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 .
DETAILED ACTION
Claims 1-8 are pending. Note that, Applicant’s amendment and arguments filed January 7, 2026, have been entered.
Applicant’s election of Group II, claims 7 and 8, in the reply filed on January 7, 2026, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 7, 2026.
Objections/Rejections Withdrawn
The following objections/rejections as set forth in the Office action mailed 7/7/25 have been withdrawn:
The objection to claims 7 and 8 due to minor informalities has been withdrawn.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Clark (US 6,613,155) in view of Turnout Gear Cleaning – Redline Gear Cleaning (2021), Best Practices for Turnout Gear Cleaning (May 10, 2022), WO2018/028934, and WO2014/166514.
Clark teaches a method for servicing firefighter's turnout gear includes the step of transporting a mobile servicing facility in proximity to a fire department facility. The mobile servicing facility carries cleaning equipment for cleaning firefighter's turnout gear. For example, the cleaning equipment may include a cleaning machine for use with a carbon dioxide-based cleaning agent, a solvent, or laundry equipment. The method also includes the steps of operating the cleaning equipment to clean turnout gear of the fire department facility, and transporting the mobile servicing facility away from the fire department facility. Optionally, the mobile servicing facility also carries repairing equipment, supplies for repairing the turnout gear, power generation equipment, and/or a tracking system for preparing a report of services performed on the turnout gear. See Abstract. Equipment for servicing turnout gear is typically large and heavy and usually not considered to be "portable." Such equipment may include at least cleaning equipment or repairing equipment, and preferably both. Various cleaning and repairing equipment are well known in the art and any suitable cleaning and repairing equipment may be used. Note that, the Examiner asserts that any operator of the cleaning equipment as taught by Clark would be assessing the cleaning equipment, cleaning agent/detergent levels, temperature, etc., during the cleaning process which would clearly fall within the broad scope of “monitoring the cleaning agent by assessing tubes and/or lines for the colorant” as recited by the instant claims.
For example, the cleaning equipment may include a water-based washing machine (laundry equipment), or a chemical cleaning machine, e.g. one that cleans with and recovers a carbon dioxide- or other solvent-based cleaning agent, for example a dry-cleaning apparatus. Such machines typically include a housing enclosing an electric motor and drive means for rotating a basket for receiving the turnout gear and the cleaning agent during a wash cycle. The mobile servicing facility includes a tracking system for recording services performed on the turnout gear. Such a tracking system is particularly useful for ensuring compliance with the recordkeeping guidelines of NFPA 1851. See columns 3 and 4.
Clark does not teach the specific cleaning temperature of less than 50 degrees Celsius, an extractor washing machine, the specific cleaning composition or a method of cleaning turnout gear at a temperature of less than 50 degrees Celsius by placing the turnout gear in an extractor washing machine and washing the gear with a specific cleaning composition as recited by the instant claims.
Best Practices for Turnout Gear Cleaning teaches that when cleaning turnout gear cleaning, wash water temperature should not exceed 105 degrees Fahrenheit and the detergent must have a pH factor between 6 and 10.5. See pages 2 and 3.
Turnout Gear Cleaning – Redline Gear Cleaning teaches a cleaning service in which helmets, boots, gloves, jackets, pants, and liners are cleaned to ensure that all contaminants are removed. Guideline require turnout gear to be cleaned by an NFPA 1851 verified cleaner. Four different cleaning agents are used to properly treat and clean gear and mobile extraction units are used to clean the turnout gear. See pages 1-6.
‘934 teaches a liquid laundry detergent and a method of washing textiles using the detergent. See Abstract. The composition may be aqueous and may contain water in amounts such as up to 40% by weight. See page 5. Builders may be used in composition in amounts from 0.5 to 5% by weight and include aminocarboxylates such as the tetrasodium salt of L-glutamic acid N,N-diacetic acid, etc. The pH value of the detergents is from 7 to 12. See page 11. Especially for cold water wash properties it can be beneficial to additionally include soap such as the alkali metal salts of C12-C18 fatty acids. Additionally, other ingredients may be used such as dyes, colorants, etc. See pages 11 and 12.
‘514 teaches a two component heavy duty laundry detergent composition that improves cleaning, in particular at temperatures below 60 degrees Celsius, more preferably at a temperature of 40 degrees Celsius or less. See pages 3 and 4. The composition can contain a chelating agents such as tetrasodium GLDA, etc. See page 10. Additionally, the composition may contain various dyes, etc., in amounts up to 1% by weight. See page 21. Ph adjusting agents may be used and include aliphatic fatty acids such as C3-C26 fatty acids, etc. See pages 28 and 29.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use an extractor washing machine in the cleaning process as taught by Clark, with a reasonable expectation of success, because Turnout Gear Cleaning – Redline Gear Cleaning teaches the use of extraction washing machines to clean turnout gear in a similar system and further, Clark teaches the use of industrial type washing machines in general for cleaning turnout gear.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a low temperature of, for example, 40 degrees Celsius and a pH for example, of 7 or 7.5 to clean turnout gear in the system taught by Clark, with a reasonable expectation of success, because Best Practices for Turnout Gear Cleaning teaches that when cleaning turnout gear cleaning, wash water temperature should not exceed 105 degrees Fahrenheit and the detergent must have a pH factor between 6 and 10.5 and further, Clark teaches turnout gear cleaning in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the cleaning composition as taught by ‘934 or ‘514 in the cleaning system taught by Clark, with a reasonable expectation of success, because ‘934 or ‘514 teach the use of cleaning compositions suitable for a wide variety of laundry and textiles at various temperatures including low temperatures and further, Clark teaches the use of laundry cleaning compositions in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to clean turnout gear at a temperature of less than 50 degrees Celsius by placing the turnout gear in an extractor washing machine and washing the gear with a specific cleaning composition as recited by the instant claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings Clark in view of Turnout Gear Cleaning – Redline Gear Cleaning (2021), Best Practices for Turnout Gear Cleaning (May 10, 2022), WO2018/028934, and WO2014/166514, suggest a method of cleaning turnout gear at a temperature of less than 50 degrees Celsius by placing the turnout gear in an extractor washing machine and washing the gear with a specific cleaning composition as recited by the instant claims.
Response to Arguments
With respect to the rejection of the instant claims under 35 USC 103 using Clark (US 6,613,155) in view of Turnout Gear Cleaning – Redline Gear Cleaning (2021), Best Practices for Turnout Gear Cleaning (May 10, 2022), WO2018/028934, and WO2014/166514, Applicant states that there is no recitation in Clark, or any of the other cited references, that would suggest to a person of ordinary skill in the art that the cleaning agent be monitored by assessing tubes and/or lines for the colorant, and Applicant believes that the Examiner has used improper hindsight to wrestle this limitation into the proposed rejection.
In response, note that, the Examiner asserts, as set forth above, that any operator of the cleaning equipment as taught by Clark would be assessing the cleaning equipment, cleaning agent/detergent levels, temperature, etc., during the cleaning process which would clearly fall within the broad scope of “monitoring the cleaning agent by assessing tubes and/or lines for the colorant” as recited by the instant claims. In other words, Clark et al clearly teach operating the cleaning equipment to clean turnout gear of the fire department facility, and transporting the mobile servicing facility away from the fire department facility (See Abstract), and the Examiner asserts that “operating” the cleaning equipment would clearly suggest and involve “monitoring” the cleaning equipment such as assessing cleaning tubes and/or lines as recited by the instant claims. See KSR, 550 U.S. at 418 (in making an obviousness determination, one “can take account of the inferences and creative steps that a person of ordinary skill in the art would employ”). Obviousness does not require certainty of success; it requires only a reasonable expectation of success. PAR Pharm., Inc. v. TWE Pharm., Inc., 773 F.3d 1186, 1198 (Fed. Cir. 2014) (“The reasonable expectation of success requirement for obviousness does not necessitate an absolute certainty for success.”). Thus, the Examiner asserts that the teachings of Clark (US 6,613,155) in view of Turnout Gear Cleaning – Redline Gear Cleaning (2021), Best Practices for Turnout Gear Cleaning (May 10, 2022), WO2018/028934, and WO2014/166514 are sufficient to render the claimed invention obvious under 35 USC 103.
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 GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/April 6, 2025