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Currently claims 1-20 are pending and claims 5-6 and 11-20 are withdrawn.
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 09/29/2025 is acknowledged.
Applicant’s election without traverse of Species A1 (figures 1a) in a phone call on Friday 10/24/2025 is acknowledged.
Claims 5-6 and 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim.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 09/29/2025.
Claim Objections
Claims 3 and 4 objected to because of the following informalities: “one or more valve” should read “one or more valves.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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) 1-4, 7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doane (U.S. 2021/0069659).
With respect to claim 1, Doane discloses a mobile fire suppression system (see figures 3-5), comprising:
a pump (210) comprising a pump housing (the housing of pump 210) defining a suction inlet (inlet adjacent 200) and a discharge outlet (going to 225);
a substance release tube (release tube going to 235) comprising a substance inlet (inlet at 230) and a substance release outlet (outlet of 235);
a first tank for receiving a foaming agent (205, containing the foam concentrate), the first tank comprising a first cavity (cavity within 205), a first inlet (inlet that receives the concentrate, paragraphs 0046 and 0049), and a first outlet (outlet going to 245);
a second tank (tank 200) for receiving the foaming agent and a carrier agent (water from 260), the second tank comprising a second cavity (cavity within 200), a second inlet (inlet from 265), and a second outlet (outlet going to 210), the second cavity being in selective fluid communication with the first outlet of the first tank and the suction inlet of the pump (being in selective fluid communication via valves at 245 and 280); and
a recirculation valve assembly (225 and 240) comprising a recirculation inlet (inlet from 290) fluidly connected to the discharge outlet of the pump (at the pumps discharge), a release outlet fluidly connected to the substance inlet of the substance release tube (being either the release outlet from 225 to 240, or the release from 240 to that of 235), and a recirculation outlet (going to 215) in fluid communication with the second cavity of the second tank (as seen in figure 2), the recirculation valve assembly being operable to selectively direct a flow from the recirculation inlet to one of the release outlet and the recirculation outlet (as shown in figure 2).
With respect to claim 2, Doane discloses the recirculation valve assembly comprises a recirculation valve (225) and a release valve (240), the recirculation valve comprising the recirculation outlet (going to 215), and the release valve comprising the release outlet (going to 235).
With respect to claim 3, Doane discloses one or more valve positioned between the first outlet and the second cavity (see figure 2, valve 245), each of the one or more valve having an open position and a closed position (opening/closing to allow the concentrate in or not into the tank).
With respect to claim 4, Doane discloses each of the one or more valve comprises a housing (housing that the valve which moves resides within) defining a valve inlet (inlet of the valve) fluidly connected to the first cavity (cavity that the valve sits within) and a valve outlet fluidly connected to the second cavity (outlet from the valve where the conduit leading from the valve is attached to).
With respect to claim 7, Doane discloses a support frame (base 400) supporting at least one of the pump (supporting the whole device), the substance release tube, the first tank, the second tank, and the recirculation valve assembly (as the base 400 would support the whole device).
With respect to claim 9, Doane discloses the support frame (400) has at least two of a first side, a second side, a first end, and a second end (having 2 sides and a front end and back end), and wherein the mobile fire suppression system further comprises one or more fork engagement point (at 415) attached to the at least two of the first side, the second side, the first end, and the second end (extending from a first side to a second side), each of the one or more fork engagement point operable to engage a fork of a forklift (paragraph 0079).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doane in view of Tygard (U.S. 2017/0369295).
With respect to claim 8, Doane discloses the support frame (500) has at least two of a first side, a second side, a first end, and a second end (having 2 sides and a front end and back end), but fails to disclose wherein the mobile fire suppression system further comprises one or more clamp engagement point attached to the at least two of the first side, the second side, the first end, and the second end, each of the one or more clamp engagement point operable to engage an arm of a bale clamp attachment of a forklift.
Tygard, paragraph 0012, discloses using a bale clamp with a forklift as a forklift attachment to engage and support a load of the forklift.
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 a bale clamp attachment with a forklift as disclosed by Tygard with the system of Doane, to further allow for engagement and support of the load. Noting that the engagement points attached to the sides, are the upper side walls and area in which the clamp then engages, located about the sides of the device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doane in view of McLoughlin (U.S. 2012/0285706).
Wit respect to claim 10, Doane discloses the substance release tube, but fails to disclose the substance release tube includes a turret operable to direct the substance release outlet at a determined location.
McLoughlin, paragraph 0012, figure 1, discloses the use of a turret 20 that allows for a rotational aiming nozzle that can be easily manipulated to accurately direct a liquid at the fire.
It would have bene obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a turret such as McLoughlin into the system of Doane, thereby allowing the system to have an aimable nozzle that can be easily manipulated to accurately direct a liquid at the fire.
Conclusion
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.
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, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752