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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/20/2026 has been entered.
Status of Claims
Claims 3, 9-12, 17, 19, 22-23 are cancelled. Claims 1-2, 4-8, 13, 16 and 18 are amended. Claims 14-16 and 20-21 are as previously presented. Claims 24-30 are new. Claims 13-18 and 20-21 remain withdrawn. Therefore, claims 1-2, 4-8, 13-16, 18, 20-21, and 24-30 are currently pending and claims 1-2, 4-8, and 24-30 have been considered below.
Response to Amendment
The amendment filed on 04/20/2026 has been entered. Applicant's amendment overcomes the following.
112(b) rejection of claim 6 of the final office action mailed 02/17/2026
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 1-2, 4-8, 13-16, 18, 20-21, and 24-30 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.
Claim 1 recites the limitation "the structure'' in lines 36-37 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " the structure'' in line 40 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the selected fire threat condition'' in line 35 of claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 4-8, 13-16, 18, 20-21, and 24-30 depend on claim 1, therefore claims 2, 4-8, 13-16, 18, 20-21, and 24-30 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 24 recites the limitation “the plurality of fire suppressant types consists of at least one solid fire suppressant, at least one of a liquid fire suppressant, at least one of gaseous fire suppressant, and combinations thereof in lines 1-4 of claim 24, however, claim 1 recites the limitation “said plurality of fire suppressant types comprising a gaseous fire suppressant material, a solid fire suppressant material, and a liquid fire suppressant material.” However, it is unclear if the recited limitation in claim 24 is to narrow claim 1 by allowing only a solid fire suppressant, liquid fire suppressant, and gaseous fire suppressant, allow additional agents because of the language “or combinations thereof”, require each three agents and an additional combination, or something else. Additionally, the limitation in claim 24 recites “at least one solid fire suppressant, at least one of a liquid fire suppressant, at least one of gaseous fire suppressant” is grammatically incorrect, and the examiner is unsure if it should be interpreted as “at least one of a solid fire suppressant, at least one of a liquid fire suppressant, at least one of a gaseous fire suppressant,” “at least one solid fire suppressant, at least one liquid fire suppressant, at least one gaseous fire suppressant,” or something else. Therefore, the examiner cannot determine the meets and bounds of the claimed invention.
Allowable Subject Matter
Claim 1 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.
The most relevant prior art includes Meier (US 8,925,642), Colling (US 11,992,715), Diaz (US 2021/0370111), and Diaz (US 2021/0322810), hereinafter ‘2810. The combination of the prior arts teaches various features of the claimed invention as presented in the office action mailed 02/17/2026 which alone are in combination are not found to teach the newly added limitations, in combination with the other existing limitations of claim 1.
Claims 2, 4-8, 13-16, 18, 20-21, and 24-30 depend on claim 1, and would also be allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW DOMENIC ONDREJCAK whose telephone number is (571)270-5465. The examiner can normally be reached Mon - Fri 8:00-5:00 EST.
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/ANDREW DOMENIC ONDREJCAK/Examiner, Art Unit 3752 June 5, 2026
/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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