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 .
Status of Claims
Currently claims 1-10, 13-14, 16, and 18-20 are pending, claims 1, 13, 16, and 18-20 are amended, and claims 11-12, 15, and 17 are cancelled.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-4, 6-8, and 10, 13-14, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pitell (6352121) in view of Valdatta (U.S 4091876).
With respect to claim 1, Pitell discloses a fire suppression system for vehicles comprising:
a reservoir (16), a pump (18), a plurality of spray nozzles (at the end of 13 where the 11/12 are located), and a plurality of impact sensors (11);
wherein the reservoir, the pump, the plurality of spray nozzles, and the plurality of impact sensors are coupled to a vehicle (figures 1-3);
wherein responsive to an impact (column 4 rows 15-30) , the fire suppression system for vehicles sprays a fire suppression agent carried within the reservoir onto an impacting vehicle to prevent ignition of a fire or to extinguish the fire such that the fire is prevented from reaching a flammable cargo (extinguishing the fire such that it prevents the fire from reaching a flammable cargo, column 4 rows 15-30),
wherein the plurality of impact sensors are operable to detect the impact and to alert the pump to the impact (column 4 rows 1-25);
wherein an individual impact sensor produces an electrical signal responsive to the impact (the signal from 11 to start the pump and dispense the fire extinguishing material to the conduits to the sensors that was acetated by the impact);
wherein the electrical signal is conveyed to the pump (column 4 rows 1-20);
wherein responsive to receiving the electrical signal from any of the plurality of impact sensors, the pump is energized by the electrical potential and pumps the fire suppression agent to the plurality of spray nozzles (column 4 rows 1-20),
wherein the fire suppression agent extinguishes the fire and/or prevents ignition of the fire (as disclosed by Pitell, where the fire suppression agent extinguishes fire).
Pitell fails to disclose the vehicle is a truck or a tanker, the plurality of spray nozzles are coupled to the exterior of the truck, such that the plurality of spray nozzles are directed at the impacting vehicle; wherein the plurality of spray nozzles are mounted on a rear of the truck or the tanker such that the plurality of spray nozzles discharge the fire suppression agent onto the impacting vehicle that is to the rear of the truck.
Valdatta, figure 1 and field of invention, discloses the use of a fire suppression for a vehicle for both exterior and interior of trailers and the like, where by using sprinkler heads about the vehicle fire can be prevented from spreading to the trailer from around the nearby area, column 3 rows 35-45. The shown nozzles being places at a rear of the vehicle, and applying fluid about the rear outwardly from the shown sprinkler heads.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further utilize trailers (and thus trucks with said trailers) and the use of exterior nozzles such as Valdatta into the system of Pitell, allowing for the system to protect not only the fire within a car, but preventing the fire from spreading to the vehicle from around the vehicle upon any sense if heat or impact. The specific use of such a system of any vehicle (cars, trucks, trailers (cargo trailers being taken as trucks with the trailers on back, tankers) would have been an obvious inclusion to any vehicle that is mobile and able to be impacted in an accident. The nozzles of Valdatta being spaced on the exterior of the vehicle, and thus, a vehicle that has impacted the now amended Pitell would be sprayed by the fluid coming from the exterior facing nozzles preventing spread of the fire to the vehicle (and also would prevent the spread of fire then to the vehicle having the nozzle by creating a wall of fluid therebetween).
With respect to claim 2, Pitell discloses the reservoir is a container for storing the fire suppression agent (column 4 rows 1-20);
wherein the fire suppression agent flows from the reservoir to the pump (column 4 rows 1-20).
With respect to claim 3, Pitell discloses the fire suppression agent flows from the reservoir to the pump but fails to disclose being due to gravity. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the tank above the pump and thus the force of gravity acting to move fluid, since it has been held that rearranging parts of an invention involve sonly routine skill in the art. MPEP 2144.04(VI-C). Please note applicant has not made any criticality for the use of gravity in the specification for moving the fluid from the container to the pump.
With respect to claim 4, Pitell discloses the fire suppression agent flows from the reservoir to the pump due to suction created by the pump (as the pump enacts force on the fluid thus acting to suction from the reservoir as the pump mechanically dispenses the fluid from the container to the conduits).
With respect to claim 6, Pitell as modified discloses the vehicle, reservoir, and a top of the vehicle, as well as the obvious rational to utilize the system on a truck or tanker, but fails to specifically disclose the reservoir is coupled to the top of the truck or the tanker. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the reservoir on the top of the truck or tanker, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI-C). Please note that the applications disclosure fails to disclose any criticality for the placement.
With respect to claim 7, Pitell as modified discloses the pump moves the fire suppression agent from the reservoir to the plurality of spray nozzles (column 4 rows 1-20).
With respect to claim 8., Pitell as modified discloses the pump is electromechanical (such that it runs from a motor 25 to actuate the pump 18) and comprises an internal motor (25) that is energized by the application of an electrical potential to the pump (as the pump is noted energized).
With respect to claim 10, Pitell as modified discloses the pump is coupled to the reservoir (column 4 rows 1-20, coupled fluidly to the container and structurally via the line from the container to the pump).
With respect to claim 13, Pitell as modified discloses the fire suppression agent is pumped from the pump to the plurality of spray nozzles through tubing (tubing 13).
With respect to claim 14, Pitell as modified discloses the plurality of spray nozzles are positioned at multiple heights, positioned at multiple lateral offsets (as disclosed by both Pitell and Valdatta, where the nozzles are all laterally offset about the vehicle), oriented in multiple directions (as disclosed being oriented in multiple directions around a front side, back, and sides of the vehicle), or any combination thereof in order to maximize a coverage area of the fire suppression agent.
With respect to claim 16, Pitell as modified discloses the plurality of impact sensors detect the impact via shock and/or vibration conveyed to the plurality of impact sensors indirectly (detecting the impact, thus detecting the shock to the vehicle at the point of impact).
With respect to claim 18, Pitell as modified discloses the fire suppression agent is water (Valdatta discloses using water, abstract, being a known and effective fire suppressant that is readily available).
With respect to claim 19, Pitell as modified discloses the fire suppression agent comprises chemical additives that increase the effectiveness of the fire suppression agent (Valdatta discloses the use of carbon dioxide with the water, such a combination would have been an obvious inclusion into the system of Pitell to suppress a fire, since such materials were well known in the art to be used to suppress fires. MPEP 2144.07).
With respect to claim 20, Pitell as modified discloses the use of a fire suppression agent and nozzles, but fails to disclose the fire suppression agent is a foaming agent that is dispersed from the plurality of spray nozzles as a fire suppressing foam.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a material such as a foaming agent in the system of Pitell, since it has been held to be within the general skill of worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Please note in the instant application, applicant has not disclosed any criticality for the claimed foaming agent being used.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pitell and Valdatta as applied to claim 1 above, and further in view of Green (U.S. 3,884,308.
With respect to claim 5, Pitell as modified discloses the reservoir and agent, but fails to disclose the reservoir is vented to aid in the flow of the fire suppression agent.
Green, column 1 rows 25-35, discloses using a vent with the tank to allow the water filling the tanks to be filled with air under pressure, and thus improving the flow pressure of the fluid in the system (column 1 rows 25-45).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a vented reservoir as disclosed by Green into the system of Valdatta to obtain a desired higher pressure in the system for suppressing a fire, saving power needed from the pump.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pitell and Valdatta as applied to claim 8 above, and further in view of Duncan (U.S. 2021/0402234).
With respect to claim 9, Pitell as modified in the rejection of claim 8, discloses the pump and a motor, but fails to disclose the pump moves the fire suppression agent by applying rotary motion, reciprocating motion, linear motion, or a combination thereof to one or more gears, screws, pistons, shuttle blocks, vanes, diaphragms, plungers, chains, ropes, impellers, or combinations thereof. Though use of a motor with a pump, would indicate the application of rotary, reciprocating, or linear motion as the motor then moves some element of the pump to pump the fluid.
Duncan, paragraph 0208, discloses an electric motor operation diaphragm pump which allows fir a suitably flow rate and pressure to the fluid
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a diaphragm in a pump as disclosed by Duncan into the system of Pitell as modified, as the motion from the motor would then move the pump and apply a desired pressure and flow rate sufficient for suppressing a fire from a nozzles spray.
Response to Arguments/Amendments
The Amendment filed (10/21/2025) has been entered. Currently claims 1-10, 13-14, 16, and 18-20 are pending, claims 1, 13, 16, and 18-20 are amended, and claims 11-12, 15, and 17 are cancelled. Applicants’ amendments to the claims have failed to overcome each and every rejection previously set forth in the Office Action dated (09/10/2025). Applicant's arguments filed 10/21/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art fails to disclose “an impact from an impacting vehicle from the read of the truck in order to initiate the fire suppression system so as to extinguish or prevent a fire from igniting.” Examiner, respectfully disagrees. The primary reference, Pitell, discloses the impact sensor, pump, and internal nozzles. Where the pump activates to pump fluid when an impact is detected. The deficiency is external nozzles about, and specifically at the back, of the vehicle. Valdatta discloses nozzles about a vehicle to protect it and its surroundings from a fire, such a combination is then that, the nozzles of Pitell further include such exterior (including rear) nozzles, that when the system activates not only applies suppressant internally but also externally the vehicle. Due to the system starting due to an impact sensor, the impacting vehicle would then be sprayed from these external nozzles. It is noted there is different arrangement and structure of the nozzles, but such differences are not currently claimed. Currently, it is understood that external nozzles such as disclosed by Valdatta read on the current claim limitations, as they are mounted on the rear of the truck, discharge the fire suppression agent, and discharge it about the body, where the impacting vehicle would be located.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/ Primary Examiner, Art Unit 3752