DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/27/2026 on has been entered.
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.
Claim(s) 1-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (GB2084014) in view of Arnette (US 2016/0287920).
Regarding claim 1, Lewis discloses a cartridge-operated fire extinguisher comprising:
A cylinder housing (1) containing unpressurised (page 1, line 13) fire suppressant (Page 1, line 114, water);
a gas cartridge (7) for storing pressurised fluid therein (page 1, lines 122-123, the cartridge stores a pressurized gas), but fails to disclose the extinguisher including
a spear configured to move from an initial first position in a first direction to pierce the gas cartridge to cause the gas cartridge to be in fluid communication with the cylinder housing, and configured to move in a second direction to a second position to thereby indicate that pressurised fluid has been released from the gas cartridge.
Lewis discloses a device that includes a piston that moves in one direction to pierce the gas cartridge (Lewis, Page 1, lines 119) and a separate indicator that moves in a second direction to indicate discharge of the fluid (Page 2, lines 55-64). Arnette discloses an analogous device in the same field of endeavor that includes a spear (128, 156, 146) that moves in a first direction (Figure 9 depicts the piston (135) of the spear moving down to pierce a propellant cartridge (Paragraph 46)) and a second direction to indicate an increase in pressure (Figure 8, the indicator (146) moves from a lowered position as depicted in figure 7 due to no pressure, to a raised position in figure 8, due to an increase in pressure (Paragraphs 45-46)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lewis with the disclosures of Arnette, integrating the indicator and piston of Lewis into a spear, in a similar manner, as disclosed by Arnette, thereby providing a spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) configured to move from an initial first position in a first direction to pierce the gas cartridge to cause the gas cartridge to be in fluid communication with the cylinder housing (Lewis, the piercer is configured to move downward to pierce the cartridge and Arnette, Figure 9 depicts the piston (135) of the spear moving down to pierce a propellant cartridge (Paragraph 46)), and configured to move in a second direction to a second position to thereby indicate that pressurised fluid has been released from the gas cartridge (Lewis, Page 2, lines 55-64 and Arnette, Figure 8, the indicator (146) moves from a lowered position as depicted in figure 7 due to no pressure, to a raised position in figure 8, due to an increase in pressure (Paragraphs 45-46)), as the configurations were known alternatives in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, with no change in the function of the constituent parts.
Regarding claim 2, Lewis in view of Arnette the cartridge-operated fire extinguisher as claimed in claim 1, comprising: a valve body (10, 3, 6) comprising a socket (6), wherein the gas cartridge (7) is installed in the socket (Page 1, line 125-Page 2. Lines 1); and a pressure chamber (2) in fluid communication with the socket (Page 2, lines 1-2), wherein the spear is disposed partially within the pressure chamber (Figures 1 and Figure 2) and is configured to move in the second direction when pressure in the pressure chamber exceeds a predetermined pressure threshold (Lewis, Page 2, lines 55-64 and Arnette, Figure 8 ).
Regarding claim 3, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, wherein the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) comprises a marker (Lewis, “USED”) at an end distal from the gas cartridge (Lewis, Figure 2), which marker is visible only when the spear is in the second position (Lewis, Page 2, lines 55-64, The marker “USED” is visible only in the raised position; Arnette, Figures 8-9, the marker is only visible when pressure is increased exerting a force on the spring, and therefore, the marker).
Regarding claim 4, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 3, wherein the spear comprises a seal (9), and wherein the seal (9) provides the marker (Page 2, lines 55-64) (Element 9 is interpreted as a seal, as it is solid, and therefore capable of providing a sealing function).
Regarding claim 5, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, comprising a window (13) arranged so that the distal end of the spear is visible through the window (13) when the spear is in the second position (Page 2, lines 55-64 and Abstract).
Regarding claim 6, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, wherein the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) comprises a flange (Lewis 12) arranged to abut a shoulder (Lewis, 14) of the fire extinguisher when the spear is in the second position (Lewis, Page 2, lines 15-17).
Regarding claim 7, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, comprising a biasing element (Arnette, 156) arranged to bias the spear away from the gas cartridge (The limitation is interpreted as a recitation of intended use, and therefore, afforded limited patentable weight; Arnette, Figure 8, the spring is in a position to bias the piston away from the gas cartridge).
Regarding claim 8, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, configured so that the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) remains in the second position during release of fire suppressant from the fire extinguisher (Page 2, line 55-76, the pressure will provide for the indicator of the spear to remain in the lifted position during release/leak of the suppressant).
Regarding claim 9, Lewis in view of Arnette discloses a cartridge-operated fire extinguisher as claimed in claim 1, comprising an activation lever (Lewis, 4), wherein the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) is spaced from the activation lever when it is in the first position (Arnette, Figure 7).
Regarding claim 10, Lewis in view of Arnette discloses a method of indicating a status of a cartridge-operated fire extinguisher, comprising using pressurised fluid from a gas cartridge (Lewis, 7) of the fire extinguisher to actuate a spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) from an initial first position (Lewis Figure 2 and Arnette, Figure 7) to a second position (Lewis Figure 3 and Arnette, Figure 9) to thereby indicate that pressurised fluid has been released from the gas cartridge (Lewis, Page 2, lines 55-64).
Regarding claim 11, Lewis in view of Arnette discloses the method as claimed in claim 10, comprising actuating the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) in a first direction to pierce the gas cartridge and thereby release pressurised fluid from the gas cartridge (Lewis, Page 1, lines 120-124 and Arnette, Paragraph 46).
Regarding claim 12, Lewis in view of Arnette discloses the method as claimed in claim 10, wherein actuating the spear from the first position to the second position comprises pressurising a pressure chamber (Lewis, 2) in a valve body (Lewis, 10, 3, 6) of the fire extinguisher to greater than a predetermined pressure threshold (Lewis, Page 2, lines 55-64).
Regarding claim 13, Lewis in view of Arnette discloses the method as claimed in claim 10, comprising maintaining the spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) in the second position while fire suppressant is discharged from the fire extinguisher (Page 2, line 55-76, the pressure will provide for the indicator of the spear to remain in the lifted position during release/leak of the suppressant).
Regarding claim 15, Lewis discloses a method of indicating a status of a cartridge-operated fire extinguisher, the cartridge-operated fire extinguisher comprising a cylinder housing (1) containing unpressurised (page 1, line 13) fire suppressant (Page 1, line 114, water) and a gas cartridge (7) storing pressurised fluid therein (page 1, lines 122-123, the cartridge stores a pressurized gas), but fails to disclose the method comprising:
actuating a spear in a first direction to pierce a gas cartridge to cause the gas cartridge to be in fluid communication with the cylinder housing and thereby release the pressurised fluid from the gas cartridge; and
using pressurised fluid from the gas cartridge of the fire extinguisher to actuate the spear in a second direction to a second position to thereby indicate that pressurised fluid has been released from the gas cartridge, wherein the second direction is opposite the first direction.
Lewis discloses a device that includes a piston that moves in one direction to pierce the gas cartridge (Lewis, Page 1, lines 119) and a separate indicator that moves in a second direction to indicate discharge of the fluid (Page 2, lines 55-64). Arnette discloses an analogous device in the same field of endeavor that includes a spear (128, 156, 146) that moves in a first direction (Figure 9 depicts the piston (135) of the spear moving down to pierce a propellant cartridge (Paragraph 46)) and a second direction to indicate an increase in pressure (Figure 8, the indicator (146) moves from a lowered position as depicted in figure 7 due to no pressure, to a raised position in figure 8, due to an increase in pressure (Paragraphs 45-46)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lewis with the disclosures of Arnette, providing the method to include actuating a spear (Lewis, page 1, line 119, piecer, Arnette, 156, Lewis, 9, 15) in a first direction to pierce a gas cartridge (Arnette, Paragraph 47) to cause the gas cartridge to be in fluid communication with the cylinder housing and thereby release pressurised fluid from the gas cartridge (Lewis, Page 1, line 118-Page 2, line 5); and
using pressurised fluid from the gas cartridge of the fire extinguisher to actuate the spear in a second direction (Arnette, Paragraphs 45-46) to a second position to thereby indicate that pressurised fluid has been released from the gas cartridge (Lewis, Page 2, Lines 55-64), wherein the second direction is opposite the first direction (Lewis, the piston of the spear moves down and the indicator of the spear moves up; Arnette, Figures 7 and 9 indicate the opposite directions), as the methods were known alternatives in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, with no change in the function of the constituent parts.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. 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.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752