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 .
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rambow (20170334802).
Regarding claims 1, 3, Rambow discloses a gas generating composition that includes melamine nitrate from 25-30 % (0031), basic copper nitrate from 45-55 % (0026 and 0027), and one or more secondary oxidizers such as ammonium perchlorate and potassium perchlorate from 1-10 % (0028). The ammonium perchlorate and potassium perchlorate are indicated at 1-10 % which is the same claimed ratio.
Regarding claim 2, ammonium perchlorate and potassium perchlorate are indicated at 1-10 % which meets a 1:1 ratio in that range.
Regarding claim 4, the addition of guanidine nitrate is disclosed (0032).
Regarding claims 5-7, the addition of a lubricant (0038) is disclosed as well as additives such as calcium stearate (0041).
Regarding claims 8 and 9, the addition of a slagging additive such as alumina is disclosed (0039).
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 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rambow as applied above and further in view of Mendenhall (20200308078).
Regarding claims 10-20, Mendenhall discloses a gas generating composition including guanidine nitrate (0086), basic copper nitrate (0087), secondary perchlorate oxidizers (0087), and slagging agents such as aluminum oxide from 0-5 % (0088) with an additional slagging agent such as titanium oxide from 0-5 % (0088, 0090, 0091). For the purposes of searching for and applying prior art under 35 U.S.C. 102 and 103, absent a clear indication in the specification or claims of what the basic and novel characteristics actually are, “consisting essentially of” will be construed as equivalent to “comprising.” See, e.g., PPG, 156 F.3d at 1355, 48 USPQ2d at 1355 (MPEP 2111.03).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the combination of two slagging agent as taught by Mendenhall since Mendenhall suggests that the combination of them provides exothermic slag forming from the aluminum oxide as well as additional slag forming provided by the titanium oxide. One of skill in the arty would have a reasonable expectation of success to provide better slag formation since both compositions are used for gas generating devices and since both compositions include similar ingredients. Further, Rambow discloses the desired effect of slag formation with the use of aluminum oxide.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734
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