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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/05/2026 has been entered.
Status of Claims
Claims 2, 4-5, 13 and 15-19 are cancelled. Claims 1, 6-7, 10-12, and 21 are amended. Claims 3, 8-9, 14, 20, and 22-23 are as previously presented. Therefore, claims 1, 3, 6-12, 14, and 20-23 are currently pending and have been considered below.
Response to Amendment
The amendment filed on 03/05/2026 has been entered. Applicant's amendment overcomes the following:
112(a) Rejections.
112(b) Rejections
Existing Claim Objections
Claim Objections
Claim 12 is objected to because of the following informalities: Claim 13 recites the limitation "the plurality of detectors are disposed a distance'' in line 4 of claim 11. However, it is suggested to amend to - the plurality of detectors are disposed at a distance'-. Appropriate correction is required.
Claim Interpretation
Polar directions including north, south, east, west, north-west, north-east, south-west, and south-east, will be interpreted as a way to denote adjacency in the grid pattern as described in Para. 0032 of the applicant’s disclosure.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 6-12, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Magnone (US 2019/0209879) in view of Golinveaux (US 7,793,736).
Regarding claim 1, Magnone discloses a system of ceiling-only fire protection (Ab. – “Fire Protection Systems … ceiling-only high-piled storage protection”) of an automated storage and retrieval system (Para 50. – “Other high-piled storage configurations can be protected by the system”; Para. 0020 of the applicant’s disclosure states that the automated storage and retrieval system can be a high piled storage system.), comprising:
a plurality of fluid distribution devices (Fig. 1, 110) disposed in a grid pattern (Fig. 5A; Para. 0035) beneath a ceiling (Fig. 1, C) and above the automated storage and retrieval system (Fig. 1, 12) having a nominal storage height (Fig. 5B, H2) less than a nominal ceiling height (Fig. 5B, H2 + CL), wherein each of the plurality of fluid distribution devices includes a frame body (Fig. 2B, 110x) with a seal assembly (Para. 0059 – “sealing assembly”) disposed therein and an actuator (Fig. 2A, 110y) arranged with the frame body to displace the seal assembly to control a flow of water discharge from the frame body (Para. 0059);
a fluid distribution system including a network of pipes (Fig. 1, 150a-f) interconnecting the plurality of fluid distribution devices (Para. 0053) with a water supply (150e);
a plurality of detectors (Fig. 1, 130) to monitor the automated storage and retrieval system for a fire (Para. 0027), the plurality of detectors including a plurality of temperature sensors (Para. 0027 –“ The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof.”); and
a controller (Fig. 1, 120) coupled with the plurality of detectors (Fig. 3) to detect and locate the fire (Para. 0029), the controller being coupled to the plurality of fluid distribution devices (Fig. 3) to identify and control operation of a select number of the plurality of fluid distribution devices (Para. 0038 –“smaller number of distribution devices”) that define a discharge array (Para. 0038 – “discharge array”) above and about the fire (Para. 0038-0039)), the controller to:
receive an input signal from each of the plurality of temperature sensors (Fig. 3);
determine a threshold moment in fire growth (Fig. 4C, 300a) from a first temperature sensor (Fig. 5A, 130k) of the plurality temperature sensors (Para. 0028 & 0036; 130);
determine a second temperature sensor (Fig. 5A, 130g; Para. 0037 – “the second threshold moment can be detected by a second detector 130g”) of the plurality temperature sensors having a highest temperature (Para. 0037 – “reading at the same or higher threshold than the first detector 130k”) of the temperature sensors located to the north, south, east, and west of the first temperature sensor (Fig. 5A); and
generate an output signal (Para. 0028 & 0036) for operation of a first fluid distribution device (Fig. 5A, 110k) associated with the first temperature sensor (Para. 0036-0038; Fig. 4C, 300b & 300e) and eight fluid distribution devices immediately surrounding the first fluid distribution device (Para. 0037 – “the immediately adjacent and surrounding eight distribution devices, 110f, 110g, 110h, 110j, 110l, 110n, 110o and 110p”) to operate simultaneously with a second fluid distribution device (Fig. 5A, 110g) associated with the second temperature sensor and the fluid distribution devices to the immediate, south (Fig. 5A, 110k), east (Fig. 5A, 110h), and west (Fig. 5A, 110f) of the second fluid distribution device such that at least nine (underlined to show difference from the claimed language) fluid distribution devices operate at the same time (Para. 0011 “The preferred method further includes identifying a threshold moment in the fire to operate the identified fluid distribution devices substantially simultaneously”; Fig. 4C, 300e), wherein the at least nine fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device (Para. 0059).
Magnone does not disclose the temperature sensor to the immediate north of the second fluid nor does it explicitly disclose such that at least twelve (italicized and underlined to emphasize what is not disclosed) fluid distribution devices operate at the same time, wherein the at least twelve fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device.
However, Magnone teaches that “the resulting discharge array preferably delivers and distributes the fixed volumetric flow V of firefighting fluid preferably substantially above and about the site of a detected fire F in order to effectively address and more preferably quench the fire (Para. 0031),” and therefore expanding the nine device array (Fig. 5A, 110f, 110g, 110h, 110j, 110k, 110l, 110n, 110o and 110p) substantially above and about the site of a detected fire F to a twelve device array by adding the distribution devices 110b, 110c, and 110d shown in Fig. 5A and Golinveaux teaches the claimed array as shown in annotated Fig. 2C and further teaches the motivation to overwhelm and subdue the fire from above (Col. 21: Ln. 25), therefore the examiner finds that there is a teaching and motivation available to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the reference to include the temperature sensor to the immediate north of the second fluid and at least twelve fluid distribution devices that operate at the same time, wherein the at least twelve fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device with a reasonable expectation of success.
Annotated Figure(s)
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Regarding claim 3, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system comprising: the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036).
Regarding claim 6, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the threshold moment in fire growth is a temperature above a predetermined temperature (Para. 0036);
Regarding claim 7, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036);
Magnone in view of Golinveaux further teaches the controller to:
generate an output signal for operation of the fluid distribution devices located to the north-west (Magnone – Fig. 5a, 110b), north-east (Magnone – Fig. 5a, 110d), south-west (Magnone – Fig. 5a, 110j), and south-east (Magnone – Fig. 5a, 110l) of the second temperature sensor (Fig. 5A, 130g).
Regarding claim 8, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036);
the controller to:
determine at least one of a plurality of smoke detectors (smoke detecting portion of detectors 130 in a combination detector type; Para. 0027 – “The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof”) of the plurality of detectors have detected smoke (Para. 0028 – “The data input component 120 a receives detection data or signals from the detectors 130 including, …, smoke data”; Para. 0034 – The threshold moment can be determined from any one or combination of system parameters … the smoke detectors reaching a user-defined particulate level.).
Regarding claim 9, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a temperature above a predetermined temperature (Para. 0036);
the controller to:
determine at least one of a plurality of smoke detectors (smoke detecting portion of detectors 130 in a combination detector type; Para. 0027 – “The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof”) of the plurality of detectors have detected smoke (Para. 0028 – “The data input component 120 a receives detection data or signals from the detectors 130 including, …, smoke data”; Para. 0034 – The threshold moment can be determined from any one or combination of system parameters … the smoke detectors reaching a user-defined particulate level.).
Regarding claim 10, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036);
the controller to:
determine at least one of a plurality of smoke detectors (smoke detecting portion of detectors 130 in a combination detector type; Para. 0027 – “The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof”) of the plurality of detectors have detected smoke (Para. 0028 – “The data input component 120 a receives detection data or signals from the detectors 130 including, …, smoke data”; Para. 0034 – The threshold moment can be determined from any one or combination of system parameters … the smoke detectors reaching a user-defined particulate level.) by receiving a detection signal comprising at least one of an analog signal, a digital signal, or a fiber optic signal (Para. 0029 – “the signals between system components can be one or more of analog, digital, or fiber optic data”).
Regarding claim 11, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a temperature above a predetermined temperature (Para. 0036);
the controller to:
determine at least one of a plurality of smoke detectors (smoke detecting portion of detectors 130 in a combination detector type; Para. 0027 – “The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof”) of the plurality of detectors have detected smoke (Para. 0028 – “The data input component 120 a receives detection data or signals from the detectors 130 including, …, smoke data”; Para. 0034 – The threshold moment can be determined from any one or combination of system parameters … the smoke detectors reaching a user-defined particulate level.) by receiving a detection signal comprising at least one of an analog signal, a digital signal, or a fiber optic signal (Para. 0029 – “the signals between system components can be one or more of analog, digital, or fiber optic data”).
Regarding claim 12, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036);
each of the plurality of detectors are disposed beneath the ceiling (Para. 0026 – “a plurality of detectors 130 disposed beneath the ceiling”);
each of the fluid distribution devices are disposed beneath the plurality of detectors (Para. 0053 – “Preferably disposed above and more preferably axially aligned with each distribution device 110 is a detector 130”); and
the controller to:
determine at least one of a plurality of smoke detectors (smoke detecting portion of detectors 130 in a combination detector type; Para. 0027 – “The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof”) of the plurality of detectors have detected smoke (Para. 0028 – “The data input component 120 a receives detection data or signals from the detectors 130 including, …, smoke data”; Para. 0034 – The threshold moment can be determined from any one or combination of system parameters … the smoke detectors reaching a user-defined particulate level.).
Magnone in view of Golinveaux teaches the claimed invention except for each of the plurality of detectors are disposed a distance of 0 inches to 6 inches (italicized and underlined to emphasize what is not taught) beneath the ceiling. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include each of the plurality of detectors are disposed a distance of 0 inches to 6 inches beneath the ceiling, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. MPEP 2144.05-II-A. Additionally, the examiner does not find criticality (new or unexpected results) in the applicant’s specification (Para. 0035-0036).
Regarding claim 20, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses wherein the frame body defines a nominal K-factor of 25.2 GPM/PSI1/2 (Para. 0062).
Regarding claim 21, Magnone discloses a method, comprising:
providing a system of ceiling-only fire protection (Ab. – “Fire Protection Systems … ceiling-only high-piled storage protection”) of an automated storage and retrieval system (Para 50. – “Other high-piled storage configurations can be protected by the system”; Para. 0020 of the applicant’s disclosure states that the automated storage and retrieval system can be a high piled storage system.), the system comprising:
a plurality of fluid distribution devices (Fig. 1, 110) disposed in a grid pattern (Fig. 5A; Para. 0035) beneath a ceiling (Fig. 1, C) and above the automated storage and retrieval system (Fig. 1, 12) having a nominal storage height (Fig. 5B, H2) less than a nominal ceiling height (Fig. 5B, H2 + CL), wherein each of the plurality of fluid distribution devices includes a frame body (Fig. 2B, 110x) with a seal assembly (Para. 0059 – “sealing assembly”) disposed therein and an actuator (Fig. 2A, 110y) arranged with the frame body to displace the seal assembly to control a flow of water discharge from the frame body (Para. 0059);
a fluid distribution system including a network of pipes (Fig. 1, 150a-f) interconnecting the plurality of fluid distribution devices (Para. 0053) with a water supply (150e);
a plurality of detectors (Fig. 1, 130) to monitor the automated storage and retrieval system for a fire (Para. 0027), the plurality of detectors including a plurality of temperature sensors (Para. 0027 –“ The detectors 130 can be any one or combination of thermocouples, thermistors, infrared detectors, smoke detectors and equivalents thereof.”); and
a controller (Fig. 1, 120) coupled with the plurality of detectors (Fig. 3) to detect and locate the fire (Para. 0029), the controller being coupled to the plurality of fluid distribution devices (Fig. 3) to identify and control operation of a select number of the plurality of fluid distribution devices (Para. 0038 –“smaller number of distribution devices”) that define a discharge array (Para. 0038 – “discharge array”) above and about the fire (Para. 0038-0039)), the controller to:
receive an input signal from each of the plurality of temperature sensors (Fig. 3);
determine a threshold moment in fire growth (Fig. 4C, 300a) from a first temperature sensor (Fig. 5A, 130k) of the plurality temperature sensors (Para. 0028 & 0036; 130);
determine a second temperature sensor (Fig. 5A, 130g; Para. 0037 – “the second threshold moment can be detected by a second detector 130g”) of the plurality temperature sensors having a highest temperature (Para. 0037 – “reading at the same or higher threshold than the first detector 130k”) of the temperature sensors located to the north, south, east, and west of the first temperature sensor (Fig. 5A); and generate an output signal (Para. 0028 & 0036) for operation of a first fluid distribution device (Para. 0037 – “the immediately adjacent and surrounding eight distribution devices, 110f, 110g, 110h, 110j, 110l, 110n, 110o and 110p”) to operate simultaneously with a second fluid distribution device (Fig. 5A, 110g) associated with the second temperature sensor and the fluid distribution devices to the immediate south (Fig. 5A, 110k), east (Fig. 5A, 110h), and west (Fig. 5A, 110f) of the second fluid distribution device such that at least nine (underlined to show difference from the claimed language) fluid distribution devices operate at the same time (Para. 0011 “The preferred method further includes identifying a threshold moment in the fire to operate the identified fluid distribution devices substantially simultaneously”; Fig. 4C, 300e), wherein the at least nine fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device (Para. 0059).
Magnone does not disclose the temperature sensor to the immediate north of the second fluid nor does it explicitly disclose such that at least twelve (italicized and underlined to emphasize what is not disclosed) fluid distribution devices operate at the same time, wherein the at least twelve fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device.
However, Magnone teaches that “the resulting discharge array preferably delivers and distributes the fixed volumetric flow V of firefighting fluid preferably substantially above and about the site of a detected fire F in order to effectively address and more preferably quench the fire (Para. 0031),” and therefore expanding the nine device array (Fig. 5A, 110f, 110g, 110h, 110j, 110k, 110l, 110n, 110o and 110p) substantially above and about the site of a detected fire F to a twelve device array by adding the distribution devices 110b, 110c, and 110d shown in Fig. 5A and Golinveaux teaches the claimed array as shown in annotated Fig. 2C of claim 1 and further teaches the motivation to overwhelm and subdue the fire from above (Col. 21: Ln. 25), therefore the examiner finds that there is a teaching and motivation available to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the reference to include the temperature sensor to the immediate north of the second fluid and at least twelve fluid distribution devices that operate at the same time, wherein the at least twelve fluid distribution devices are individually and simultaneously actuated in response to a controller-generated actuation signal and independent of a local thermal activation condition at the respective fluid distribution device with a reasonable expectation of success.
Regarding claim 22, Magnone in view of Golinveaux teaches the method of claim 21.
Magnone further discloses the method comprising:
the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036).
Regarding claim 23, Magnone in view of Golinveaux teaches the method of claim 21.
Magnone further discloses the method comprising:
the threshold moment in fire growth is a temperature above a predetermined temperature (Para. 0036).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Magnone in view of Golinveaux, and Stevens (US 3,993,138 )
Regarding claim 14, Magnone in view of Golinveaux teaches the system of claim 1.
Magnone further discloses the system, comprising:
the threshold moment in fire growth is a rate of rise condition above a predetermined rate of rise (Para. 0036);
Magnone does not disclose the controller to delay operation for a predetermined period of time.
However, Stevens teaches a prior art comparable device (Ti. – “Fire Prevention System”) wherein the controller (Fig. 1, 14) delays operation for a predetermined period of time (Ab. – “Predetermined time delay”).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the known technique (delay operation for a predetermined period of time) as taught by Stevens, into the system disclosed by Magnone to prevent actuation of the system during a false alarm and yielding the predictable result of delaying the system for a predetermined time before the controller generates output signals.
Response to Arguments
Applicant's arguments filed 03/05/2026 have been fully considered but they are not persuasive. With regards to claim rejections under 35 U.S.C. §103 on pages 9-10, the added limitations are rendered obvious as addressed in the office action.
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
April 15, 2026
/ARTHUR O. HALL/ Supervisory Patent Examiner, Art Unit 3752
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