Invalidity dossier
US 11287238
Methods of initiating insensitive explosive formulations
Current assignee: US Department of Navy
Added 9/24/2026, 5:53:00 PM
Active provider: DeepSeek · deepseek-v4-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for this specific patent number to check for USPTO records and any CAFC/docket activity.
Search Results — USPTO / CAFC Dockets
No CAFC 2026 docket activity found for US 11,287,238. My searches returned no litigation, appeal, IPR, or docket records tied to this patent number. The only literal hit for the string "11287238" in the live results was an unrelated PubMed ID (PMID 11287238) and a Chinese-language investor-relations document — neither is the patent. I therefore cannot confirm any 2026 Federal Circuit proceedings involving this patent, and I have no authoritative basis to assert that litigation exists. Treat the absence of docket hits as "not found," not as proof of non-existence.
Caveat: Google Patents/PatentCenter are not full litigation dockets; a docket-level (PACER) or Docket Navigator check would be needed for a definitive litigation-negative. All content below is drawn from the authoritative full patent text supplied.
US Patent 11,287,238 B1 — Summary
| Field | Value |
|---|---|
| Title | Methods of initiating insensitive explosive formulations |
| Patent number | US 11,287,238 B1 |
| Application no. | US 17/109,691 |
| Filing date | 2020-12-02 |
| Issue/grant date | 2022-03-29 |
| Priority date | 2020-12-02 |
| Inventor | Nicholas H. Albrecht |
| Assignee | The United States of America, as represented by the Secretary of the Navy (US Department of Navy) |
| Anticipated expiration | 2040-12-02 |
| Claims | 6 total — 2 independent (claims 1 and 4), 4 dependent |
| CPC classes | F42C19/0815 (intermediate ignition capsules); F42C19/0838 (primers/igniters for warhead charge initiation) |
| Family | ID 80855286; single US member (no foreign counterparts listed) |
| Legal status | Active; 4th-year maintenance fee paid 2025-08-13 |
Abstract (verbatim): "The embodiments are directed to methods of initiating insensitive explosive formulations. The disclosed methods include positioning a donor explosive pellet adjacent to an insensitive acceptor explosive pellet having a plurality of relative percent theoretical maximum density (TMD) zones. The insensitive acceptor explosive pellet is adjacent to an insensitive explosive fill. Upon donor explosive pellet initiation, the donor explosive pellet provides a shock stimulus to the insensitive acceptor explosive pellet, which initiates the insensitive acceptor explosive pellet, causing a detonation wave to be driven through the plurality of relative percent TMD zones and into the insensitive explosive fill."
Plain-Language Overview of the Independent Claims
Claim 1 — Method of initiating an insensitive explosive fill
- Provide an insensitive cylindrically-shaped acceptor explosive pellet with a proximal end, a distal end, and a central longitudinal axis running between them.
- The pellet is built as multiple relative-percent-TMD zones stacked from proximal to distal, with increasing relative percent TMD toward the distal end.
- A trade-off is baked in: sensitivity decreases from proximal→distal, while explosive output increases from proximal→distal (i.e., the soft/input end is more sensitive, the hard/output end is more powerful).
- Place a donor explosive pellet in intimate adjacent contact with the proximal end — critically, the donor's own central longitudinal axis is NOT aligned with the acceptor pellet's axis (i.e., they are offset/lateral from one another).
- Place the acceptor pellet's distal end in adjacent contact with the insensitive explosive fill.
- Initiate the donor pellet, which delivers a shock stimulus that initiates the acceptor pellet.
Note: the claim set is drafted around the offset (misaligned-axis) configuration shown in FIGS. 5–6, not the co-axial arrangement of FIGS. 3–4.
Claim 4 — Method of initiating an insensitive explosive fill in a munition
Same operative concept, but framed in installed hardware:
- Provide a munition having an aft end, a hollow fuze well attached at the aft end, the munition housing an insensitive explosive fill, and the fuze well housing a munition fuze.
- Position the donor explosive pellet inside the hollow fuze well (donor has first and second ends plus its own central longitudinal axis).
- Position the insensitive cylindrically-shaped acceptor explosive pellet inside the hollow fuze well (proximal end, distal end, central longitudinal axis).
- Place the acceptor pellet's distal end in adjacent contact with the insensitive explosive fill.
- Place the donor pellet in intimate adjacent contact with the acceptor pellet's proximal end, with the donor axis NOT aligned with the acceptor axis.
- Initiate the donor, which shocks and initiates the acceptor pellet.
Dependent claims (for completeness): Claim 2 adds driving the detonation wave longitudinally proximal→distal through the TMD zones and into the fill; Claim 3 narrows the densification profile to a density gradient region of linearly increasing relative percent TMD from 81% to 95% plus a full density region of substantially constant 95%–97%. Claims 5 and 6 mirror those limitations onto the munition method of claim 4.
Key Disclosure Details (specification, not claim scope)
- Density profile: four zones 206A–206D, ~1 inch tall × ~1 inch diameter, each zone ~0.25 in thick: 206A ≈ 97→96%, 206B ≈ 96→95%, 206C ≈ 95→88%, 206D ≈ 88→81% TMD. Overall gradient ≈81% (proximal/input) to ≈97% (distal/output).
- Density gradient region 208 is defined as the proximal half (zones 206C + 206D); the distal half (206A + 206B) is the near-constant/full density region 210.
- Stated mechanism: collapsing micro-voids in the lower-density zones generate localized hot spots that accelerate shock-to-detonation transition, letting a lower-amplitude, shorter-duration stimulus reliably initiate an insensitive main fill.
- Manufacture: stepped multiple-press operation with varying loading pressures, or additive manufacturing of energetics.
- Single-pellet design is said to eliminate multiple explosive components in series, interface/tolerance stack-up, and a separate pellet housing.
- Beveled interface 106 transitions the outer surface to the proximal end (adhesion / anti-crumbling).
Cited prior art (7 references, per the record)
US 4,711,177 (auxiliary booster); US 4,788,913 (flying-plate detonator); US 5,275,106 (insensitive fuze train); US 5,786,544 (warhead protection during slow cook-off); US 5,854,439 (electrically initiating propellant charge); US 2011/0079162 A1 (Raytheon — warhead booster explosive lens); US 2015/0219428 A1 (Battelle — surface mount exploding foil initiator).
Uncertainty / data-quality notes
- No litigation or CAFC docket information was found for this patent; do not rely on this as a clearance or freedom-to-operate negative.
- The supplied specification text contains minor internal inconsistencies I did not "correct": FIG. 7 is identified as reference character 500 in one sentence and 700 in another; several zone callouts appear as "26A / 26B / 10B" (apparent typos for 206A / 206B / 100B); and FIG. 7 is described as "graphical representation (reference character 500)" despite the figure list assigning 700 to it.
- Related-but-distinct Navy filings appear in the "Similar Documents" list, including US 11,193,746 B1 ("Methods of initiating insensitive explosive formulations," 2021-12-07), US 11,187,500 B1 and US 11,293,733 B1 ("Firing trains"), and US 11,674,785 B1 ("Density gradient booster pellet for insensitive explosive formulations," 2023-06-13). These are separate patents — I did not verify their inventorship or claim scope, and they should not be conflated with US 11,287,238.
Generated 9/29/2026, 5:44:15 AM
Cases on file (0)
Specific litigation cases in our database that name US patent 11287238. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll search for litigation involving US patent 11287238.
Let me refine my searches with more specific queries.
The results so far are matching different patents. Let me run additional targeted searches.
Litigation Search Results for U.S. Patent No. 11,287,238
Bottom line: I found no litigation involving U.S. Patent No. 11,287,238.
What I searched and what I found
I searched for the literal patent number and its variants ("11287238," "US11287238," "11,287,238") against patent-litigation sources (including RPX/Unified-style litigation document aggregators, court dockets, and general web). The searches returned no case records naming this patent. Every apparent "hit" was a false positive for a different identifier:
| Result returned | Why it is NOT this patent |
|---|---|
| Eco Fiber Inc. v. David Kevin Vance and Yukon Packaging, LLC, W.D.N.C. Case No. 3:24-cv-00465-FDW-DCK | Concerns U.S. Patent No. 11,772,872 ("Insulated Container and Method of Forming and Loading an Insulated Container") — a completely different patent number and subject matter. |
| PubMed indentifier "11287238" (Clark ED, Curr Opin Biotechnol. 2001;12(2):202-7) | A biomedical literature PMID, not a patent. |
| Various unrelated district-court opinions (patent marking, willfulness, etc.) | Number coincidences, not citations to this patent. |
Context supporting the "no litigation" finding
- Owner is the U.S. Government. U.S. 11,287,238 lists the inventor as Nicholas H. Albrecht and the assignee/current owner as the U.S. Department of Navy (assigned to "THE UNITED STATES OF AMERICA, AS REPRESENTED BY THE SECRETARY OF THE NAVY"). It carries the standard federally-sponsored-research statement ("may be manufactured and used by or for the government of the United States of America for governmental purposes without the payment of any royalties thereon or therefor"). U.S. Government-owned patents are very rarely asserted in offensive district-court infringement suits — a practical reason to expect no litigation.
- Legal status is "Active," not litigation-flagged. The Google Patents page shows the patent as granted 2022-03-29, active, with a maintenance fee paid on 2025-08-13 (4th-year), and no litigation, reexamination, or PTAB (IPR/PGR) entries. Google Patents typically surfaces both litigation and PTAB challenges for asserted patents; none appear.
- No IPR/PGR or CAFC appeal surfaced in the results.
Important caveats
- My searches hit a step/tool limit before I could exhaustively query the Unified Patents litigation case list, PACER directly, and Docket Navigator. So this is a good-faith negative finding, not a certified exhaustive clearance. A negative result in free web search is not proof of no litigation.
- Patent disputes for government-owned defense/energetics patents would most likely arise under 28 U.S.C. § 1498 (claims for compensation against the U.S. in the Court of Federal Claims) rather than ordinary district-court infringement suits — a forum that free web search covers poorly.
Recommended next steps for a definitive answer
- Query PACER (Case Locator) and Court of Federal Claims dockets for "11,287,238" and for the patent's family.
- Query the Unified Patents litigation portal (portal.unifiedpatents.com/litigation) and PTAB for IPR/PGR/derivation proceedings.
- Search CAFC dockets for any appeal referencing the patent.
- Check the USPTO Patent Center "Legal Events"/assignment history and any adverse-proceeding tab for litigation or § 1498 references.
If you need a certified negative, I cannot give you one on the present record — I can only report that my searches produced no litigation naming U.S. Patent No. 11,287,238 and that all near-matches were for different patent numbers.
Generated 9/29/2026, 5:44:18 AM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured "no PTAB proceedings" finding against live sources before writing this up.
A near-match appeared (patent 11,212,838 — transposed digits). Let me run additional targeted checks to confirm and to rule out proceedings on this exact patent.
Let me check the sibling Navy patents for any PTAB pattern, and verify via CourtListener-style sources.
Proceedings overview
Total AIA trial proceedings on U.S. Patent No. 11,287,238: zero. The canonical source for this section — the structured "PTAB proceedings on file" block drawn from the USPTO Open Data Portal — states verbatim: "The USPTO ODP API returns no AIA trial proceedings for this patent as of the most recent ingest." My independent web checks of PTAB/P-TACTS materials, the Unified Patents PTAB portal, RPX Empower, and docket aggregators surfaced no IPR, PGR, CBM, or derivation proceeding naming this patent.
Breakdown: 0 active · 0 claims invalidated · 0 claims sustained · 0 settled · 0 institution-denied.
Bottom line for a defendant: the patent is entirely untested at the PTAB. All six claims (two independent, four dependent) stand exactly as issued on 2022-03-29. This gives you no free ammunition from prior Board rulings — but it also means the Board has never construed a single term of this specification, no petitioner has been estopped, and the full § 102/§ 103 art space remains open to you. That is the opposite of a hardened patent and the opposite of a dead one: it is a blank slate.
⚠️ Critical false-positive warning (do not conflate)
My searches repeatedly surfaced a proceeding that looks like this patent but is not:
| Field | What search returned | Why it is a different patent |
|---|---|---|
| Proceeding | IPR2025-00763 | Proceeding number belongs to a wireless-communications case, not this munitions patent |
| "Patent number" in the hit | 11,212,838 | Transposed digits relative to 11,287,238. Different patent, different owner, different art unit |
| Parties | OnePlus Technology (Shenzhen) Co., Ltd. v. Pantech Wireless, LLC | Navy/Abrecht patent has no such parties |
| Title | "Method and Apparatus for Releasing Shared Enhanced Dedicated Channel Resources" (3GPP/WTRU art) | US 11,287,238 is "Methods of initiating insensitive explosive formulations" |
| Status per sources | Filed 2025-05-14; instituted 2025-12-12; listed as Terminated-Settled | Irrelevant to this patent |
Sources for the near-match, so you can see the discrepancy directly: RPX Empower (https://litigation.rpxcorp.com/ptab/19133-oneplus-technology-v-pantech-corporation-et-al-ipr-of-838), GreyB/IPVerse (https://ipverse.greyb.com/ptab-web/cases/case-details/IPR2025-00763), and the Unified Patents PTAB judge page for Christopher L. Ogden (https://portal.unifiedpatents.com/ptab/judge/Christopher%20L.%20Ogden?type=author). Per the operating rule to interpret identifiers literally, I have not "corrected" 11,212,838 into 11,287,238. If any tool, AI summary, or vendor alert tells you this patent survived or settled an IPR, it is almost certainly reading the transposed number.
Per-proceeding detail
Not applicable — there are no proceedings to detail. No petition has been filed, so there is no institution decision, no FWD, no panel to name, no settlement, and no CAFC appeal to report. I will not fabricate a proceeding number, panel, or disposition to fill the template.
For completeness on the adjacent question already answered in the prior sections: the earlier CAFC/docket search likewise returned no 2026 Federal Circuit activity for this patent, and the litigation search returned no district-court or § 1498 case naming it. The PTAB-negative and the litigation-negative are mutually consistent.
Strategic summary
Claim status across all six claims: UNTESTED. Claims 1–6 have never been before the Board. There is no canceled claim, no surviving-as-amended claim, and no claim the Board has held patentable. Anyone telling a client that "claim 1 is dead" or that "the patent is hardened" is speculating. The dependent claims 2, 3, 5, and 6 — including the numerically specific recitations in claims 3 and 6 (density gradient region "linearly increasing relative percent TMD of 81 percent to 95 percent"; full density region "substantially constant relative percent TMD of 95 percent to 97 percent") — are live, narrow, and untested. If you are defending, those specific numeric ranges are where the § 112 written-description/enablement and § 103 battlegrounds most plausibly lie, but that is a prediction, not a Board holding.
Estoppel landscape: nothing attaches. Because no IPR/PGR has been instituted and no FWD has issued, 35 U.S.C. § 315(e)(2) estoppel is a null set — no petitioner, RPI, or privy is barred from anything. Every § 102/§ 103 ground, every reference, and every combination remains available to the first petitioner. Practically, this means there is no "second-mover advantage" or "first-mover penalty" dynamic here: whoever files first gets a clean shot with the full art universe. Note also that § 315(b)'s one-year bar runs from service of a complaint alleging infringement. This patent is government-owned (Secretary of the Navy), so the realistic assertion vector is 28 U.S.C. § 1498 in the Court of Federal Claims — and whether § 1498 service triggers the § 315(b) clock is a genuine open question I will not resolve by assertion. Flag it, don't rely on it either way.
Timing windows that have closed: PGR is unavailable — it requires filing within nine months of grant, and this patent granted 2022-03-29, so the PGR window closed on/about 2022-12-29. CBM is inapplicable; this is a munitions/energetics patent, not a "financial product or service" patent, and CBM's statutory scope never reached it. IPR is the only remaining AIA vehicle, and it remains fully open (no statutory deadline of its own, subject only to the § 315(b) analysis above).
Pattern signals: none to read. No petitioner has filed even once, so there is no repeat-petitioner pattern. The patent owner (Navy) has never had to defend a claim before the Board, so it has shown no litigious or appeal-prone posture. No defensive aggregator is in the chain — Unified Patents, RPX, and similar entities file against NPE-asserted high-tech patents; they do not run campaigns against U.S. Government-owned ordnance patents. That structural fact is the single best explanation for the zero-proceeding result.
The absence is itself a signal, but read it correctly. Well-asserted patents eventually attract IPRs — because assertion creates the incentive to file. This patent has never been asserted, and its owner cannot conveniently be countersued. Zero PTAB activity here therefore tells you the patent has not been commercialized-and-enforced in a way that provokes challenges; it does not tell you the claims are strong, and it does not tell you they are weak.
Recommended next steps
- Certify the negative before relying on it. The ODP/structured record is the canonical source and it says "none," but if you are putting this in a brief or an opinion, confirm directly at USPTO PTAB E2E / P-TACTS (
https://ptacts.uspto.gov/) by searching the patent number, and cross-check Docket Alarm's PTAB coverage (https://www.docketalarm.com/) and the Unified Patents portal (https://portal.unifiedpatents.com/ptab/). My own checks were web-search-limited and are a good-faith negative, not a certified one. - Guard the number. Add a standing note to your docket: US 11,287,238 ≠ US 11,212,838. The transposed-digit hit (IPR2025-00763, OnePlus v. Pantech) is indexed on multiple free platforms and will keep surfacing. If you're using automated alerting, alert on the full literal string and on applicant/inventor (Albrecht; Secretary of the Navy), not on fuzzy patent-number matching.
- If you intend to file: there is no § 315(b) bar of record, no § 325(d) overlap from a prior Board proceeding, and no estoppel against you. Your petition faces only the ordinary § 314(a) reasonable-likelihood standard plus the Director's discretionary-denial screen. Note that since 2025-02-28 the USPTO rescinded the Fintiv-based Interim Guidance and instituted a bifurcated Director-level discretionary process (see the interim workload-management guidance referenced in PTAB filings, e.g.
https://www.uspto.gov/sites/default/files/documents/guidance_memo_on_interim_procedure_recission_20250324.pdf). With no parallel litigation and a government patent owner, you have essentially none of the discretionary-denial risk factors — but you also have the ordinary problem that § 311(b) limits you to patents and printed publications, so any prior use or public-knowledge art from the ordnance community is unavailable at the PTAB and would have to be run in a district court or § 1498 action. - If a demand letter cites this patent: the correct answer is not "the claims are invalidated" (they aren't) and not "the Board upheld them" (it never looked). It is: all six claims are untested; the Board has never construed this specification; no estoppel exists against anyone; and the dependent claims carry very specific numeric density-range limitations (claims 3 and 6) that are the natural focus for a § 112 and § 103 attack.
- Sibling-patent check outstanding. The related Navy filings identified in the earlier sections — US 11,193,746 B1, US 11,187,500 B1, US 11,293,733 B1, and US 11,674,785 B1 — were not verified for PTAB activity; my search on that point hit the step limit before returning results. If you need the full family picture (e.g., to see whether a petitioner has attacked the family elsewhere), those four should be checked separately. I make no representation about their PTAB status.
Data-quality notes carried forward
- The structured "PTAB proceedings on file" block is the canonical list for this prompt and it is empty. Everything above is consistent with it.
- No proceeding number on this patent is known to me, and I have deliberately not invented one.
- The transposed-digit near-match (US 11,212,838 / IPR2025-00763) is the single most likely source of downstream error in any automated summary of this patent, including potentially my own earlier litigation searches. Treat any "11287238 has PTAB activity" claim as presumptively misattributed unless the source shows the full title "Methods of initiating insensitive explosive formulations" or the assignee "Secretary of the Navy."
Generated 9/29/2026, 5:44:48 AM
Ownership chain (1)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2020-12-02 · Assignment
Nicholas H. AlbrechtTHE UNITED STATES OF AMERICA, AS REPRESENTED BY THE SECRETARY OF THE NAVY
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll search the assignment record and related sources for this patent.
Let me try additional targeted queries for the assignment record.
Assignment & Ownership Analysis — US 11,287,238 B1
Data-access caveat up front: I was able to retrieve only the evidenced assignment event from the authoritative patent record and general sources. I could not load the Assignment Center / Assignment Search record for this patent to capture the reel/frame, correspondent of record, or execution-vs-recording dates — my tool calls hit a step limit before reaching the USPTO Assignment Search result page. Per the operating rules, I am not inventing reel/frame numbers or correspondent names. Everything below is marked by confidence level. Note also that as of 2025-09-27 the USPTO replaced the legacy Patent Assignment Search and Assignments on the Web with a single Assignment Search application inside Assignment Center, which affects reproducibility of older citation formats.
Inventors
| Inventor | Status | Employer at time of filing |
|---|---|---|
| Nicholas H. Albrecht | Sole named inventor | Not stated in the patent text. |
- The full patent text names exactly one inventor: Nicholas H. Albrecht. There are no joint inventors.
- The only ownership-relevant fact on the record is that he appears as assignor on the recorded assignment to the U.S. Government, i.e., "Assignors: ALBRECHT, NICHOLAS H." (Google Patents legal events entry, dated 2020-12-02). That establishes he transferred his rights to the Navy; it does not itself establish his employer.
- Employer finding: not determinable from the record provided. The combination of (a) a sole-inventor assignment to the Secretary of the Navy, (b) the standard federally-sponsored-research statement, and (c) the "as represented by the Secretary of the Navy" assignee phrasing is consistent with federal employment or a government-funded effort, but I did not verify a specific duty station, and I will not assert one.
- Departure pattern: not applicable / no signal. With a single inventor and a government assignee, the "all inventors departed within 12 months of filing" fire-sale precursor is structurally inapplicable. No evidence of inventor departure, and no assignment activity that would even allow such a pattern to be detected.
Limitation: I could not run an inventor-name search across other reels to see whether Albrecht appears as an assignor on other Navy patents in the same family — that cross-check would require the Assignment Center query I was unable to complete.
Original assignee
| Field | Value |
|---|---|
| Original assignee (as issued) | THE UNITED STATES OF AMERICA, AS REPRESENTED BY THE SECRETARY OF THE NAVY |
| Current assignee (Google Patents listing) | US Department of Navy |
| Entity type | Federal government agency (sovereign), not a commercial operating company |
| Primary "line of business" | National defense / munitions, fuzing and energetic materials R&D |
| Does it ship a product embodying the claims? | Not in the commercial sense. The claims recite a method of initiating an insensitive explosive fill in a munition (claim 4). The U.S. Government is the end user/practitioner of such methods through DoD munitions and fuzing programs, not a vendor selling the claimed method on the open market. |
| Current status | Ongoing / active — the agency is not acquired, dissolved, or in bankruptcy. Patent status: Active, 4th-year maintenance fee paid 2025-08-13; anticipated expiration 2040-12-02. |
Structural note (important for everything downstream): the patent carries the standard statement that the invention "may be manufactured and used by or for the government of the United States of America for governmental purposes without the payment of any royalties thereon or therefor." Combined with sovereign ownership, the only remedy path for an alleged infringer-recruiter is 28 U.S.C. § 1498 in the Court of Federal Claims — not ordinary district-court infringement. This is an anti-assertion structural feature, not an NPE feature.
Assignment timeline
The Assignment Center record was not retrievable in this session, so I cannot enumerate reel/frame entries. What the authoritative record does evidence is a single recorded conveyance:
- 2020-12-02 (recorded; execution date not exposed) — Reel/frame: NOT RETRIEVED ⚠️
- Conveyance: Assignment (assignment of assignor's interest — the reassignment entry reads "ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS)")
- Assignor: Nicholas H. Albrecht (sole inventor)
- Assignee: THE UNITED STATES OF AMERICA, AS REPRESENTED BY THE SECRETARY OF THE NAVY
- Correspondent: NOT RETRIEVED — I will not guess. (Note for follow-up: government obligation assignments of this type are typically recorded through the agency's own technology-transfer / Office of General Counsel channel or a Navy-employed practitioner rather than an outside NPE-side firm; that is a general expectation, not a record finding here.)
- Context: Original inventor-to-government assignment, executed concurrent with filing (filing date and assignment date are both 2020-12-02), i.e., a statutory/obligation assignment to the employer-agency, not an acquisition, fire-sale, securitization, or transfer-to-asserter.
No further recorded assignments appear. Google Patents' legal-events list for this patent shows only: (1) the 2020-12-02 assignment to the Navy, (2) the 2022-03-29 grant/publication, (3) the 2025-08-13 maintenance-fee event. There is no post-issuance transfer, no security agreement, no license recordation, no change of name, no release, and no correction on the visible record.
Finding: the assignment chain begins and ends at the U.S. Navy. The original assignee remains the current owner of record.
If a definitive reel/frame enumeration is required, the Assignment Center must be queried directly at the link in the Verdict section — I could not complete that query and am flagging it rather than fabricating.
Timeline diagram
timeline
title Ownership of US 11287238
2020 : Filed by Nicholas H Albrecht
: Assigned to US Navy
2022 : Patent issued to US Navy
2025 : Fourth year maintenance fee paid
NPE / troll-pattern signals
| # | Signal | Call | Basis |
|---|---|---|---|
| 1 | Shell-entity transfer | Not present | No record of any transfer to an "IP / Patents / Licensing / Holdings / Ventures" entity. Owner of record is a federal agency. No LLC, no registered-agent-service address, no single-member Delaware/Texas entity appears anywhere in the visible record. |
| 2 | Known asserter in the chain | Not present | Current and original assignee is the U.S. Navy. It matches none of the enumerated asserters (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities) and is not a commercial plaintiff. |
| 3 | Repeat correspondent across the chain | Unclear — not assessable | Correspondent of record was not retrieved (see caveat). With only one link in the chain, the "recurrence" test is inapplicable in any event — recurrence is the signal, and a single link cannot show recurrence. No finding either way. |
| 4 | Cascading transfers | Not present | Zero post-issuance transfers of any kind. No chained LLCs, therefore no shared correspondent addresses or common principals to test. |
| 5 | Pre-litigation transfer | Not present | No transfer at all, and no infringement suit naming this patent was found (consistent with the previously generated litigation section). With no triggering suit, the "assignment within 6 months before first suit" test has no event to attach to. |
| 6 | Bankruptcy fire-sale | Not present | No assignor/assignee bankruptcy. The U.S. Government cannot file Chapter 7/11, and the only assignor is an individual inventor. No reels from Kodak/Nortel/Polaroid-style proceedings appear. |
| 7 | Privateering | Not present | No operating company transferred to an NPE; the government retained ownership from filing onward. No SEC 10-K/8-K disclosure implicated (sovereign owner files none). |
| 8 | Defensive aggregator (anti-NPE) | Not present — but see note | The chain terminates at the U.S. Navy, which is not one of the listed aggregators (RPX, AST, LOT, Unified, OIN). I am therefore marking the signal itself not present rather than stretching the category. However, the practical effect approaches neutralization for the same reason the rubric cares about aggregators: sovereign ownership plus the § 1498 sole-remedy structure and the royalty-free government-use statement make offensive assertion by the owner structurally implausible. |
Aggravating/mitigating context not in the checklist: U.S. Government-owned patents are very rarely asserted in offensive district-court suits. The only realistic assertion vector would be a § 1498 compensation claim against the Government by a patentee — not something the Navy does as a plaintiff against a competitor using this patent.
Verdict
Insufficient data — chain consists of only the original assignment
Justification: The visible record shows exactly one conveyance — the inventor's 2020-12-02 assignment of Nicholas H. Albrecht's rights to THE UNITED STATES OF AMERICA, AS REPRESENTED BY THE SECRETARY OF THE NAVY — with no post-issuance assignments, no security interests, no license recordations, and no changes of name; Google Patents' legal events for US 11,287,238 show only that assignment, the 2022-03-29 grant, and the 2025-08-13 maintenance-fee payment. Under the rubric this is the "only the original assignment" case, so Insufficient data is the correct single answer. It would be wrong to call this an NPE finding on any confidence level: no shell-entity transfer, no known asserter, no cascading transfers, no pre-litigation transfer, no bankruptcy sale, and no privateering are present, and the owner is a sovereign agency rather than a licensing vehicle. I also decline to stretch "Defensive / non-asserting" — the chain does not terminate at RPX/AST/LOT/Unified/OIN, even though a government-owned, § 1498-only patent is functionally close to neutralized.
Residual uncertainty: reel/frame numbers and the correspondent of record were not captured; a direct Assignment Center query is required to close that gap, and a complete negative on licensing (as opposed to assignment) recordation cannot be certified from free sources, since licenses are often unrecorded.
Verify at: https://assignmentcenter.uspto.gov/ (Assignment Search, live since 2025-09-27) — search by patent number 11287238; legacy equivalent: https://assignment.uspto.gov/patent/index.html
Cross-references used: the previously generated Patent-Summary section (assignee = US Department of Navy; 6 claims; 2 independent; filed/granted dates; maintenance fee 2025-08-13) and the Litigation section (no litigation, no IPR/PGR/CAFC activity found). No contradictions between those sections and this assignment analysis — the "no post-issuance activity" ownership picture is mutually consistent with the absence of any litigation or PTAB record.
Generated 9/29/2026, 5:44:51 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research each cited prior-art reference for US 11,287,238. Let me pull details on the references from the patent record.
Now let me pull details on the remaining three cited references.
Prior-Art Analysis — U.S. Patent No. 11,287,238 B1
Patent under analysis: US 11,287,238 B1, "Methods of initiating insensitive explosive formulations," App. No. 17/109,691, filed 2020-12-02, granted 2022-03-29, inventor Nicholas H. Albrecht, assignee U.S. Dept. of the Navy. 6 claims (independent claims 1 and 4).
Database note (per the strict-ID rule): I verified the record for the exact number 11287238 (Google Patents / USPTO PatentCenter mirror). No similar-number substitutions are used below. The seven references the Office cited against this patent are reproduced exactly as listed in the patent's "Patent Citations (7)" table, with their own priority/filing and publication dates taken verbatim from the record and cross-checked against the individual Google Patents / FPO / OSTI pages.
1. Bottom line up front
None of the seven cited references anticipates any of claims 1–6 under 35 U.S.C. § 102.
The reason is structural, not marginal. Every independent claim requires, as an element, an insensitive cylindrically-shaped acceptor explosive pellet made of "a plurality of relative percent theoretical maximum density (TMD) zones" that increase in relative percent TMD from the proximal (input) end to the distal (output) end — i.e., a density-gradient booster pellet — together with a donor pellet whose central longitudinal axis is not aligned with the acceptor pellet's axis. Not one of the seven references discloses a density-gradient pellet, a relative-percent-TMD zoned pellet, or the misaligned-axis donor/acceptor geometry. They are properly characterized as § 102 background art (establishing the field: boosters, firing trains, insensitive munitions, slappers/EFIs) and as § 103 art, not as anticipatory references.
I flag this explicitly because the question as posed ("which claim(s) it potentially anticipates") presumes anticipation exists. On this record it does not; the honest answer is "none." Where a reference is closest to a claim, I say so and explain why it still falls short.
2. The seven cited references — full citations, dates, and descriptions
| # | Citation | Filing / priority date | Publication / grant date | Assignee | Briefly |
|---|---|---|---|---|---|
| 1 | US 4,711,177 A — "Auxiliary booster" | 1986-08-06 (App. 06/893,846) | 1987-12-08 | U.S. Air Force | Booster + auxiliary booster + tapered metal liner to relay and amplify a detonation wave into an insensitive high-explosive (IHE) main charge in a Mk-80-series bomb. |
| 2 | US 4,788,913 A — "Flying-plate detonator using a high-density high explosive" | 1971-06-02 (App. 05/150,950) | 1988-12-06 | U.S. Dept. of Energy (AEC/LLNL) | Foundational slapper/flying-plate (EFI) detonator; exploding foil drives a flyer into a high-density BTF pellet. |
| 3 | US 5,275,106 A — "Insensitive fuze train for high explosives" | 1992-06-11 (continuation of 07/897,149) | 1994-01-04 | U.S. Dept. of Energy (LLNL) | Multi-stage insensitive fuze train: slapper → HNS-IV/PETN → UF-TATB booster → LX-17 → PBXW-124 insensitive main charge. |
| 4 | US 5,786,544 A — "Warhead protection device during slow cook-off test" | 1994-03-02 (CIP of 08/370,810, filed 1995-01-10) | 1998-07-28 | State of Israel – Ministry of Defence, Rafael | Pyrotechnic pellet + composite-covered vent holes to force non-propulsive burning of a warhead during IM slow cook-off. |
| 5 | US 5,854,439 A — "Method for electrically initiating and controlling the burning of a propellant charge and propellant charge" | 1994-06-17 | 1998-12-29 | Forsvarets Forskningsanstalt (Swedish Natl. Defence Research Inst.) | Electrical initiation/control of propellant (burning) — not a detonative high-explosive train. |
| 6 | US 2011/0079162 A1 — "Warhead booster explosive lens" | 2006-08-29 (PCT/prov. priority; also issued as US 8,037,822 B2 and US 7,921,775 B1) | 2011-04-07 (pub.) | Raytheon Company | Booster + shaped "explosive lens" in the fuze well to concentrate the booster pressure wave above the warhead's detonation threshold to reliably detonate an IM warhead explosive. |
| 7 | US 2015/0219428 A1 — "Surface mount exploding foil initiator" | 2014-02-05 | 2015-08-06 | Battelle Memorial Institute | Surface-mountable EFI package (initiator hardware). |
Verification caveat (explicit): For references 1–4 and 6 I retrieved and read the full descriptive text/abstract. For references 5 (US 5,854,439) and 7 (US 2015/0219428) I hit the tool/step limit before retrieving body text; its dates, title, and assignee above are taken directly from the patent's own citation table, and I have not independently confirmed internal disclosure details. Treat those two descriptions as title-level only.
3. Claim-by-claim § 102 mapping
To anticipate, a reference must disclose every element of the claim, arranged as claimed. I map each reference against the two independent claims and the four dependents.
The novelty-defining elements
- E1 — gradient pellet: acceptor pellet with a plurality of relative percent TMD zones, increasing relative percent TMD proximal→distal (claims 1, 4); specified in claims 3/6 as a linear 81 %→95 % gradient region plus a constant 95 %–97 % full-density region.
- E2 — trade-off: sensitivity decreases and explosive output increases proximal→distal (claims 1, 5).
- E3 — non-aligned axes: donor pellet axis not aligned with acceptor pellet axis (claims 1, 4).
- E4 — the train: donor in intimate adjacent contact with acceptor proximal end; acceptor distal end adjacent to insensitive fill; initiate donor → shock → initiate acceptor → detonation wave into fill (claims 1, 2, 4, 5).
| Ref. | Discloses E1 (TMD gradient)? | Discloses E2? | Discloses E3 (non-aligned)? | Discloses E4 (train)? | Anticipates any claim? |
|---|---|---|---|---|---|
| US 4,711,177 | No | No | No | Partly (booster→main charge) | No |
| US 4,788,913 | No | No | No | Partly (detonator→pellet) | No |
| US 5,275,106 | No | No | No | Largely (full insensitive train) | No |
| US 5,786,544 | No | No | No | No (thermal safety) | No |
| US 5,854,439 | No | No | No | No (propellant ignition) | No |
| US 2011/0079162 | No (uses a lens) | No | No | Largely (munition/fuze well/booster) | No |
| US 2015/0219428 | No | No | No | Partly (initiator only) | No |
4. Per-reference analysis (relevance to specific claims)
Ref. 1 — US 4,711,177 A (Auxiliary booster; USAF)
- Citation/date: US 4,711,177 A; filed 1986-08-06; granted 1987-12-08; App. 06/893,846; inventors J. C. Foster, Jr. and A. G. Bilek; assignee U.S. Air Force.
- Description: Adds one or more auxiliary booster charges and a tapered metal liner in the fuze well between a standard booster and an IHE main charge. The booster's planar detonation wave ignites the auxiliary charge; the combined energy drives the tapered liner at hypervelocity into the fuze-well end to enhance initiation of the insensitive main charge. Addresses the same problem as the patent (reliably initiating IHE).
- § 102 relevance to claims 1–6: None anticipatory. It discloses a booster adjacent an insensitive main charge and detonation-wave amplification, but the amplification mechanism is a metal-liner jet/"vaporific" effect — not a density-graded explosive pellet. It has no plurality of relative-percent-TMD zones (E1), no proximal-to-distal sensitivity/output trade-off (E2), and no misaligned donor axis (E3). It could at most support a § 103 obviousness argument that "amplifying detonation transfer into insensitive explosives via booster geometry" was known — but the claimed density-gradient solution is absent.
Ref. 2 — US 4,788,913 A (Flying-plate detonator; US DOE/LLNL)
- Citation/date: US 4,788,913 A; filed 1971-06-02; granted 1988-12-06; App. 05/150,950; inventors J. R. Stroud and D. L. Ornellas; assignee U.S. DOE. Widely credited as the origin of the slapper/EFI detonator.
- Description: A thin metal foil is electrically exploded; the expanding plasma shears a flyer from an overlying film across a gap; the flyer strikes a high-density explosive pellet (benzotrifuroxan, BTF) that detonates an associated main charge. Notable here because it recites a high-density pellet and emphasizes thermal stability.
- § 102 relevance: None anticipatory. It is initiator hardware. The "high-density" pellet is a single homogeneous pellet — the opposite of the claimed density-gradient, multi-zone pellet (E1). No zoned TMD profile, no non-aligned donor axis (E3). Claim 1's "initiating" step (E4) and claim 4's hardware context are touched generically at most; no claim is anticipated.
Ref. 3 — US 5,275,106 A (Insensitive fuze train for high explosives; US DOE/LLNL)
- Citation/date: US 5,275,106 A; filed 1992-06-11; granted 1994-01-04; continuation of Ser. No. 07/897,149; inventors include J. L. Cutting and W. G. Von Holle (R. S. Lee also appears as an inventor on the granted patent); assignee U.S. DOE.
- Description: A generic insensitive fuze train to initiate PBXW-124. A slapper foil initiates sub-gram HNS-IV or PETN; that drives a larger metal slapper onto an insensitive booster (UF-TATB); the booster initiates LX-17; LX-17 initiates the insensitive main charge. It expressly discusses the difficulty of intentionally initiating insensitive munition fills with large failure diameters.
- § 102 relevance: This is the closest reference to the environment of claims 1/4 and 4/5 — it is literally a multi-stage train in which an insensitive booster charge initiates a larger charge that initiates an insensitive high-explosive fill. But it is missing the single most-claimed limitation: the acceptor/booster is a homogeneous UF-TATB pellet, not a pellet having a plurality of relative percent TMD zones with increasing density (E1). It also uses a series of separate explosives rather than the patent's single gradient pellet, and says nothing about a proximal→distal output/sensitivity trade-off (E2) or a misaligned donor axis (E3). No anticipation of any claim. It is, however, strong § 103 evidence of the state of the art in insensitive firing trains.
Ref. 4 — US 5,786,544 A (Warhead protection during slow cook-off; Rafael/Israel)
- Citation/date: US 5,786,544 A; filed 1994-03-02; granted 1998-07-28; CIP of Ser. No. 08/370,810; assignee State of Israel – Ministry of Defence, Rafael.
- Description: A thermal-safety device: a pyrotechnic pellet (ignition ≥130 °C) inside a tube whose vent holes are covered by a composite that loses strength below the pellet ignition temperature, producing pressure relief and non-propulsive burning of the warhead during the IM slow cook-off test.
- § 102 relevance: None — no claim. This reference is directed to preventing detonation (deliberate deflagration/venting under thermal insult). It discloses no booster geometry, no adjacent-contact donor/acceptor pellet, no density gradient (E1), and no initiation train (E4). It appears in the citation list only as IM-context background. It cannot anticipate any claim, and its § 103 value is weak (different problem: thermal violence reduction, not detonation reliability).
Ref. 5 — US 5,854,439 A (Electrically initiating/controlling propellant burning; Forsvarets Forskningsanstalt)
- Citation/date: US 5,854,439 A; filed 1994-06-17; granted 1998-12-29; assignee Forsvarets Forskningsanstalt (Sweden).
- Description (title-level only — see caveat above): Concerns electrical initiation and control of the burning of a propellant charge and the propellant charge itself — a deflagration/burning application, not detonative high-explosive initiation.
- § 102 relevance: None — no claim. Propellant burn control is a different physical regime from shock-to-detonation transfer in an insensitive acceptor pellet. No density-gradient pellet (E1), no misaligned donor/acceptor axes (E3), no firing-train elements (E4). Background/context only.
Ref. 6 — US 2011/0079162 A1 (Warhead booster explosive lens; Raytheon)
- Citation/date: US 2011/0079162 A1; priority 2006-08-29; published 2011-04-07; assignee Raytheon Company (same family as US 8,037,822 B2 and US 7,921,775 B1).
- Description: Places a shaped booster "lens" in the fuze well between the booster and the closed end of the well to concentrate the booster pressure wave (radially or axially) so its peak pressure exceeds the warhead explosive's detonation threshold, thereby reliably detonating an IM warhead explosive whose threshold was raised for safety. Expressly works in the munition/fuze-well/booster/insensitive-warhead architecture.
- § 102 relevance: This is the most relevant reference to claim 4's installed-hardware environment (munition with fuze well, booster, insensitive warhead fill) and to the problem statement the '238 patent addresses. But it solves reliably-detonating-IM-explosive by geometric wave concentration via a booster lens, whereas claim 4 (and 1) require the density-gradient multi-zone acceptor pellet (E1) and the non-aligned donor axis (E3). It discloses neither. No anticipation of any claim. It is nonetheless a first-rate § 103 reference: a skilled artisan seeking to improve detonation transfer into insensitive fills in a fuze well would be motivated to combine this teaching — but the claimed means (relative-percent-TMD zones) is not taught or suggested.
Ref. 7 — US 2015/0219428 A1 (Surface mount exploding foil initiator; Battelle Memorial Institute)
- Citation/date: US 2015/0219428 A1; filed 2014-02-05; published 2015-08-06; assignee Battelle Memorial Institute.
- Description (title-level only — see caveat above): A surface-mountable EFI package — initiator/detonator hardware.
- § 102 relevance: None — no claim. Initiator packaging only. It touches at most the generic "initiating the donor" step (E4's last act), and discloses no gradient pellet (E1), no trade-off (E2), and no non-aligned donor axis (E3). It does not anticipate any claim.
5. What the record does and does not establish about novelty
- The single distinguishing limitation across every claim is the density-graded acceptor pellet (E1), reinforced by the misaligned donor axis (E3) and the sensitivity/output trade-off (E2). The examiner cited seven references that are all in the booster / firing-train / initiator / IM-safety art, none of which discloses a relative-percent-TMD gradient pellet. That is consistent with the patent's stated advance: replacing multiple discrete booster stages with one density-gradient pellet, and tailoring micro-void hot-spot formation to accelerate shock-to-detonation transition.
- The two DOE/LLNL references (Refs. 2 and 3) and the Raytheon lens reference (Ref. 6) are the most substantive. Ref. 3 is closest on train architecture; Ref. 6 is closest on environment and problem. Neither supplies the claimed gradient means.
- The remaining four (Refs. 1, 4, 5, 7) are contextual: booster amplification, thermal safety, propellant ignition, and EFI packaging. They bear on the field but not on the claimed subject matter.
Anticipation conclusion: On the present record, no cited reference anticipates claims 1–6, and I would also expect the dependents (claims 2, 3, 5, 6 — detonation-wave driving and the 81 %→95 % / 95 %–97 % density profile) to be clear of these references for the same reason: the 81 %–97 % relative-percent-TMD gradient itself is nowhere disclosed.
6. Caveats and limitations (stated explicitly, not hedged)
- § 102 vs. § 103. The task asked for anticipation under § 102. My finding is a no-anticipation finding for all seven references. A separate § 103 obviousness analysis — particularly combinations built on Ref. 3 (insensitive train) + Ref. 6 (fuze-well booster lens) + Ref. 2 (high-density pellet detonators) — is the more realistic attack surface and is not the § 102 question posed. I do not assert here that such a combination does or does not render the claims obvious; that would require the full file-wrapper record (Office Actions, applicant remarks) which I have not retrieved.
- Two references verified only at title level. US 5,854,439 and US 2015/0219428 were not full-text-retrieved before I reached the tool-step limit. Their descriptions are title-level, and conclusions about them rest on their titles/assignees as recorded in the patent's own citation table.
- Record source. All dates and assignees are taken from the patent's "Patent Citations (7)" and "Patent Citations (7)" (duplicated) tables plus the individual Google Patents / FreePatentsOnline / OSTI pages; these are not a substitute for the certified USPTO file wrapper, and I have not confirmed the references' entire disclosure content beyond what is quoted above.
- No new prior art introduced. I was asked to analyze "each patent citation for 11287238," and I limited the analysis to the seven references on the face of the patent. I did not conduct an independent prior-art search, so this is not a novelty or patentability opinion.
- Cross-section consistency with earlier sections. This analysis is consistent with the previously generated summary and litigation sections (same patent, same 7-reference list, same assignee/inventor data). No contradiction arises; the earlier note that no litigation or CAFC docket activity was found for this number stands and is unaffected by the prior-art work here.
Generated 9/29/2026, 5:45:04 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground the "outside-the-record" portions of this § 103 analysis with a couple of targeted searches on graded-density energetic materials before writing.
The search surfaced several potentially decisive references outside the examined record. Let me pin down the most important one — a graded-density booster patent — plus the priority of the layered-detonator publication.
Obviousness Analysis Under 35 U.S.C. § 103 — US 11,287,238 B1
Patent: US 11,287,238 B1, "Methods of initiating insensitive explosive formulations," App. 17/109,691, filed 2020-12-02, granted 2022-03-29, inventor Nicholas H. Albrecht, assignee U.S. Navy. Claims 1–6 (independent 1, 4).
Building on the Prior-Art section above, not repeating it: that section concluded no anticipation under § 102 by any of the seven cited references. That conclusion stands. This section addresses the different question — § 103, where the references are combined rather than read individually — and it changes the picture materially, because the single most on-point reference in the field was apparently never before the examiner.
Strict-ID compliance note: all identifiers below are reproduced exactly as retrieved. Where I could not verify a field (assignee, inventor, or full text), I say so rather than filling it in.
1. Legal framework applied
Because the effective filing date is 2020-12-02 (post-AIA), AIA §§ 102/103 govern. I apply the Graham v. John Deere framework (scope/content of art; differences; PHOSITA level; secondary considerations) as refined by KSR Int'l v. Teleflex, and the enumerated rationales of MPEP 2143 (A)–(G): combining known elements according to known function; substitution of one known element for another to obtain a predictable result; use of a known technique to improve a similar device in the same way; "obvious to try" with a finite number of identified, predictable solutions; design incentives/market forces; and the In re Aller / In re Applied Materials line on optimizing a recognized result-effective variable.
2. Element map (cross-referenced to the claim text)
| ID | Limitation | Claims |
|---|---|---|
| E1 | Acceptor = cylindrically-shaped pellet, proximal/distal ends, central axis, plurality of relative-percent-TMD zones increasing proximal→distal | 1, 4 |
| E2 | Sensitivity decreases and explosive output increases proximal→distal | 1, 5 |
| E3a | Donor in intimate adjacent contact with proximal end | 1, 4 |
| E3b | Donor axis NOT aligned with acceptor axis | 1, 4 |
| E4 | Acceptor distal end adjacent to insensitive explosive fill (munition/fuze-well context in cl. 4) | 1, 4 |
| E5 | Initiate donor → shock stimulus → initiate acceptor → detonation wave longitudinal through zones into fill | 1, 2, 4, 5 |
| E6 | 81%→95% linear gradient region + 95%–97% constant full-density region | 3, 6 |
3. The decisive finding: graded-density booster art outside the record
My searches surfaced a reference that is squarely on E1 and E2 and that does not appear in the "Patent Citations (7)" table:
US 4,331,081 — "Explosive booster" (issued 1982-05-25)
Sources: https://patents.google.com/patent/US4331081 ; PDF: https://patentimages.storage.googleapis.com/d5/dd/26/0baff7a1d64963/US4331081.pdf ; issue-date confirmation in the F42C19 classification sitemap: http://www.google.com/patents/sitemap/en/Sitemap/F42/F42C/F42C_19_23.html
Verbatim-relevant disclosures:
- "This invention relates to an explosive booster used for the detonation of explosive compositions which are insensitive to detonation by ordinary blasting caps." → same problem statement as the '238 patent.
- "the booster of the present invention comprises an elongated TNT casting of gradually increasing density from end to end." → E1 (longitudinal density gradient in a booster).
- "the booster of the invention is preferably adapted for the convenient attachment or insertion of the initiating cap or detonating cord against or within the most sensitive low density portion of the casting." → E2 (input end = lowest density = most sensitive; output end = highest density = maximum output).
- Critically: the reference identifies the impedance-discontinuity/reflection problem — "the density difference at the interface between the low density TNT and an adjacent insensitive explosive, creates an impedance discontinuity which tends to reflect away a substantial amount of the energy of the detonation wave… To overcome this difficulty, the booster of the present invention comprises an elongated TNT casting of gradually increasing density from end to end." → This is the same rationale the '238 specification recites, verbatim in substance: "The smooth transition prevents an abrupt density change, which could cause an unwanted inducement of a reflection or rarefaction wave."
- Manufacturing: discrete voids via "glass microspheres," expanded vermiculite, whipped-in air, or gas generators, settling to produce "a gradual decreasing density from top to bottom." → micro-void hot-spot sensitization is the disclosed mechanism, matching '238's stated theory.
Caveat (stated, not hedged): I retrieved only the Google Patents "Definitions"/description extract of US 4,331,081 plus its PDF header — not its full claims or figures, and not its inventor or assignee. My characterization rests on the quoted passages above.
Other outside-the-record teachings on density gradients
- EP 0 365 503 B1, "Initiating element for nonprimary explosive detonators" (https://patents.google.com/patent/EP0365503B1/en): discloses a secondary-explosive element whose density varies longitudinally — "Density in the lower density end may be between 10 and 50, preferably between 20 and 40%, of crystal density and in the highe[r]…" — i.e., low-density input end → higher-density output end within one pressed element, with worked examples at ~1.0–1.5 g/cc. § 102(a)(1) art.
- US 2024/0167800 A1, "Low-voltage primary-free detonator" (https://patents.google.com/patent/US20240167800A1/en): claims and describes a multilayered main explosive load with "a density gradient… from lower to higher density" comprising first/second/third/fourth layers of increasing pressed density moving from the initiation end toward the closed/output end (¶¶ [0050]–[0052]). Timing caveat: its chain is a continuation of Ser. 17/926,178 (2022-11-18), national-stage of PCT/EP2021/063339 filed 2021-05-19 — i.e., after the '238 filing date. It is therefore not § 102(a)(1) art. It could be § 102(a)(2) art only if its claimed U.S. provisional predates 2020-12-02 — an unverified possibility that a petitioner should check before relying on it. Treat it as corroborating evidence of the state of the art, not as art of record.
- Sandia graded-density reactive-burn modeling (Damm & Tuttle, AIP Conf. Proc. 2844, 290002, 2023-09-26, https://pubs.aip.org/aip/acp/article/2844/1/290002/[2912863](/patent/2912863)/) — post-dates the filing, but it states that explosives are "graded in density, sometimes due to pressing or other assembly operations," and its reference list cites "The Effect of Gradients in HMX/TNT Content and Porosity on Shaped Charge Jet Characteristics," 11th Int'l Symposium on Ballistics, Brussels, 1989 — evidence that compositional/porosity gradients in explosives were a studied design variable well before 2020.
4. § 103 combinations
Combination A — the primary ground: US 4,331,081 + US 5,275,106 + US 2011/0079162
| Element | Supplied by |
|---|---|
| E1 (TMD gradient, increasing toward output) | US 4,331,081 |
| E2 (sensitive/low-density input; high-output/dense output) | US 4,331,081 |
| E4 + fuze-well/munition context (cl. 4) | US 2011/0079162 (Raytheon booster lens in the fuze well above an IM warhead explosive whose detonation threshold was raised for safety) |
| Insensitive fuze-train architecture (booster → insensitive fill) | US 5,275,106 (slapper → HNS-IV/PETN → UF-TATB → LX-17 → PBXW-124) |
| E5 | Inherent in the arrangement; initiation of a booster to detonate an adjacent charge is the universal function of a firing train |
| E3b (non-aligned axes) | Not supplied by any reference I located — see §5 |
Motivation to combine (why a PHOSITA would):
- Same field of endeavor, same problem, same solution. All three references address reliably initiating an insensitive explosive. US 4,331,081 opens by naming that exact problem, and its graded-density booster is the same solution the '238 patent claims. Under KSR, "if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious."
- Known element performing its known function. Feeding a low-density, void-containing, more-sensitive end of a booster from an initiator and letting density rise toward the output face is described in US 4,331,081 as producing the very benefit '238 asserts (avoiding reflection/rarefaction at the density discontinuity). The '238 specification's "smooth transition" rationale is thus not a new insight.
- Express design incentive. US 4,331,081 itself criticizes multi-component boosters ("additional manufacturing steps… additional risk or hazard factor") and proposes a single graded casting. The '238 patent claims the same advantage ("a single density gradient booster pellet… eliminates multiple explosive components in series and the complications of assembly and multiple interfaces"). That is a textbook MPEP 2143(D)/(F) design-incentive rationale operating in the same direction as the invention.
- Applicant's own admissions. The specification states as field knowledge that "a primary factor affecting shock sensitivity is density. Shock sensitivity is inversely proportional to density," and that the gradient "is incorporated… and controlled by means of a multiple pressing operation" (or additive manufacturing of energetics). These are admissions that (a) density is a recognized result-effective variable for sensitivity, and (b) the fabrication technique for producing discrete-density layers existed.
- Reasonable expectation of success. US 4,331,081 reports functioning boosters (cap-sensitive input; adequate output to initiate an adjacent insensitive blasting agent). Adding the fuze-well context of US 2011/0079162 and the train architecture of US 5,275,106 is a matter of ordinary engineering adaptation, not invention.
Combination B — cumulative: US 4,331,081 + EP 0 365 503 B1
Two independent references each teach a longitudinal low-density→high-density gradient within a single pressed/cast explosive element, each for the purpose of ensuring a reliable initiation transition from a weak input to a strong output. Motivation: a PHOSITA seeking to make an insensitive acceptor pellet initiate more readily from a donor would look to initiator/booster art that already solved the "weak input, need strong output, single element" problem — and would find it in both. This combination independently establishes E1/E2 without depending on US 5,275,106.
Combination C — motivation-focused: US 4,331,081 + US 4,711,177
US 4,711,177 teaches amplifying a booster's output into an IHE main charge using auxiliary booster charges and a tapered metal liner — i.e., a multi-component solution to the same problem. Substituting US 4,331,081's single graded cast booster for the multi-component auxiliary-booster/liner stack would have been obvious to try: US 4,331,081 expressly touts single-component construction over multi-component boosters on cost and hazard grounds, and US 4,711,177's own burden (extra components in the fuze well) supplies the incentive. This is the strongest "why combine" story for claim 4's packed-fuze-well environment.
Non-starters (consistent with the prior section)
- US 5,786,544 — directed to preventing detonation (vented non-propulsive cook-off burning). Non-analogous problem; at best neutral, more plausibly a teaching-away reference for a patentee.
- US 5,854,439 — propellant deflagration control; different physical regime. (Title-level verification only, per the prior section's caveat.)
- US 2015/0219428 — EFI packaging; touches only the generic "initiate" step.
Combination D — with the DOE references (cautionary)
US 4,788,913 + US 5,275,106 establish that pellet density is a known design variable in initiator/booster pellets, which supports the "obvious to optimize" argument. But US 4,788,913 emphasizes a high-density, homogeneous pellet (BTF) for a detonator, and US 5,275,106 uses homogeneous UF-TATB/LX-17 stages. To the extent these teach that the art's direction was toward uniform high density, a patentee will argue they teach away from deliberately incorporating 81%-density micro-void-bearing zones into a fuze-train pellet. That teaching-away argument is not frivolous, but it is answerable: US 4,331,081 shows the field simultaneously recognized that a graded booster outperforms a uniform one for the specific job of initiating an insensitive charge, and that the micro-void/low-density end is what makes the booster cap-sensitive.
5. The one unmet limitation — E3b (non-aligned donor/acceptor axes)
This is the honest weak point of every combination above, and it is worth stating plainly:
- None of the seven cited references discloses it. I also did not locate a specific reference teaching a donor pellet in intimate end-face contact while its longitudinal axis is misaligned with the acceptor's.
- The general concept of an out-of-line (O/L) initiation geometry — where an initiator's axis is deliberately not aligned with the next charge in the train, as a safety feature in fuze safety-and-arming devices — is long-standing ordnance practice, and a petitioner could argue (MPEP 2143(A)/(C): known technique; predictable variation) that offsetting the donor is an obvious design choice in an IM fuze well. But I am not asserting a citation for that art, because I did not retrieve one. Without such art, E3b stands.
- Compounding the difficulty for a petitioner, the '238 specification attributes no function or advantage to the misalignment. FIGS. 3–4 show the aligned embodiment; FIGS. 5–6 show the offset. A claim limitation that carries no articulated benefit is a strong candidate for an "obvious design choice / change in configuration" attack — while simultaneously being vulnerable to a § 112(a) written-description challenge, since the specification frames non-alignment as a mere "variation."
6. Claim-by-claim § 103 assessment
| Claim | Prima facie § 103 on the art I located? | Reasoning |
|---|---|---|
| 1 | Nearly — blocked only by E3b. | E1/E2 met by US 4,331,081; E4/E5 met by US 4,331,081 + US 5,275,106. The non-aligned-axis limitation is unmet by any reference I found. |
| 2 | Yes, if claim 1 falls. | Driving the detonation wave through the zones into the fill is the inherent result of initiating a gradient pellet abutting a fill. |
| 3 | Contestable. | The 81%→95% / 95%–97% ranges are not disclosed by US 4,331,081 (its low-density TNT end is ≤1 Mg/m³ ≈ ~60% of TNT's ~1.65 g/cc crystal density) or EP 0 365 503 (10–50% of crystal density). No reference overlaps the claimed ranges. But dense-pellet density is indisputably a result-effective variable, so the examiner's available rationale is In re Aller/In re Applied Materials "obvious to optimize." That rationale is rebuttable only with criticality/unexpected-results evidence — and the specification contains no data, no comparative examples, and no stated criticality for the 81% floor or the 95% ceiling. |
| 4 | Nearly — blocked only by E3b. | Environment supplied by US 2011/0079162 (fuze well, IM warhead) + US 4,711,177 (fuze-well booster into IHE) + US 4,331,081 (gradient). |
| 5 | Yes, if claim 4 falls. | Mirrors claim 2. |
| 6 | Contestable, same as claim 3. | Same optimization rationale; same absence of criticality data. |
7. Patentee's best counterarguments (assessed)
| Counterargument | Strength |
|---|---|
| E3b is wholly absent from the art | Strong — the single most defensible limitation; also narrows claim scope so that an aligned-axes (FIGS. 3–4) design avoids infringement entirely. |
| Non-analogous art: US 4,331,081 is commercial blasting (cast TNT, borehole priming), not ordnance fuzing | Weak. The analogous-art test looks to the problem (initiating an insensitive explosive with a booster) and the field (explosive boosters/initiation); both match. And the '238 claims recite no specific explosive formulation. |
| Teaching away: US 4,788,913/US 5,275,106 favor homogeneous high-density pellets, and IM practice disfavors porosity | Moderate on the record as a whole, weak against Combination A because US 4,331,081 independently shows the field embraced graded, void-bearing boosters for exactly this purpose. |
| Criticality of the 81%→97% window (claims 3/6) | Weak on this record — no data, no criticality statement. Would require a Rule 132 declaration showing unexpected results. |
| Secondary considerations (long-felt need, IM compliance difficulty) | Potentially useful — "Explosives are becoming more insensitive… meeting detonation reliability requirements is becoming more difficult" is a candid long-felt-need statement. But nexus to the claimed (misaligned-axis) scope, and any evidence of industry adoption, would be required. |
8. Bottom line
- The § 102 analysis in the prior section is unaffected — no cited reference anticipates. But the § 103 picture is different and considerably less favorable to the patent.
- US 4,331,081 ("Explosive booster," 1982) is the art the examiner appears to have missed. It discloses a longitudinal density-gradient booster with a sensitive low-density input end and a dense high-output end, expressly to avoid the impedance-discontinuity/rarefaction problem at the interface with an adjacent insensitive explosive — the same problem and the same rationale the '238 specification advances. Combined with US 5,275,106 (insensitive fuze train) and US 2011/0079162 (fuze-well booster above an IM fill), it supplies E1, E2, E4 and E5 of claims 1 and 4, with an express design incentive (single graded pellet replacing multi-component stages) that the patent itself claims as an advantage.
- The single limitation holding claims 1/4 up is E3b — the misaligned donor/acceptor axes, which is not taught by any reference I located, is the limitation with the thinnest written-description support, and produces no stated technical benefit. Add petitioner art on out-of-line/offset initiator placement (or an "obvious design choice" argument, which the absence of any attributed benefit makes viable), and claims 1, 2, 4 and 5 become materially vulnerable. Claims 3 and 6 are vulnerable to a pure optimization theory in light of the specification's own admission that sensitivity is inversely proportional to density, and its lack of any criticality data.
- § 311(b) eligibility: US 4,331,081 and EP 0 365 503 B1 are patents/printed publications, so they can be run at the PTAB. Combined with this analysis's earlier finding of zero PTAB proceedings and no § 315(e) estoppel against anyone, this art set is a viable, clean-slate petition basis — subject to the § 315(b) timing question already flagged for a government-owned patent.
- Adjacent note: the same-day sibling application Ser. 17/109,626 (issued as US 11,674,785 B1, "Density gradient booster pellet for insensitive explosive formulations," same inventor/assignee) claims the apparatus counterpart with the same 81%–95%/95%–97% ranges. It is not prior art against '238, but it means an adverse § 103 outcome on claims 3/6 would carry across the family.
9. Verification limits and caveats
- US 4,331,081 was not fully retrieved. My analysis rests on the Google Patents description extract, the PDF header, and the classification sitemap (issue date 1982-05-25). Its inventor, assignee, and full claims were not captured, and I did not confirm whether it was itself cited or overcome during prosecution of '238 (whose file-wrapper Office Actions were not retrieved in this or the prior section).
- US 4,331,081 is not among the seven references on the face of '238. If it was before the examiner and overcome by argument, my prima facie assessment would need to be revisited; the file wrapper is required to know.
- US 2024/0167800 A1 is not § 102(a)(1) art on the record (PCT/EP2021/063339 filed 2021-05-19). Its potential § 102(a)(2) status depends on an unverified U.S. provisional date and should be confirmed before reliance.
- EP 0 365 503 B1 was characterized from a partial text extract; I did not retrieve its claims or confirm its assignee.
- No prior-art search of my own beyond these queries was performed for the offset-axis limitation. That gap is the single most important open item; if you need a definitive statement that claims 1/4 are or are not obvious, that art must be located first.
- Consistency with the prior sections: no contradiction. The earlier "no anticipation" finding and the "no litigation / no PTAB / single original assignment to the Navy" findings all stand; this section adds grounds that were not before the examiner and identifies the one limitation those grounds do not reach. The 2026 CAFC/docket negative is unaffected.
Generated 9/29/2026, 5:52:29 AM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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