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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 9-15, Species iii, species B and species b, figures 7, 12-13 and 17 in the reply filed on 11/4/2025 is acknowledged.
Claims 1-8 and 16-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/4/2025.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitchel et al. (CA 2867531 A1).
Regarding claim 9, Mitchel et al. shows a fire extinguisher comprising: a pressure vessel (202); an organic compound inside the vessel, wherein the organic compound is 1,1,1,2,2,4,4,5,5,5-nonafluoro-4-(trifluoromethyl)-3-pentanone (claim 21 table 7); carbon dioxide pressurized as a liquid (claim 21, the high pressure keeps the carbon dioxide as a liquid) inside the vessel; and an inert gas pressurizing the vessel (nitrogen claim 12 and 21); wherein a ratio of a mass of the organic compound to a mass of the carbon dioxide is between 1:4 and 4:1. (claim 21)
Regarding claims 10 and 11. The fire extinguisher of claim 9, wherein the organic compound has a purity grade of greater than 99.9% (Mitchel teaches 1,1,1,2,2,4,4,5,5,5-nonafluoro-4-(trifluoromethyl)-3-pentanone) in table 7, there is nothing that makes the examiner think it is anything but 100% pure 1,1,1,2,2,4,4,5,5,5-nonafluoro-4-(trifluoromethyl)-3-pentanone).
Regarding claim 12, wherein the ratio of the mass of the organic compound to the mass of the carbon dioxide is 2:1 (claim 21).
Regarding claim 13, wherein the inert gas is chosen from the group consisting of nitrogen, argon. helium. and combinations thereof [0074].
Regarding claim 14, wherein the inert gas is nitrogen, and wherein the nitrogen is at an overfill pressure between 1000 PSIG and 1500PSIG [0074].
Regarding claim 15, wherein the inert gas is at an overfill pressure higher than a vapor pressure of the carbon dioxide ([0074], 900 to 1225 psig is pressure higher than a vapor pressure of the carbon dioxide at 21 deg c).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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 at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 11/17/2025
Prosecution Insights