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 .
DETAILED ACTION
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.
Claim 14 is 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.
Regarding claim 14, claim 14 recites ‘a control box located within the reservoir‘. It is unclear how a control box can be located inside the reservoir as the reservoir contains pressurized fire-retardant. Applicant is encouraged to clarify the location of said control box in relation to the reservoir or add description showing a control box located inside a pressurized reservoir. Examiner will interpret the reservoir to contain pressurized fire retardant and additionally compromise the control box as a separate entity. See annotated fig. 2.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-15, 17, 19, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dyson (US 2014/0138107).
Regarding claim 1, Dyson teaches a fire safety device (Christmas tree fire extinguishing and alert system, fig. 1) for maintaining household safety during a holiday season (the ref. discloses a design for fire prevention during holiday season, as it is a Christmas tree fire extinguishing device), the fire safety device comprising:
a reservoir (annotated fig. 2) comprising a fire-retardant material (fire extinguishing agent, par. 0032);
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a dispensing element (fire-retardant hoses 16, 21 and 13, par. 007, fig. 2) that is attached around a trunk of a tree (a length of fire-retardant hose is routed along the tree trunk, par. 0007) and is in fluid communication with the reservoir (hoses carry a fire extinguishing agent 14 from the agent canister 13, par. 0032);
and a detection assembly (sensors 23, housing 11, AC power connection, fig. 2) in communication (communicate to a controller which in turn control fluid dispersion, par. 0033) with the dispensing element, wherein, upon a detection of a smoke or fire by the detection assembly, the dispensing element dispenses the fire- retardant material onto the tree (when a fire condition is detected, the controller receives signals from the sensors 23 and thereafter activates a trigger 14 that releases the fire extinguishing agent 14, par. 0033).
Regarding claim 2, Dyson discloses the reservoir is a faux wrapped present (13 is contained inside housing 11, which is similarly shaped to a Christmas present, rectangular shaped and “adapted to be placed at the base of the tree”, par. 0025, and is capable of being wrapped like a gift.).
Regarding claim 3, Dyson teaches the dispensing element is a flexible tube (flexible, flame-retardant hoses 21 and 16, par. 0040).
Regarding claim 4, Dyson teaches the flexible tube comprises a plurality of openings or nozzle heads (hoses 21 and 16 lead to nozzles 22, fig. 1).
Regarding claim 5, Dyson teaches the detection assembly (sensors 23, housing 11, AC power connection, fig. 2) comprises a plurality of sensors (electrical smoke and/or heat sensors, par. 0033) capable of detecting the smoke or fire (act to monitor the tree 50 for smoke and/or flames, par. 0033) or an elevated temperature (extreme heat is detected, par. 0041).
Regarding claim 6, Dyson teaches the dispensing element (hose 16, 21 and reservoir 13, fig. 2) comprises a valve (trigger 14 when activated releases fire retardant from the canister, one skilled in the art would know that a fire-retardant canister with trigger 14 has an internal valve, fig. 2) for releasing the fire-retardant material (for releasing the agent, par. 0035).
Regarding claim 8, Dyson teaches the reservoir comprises a conduit assembly (conduit 20, fig. 1) coupled to (conduit 20 is coupled to hose and reservoir as shown in fig. 1, and fig. 2) the dispensing element.
Regarding claim 9, Dyson discloses the dispensing element (hoses 21 and reservoir 13, fig. 1) comprises a proximal end coupled to the conduit assembly (hoses 21 are connected to conduit 20, fig. 1) and a distal end (annotated fig. 1) attached to the detection assembly (sensors 23, housing 11, AC power connection, fig. 2).
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Regarding claim 10, Dyson discloses the detection assembly (sensors 23, housing 11, AC power connection, fig. 1) comprises a housing (11, fig. 1) having a plurality of sensors (23, fig. 1) and a power source (102, fig. 2).
Regarding claim 11, Dyson discloses the housing (11, fig. 1) is in communication (the housing 11 contains a CPU, housed in control unit 101, fig. 2, which controls the operation of the system and release of the agent, par. 0035) with the valve (trigger 14 which controls an internal valve, typical know to one skilled in the art, fig. 2) to facilitate a signal communication between the plurality of sensors and the valve (housing 11 comprises control unit 101 which houses the CPU, fig. 2, which receives, processes signals and coordinates the fire extinguishing activities and communication of the system when deployed, par. 0035).
Regarding claim 12, Dyson teaches a response from at least one of the plurality of sensors sends a signal to the valve that causes the valve to reposition from a closed position to an open position (the controller receives signals from the sensors 23 and thereafter activates a trigger 14 that releases the fire extinguishing agent 13, par. 0033).
Regarding claim 13, Dyson teaches the detection assembly comprises an audible alarm (CPU activates the audible alarm, par. 0036) for alerting an occupant (to warn occupants, par. 0036) of a fire threat (if a fire starts in the tree, par. 0037).
Regarding claim 14, Dyson teaches a control box (101, fig. 2) located within the reservoir (shown in annotated fig. 2, comprising).
Regarding claim 15, Dyson teaches a fire safety device (Christmas tree fire extinguishing and alert system, fig. 1) for maintaining household safety during a holiday season (the ref. is designed for fire prevention during holiday season, as it is a Christmas tree fire extinguishing device), the fire safety device comprising:
a reservoir (annotated fig. 2) and a control box (101, fig. 2) comprising a fire-retardant material (fire extinguishing agent, par. 0032) that is shaped as a faux wrapped present (13 is contained inside housing 11, which is similarly shaped to a Christmas present, rectangular shaped and “adapted to be placed at the base of the tree”, par. 0025, and is capable of being wrapped like a gift);
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a dispensing element (fire-retardant hoses 16, 21 and 13, par. 007, fig. 2) that is attached around a trunk of a tree (a length of fire-retardant hose is routed along the tree trunk, par. 0007) and in communication with the reservoir (hoses carry a fire extinguishing agent from the agent canister, par. 0032); and
a detection assembly (sensors 23, housing 11, AC power connection, fig. 2) in communication with the dispensing element (communicate to a controller which then determines if fire retardant is dispersed through hoses, par. 0033);
wherein the dispensing element comprises a flexible tube (flexible, flame-retardant hoses 21 and 16, par. 0040) with a plurality of openings or nozzle heads (hoses 21 lead to nozzles 22, fig. 1) and a valve (trigger 14 when activated releases fire retardant from the canister, one skilled in the art would know that a fire-retardant canister with trigger 14 has an internal valve, fig. 2) for releasing the fire-retardant material (that releases the fire extinguishing agent 13, par. 0033);
wherein the detection assembly (sensors 23, housing 11, AC power connection, fig. 2) comprises a plurality of sensors (electrical smoke and/or heat sensors, par. 0033);
wherein a response from at least one of the plurality of sensors sends a signal to the valve (when a fire condition is detected, the controller receives signals from the sensors 23 and thereafter activates trigger 14, when activated releases fire retardant from the canister, one skilled in the art would know that a fire-retardant canister with trigger 14 has an internal valve, that releases the fire extinguishing agent 13, par. 0033) causing the valve to reposition from a closed position to an open position (trigger 14 is initially in closed position and detection of a fire from sensors 23 causes trigger 14 to open, par. 0033);
wherein once a smoke or fire is detected (when a fire condition is detected, par. 0033) by the detection assembly (sensors 23, housing 11, AC power connection, fig. 2), the dispensing element dispenses the fire-retardant material onto the tree (when a fire condition is detected, the controller receives signals from the sensors 23 and thereafter activates a trigger 14 that releases the fire extinguishing agent 13, par. 0033); and
wherein the control box (101, fig. 2) is in communication with each of the reservoir, the dispensing element, and the detection assembly (a CPU contained within control box 101, fig. 2, controls the operation of the system and release of the agent, par. 0035).
Regarding claim 17, Dyson discloses a power cord (flame retardant cord, par. 0041) connects to the CPU (CPU fig. 2, housed inside control unit 101) to provide power thereto (the ref. describes utilizing a flame-retardant cord as means to power and communicate between sensors and control unit, par. 0041).
Regarding claim 19, Dyson discloses an automatic alarm (the system elements include an automated activation means, an audible alarm, a fire alert communication, par. 007) in communication with the CPU (controller unit sends a signal to the audible alarm 105, par. 0037).
Regarding claim 20, Dyson discloses a method of maintaining household safety (the ref. maintains safety by providing a Christmas tree fire extinguishing and alert system, fig. 1) while having a fully lit and decorated Christmas tree, the method comprising the steps of:
providing a fire safety device (Christmas tree fire extinguishing and alert system, fig. 1) comprising a faux wrapped present (housing 11, which is similarly shaped to a Christmas present, rectangular shaped and “adapted to be placed at the base of the tree”, par. 0025, and is capable of being wrapped like a gift) connected to a flexible tube (flexible, flame-retardant hoses 21 and 16, par. 0040) that is attached around a trunk of the Christmas tree (fire-retardant hoses 21 and 16 are routed along the tree trunk, par. 0007), and that releases a fire-retardant material onto the Christmas tree when on fire (when a fire condition is detected, the controller receives signals from the sensors 23 and thereafter activates a trigger 14 that releases the fire extinguishing agent 13, par. 0033);
positioning the flexible tube (flexible, flame-retardant hoses 21 and 16, par. 0040) around the trunk of the Christmas tree (a length of fire-retardant hoses 21 and 16 are routed along the tree trunk, par. 0007), and connecting the flexible tube to a fire foam container (hoses 21 and 16 carry a fire extinguishing agent 14 from the agent canister 13, par. 0032) inside of a faux wrapped present (fig. 2 housing 11);
detecting a fire via a plurality of sensors (sensors 23, fig. 1) on the Christmas tree (fig. 1 shows sensors 23 on tree);
sounding an audible alert (audible alert means 24, fig. 1) to alert an occupant of the fire (to warn occupants of the household, par. 0036); and
automatically (system elements include an automated activation means whereby the event is addressed directly, par. 0007) dispensing the fire-retardant material to put out the fire.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 7, 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 2014/0138107) in view of Gavia et al. (US 7,679,521).
Regarding claim 7, Dyson fails to disclose the reservoir comprises a manual shut off valve.
However, Gavia et al. discloses a manual shut off valve (on/off switch 16, fig. 5. An on/off switch serves the same function as a valve, as it deactivates the flow of fire retardant by cutting power to the pump 21).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to have the motivation to add a manual shut off valve to the reservoir of Dyson as taught by Gavia et al. for the benefit of increased safety by having the ability to activate and deactivate the device.
Regarding claim 16, Dyson discloses the control box (101, fig. 2) and a CPU (fig. 2 shows CPU housed in control box 101).
Dyson fails to disclose an on/off switch in communication with a central processing unit (CPU) and a pump for pumping the fire-retardant material.
However, Gavia et al. teaches an on/off switch (on/off switch 16, fig. 5) in communication (electrical wiring 17 connects to the on/off switch 16 to a central processing unit 18, col. 3, line 23-25) with a central processing unit (CPU) (CPU 18, fig. 5) and a pump (pump 21, fig. 5) for pumping the fire-retardant material (fire extinguishing fluid reservoir 23 is connected to the pump 21, col. 3, line 36-37).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to have the motivation to add an on/off switch and pump as taught by Gavia et al. for the benefit of using a pump provides a consistent flow of fire-retardant as opposed to a pressurized system.
Regarding claim 18, Dyson fails to disclose a remote alarm system in communication with the CPU.
However, Gavia et al. discloses a remote alarm system (remote alarm system, col. 4, line 20) in communication with the CPU (wired to the CPU 18, col. 4, line 21).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to have the motivation to add a remote alarm system to the device of Dyson as taught by Gavia et al. for the benefit of “providing a more expansive alarm system that can be heard of a greater distance” (col. 4, line 29-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to "Kyle Beers" whose telephone number is (571) 270-0460. The examiner can normally be reached on Monday thru Friday 8:00-4:30 PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Arthur Hall can be reached on (571) 270-1814 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KYLE GARRETT BEERS/Examiner, Art Unit 3752
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752