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 .
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 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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tabor (US-Pub 2023/0311136) in view of Davis (6488098) and McLoughlin (6676041).
Regarding claim 1, Tabor discloses a fire prevention and suppression assembly (100, fig 13), comprising: a cylindrical body (102, fig 13) having a sidewall (wall forming the tube 102), a threaded first end (par. 0012) and a second end (112, 114, fig 13), with a plurality of evenly spaced apertures (104, fig 13) formed in the sidewall therebetween; stabilizer feet (1300, fig 13) affixed to the cylindrical body diametrically opposite the plurality of evenly spaced apertures; and an end cap (110, fig 15) coupled to one of the first and second ends; wherein the plurality of spaced apertures are positioned in a predetermined pattern operative to disperse water evenly across a surface (the apertures are in a set pattern with even alternation, thus they would perform the claimed function of dispersing water evenly).
Tabor does not disclose wherein the apertures are arcuate in shape, or where the second end is threaded.
Davis teaches a fire extinguisher nozzle (14, fig 1) wherein the outlet apertures are arcuate in shape (16, fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the circular nozzle holes disclosed by Tabor by using a series of arcuate holes based on the teachings of Davis. Doing so would provide a better dispersion of fire extinguishing agent (col 2, line 1-8), as suggested by Davis.
McLoughlin teaches spray nozzle bar (8, fig 1) wherein one end is connected to a pressurized fluid source (32, fig 1) and the second end (34, fig 1) has a distal end cap (46, fig 1) wherein the end cap is connected to the end by a threaded cap (col 2, lines 29-35)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the end cap disclosed by Tabor by using a threaded end cap on the second end rather than a permanently sealed one such that the first and second ends would both be threaded based on the teachings of McLoughlin. Doing so would represent an alternate embodiment that would allow for cleaning inside of the pipe (col 2, line 29-35), as suggested by McLoughlin.
Regarding claim 2, Tabor as modified by Davis discloses wherein the plurality of evenly spaced arcuate apertures include a central, vertically oriented aperture and wherein the other of the plurality of evenly spaced arcuate apertures are oriented at graduated angles from the central, vertically oriented aperture in both directions to a location adjacent to each of the threaded first and second ends (par. 0087, Tabor, the third set of holes are vertical, while sets 1, 2, 4, and 5 are angled, with 1 and 5 being the most angled of the group, meaning the center holes are vertical, the holes on either side are slightly angled, and the holes at the end are much more angled as per the claim).
Regarding claim 3, Tabor as modified by McLoughlin discloses a coupler (1800, fig 18, Tabor), threadedly coupled to the other of the threaded first and second ends, operative to couple to an existing fire suppression water source (par. 0065).
Regarding claim 4, Tabor discloses wherein at least one of the threaded first and second ends has a diameter of between 1 ¾” and about 2 ½” (par. 0065, the threaded end can fit a 2 inch hose, and thus would have a diameter within the range in order to fit the hose size).
Regarding claim 5, Tabor discloses said stabilizer feet having lateral holes (holes arrow 1304 points to, fig 13) formed therein operative to accommodate a firefighter tool (118, fig 13).
Regarding claim 6, Tabor discloses at least one handle (116, fig 13).
Regarding claim 7, Tabor discloses wherein the fire prevention and suppression assembly is dimensioned to be accommodated under an electric vehicle undercarriage (par. 0008).
Regarding claim 8, Tabor as modified by Davis discloses coupling a water source hose to the fire prevention and suppression assembly of claim 1; urging the fire prevention and suppression assembly underneath an electric vehicle with the plurality of evenly spaced arcuate apertures oriented toward an undercarriage of the electric vehicle; and pressurizing the water source hose to continuously urge water through the plurality of evenly spaced arcuate apertures against the undercarriage for a selected time (par. 0064).
Regarding claim 9, Tabor discloses wherein the step of pressurizing the water source hose comprises providing water at a pressure of at least 50 psi (par. 0028).
Regarding claim 10, Tabor discloses coupling a water source hose to the fire prevention and suppression assembly of claim 1; and pressurizing the water source hose to continuously urge water through the plurality of evenly spaced arcuate apertures into the building for a selected time (par. 0112, the fire extinguisher can be used to put out any burning object, one of ordinary skill in the art would recognize that building fires are a common source fire that needs to be put out).
Tabor does not explicitly disclose inserting the fire prevention and suppression assembly through a building window.
The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B). A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F2d 618, 620, 195 USPQ 6,8 (CCPA 1977).
Here, Tabor discloses using the claimed invention to put out any burning object (par. 0112).
Therefore, since the general conditions of the claim, putting out a building fire, was disclosed in the prior art by Tabor, it is not inventive to discover the optimum process by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to put the fire extinguisher through the window of a building. It has been held “where the general conditions of a claim are discloses in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Response to Arguments
Applicant’s arguments, see remarks, filed 1/15/2026, with respect to the claim objections have been fully considered and are persuasive. The objection of claims 1, 2, 8, and 10 have been withdrawn.
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive. Applicant argues that the rejection does not disclose wherein the first and second sides are threaded, as both Tabor and McLoughlin only teach threading one end. This argument is not persuasive, as since Tabor teaches having a threaded end to connect to a hose and a solid end cap, while McLoughlin teaches a spray bar where the end cap is threaded, when modified by McLoughlin Tabor would have both ends threaded as per the claims.
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 SEAN V MEILLER whose telephone number is (571)272-9229. The examiner can normally be reached 7am-5pm.
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/SEAN V MEILLER/Examiner, Art Unit 3741
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741