lines 8-15; Fig. 27).
Regarding claim 6, Graham discloses wherein a nose (front 725; Pg. 37, Line 23; Fig. 25) of the housing is configured to cause the housing to separate (via drag across the flatter front 725) into the plurality of segments once the sabot assembly exits the gun barrel after being fired through the gun barrel (where drag is a one of the forces that force the wall sections/fingers open in light of Pg. 17, Lines 10-15).
Regarding claim 7, Graham discloses wherein the housing defines a longitudinal axis and is configured to separate longitudinally into the plurality of segments (Fig. 27).
Regarding claim 8, Graham discloses wherein: the housing comprises a plurality of longitudinally elongated segments (wall sections/fingers 713; Fig. 26) configured to separate and thereby release the plurality of projectiles (Pg. 11, Lines 20-21; Fig. 27) once the sabot assembly is fired through the gun barrel (Pg. 15, Lines 17-26, Pg. 17, Lines 8-15; Fig. 27); and a nose (front 725; Pg. 37, Line 23; Fig. 25) of the housing defines an aperture (aperture through which projectile 5 extends as shown in Fig. 25) configured to increase aerodynamic drag against the housing (the edges of the front 725 adjacent the projectile 5 will create aerodynamic drag) and cause the housing to separate into the plurality of longitudinally elongated segments after the sabot assembly exits the gun barrel (where drag is a one of the forces that force the wall sections/fingers open in light of Pg. 17, Lines10-15).
Regarding claim 9, Graham discloses wherein each projectile is configured to be self-stabilizing during flight (the projectiles can have an ogive shape; Pg. 37, Lines 18-19).
Regarding claim 12, Graham discloses a cartridge (cartridge assembly 750; Abstract;
Figs. 25-27), comprising a shell case (731; Pg. 36, Lines 11-14; Fig. 25); a propellant in the shell case (Pg. 36, Lines 11-14; Fig. 25); a primer (752; Fig. 25) on the shell case configured to ignite the propellant (Pg. 36, Lines 11-14; Fig. 25); and the sabot assembly of claim 1 in the shell case (Pg. 36, Lines 11-14; Fig. 25).
Regarding claim 13, Graham discloses a sabot assembly (projectile holder 700;
Abstract; Figs. 25-27), comprising: a segmented housing (housing formed by wall sections/fingers 713 as shown in Fig. 26) configured to be propelled through a gun barrel (Pg. 38, Lines 17-23; Fig. 25); and a plurality of projectiles (5 and 799; Fig. 25) in the housing (Pg. 37, Lines 12-14; Fig. 25); wherein the housing is configured to separate into segments and thereby release the plurality of projectiles (Pg. 11, Lines 20-21; Fig. 27) once the sabot assembly is fired through the gun barrel (Pg. 15, Lines 17-26, Pg. 17, Lines 8-15; Fig. 27).
Regarding claim 14, Graham discloses wherein the housing is configured to prevent each projectile from deforming as the sabot assembly travels through the gun barrel (since each alcove is configured to correspond in shape to the profile of a projectile receivable therein, Pg. 37, Lines 7-10; Fig. 25, the projectiles will be held securely in position preventing them from being damaged when the cartridge is fired in light of Pg. 31, Lines 23-24).
Regarding claim 15, Graham discloses a cartridge (cartridge assembly 750; Abstract;
Figs. 25-27), comprising: a shell case (731; Pg. 36, Lines 11-14; Fig. 25); a propellant in the shell case (Pg. 36, Lines 11-14; Fig. 25); a primer (752; Fig. 25) on the shell case configured to ignite the propellant (Pg. 36, Lines 11-14; Fig. 25); and the sabot assembly of claim 13 in the shell case (Pg. 36, Lines 11-14; Fig. 25).
Regarding claim 16, Graham discloses sabot assembly (projectile holder 700; Abstract; Figs. 25-27) consisting of: a plurality of projectiles (5 and 799; Pg. 37, Lines 12-14; Fig. 25); and a plurality of elongated housing segments (wall sections/fingers 713; Fig. 26) forming a longitudinally elongated housing (Fig. 26) configured to be propelled through a gun barrel, the housing defining an interior space in which the plurality of projectiles is received (Pg. 38, Lines 17-23; Fig. 25); wherein the interior space is at least partially defined by a plurality of concavities (unnumbered alcoves as shown in Fig. 25) on an interior surface of each elongated housing segment (Pg. 37, Lines 7-10; Fig. 25); each projectile is received in a respective concavity (Pg. 37, Lines 7-10; Fig. 25); and the housing is configured to separate into the plurality of elongated housing segments and thereby release the plurality of projectiles from the interior space (Pg. 11, Lines 20-21; Fig. 27) once the sabot assembly is fired through the gun barrel (Pg. 15, Lines 17-26, Pg. 17, Lines 8-15; Fig. 27).
Regarding claim 17, Graham disclose cartridge (cartridge assembly 750; Abstract; Figs. 25-27), consisting of: a shell case (731; Pg. 36, Lines 11-14; Fig. 25); a propellant in the shell case (Pg. 36, Lines 11-14; Fig. 25); a primer (752; Fig. 25) on the shell case configured to ignite the propellant (Pg. 36, Lines 11-14; Fig. 25); and the sabot assembly of claim 16 in the shell case (Pg. 36, Lines 11-14; Fig. 25).
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 4, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over GRAHAM AMMUITION LIMITED (WO 2013/140182 A1); hereinafter, “Graham”, in view of FERRIGNO (US 4,718,348 A).
Regarding claim 4, Graham teaches the sabot assembly of claim 1, but Graham fails to teach of wherein the plurality of concavities is symmetrically spaced about the interior space.
Ferrigno teaches a shell assembly (Abstract; Fig. 8) and teaches of wherein a plurality of concavities (cavities formed by partitions 42 as shown in Figs. 6 and 8) are symmetrically spaced about the interior space (as shown in Figs. 6 and 8; Col. 2, Line 64 to Col. 3, Line 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to configure the concavities of Graham to be symmetrically spaced about the interior space, as taught by Ferrigno, in order to provide a more balanced projectile holder which would improve velocity, range and accuracy.
Regarding claim 10, Graham teaches the sabot assembly of claim 1, but graham fails to teach of wherein each projectile has a tear drop profile.
Ferrigno teaches of wherein each projectile (10; Fig. 1) has a tear drop profile (Col. 2, Lines 33-40; Fig.1) and further teaches that the teardrop shape of the projectile has lower drag and improved ballistic coefficient (Col. 1, Lines 39-42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to configure each projectile of Graham to have a tear drop profile, as taught by Ferrigno, since the tear drop shape has lower drag and improved ballistic coefficient.
Regarding claim 11, Graham teaches the sabot assembly of claim 1, but Graham fails to teach of wherein each projectile includes a spherical head with a conical tail.
Ferrigno teaches of wherein each projectile (10; Fig. 1) includes a spherical head with a conical tail (Col. 2, Lines 33-40; Fig. 1) and further teaches that the teardrop shape of the projectile has lower drag and improved ballistic coefficient (Col. 1, Lines 39-42). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to configure each projectile of Graham to have a tear drop profile, as taught by Ferrigno, since the tear drop shape has lower drag and improved ballistic coefficient.
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