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Claims 1-8 and 16-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim.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.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 11/17/2025