DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on March 18, 2026 has been entered.
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 Objections
Claim 18 is objected to because of the following informalities: In line 3, the word “detachable” should be changed to --detachably--. The above change should be done to correct a minor typographical error, maintain the claim language as previously presented in now canceled claim 21 and to clearly define the invention. 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 2-13, 16 and 17 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 16, lines 1 and 2, the recitation of “a container detachably mountable to the microwave” and “wherein the reservoir or positioned within the container” is indefinite and raises double inclusion issues since it is not clear how the reservoir can be detachably mountable to the microwave using at least one magnet but then be positioned within the container. In addition, the container detachably mountable to the microwave appears to indicate another method of detachably mounting the container, however, this is referring to the at least one magnet and there is no disclosure in the specification of two ways to the detachably mount the container and reservoir to the microwave.
Allowable Subject Matter
Claims 1, 14 and 18-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter of claim 1: The prior art did not teach or suggest an apparatus for extinguishing a fire on a stovetop having a first burner, a microwave positioned above the stovetop as claimed by the applicant, specifically an apparatus comprising a reservoir having a supply of fire suppressant material, the reservoir detachably mountable to the microwave over the first burner using at least one magnet; and wherein when the fire on the stovetop actuates the heat responsive actuator, a first burner portion of the supply of fire suppressant material falls towards the first burner, together in combination with the other claimed features of applicant’s invention and in view of attorney’s arguments which are well taken and found to be convincing.
The following is a statement of reasons for the indication of allowable subject matter of claim 14: The prior art did not teach or suggest an apparatus for extinguishing a fire on a stovetop having a burner, a microwave positioned above the stovetop as claimed by the applicant, specifically an apparatus comprising a reservoir having a supply of fire suppressant material, the reservoir detachably mountable to the microwave over the burner, the reservoir including a reservoir cover having a first layer adhered to the reservoir and a second layer positioned over the first layer, the second layer being thicker than the first layer, together in combination with the other claimed features of applicant’s invention.
The following is a statement of reasons for the indication of allowable subject matter of claim s 18-20: The prior art did not teach or suggest an apparatus for extinguishing a fire on a stovetop having one or more burners, a microwave positioned above the stovetop as claimed by the applicant, specifically an apparatus comprising a frame with at least one magnet oriented to detachably mount the frame to the microwave; a reservoir coupled to the frame and having a supply of fire suppressant material; wherein when the fire on the stovetop actuates the heat responsive actuator, the supply of fire suppressant material falls towards the stovetop, together in combination with the other claimed features of applicant’s invention and in view of attorney’s arguments which are well taken and found to be convincing.
Claims 2-13, 16 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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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.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
Prosecution Insights