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 .
Response to Amendment
The objection to claim 1 is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 11/24/2025, with respect to the rejections of claims 1, 9 under 103 have been fully considered and are persuasive as the amended claims do not teach the explicitly claimed channel. Therefore, the rejections are withdrawn. However, upon further consideration, new rejections are made in view of Penny (US 20180293878).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lang et al (United States Patent Application Publication 20210248901) in view of Penny (United States Patent Application Publication 20180293878 hereafter referred to as “Penny78”) in view of Penny (United States Patent Application Publication 20200035088 hereafter referred to as “Penny88”) the combination of which is hereafter referred to as “LPP”.
As to claim 1, Lang teaches a smoke detector unit (paragraph 0027 “The fire sensing device 200 can be, but is not limited to, a fire and/or smoke detector of a fire control system.”) comprising:
a detection chamber (Figure 1, paragraph 0022 “optical scatter chamber 104”);
a detector element configured to detect a presence of an aerosol within the detection chamber (Figure 1, paragraph 0022 “a transmitter light-emitting diode (LED) 105 and a receiver photodiode 106 to measure the aerosol density level”);
a housing (Figure 3, the large circles that indicate the body of the smoke detector, Figure 2 is an isometric view of this);
a reservoir for storing a fluid (Figure 3, paragraph 0036 “a reservoir to contain a liquid and/or wax used to create particles”);
an aerosol generator disposed within the housing (Figure 3, paragraph 0034 “adjustable particle generator 302”);
a channel connecting the aerosol generator to the detection chamber, wherein the aerosol generator is configured to generate the aerosol using the fluid such that the generated aerosol is released into the detection chamber via the channel (Figure 1, the arrows between elements 102 & 104, paragraph 0022 “the microcontroller 122 can send a command to the adjustable particle generator 102 to generate particles. The particles can be drawn through the optical scatter chamber 104 via the variable airflow generator 116” indicating there must exist a channel to guide the particles to the chamber); and
a flow controller (paragraph 0036 “The heat source 308 can heat the liquid and/or wax to a particular temperature and/or heat the liquid and/or wax for a particular period of time to generate an aerosol density level sufficient to trigger a fire response”).
While Lang teaches the existence of a channel (above), Lang does not explicitly teach a channel connecting the aerosol generator directly to the detection chamber, wherein the generated aerosol is released directly into the detection chamber via the channel. However, it is known in the art as taught by Penny78. Penny78 teaches a smoke detector testing system (Abstract “a fire detector testing device”) with a channel connecting the aerosol generator directly to the detection chamber (Figure 4, paragraph 0045 “tube 20”), wherein the generated aerosol is released directly into the detection chamber via the channel (Figure 4 has the aerosol generator at the end of the tube adjacent to the detector element 5, but paragraph 0071 teaches an embodiment in which “the liquid reservoir and the aerosol generator may be adjacent, such that the liquid in the liquid reservoir is aerosolised and the tube directs the aerosol towards the detector element of the fire detector”, which reads on the claimed limitation).
Lang as modified by Penny78 above does not teach a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator, wherein the aerosol generator is configured to activate at a predetermined time after the flow controller. However, it is known in the art as taught by Penny88. Penny88 teaches a smoke detector testing system (Abstract “A smoke detector test apparatus”) with a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator (Figure 1, paragraph 0068 “a fluid reservoir 7 which contains a fluid to be aerosolised, a tube leading downwards from the fluid reservoir 7 to a valve unit 9 and then to an aerosol generator 8”), wherein the aerosol generator is configured to activate at a predetermined time after the flow controller (paragraph 0089 “The operation of the valve unit 9 can be spaced in time from the operation of the aerosol generator 8”, and as the horizontal axis of Lang Figure 5 is increasing time indicating the aerosol is generated after the valve is operated). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator, wherein the aerosol generator is configured to activate at a predetermined time after the flow controller, in order to be able to store the test fluid in the reservoir for a very long period of time without it experiencing evaporation.
As to claim 2, LPP teaches everything claimed, as applied above in claim 1, in addition Lang teaches a controller (Figure 1, paragraph 0021 “microcontroller 122”) configured to: determine, based on readings from the detector element, how long the detector element is able to detect the generated aerosol in the detection chamber; and generate, based on how long the detector element is able to detect the generated aerosol in the detection chamber, an output indicating whether the smoke detector unit has passed a safety test (paragraph 0021 “processor 126 can execute the executable instructions stored in memory 124 to generate an aerosol density level, measure a rate at which the aerosol density level decreases after the aerosol density level has been generated, compare the measured rate at which the aerosol density level decreases with a baseline rate, and determine whether the fire sensing device 100 requires maintenance based on the comparison of the measured rate and the baseline rate.”, see Figure 5, where the lines 558-1 & 558-2 are fail/pass results based on sensor output over time, one of the thresholds being ‘does the signal drop off too fast’ as shown by line 558-4).
As to claim 3, LPP teaches everything claimed, as applied above in claim 1, in addition Penny88 teaches the aerosol generator is configured to activate up to 60 seconds after the flow controller (paragraph 0079 teaches “The valve metering chamber 41 remains filled after the valve has been closed until the aerosol generator 8 is operated.” and paragraph 0009 teaches “the test fluid can be stored in the reservoir for a very long period of time” which is an open-ended range which obviously includes the claimed 60 second period. As the applicant fails to teach the criticality of a 60 second delay, and as the time that the valve is opened is shown to be a result-effective variable (the horizontal axis of Figure 5 is increasing time and the sensor signal obviously depends on time), it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have any desired delay including the claimed 60 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges (amounts, proportions, etc) involves only routine skill in the art. See MPEP 2144.05(I).
As to claim 4, LPP teaches everything claimed, as applied above in claim 1, in addition Lang teaches the reservoir comprises a receptacle arranged to hold the fluid (paragraph 0036 “a reservoir to contain a liquid”).
As to claim 5, LPP teaches everything claimed, as applied above in claim 1, in addition Lang teaches the housing encloses the detection chamber and the detector element (Figure 1, the large circles (the housing, also shown isometrically in Figure 2) surround the elements of the smoke detector, including the optical scatter chamber 304, light source 305 and photodiode 306, see paragraph 0034).
As to claim 7, LPP teaches everything claimed, as applied above in claim 1, in addition Lang teaches the housing comprises a first housing enclosing the detection chamber and the detector element (the large outer circle encloses elements 304, 305 & 306), and a second housing enclosing the aerosol generator (Figure 2 teaches a large housing (the large outer circle) containing a multitude of smaller cylindrical & rectangular receptacles (i.e. housings) that contain the various elements of the smoke detector, e.g. variable airflow generator 216);
While Lang as modified by Penny88 and Penny78 above does not explicitly teach the claimed housings and openings between them, Lang Figure 2 teaches a multitude of smaller cylindrical & rectangular receptacles (i.e. housings) that contain the various elements of the smoke detector, e.g. variable airflow generator 216, Penny78 teaches direct flow between the generator and the chamber (e.g. see Figure 4 and tube 20 with openings at each end), and Lang Figure 1 teaches flow between the particle generator 102 and the detection chamber 104. As such, it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the claimed arrangement of housings and openings, in order to securely fasten the generator in the smoke detector at a desired position, and to allow for the generated aerosol to directly flow to the scattering chamber, in order to better control the aerosol conditions during a test.
As to claim 8, LPP teaches everything claimed, as applied above in claim 1, in addition Lang teaches a power supply, wherein the aerosol generator is electrically connected to the power supply (paragraph 0061 recites “At time 552-2, the variable airflow generator and the adjustable particle generator can be powered on (e.g., turned on)” indicating there must be a connected power supply).
As to claim 9, Lang teaches a system comprising: a smoke detector unit (paragraph 0027 “The fire sensing device 200 can be, but is not limited to, a fire and/or smoke detector of a fire control system.”) comprising:
a detection chamber (Figure 1, paragraph 0022 “optical scatter chamber 104”);
a detector element configured to detect a presence of an aerosol within the detection chamber (Figure 1, paragraph 0022 “a transmitter light-emitting diode (LED) 105 and a receiver photodiode 106 to measure the aerosol density level”);
a housing (Figure 3, the large circles that indicate the body of the smoke detector, Figure 2 is an isometric view of this);
a reservoir for storing a fluid (Figure 3, paragraph 0036 “a reservoir to contain a liquid and/or wax used to create particles”);
an aerosol generator disposed within the housing (Figure 3, paragraph 0034 “adjustable particle generator 302”);
a channel connecting the aerosol generator directly to the detection chamber, wherein the aerosol generator is configured to generate the aerosol using the fluid such that the generated aerosol is released into the detection chamber via the channel (Figure 1, the arrows between elements 102 & 104, paragraph 0022 “the microcontroller 122 can send a command to the adjustable particle generator 102 to generate particles. The particles can be drawn through the optical scatter chamber 104 via the variable airflow generator 116” indicating there must exist a channel to guide the particles to the chamber); and
a flow controller (paragraph 0036 “The heat source 308 can heat the liquid and/or wax to a particular temperature and/or heat the liquid and/or wax for a particular period of time to generate an aerosol density level sufficient to trigger a fire response”); and
a controller (Figure 1, paragraph 0021 “microcontroller 122”) configured to: determine, based on readings from the detector element, how long the detector element is able to detect the generated aerosol in the detection chamber; and generate, based on how long the detector element is able to detect the generated aerosol in the detection chamber, an output indicating whether the smoke detector unit has passed a safety test (paragraph 0021 “processor 126 can execute the executable instructions stored in memory 124 to generate an aerosol density level, measure a rate at which the aerosol density level decreases after the aerosol density level has been generated, compare the measured rate at which the aerosol density level decreases with a baseline rate, and determine whether the fire sensing device 100 requires maintenance based on the comparison of the measured rate and the baseline rate.”, see Figure 5, where the lines 558-1 & 558-2 are fail/pass results based on sensor output over time, one of the thresholds being ‘does the signal drop off too fast’ as shown by line 558-4).
While Lang teaches the existence of a channel, Lang does not teach a channel connecting the aerosol generator directly to the detection chamber, wherein the generated aerosol is released directly into the detection chamber via the channel. However, it is known in the art as taught by Penny78. Penny78 teaches a smoke detector testing system (Abstract “a fire detector testing device”) with a channel connecting the aerosol generator directly to the detection chamber (Figure 4, paragraph 0045 “tube 20”), wherein the generated aerosol is released directly into the detection chamber via the channel (Figure 4 has the aerosol generator at the end of the tube adjacent to the detector element 5, but paragraph 0071 teaches an embodiment in which “the liquid reservoir and the aerosol generator may be adjacent, such that the liquid in the liquid reservoir is aerosolised and the tube directs the aerosol towards the detector element of the fire detector”, which reads on the claimed limitation).
Lang as modified by Penny78 above does not teach a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator, wherein the aerosol generator is configured to activate at a predetermined time after the flow controller. However, it is known in the art as taught by Penny88. Penny88 teaches a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator (Figure 1, paragraph 0068 “a fluid reservoir 7 which contains a fluid to be aerosolised, a tube leading downwards from the fluid reservoir 7 to a valve unit 9 and then to an aerosol generator 8”), wherein the aerosol generator is configured to activate at a predetermined time after the flow controller (paragraph 0089 “The operation of the valve unit 9 can be spaced in time from the operation of the aerosol generator 8”, and as the horizontal axis of Lang Figure 5 is increasing time indicating the aerosol is generated after the valve is operated). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a flow controller configured to control flow of the fluid from the reservoir to the aerosol generator, wherein the aerosol generator is configured to activate at a predetermined time after the flow controller, in order to be able to store the test fluid in the reservoir for a very long period of time without it experiencing evaporation.
As to claim 10, LPP teaches everything claimed, as applied above in claim 9, in addition Lang teaches a control panel connected to the smoke detector unit, wherein the control panel comprises the controller (Figure 4, paragraph 0050 “The monitoring device 401 can be a control panel, a fire detection control system, and/or a cloud computing device of a fire alarm system. The monitoring device 401 can be configured to send commands to and/or receive test results from a fire sensing device 400”).
As to claim 11, LPP teaches everything claimed, as applied above in claim 9, in addition Penny88 teaches the aerosol generator is configured to activate up to 60 seconds after the flow controller (paragraph 0079 teaches “The valve metering chamber 41 remains filled after the valve has been closed until the aerosol generator 8 is operated.” and paragraph 0009 teaches “the test fluid can be stored in the reservoir for a very long period of time” which is an open-ended range which obviously includes the claimed 60 second period. As the applicant fails to teach the criticality of a 60 second delay, and as the time that the valve is opened is shown to be a result-effective variable (the horizontal axis of Figure 5 is increasing time and the sensor signal obviously depends on time), it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have any desired delay including the claimed 60 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges (amounts, proportions, etc) involves only routine skill in the art. See MPEP 2144.05(I).
As to claim 12, LPP teaches everything claimed, as applied above in claim 9, in addition Lang teaches the reservoir comprises a receptacle arranged to hold the fluid (paragraph 0036 “a reservoir to contain a liquid”).
As to claim 13, LPP teaches everything claimed, as applied above in claim 9, in addition Lang teaches the housing encloses the detection chamber and the detector element (Figure 1, the large circles (the housing, also shown isometrically in Figure 2) surround the elements of the smoke detector, including the optical scatter chamber 304, light source 305 and photodiode 306, see paragraph 0034).
As to claim 14, LPP teaches everything claimed, as applied above in claim 9, in addition Lang teaches the housing comprises a first housing enclosing the detection chamber and the detector element (the large outer circle encloses elements 304, 305 & 306), and a second housing enclosing the aerosol generator (Figure 2 teaches a large housing (the large outer circle) containing a multitude of smaller cylindrical & rectangular receptacles (i.e. housings) that contain the various elements of the smoke detector, e.g. variable airflow generator 216);
While Lang as modified by Penny88 and Penny78 above does not explicitly teach the claimed housings and openings between them, Lang Figure 2 teaches a multitude of smaller cylindrical & rectangular receptacles (i.e. housings) that contain the various elements of the smoke detector, e.g. variable airflow generator 216, Penny78 teaches direct flow between the generator and the chamber (e.g. see Figure 4 and tube 20 with openings at each end), and Lang Figure 1 teaches flow between the particle generator 102 and the detection chamber 104. As such, it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the claimed arrangement of housings and openings, in order to securely fasten the generator in the smoke detector at a desired position, and to allow for the generated aerosol to directly flow to the scattering chamber, in order to better control the aerosol conditions during a test.
As to claim 15, LPP teaches everything claimed, as applied above in claim 9, in addition Lang teaches a power supply, wherein the aerosol generator is electrically connected to the power supply (paragraph 0061 recites “At time 552-2, the variable airflow generator and the adjustable particle generator can be powered on (e.g., turned on)” indicating there must be a connected power supply).
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 JARREAS UNDERWOOD whose telephone number is (571)272-1536. The examiner can normally be reached M-F 0600-1400 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, Michelle Iacoletti can be reached at (571) 2705789. 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.
/J.C.U/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877