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 with traverse of Group I in the reply filed on February 27, 2026 is acknowledged. The traversal is on the ground(s) that the Office has not set forth a serious search burden amongst each Group. This is not found persuasive because a serious search burden is not a proper ground for traversal of a lack of unity of invention. Even so, a search of multiple inventions lacking a unity of invention constitutes a serious burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 27, 2027.
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 1-11 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.
Claim 1 recites the limitation “determine a speed and a direction of an airflow” in line 5. Not all detectors are capable of detecting airflow speed and direction. The claim fails to recite structure to accomplish the function of determining a speed and a direction of an airflow. The structure recited in the claim is not commensurate in scope with the function recited in the claim.
Claim 1 recites the limitation “an offset for the active hazard event” in line 6. The claim fails to provide a reference to determine “offset.”
Claim 1 recites the limitation “provide an actuation command to a sprinkler” in line 8. The claim fails to recite structure to accomplish the function of providing an actuation command to a sprinkler. How does the actuation command get to the sprinkler? The structure recited in the claim is not commensurate in scope with the function recited in the claim.
Claim 2 recites the limitation "the input signal from the first detector" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the input signal from the first detector" in line 9. It appears to be a double inclusion of the “input signal from the detector” recited in claim 1.
In claim 3, the recitation “the first sprinkler disposed the first distance away from the detector” is grammatically and idiomatically incorrect.
In claim 3, the recitation “the second sprinkler disposed the second distance away from the detector” is grammatically and idiomatically incorrect.
In claim 3, the recitation “the second distance being longer than the first distance” is idiomatically incorrect.
Claim 3 recites the limitation "the actuation command to the second sprinkler" in line 7. There is insufficient antecedent basis for this limitation in the claim.
In claim 4, the recitation “the first sprinkler disposed a first distance away from the detector” is grammatically and idiomatically incorrect.
In claim 4, the recitation “a second sprinkler disposed a second distance away from the detector” is grammatically and idiomatically incorrect.
In claim 4, the recitation “the second distance being longer than the first distance” is idiomatically incorrect.
Claim 4 recites the limitation "the actuation command to the second sprinkler" in line 7. There is insufficient antecedent basis for this limitation in the claim.
In claim 4, the recitation “the first sprinkler disposed the first distance away from the detector” is grammatically and idiomatically incorrect.
In claim 4, the recitation “the second sprinkler disposed a second distance away from the detector” is grammatically and idiomatically incorrect.
Clam 7 recites the limitation “a ceiling height” in line 2. It is uncertain whether a ceiling is a positively recited limitation. Neither claim 1 nor claim 7 recites a ceiling.
Claim 8 recites the limitation “a plurality of detectors” in line 2. At least one of the plurality of detectors appears to be a double inclusion of the “detector” recited in claim 1.
Claim 9 recites the limitation “an electronically activated sprinkler system” in line 2. It appears to be double inclusion of the “sprinkler” recited in claim 1.
Claim 9 recites the limitation “a fire” in lines 3-4. It appears to be a double inclusion of the “active hazard event” recited in claim 1.
Claim 10 recites the limitation “a plurality of detectors” in line 2. At least one of the plurality of detectors appears to be a double inclusion of the “detector” recited in claim 1.
Claim 10 recites the limitation “a fire” in lines 2-3. It appears to be a double inclusion of the “active hazard event” recited in claim 1.
Claim 10 recites the limitation “a plurality of sprinklers” in line 4. At least one of the plurality of sprinklers appears to be a double inclusion of the “sprinkler” recited in claim 1.
Claim 10 recites the limitation “axially” in line 6. The claim fails to define a reference to determine “axially.”
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(s) 1, 2, 5, 6 and 11 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Magnone et al. (2021/0069538; cited in the IDS filed on August 18, 2023).
Magnone et al. disclose a fire protection system, comprising:
a controller 130 communicably coupled with a detector 140 (wind condition detector is inherent in factoring wind speed and/or direction; paragraph 0038), the controller to (claim 1 is directed to an apparatus; the recitation “controller to:…” merely indicates the intended functional of the controller and only requires the capability to perform the function; it does not constitute a positively recited limitation):
receive an input signal from the detector (inherent in factoring wind speed and/or direction; paragraph 0038), the detector disposed at a location of a space (space of building 10 and its surrounding area), the input signal indicating an active hazard event (fire);
determine a speed and a direction of an airflow in the space (inherent in factoring wind speed and/or direction; paragraph 0038);
determine an offset (offset; paragraph 0036) for the active hazard event, the offset based on at least one of the speed and the direction of the airflow (see paragraph 0036-0038); and
provide an actuation command to a sprinkler 110 based on the input signal received from the detector and based on the offset for the active hazard event (paragraph 0036);
comprising:
the detector is a first detector 140A and the location of the space is a first location of the space;
the controller communicably coupled with a second detector 140B, the controller to:
receive an input signal from the second detector, the second detector disposed at a second location of the space, the input signal from the second detector indicating the active hazard event; and
determine at least one of the speed and the direction of the airflow (paragraph 0038) in the space based on at least one of the first location of the space relative to the second location of the space and a time between receipt of the input signal from the first detector and receipt of the input signal from the second detector;
comprising:
the offset for the active hazard event defined by at least one of a distance away from the detector (see figure 1 and paragraph 0037) and a number of sprinklers away from the detector;
comprising:
the detector including an anemometer (inherent in factoring wind speed and/or direction; paragraph 0038) and the input signal indicating at least one of the speed and the direction of the airflow in the space;
comprising:
the detector including at least one of a smoke sensor, a heat sensor (infrared sensor elements 144; paragraph 0020), and an anemometer (inherent in factoring wind and/or direction; paragraph 0038).
Claim(s) 1-6 and 11 (as best understood) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Johnson (11,666,788).
Johnson discloses a fire protection system, comprising:
a controller 100 communicably coupled with a detector 109.1-109.P (col. 9, ll. 51-55), the controller to (claim 1 is directed to an apparatus; the recitation “controller to:…” merely indicates the intended functional of the controller and only requires the capability to perform the function; it does not constitute a positively recited limitation):
receive an input signal from the detector, the detector disposed at a location of a space (figure 5A and 5B), the input signal indicating an active hazard event (fire);
determine a speed and a direction of an airflow in the space (col. 9, ll. 51-55);
determine an offset (upwind) for the active hazard event, the offset based on at least one of the speed and the direction of the airflow (col. 9, ll. 51-55); and
provide an actuation command to a sprinkler 108.1-108.N based on the input signal received from the detector and based on the offset for the active hazard event;
comprising:
the detector is a first detector 109.1 and the location of the space is a first location of the space;
the controller communicably coupled with a second detector 109.2, the controller to:
receive an input signal from the second detector, the second detector disposed at a second location of the space, the input signal from the second detector indicating the active hazard event; and
determine at least one of the speed and the direction of the airflow in the space based on at least one of the first location of the space relative to the second location of the space and a time between receipt of the input signal from the first detector and receipt of the input signal from the second detector;
comprising:
the sprinkler is a first sprinkler 108.1, the first sprinkler disposed a first distance away from the detector (sensor closest to spray head 108.1);
a second sprinkler 108.2 disposed a second distance away from the detector, the second distance being longer than the first distance; and
the controller to bypass the first sprinkler disposed the first distance away from the detector and provide the actuation command to the second sprinkler disposed the second distance away from the detector (where spray head 108.2 is upwind);
comprising:
the sprinkler is a first sprinkler 108.1, the first sprinkler disposed a first distance away from the detector (sensor closest to spray head 108.1);
a second sprinkler 108.2 disposed a second distance away from the detector, the second distance being longer than the first distance; and
the controller to provide a hold command to the first sprinkler disposed the first distance away from the detector and provide the actuation command to the second sprinkler disposed the second distance away from the detector (where spray head 108.2 is upwind), the hold command to at least temporarily inhibit the first sprinkler from actuating;
comprising:
the offset for the active hazard event defined by at least one of a distance away from the detector (see figures 5A and 5B) and a number of sprinklers away from the detector;
comprising:
the detector including an anemometer (inherent in detecting wind speed and/or direction; col. 9, ll. 51-55) and the input signal indicating at least one of the speed and the direction of the airflow in the space;
comprising:
the detector including at least one of a smoke sensor (col. 9, ll. 51-55), a heat sensor (col. 9, ll. 51-55), and an anemometer (col. 9, ll. 51-55).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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 O 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.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK