DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on June 2, 2026 is acknowledged.
Claims 19 and 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 June 2, 2026.
Information Disclosure Statement
The IDS forms filed on November 20, 2023 and June 2, 2026 are hereby acknowledged and have been placed of record. Please find attached a signed copy of the aforementioned IDS forms.
Claim Objections
Claims 9 and 15-17 are objected to because of the following informalities:
In claim 9, on line 6, “open position” should be replaced with --open state--
In claim 9, on line 7, “closed position” should be replaced with --closed state--.
In claim 15, on line 3, “port” should be replaced with --ports--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, on line 9, the recitation, “the first number of control pressure outlet ports” is unclear. It appears that antecedent basis was intended to be provided on line 4 of the claim. However, “the first number of...” is different than “a number of first...” Is the recitation on line 9 intended to refer to the “number of first control pressure outlet ports” introduced on line 4?
Regarding claim 11, on lines 2-3, the introduction of “a plurality of second flow paths” is unclear. The chain of claims which includes claim 11 does not set forth any “first flow paths”, whereby an introduction of “...second flow paths” would be logical. Thus, it is unclear whether or not the scope of claim 11 also includes a plurality of first flow paths. Applicant’s attention is also directed to the issue noted below with respect to claim 12.
Regarding claim 12, on lines 1-2, the recitation, “the first and second control paths” lacks antecedent basis. What exactly are these “control” paths, as compared to the “flow” paths introduced in claim 11. Also, as discussed above with respect to claim 11, no “first flow paths” are positively introduced in the chain of claims which includes claim 11, so as to provide clear antecedent basis for “the first and second flow paths” (if the aforementioned recitation in claim 12 was intended to recite “flow paths”, rather than “control paths”.
Regarding claim 13, on line 4, the recitation, “the second flow path” is unclear, since claim 11 introduces “a plurality of second flow paths”.
Regarding claim 18, on lines 2 and 5, the claim recites, “fire identification detectors” and “fire identifier detectors”, respectively. Are these one and the same elements?
Regarding claim 22, the syntax of the recitations on the last two lines of the claim, render the claim unclear.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,806,562. Although the claims at issue are not identical, they are not patentably distinct from each other because the aforementioned patented claims include each of the recited elements and interrelated details thereof, as set forth in claims 1-18 and 22 of the instant application, as set forth below.
Regarding claim 1, see patented claims 1 and 8.
Regarding claim 2, see patented claims 1 and 2.
Regarding claim 3, see patented claim 3.
Regarding claim 4, see patented claim 4.
Regarding claim 5, see patented claim 5.
Regarding claim 6, see patented claim 6.
Regarding claim 7, see patented claim 7.
Regarding claim 8, see patented claim 8.
Regarding claim 9, see patented claim 9.
Regarding claim 10, see patented claim 10.
Regarding claim 11, see patented claim 11.
Regarding claim 12, see patented claim 12.
Regarding claim 13, see patented claim 13.
Regarding claim 14, see patented claim 14.
Regarding claim 15, see patented claim 15.
Regarding claim 16, see patented claim 16.
Regarding claim 17, see patented claim 17.
Regarding claim 18, see patented claim 18.
Regarding claim 22, see patented claims 1 and 8.
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, 15, 18 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al., US Patent Application Publication No. 2017/0014656.
As to claim 1, Smith shows a pneumatic control device (see Fig. 1) for multi-zone fire extinguishing installations, comprising: a control pressure inlet port (the inlet port associated with, and downstream from, the line which extends from 15) for connection to a control pressure source (15), a number of first control pressure outlet ports (the outlet ports associated, and leading from, each of 9, towards 1a, 1b) for connection to a corresponding number of extinguishing agent containers (1a, 1b), a number of second control pressure outlet ports (the outlet ports associated with each of 16) for connection to a corresponding number of zone valves (6a), and a quantity control module including a switching matrix (at 9) for the association of one or more of the first number of control pressure outlet ports with each of the second control pressure outlet ports.
As to claim 15, Smith shows a control device as set forth in claim 1, and further comprising a fire extinguishing release module (3b) arranged in adjoining relationship downstream of the quantity control module, and each of the number of first control pressure outlet ports comprises a release valve (2a, 2b) reciprocatingly switchable between an open position and a closed position.
As to claim 18, Smith shows a multi-zone fire extinguishing installation (see Fig. 1) comprising: a plurality of fire identification detectors (20) which are respectively arranged in a region (17) of an object to be monitored; a fire alarm and/or extinguishing control station connected in signal-conducting relationship to the fire identification detectors (see paragraphs [0046], [0064] and [0065]); a number of extinguishing agent containers (1a, 1b); a piping network (associated with, between and including 3a, 3b) connected to the extinguishing agent containers for transporting the extinguishing agent, wherein the piping network has a number of zone valves (6a); a control pressure source (15); and a control device which is in accordance with claim 1 and is connected to the fire alarm and/or extinguishing control station in signal-conducting relationship and is controlled thereby (see again, paragraphs [0046], [0064] and [0065]).
As to claim 22, it is noted that the claim is so broadly recited that it merely requires “a switching matrix”. Thus, see Fig. 1 of Smith, and see the discussion above with respect to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publications to Claessen et al., Sandahl et al., Rennie et al. and Ryczek et al., and Foreign Patent Publications to Fuchs and Zhong et al., are cited as of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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/DARREN W GORMAN/Primary Examiner, Art Unit 3752
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