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 .
Claim Objections
Claim 3 objected to because of the following informalities: “an expulsion charge” should be “the expulsion charge” since the expulsion charge was already recited in claim 1. Appropriate correction is required.
Claim 6 objected to because of the following informalities: “a flachette” in line 2 should be “the flachette.” Appropriate correction is required.
Claim 7 objected to because of the following informalities: “an expansion chamber” should be “the expansion chamber” since the expansion chamber was already recited in claim 1. Appropriate correction is required.
Claim 9 objected to because of the following informalities: “an expansion chamber” should be recited as “the at least one expansion chamber.” Appropriate correction is required.
Claim 14 objected to because of the following informalities: “an expulsion charge” should be “the expulsion charge” since the expulsion charge was already recited in claim 1. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a flachette” in line 2 should be “the flachette.” Appropriate correction is required.
Claim 18 objected to because of the following informalities: “an expansion chamber” should be recited as “the at least one expansion chamber.” Appropriate correction is required.
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 1-20 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 claims 1 and 10, the limitation of “a monolithic flechette” is indefinite because the specification (p. [0036]) describes the flechette being made of separate parts. Also, the specification describes a monolithic sabot not a monolithic flachette.
Claim 2 recites the limitation "the central flechette chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the empennage of the flechette" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the sabot base" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the ejection sequence" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the two structures" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “the central flechette chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the two structures" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641
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