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, 2, 4-7, 9, 16, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE”
Regarding claim 1, TRUE teaches an ammunition cartridge centered about a longitudinal axis and extending from a proximal end to a distal end (cartridge casing, 10: Figure 1b; paragraph [0038]), the cartridge comprising: a case having a base defining the proximal end and a case sidewall extending from the base to a distal mouth and defining a case cavity (cylindrical insert, 32, with a base, 46, defining the proximal end and a sidewall extending vertically upward to mouth opening, 44, and a case cavity within; Figure 1b: paragraph [0039]); a propellant charge disposed in at least a portion of the case cavity (propellant within the propellant chamber, 14, which fits within 32; Figure 1b; paragraph [0039]); a body having a proximal cup and a body sidewall extending to 3 distal interface (bullet-end component [body], 18, has a proximal cup at shoulder, 24, and a body sidewall extending to a distal interface at opening near, 16; Figure lb; paragraph [0039]), wherein at least a proximal portion of the body is receivable in the case cavity distal to the propellant charge (the proximal portion of 18 is capable of being received within the case cavity and is received by item 14 within case cavity; Figure 1b): a cap extending from a proximal cap portion coupled to the distal interface of the body to a dome defining the distal end of the cartridge (ogive [cap], 52, extending from bearing surface [proximal cap portion], 60, which is coupled to 18 at the opening near item 16: Figures 1b and 3: paragraph [0044]), wherein the body and the cap define a projectile cavity (projectile cavity is area where pelleted materials, 88, are located within projectile cap, 52; Figure 17; paragraph [0059]); and one or more projectiles positioned within the projectile cavity (pelleted materials, 88, are within the cavity of the projectile, 50; Figure 17: paragraph [0059]).
Regarding claim 2, TRUE teaches the cartridge of claim 1, wherein the case has a diameter of at least 20 millimeters (ammunition cartridge can have a diameter of 20mm - 4.2 inches: paragraph [0009]), wherein the base comprises at least one of percussion primer, a booster pellet, and a flash tube, and wherein at least a portion of the base defines an extractor ring (46, includes a primer flash hole and extractor ting [ring above 46]; Figure 1b: paragraph [0038]).
Regarding claim 4, TRUE teaches the cartridge of claim 1, further comprising at least one of an obturating ring and a driving band rotatably coupled to the body sidewall and, when discharged from a firearm, configured to engage a rifting of the firearm and decouple a spin rate of the body relative to the rifling (rotating bands, 134, of the projectile, 50, which is coupled to the body sidewall, engage the rifling to spin the projectile and stabilize the flight; Figure 19m; paragraphs [0061], [0063]).
Regarding claim 5, TRUE teaches the cartridge of claim 1, further comprising at least one of an obturating ring and a driving band integrally formed with the body sidewall (rotating bands. 134, of the projectile, 150, which are integrally formed with all of item 10, engage the rifling to spin the projectile and stabilize the flight: Figure 19m; paragraphs [0061], [0063]).
Regarding claim 6, TRUE teaches the cartridge of claim I, further comprising at least one of an obturating ring and a driving band disposed radially adjacent at least a first portion of the cap, wherein, when discharged from a firearm, the at least one of the obturating ring and the driving band is configured to engage with a rifling of a barrel of the firearm (rotating bands, 134, of the projectile, 50, are radially adjacent the cap, 52, and engage the rifling to spin the projectile and stabilize the flight; Figure 19m; paragraphs [0061], [0063]) and translate a compressive force to the first portion of the cap to fracture or displace at least a second portion of the cap (pelleted materials, 88, are ejected upon impact and the cap, 52, is made of a softer material which allows deformation and ejection of pelleted material, 88; paragraph [0059]).
Regarding claim 7, TRUE teaches the cartridge of claim 1, further comprising a sleeve defining a cylindrical annulus (middle body portion, 28, is cylindrical; Figure 1b; paragraph [0039]) extending from a proximal sleeve portion radially adjacent to the proximal cup of the body (section of 18 directly beneath proximal cup, 24, of 18) to a distal sleeve portion (chamber neck, 26; Figure 1b; paragraph [0039]) engaged with the proximal cap portion (middle body component, 28, connects the forward end of 18 to the opposite end of 20 - which means that item 18 slides and sits within item 28 and extends the length of item 18; paragraph [0039]).
Regarding claim 9, TRUE teaches the cartridge of claim 7, wherein cartridge further comprises at least one of an obturating ring and a driving band integrally formed with or coupled to the sleeve (rotating bands, 134, of the projectile, 50, are radially adjacent the cap, 52, which is coupled to the sleeve, 28, and engages the rifling to spin the projectile and stabilizes the flight; Figure 19m; paragraphs [0061], [0063]).
Regarding claim 16, TRUE teaches the cartridge of claim 7, wherein cartridge further comprises at least one of an obturating ring and a driving band integrally formed with or coupled to the sleeve (rotating bands, 134, of the projectile, 50, are radially adjacent the cap, 52, which is coupled to the sleeve, 28, and engages the rifling to spin the projectile and stabilizes the flight; Figure 19m; paragraphs [0061], [0063]).
Regarding claim 17, TRUE teaches the cartridge of claim 1, wherein the cap comprises one or more materials having a combined density configured to, when discharged from a firearm, enable the cap to contact or penetrate a target (projectile can be made from B frangible material designed to penetrate a target and release pelleted material; paragraphs [0042], [0101]).
Regarding claim 19, TRUE teaches the cartridge of claim 3. wherein the one or more projectiles comprises a plurality of projectiles configured to, when discharged by the propellant from a rifled barrel of a firearm, at a distance within a range from about 5 meters to about 40 meters, orient in a pattern having maximum distance between two projectiles of the plurality of projectiles of less than about 2 meters (pelleted material, 88, is-carried by projectile, 50, to a target after being discharged by the propellant -then the pelleted material, 88, is ejected at impact - therefore, depending upon the impacted object, the plurality of projectiles of TRUE are configured to produce the claimed pattern; paragraph [0059]).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE”, in view of AMICK (US 2019/0154421 A1).
Regarding claim 3, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the propellant charge is configured to propel the one or more projectiles from a firearm with a muzzle velocity within a range from about 550 feet per second (ft/s) (168 meters per second (m/s)) to about 1400 ft/s (427 m/s). AMICK, in a similar field of endeavor, teaches firearm projectiles (firearm projectile, 100; paragraph [0022]) wherein the propellant charge is configured BD propel the one or more projectiles from a firearm with a muzzle velocity within a range from about 550 feet per second (ft/s) (168 meters per second (m/s)) to about 1400 ft/s (427 m/s) (muzzle velocity is at least 300 m/s: paragraph [0070]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the propellant charge of TRUE to have a muzzle velocity of between 168m/s and 427m/s, as in AMICK, to optimize the flight path of the projectile.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE” in view of HAYASHI (US 4,043,267).
Regarding claim 8, TRUE teaches the cartridge of claim 7. However, TRUE does not distinctly disclose when discharged from a firearm, in response to an axial force on the body, the sleeve is configured to translate axially in a proximal direction relative to the cap to disengage from the proximal cap portion. HAYASHI, in a similar field of endeavor, teaches a firearm cartridge assembly (column 1, lines 10-12) wherein when discharged from a firearm, in response to an axial force on the body, the sleeve is configured to translate axially in a proximal direction relative to the cap to disengage from the proximal cap portion (wad structure is propelled forward, out of the shell, by the explosive gas and the shell is kicked backwards; column 5, line 24 column 6. line 2). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify TRUE and have the sleeve experience a force opposite to that of the projectile, as in HAYASHI, since such is known in the art as recoil or kickback.
Claims 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE” in view of Moser et al. (US 10,422,611 B1) to Vista Outdoor Operations LLC (hereinafter "VISTA").
Regarding claim 10, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the proximal cup defines a distal facing surface having a curvature shaped to receive therein at least one of the one or more projectiles. VISTA, in a similar field of endeavor, teaches a projectile (shotshell cartridge, 50: column 5, lines 66-67) wherein the proximal cup (cup portion, 236; Figure 26) defines a distal facing surface having a curvature shaped to receive therein at least one of the one or more projectiles (upper surface of partition, 238, which is distal facing and has a curvature to receive projectiles; Figure 26). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cartridge of TRUE, with the distal facing surface on the cup of VISTA, to produce a more consistent and stable flight of the projectile.
Regarding claim 11, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the proximal cup defines a proximal facing surface configured to, when discharged from a firearm, in response to a pressure produced by the propellant charge, splay in a radial direction to seal propellant gases proximal to the body. VISTA, in a similar field of endeavor, teaches a projectile (shotshell cartridge, 50; column 5, lines 66-67) wherein the proximal cup (cup portion, 236: Figure 26) defines a proximal facing surface (fins, 246; Figure 26) configured to, when discharged from a firearm, in response to a pressure produced by the propellant charge, splay in a radial direction to seal propellant gases proximal to the body (propellant discharges projectile wad and the fins are deployed; Figure 28, column 4, lines 13-21 and column 7, lines 26-40), It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cartridge of TRUE, with the proximal facing surface on the cup of VISTA, to produce a more consistent and stable flight of the projectile.
Regarding claim 12, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the proximal cup comprises a proximally extending skirt configured to, when discharged from a firearm, splay in the radial direction. VISTA, in a similar field of endeavor, teaches a projectile (shotshell cartridge, 50; column 5, lines 66-67) wherein the proximal cup (cup portion, 236; Figure 26) comprises a proximally extending skirt (fins, 246; Figure 26) configured to, when discharged from a firearm, splay in the radial direction (fins deployed; Figure 28; column 7, lines 26-40). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cartridge of TRUE, with the skirt of VISTA, to produce a more consistent and stable flight of the projectile.
Regarding claim 13, TRUE in view of VISTA teaches the cartridge of claim 12. TRUE further teaches wherein the skirt extends from a plane normal to the longitudinal axis to a proximal edge a length within a range from about 0.250 Inches (6.35 millimeters (mm)) to about 0.750 inches (19.05 mm) (the entire length of the cartridge can be between 5.56mm and 14.7mm; paragraph [0009]).
Regarding claim 14, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the body sidewall comprises at least one of a plurality of skives and a plurality of slits configured to, when discharged from a firearm, in response to at least one of an air-resistance and a pressure produced by the propellant, urge at least a portion of the body sidewall radially outward. VISTA, in a similar field of endeavor, teaches a projectile (shotshell cartridge, 50; column 5, lines 66-67) wherein the body sidewall comprises at least one of a plurality of skives and a plurality of slits (propellant cup portion [body], 192, has a plurality of slits, 204; Figures 23-25: column 7, lines 8-25) configured to, when discharged from a firearm, in response to at least one of an air-resistance and a pressure produced by the propellant, urge at least a portion of the body sidewall radially outward (air resistance caused by the moving wad facilitates deployment of the fins; column 4. lines 13-21). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cartridge of TRUE, with the skirt and slits/fins of VISTA, to produce a more consistent and stable flight of the projectile.
Regarding claim 15, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose wherein the proximal cup defines an aperture configured to, when discharged from a firearm, in response to a propellant gas produced by the propellant, pass therethrough a portion of the propellant gas. VISTA, in a similar field of endeavor, teaches a projectile (shotshell cartridge, 50: column 5, lines 66-67) wherein the proximal cup (cup portion, 236: Fig. 26) defines an aperture configured to, when discharged from a firearm, in response to a propellant gas produced by the propellant, pass therethrough & portion of the propellant gas (aperture, 244, is capable of passing propellant gas: Figures 26-28; column 7, lines 26-52). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cartridge of TRUE, with the skirt and aperture of VISTA, to produce a more consistent and stable flight of the projectile.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE”, in view of Hurt et al. (US 2023/0045740 A1 to Federal Cartridge Company (hereinafter "FEDERAL").
Regarding claim 18, TRUE teaches the cartridge of claim 1. TRUE further teaches when discharged from a firearm, in response to at least one of an air-resistance and a centripetal force, expose the one or more projectiles (pelleted material, 88, is ejected upon impact of the projectile, 50; paragraph [0059]). However, TRUE does not distinctly disclose wherein the cap comprises two or more skives defining two or more petals configured to radially separate. FEDERAL, in a similar field of endeavor, teaches a bullet (bullet, 20; Figure 1; paragraph [0050]) wherein the cap comprises two or more skives defining two or more petals configured to radially separate to expose the one or more projectiles (jacket, 50, includes skives, 60, to radially separate and encourage petaling; Figure 1; paragraph (0057]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the cap of TRUE and include the skives of FEDERAL to more consistently expose the pelleted material within the cap when a proper force is exerted.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over BURROW – True Velocity IP Holdings - (US 2020/0363173 A1); hereinafter, “TRUE”, in view of US 2006/0144281 A1 to Williams et al. (hereinafter "WILLIAMS").
Regarding claim 20, TRUE teaches the cartridge of claim 1. However, TRUE does not distinctly disclose further comprising one or more projectile retainers disposed within the projectile cavity and configured to retain the one or more projectiles in a selected arrangement. WILLIAMS, in a similar field of endeavor, teaches a frangible projectile (projectile, 20; Figure 4; paragraph [0027]) comprising one or more projectile retainers disposed within the projectile cavity and configured to retain the one or more projectiles in B selected arrangement (retainer cup, 50, allows for separation for materials within the projectile into selected arrangement; Figure 4; paragraph [0040]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the projectile of TRUE to include the retainer of WILLIAMS to produce a desired shot pattern or reaction from the projectile.
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
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