Prosecution Insights
Last updated: April 19, 2026
Application No. 18/211,594

METHOD AND SYSTEM OF AIR/ENVIRONMENTAL PARAMETER BASED AUTOMATIC CLOSING OF ONE OR MORE VALVES TO ISOLATE BREATHABLE AIR SUPPLIED TO ONE OR MORE LEVELS OF A STRUCTURE HAVING A FIREFIGHTER AIR REPLENISHMENT SYSTEM IMPLEMENTED THEREIN

Non-Final OA §102§103
Filed
Jun 20, 2023
Examiner
LEI, JIE
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rescue Air Systems Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
641 granted / 887 resolved
+4.3% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
46 currently pending
Career history
933
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
24.5%
-15.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 887 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Pre-AIA or AIA Status 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 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. Information Disclosure Statement The information disclosure statements (IDS) submitted on 2/3/2026, 8/19/2025, 6/2/2025, 4/18/2025, 12/26/2024, 5/23/2024 and 9/15/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. 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. Claims 1-14, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turiello (US 8701718). Regarding Claim 1, Turiello teaches a method of a safety system of a structure having a plurality of levels and a fixed piping system installed therewithin to supply breathable air from a source across the safety system including the plurality of levels (abstract; fig. 1A-C), comprising: sensing a parameter of at least one of: an environment of at least one level of the plurality of levels of the structure and the breathable air supplied thereto (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 6, line 61 –col. 7, line 5, the air distribution system of the marine vessel 150 may include an air monitoring system configured to automatically track and recording impurities and a contaminants in the breathable air of the emergency support system. In one or more embodiment, the air monitoring system may include sensors such as CO/moisture sensor, suspended particle sensor, pressure sensor and other sensors to monitor the quality and pressure of breathable air in the system); and in response to the sensing, automatically closing at least one valve associated with control of the supply of the breathable air to the at least one level to isolate the breathable air supplied to the at least one level (fig. 1C, fire 110, valves 1061, 1062; col. 2, line 57- 62, the method may include suspending a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure when the distribution structure is exposed to a threat to prevent a compromise of the distribution structure; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 2, Turiello teaches the method of claim 1, further comprising at least one of: sensing the parameter of the breathable air using a sensor associated with an air analysis device coupled to an air flow path of the breathable air from the source within the safety system (fig. 2, 104, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 2, line 29-42, automatically tracking and recording an impurity and a contaminant in the breathable air of the emergency support system through an air monitoring system; automatically suspending air dissemination to a fill site when an impurity level and/or a contaminant concentration exceed a safety threshold; col. 8, line 28-38, the air monitoring system 210 may include a CO/moisture sensor106, and a low pressure sensor 108. The CO/moisture sensor 106 of the air monitoring system 210 in the distribution structure 104 may be used to detect contamination of breathable air in the air supply system 130); sensing the parameter of the environment of the at least one level using an environmental sensor (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor) associated with at least one of: at least one emergency air fill station providing access to the breathable air at the at least one level, a bypass controller device and the air analysis device (fig. 1A-C, 130, 104, 1021-N, 106s; col. 5, line 35-40, the fill sites 1021-N may include an emergency support system affixed to the distribution structure 104 that is configured to provide supply of breathable air to the civilians, military personnel, and rescue staff); and automatically closing the at least one valve in accordance with a control signal transmitted thereto from a processor associated with the at least one of: the at least one emergency air fill station, the bypass controller device and the air analysis device (fig. 1A-C, 130, 104, 1021-N, 106s; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat; col. 13, line 25-30, The air control device 1302 may permit a user to remotely control a valve 106 such that the user may regulate the breathable air supply of the marine vessel 150 from a central location; --implicitly comprising a control processor). Regarding Claim 3, Turiello teaches the method of claim 1, further comprising determining that the sensed parameter is outside a predetermined threshold value thereof; and in response to the determination, automatically closing the at least one valve (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 7, line 1-5, the air monitoring system may be configured to automatically suspend the air dissemination to the fill site 1021-N when an impurity level and a contaminant concentration exceeds a safety threshold). Regarding Claim 4, Turiello teaches the method of claim 1, further comprising automatically cutting off at least one emergency air fill station corresponding to the at least one automatically closed valve from the supply of the breathable air from the source (fig. 1C, fire 110, valves 1061, 1062; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 5, Turiello teaches the method of claim 1, comprising the parameter of the breathable air supplied to the at least one level comprising at least one of: an air quality parameter and an air component parameter (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 8, line 28-38, the air monitoring system 210 may include a CO/moisture sensor106, and a low pressure sensor 108. The CO/moisture sensor 106 of the air monitoring system 210 in the distribution structure 104 may be used to detect contamination of breathable air in the air supply system 130). Regarding Claim 6, Turiello teaches the method of claim 2, comprising the sensor associated with the air analysis device comprising at least one of: a carbon monoxide sensor configured to sense a level of carbon monoxide in the breathable air, a carbon dioxide sensor configured to sense a level of carbon dioxide in the breathable air, an oxygen sensor configured to sense a level of oxygen in the breathable air, a nitrogen sensor configured to sense a level of nitrogen in the breathable air, a hydrocarbon sensor configured to sense a condensed hydrocarbon content in the breathable air, and a moisture sensor configured to sense a moisture concentration in the breathable air (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor). Regarding Claim 7, Turiello teaches the method of claim 1, comprising the plurality of levels of the structure being a plurality of floor levels thereof (fig. 1A-C, 1021-N). Regarding Claim 8, Turiello teaches a method of a safety system of a structure having a plurality of levels and a fixed piping system installed therewithin to supply breathable air from a source across the safety system including the plurality of levels (abstract; fig. 1A-C), comprising: sensing a parameter of at least one of: an environment of at least one level of the plurality of levels of the structure and the breathable air supplied thereto (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 6, line 61 –col. 7, line 5, the air distribution system of the marine vessel 150 may include an air monitoring system configured to automatically track and recording impurities and a contaminants in the breathable air of the emergency support system. In one or more embodiment, the air monitoring system may include sensors such as CO/moisture sensor, suspended particle sensor, pressure sensor and other sensors to monitor the quality and pressure of breathable air in the system); and in response to determining that the parameter is outside a predetermined threshold value thereof based on the sensing (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 7, line 1-5, the air monitoring system may be configured to automatically suspend the air dissemination to the fill site 1021-N when an impurity level and a contaminant concentration exceeds a safety threshold), automatically closing at least one valve associated with control of the supply of the breathable air to the at least one level to isolate the breathable air supplied to the at least one level (fig. 1C, fire 110, valves 1061, 1062; col. 2, line 57- 62, the method may include suspending a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure when the distribution structure is exposed to a threat to prevent a compromise of the distribution structure; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 9, Turiello teaches the method of claim 8, further comprising at least one of: sensing the parameter of the breathable air using a sensor associated with an air analysis device coupled to an air flow path of the breathable air from the source within the safety system (fig. 2, 104, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 2, line 29-42, automatically tracking and recording an impurity and a contaminant in the breathable air of the emergency support system through an air monitoring system; automatically suspending air dissemination to a fill site when an impurity level and/or a contaminant concentration exceed a safety threshold); sensing the parameter of the environment of the at least one level using an environmental sensor (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor) associated with at least one of: at least one emergency air fill station providing access to the breathable air at the at least one level, a bypass controller device and the air analysis device (fig. 1A-C, 130, 104, 1021-N, 106s; col. 5, line 35-40, the fill sites 1021-N may include an emergency support system affixed to the distribution structure 104 that is configured to provide supply of breathable air to the civilians, military personnel, and rescue staff); and automatically closing the at least one valve in accordance with a control signal transmitted thereto from a processor associated with the at least one of: the at least one emergency air fill station, the bypass controller device and the air analysis device (fig. 1A-C, 130, 104, 1021-N, 106s; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat; col. 13, line 25-30, The air control device 1302 may permit a user to remotely control a valve 106 such that the user may regulate the breathable air supply of the marine vessel 150 from a central location; --implicitly comprising a control processor). Regarding Claim 10, Turiello teaches the method of claim 8, further comprising automatically cutting off at least one emergency air fill station corresponding to the at least one automatically closed valve from the supply of the breathable air from the source (fig. 1C, fire 110, valves 1061, 1062; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 11, Turiello teaches the method of claim 8, comprising the parameter of the breathable air supplied to the at least one level comprising at least one of: an air quality parameter and an air component parameter (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 8, line 28-38, the air monitoring system 210 may include a CO/moisture sensor106, and a low pressure sensor 108. The CO/moisture sensor 106 of the air monitoring system 210 in the distribution structure 104 may be used to detect contamination of breathable air in the air supply system 130). Regarding Claim 12, Turiello teaches the method of claim 9, comprising the sensor associated with the air analysis device comprising at least one of: a carbon monoxide sensor configured to sense a level of carbon monoxide in the breathable air, a carbon dioxide sensor configured to sense a level of carbon dioxide in the breathable air, an oxygen sensor configured to sense a level of oxygen in the breathable air, a nitrogen sensor configured to sense a level of nitrogen in the breathable air, a hydrocarbon sensor configured to sense a condensed hydrocarbon content in the breathable air, and a moisture sensor configured to sense a moisture concentration in the breathable air (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor). Regarding Claim 13, Turiello teaches the method of claim 8, comprising the plurality of levels of the structure being a plurality of floor levels thereof (fig. 1A-C, 1021-N). Regarding Claim 14, Turiello teaches a safety system of a structure having a plurality of levels (abstract; fig. 1A-C), comprising: a source of breathable air (fig. 1A-C, 130); a fixed piping system installed within the structure for supply of the breathable air from the source across the safety system including the plurality of levels (fig. 1A-C, 104); and at least one component comprising at least one sensor (fig. 2, 104, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor) associated therewith to: sense a parameter of at least one of: an environment of at least one level of the plurality of levels and the breathable air supplied thereto (col. 6, line 61 –col. 7, line 5, the air distribution system of the marine vessel 150 may include an air monitoring system configured to automatically track and recording impurities and a contaminants in the breathable air of the emergency support system. In one or more embodiment, the air monitoring system may include sensors such as CO/moisture sensor, suspended particle sensor, pressure sensor and other sensors to monitor the quality and pressure of breathable air in the system); and in response to the sensing, automatically close at least one valve associated with control of the supply of the breathable air to the at least one level to isolate the breathable air supplied to the at least one level (fig. 1C, fire 110, valves 1061, 1062; col. 2, line 57- 62, the method may include suspending a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure when the distribution structure is exposed to a threat to prevent a compromise of the distribution structure; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 16, Turiello teaches the safety system of claim 14, wherein the at least one component further: determines that the sensed parameter is outside a predetermined threshold value thereof, and in response to the determination, automatically closes the at least one valve (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 7, line 1-5, the air monitoring system may be configured to automatically suspend the air dissemination to the fill site 1021-N when an impurity level and a contaminant concentration exceeds a safety threshold). Regarding Claim 17, Turiello teaches the safety system of claim 14, wherein at least one emergency air fill station corresponding to the at least one automatically closed valve is automatically cut off from the supply of the breathable air from the source (fig. 1C, fire 110, valves 1061, 1062; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat). Regarding Claim 18, Turiello teaches the safety system of claim 14, wherein the parameter of the breathable air supplied to the at least one level comprises at least one of: an air quality parameter and an air component parameter (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 8, line 28-38, the air monitoring system 210 may include a CO/moisture sensor106, and a low pressure sensor 108. The CO/moisture sensor 106 of the air monitoring system 210 in the distribution structure 104 may be used to detect contamination of breathable air in the air supply system 130). Regarding Claim 20, Turiello teaches the safety system of claim 14, wherein the plurality of levels of the structure is a plurality of floor levels thereof (fig. 1A-C, 1021-N). 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 of this title, 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 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Turiello (US 8701718) in a view of Roberts (US 20120266889). Regarding Claim 15, Turiello teaches the safety system of claim 14, wherein at least one of: the at least one component comprises an air analysis device coupled to an air flow path of the breathable air from the source within the safety system, the air analysis device having a sensor associated therewith to sense the parameter of the breathable air (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor; col. 2, line 29-42, automatically tracking and recording an impurity and a contaminant in the breathable air of the emergency support system through an air monitoring system; automatically suspending air dissemination to a fill site when an impurity level and/or a contaminant concentration exceed a safety threshold); the at least one component comprises an environmental sensor (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor) associated therewith to sense the parameter of the environment of the at least one level, the at least one component being at least one of: at least one emergency air fill station providing access to the breathable air at the at least one level, a bypass controller device and the air analysis device (fig. 1A-C, 130, 104, 1021-N, 106s; col. 5, line 35-40, the fill sites 1021-N may include an emergency support system affixed to the distribution structure 104 that is configured to provide supply of breathable air to the civilians, military personnel, and rescue staff); and a control device associated with the at least one component transmits a control signal to the at least one valve to automatically close the at least one valve (fig. 1A-C, 130, 104, 1021-N, 106s; col. 7, line 6-18, a transfer of the breathable air from the source of compressed air to the emergency support system through the valve of the distribution structure 104 may be suspended when the distribution structure 104 is exposed to a threat to prevent a compromise of the distribution structure 104. In one or more embodiments, the valves may be configured to block a supply of breathable air when there is a threat that compromises the distribution structure 104 ( e.g., as illustrated in FIG. 1C) at a relative point of threat; col. 13, line 25-30, The air control device 1302 may permit a user to remotely control a valve 106 such that the user may regulate the breathable air supply of the marine vessel 150 from a central location; --implicitly comprising a control processor). But Turiello does not specifically disclose that wherein a processor associated with the at least one component. However, Roberts teaches a breathing air production and filtration system (abstract; fig. 1), wherein a processor associated with the at least one component (fig. 1, 200; ¶[0029], line 1-12, the system 10 uses the monitoring control system 200 to monitor and control the system 10 using various sensors and communication links; The monitoring control system 200 includes a control unit 210, which can be a computer or the like). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the safety system of Turiello by the breathing air production and filtration system of Roberts for the purpose of providing of a breathing air production and filtration system for personnel working in a variety conditions and potentially exposed to hazards (¶[0007], line 1-5). Regarding Claim 19, Turiello - Roberts combination teaches the safety system of claim 15, wherein the sensor associated with the air analysis device comprises at least one of: a carbon monoxide sensor configured to sense a level of carbon monoxide in the breathable air, a carbon dioxide sensor configured to sense a level of carbon dioxide in the breathable air, an oxygen sensor configured to sense a level of oxygen in the breathable air, a nitrogen sensor configured to sense a level of nitrogen in the breathable air, a hydrocarbon sensor configured to sense a condensed hydrocarbon content in the breathable air, and a moisture sensor configured to sense a moisture concentration in the breathable air (fig. 2, 210- air monitoring system, 206- CO/moisture sensor, 208- pressure sensor, as disclosed in Turiello; ¶[0030], line 1-10, the in-line sensor 220 continuously monitors the breathing air for constituents and contaminants, such as O2, CO2, CO, combustibles, H2S, oil mist, and the like, as disclosed in Roberts). Examiner’s Note Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner. Conclusion Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm. If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application 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 application 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 Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000. /JIE LEI/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Feb 17, 2026
Non-Final Rejection — §102, §103
Mar 24, 2026
Interview Requested

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Expected OA Rounds
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2y 11m
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