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 .
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.
Claim(s) 1-5 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBay (US 5,590,717).
Regarding claim 1, McBay discloses a device for delivering gases for extinguishing fire in an enclosed space, said device comprising:
a container (38, 32) for storing an extinguishing agent under pressure (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Column 3, lines 33-38); and an outer housing (26, 28), wherein said outer housing (26, 28) receives said container (38, 32) (Figure 1), and wherein said outer housing comprises slits (52) (Figure 4);
wherein said device is operatively thrown into said enclosed space under fire such that said outer housing retains its shape upon impact without fragmenting while preventing damage to said container (Column 4, lines 7-13 and 51-63, The device is operatively thrown into a space, with which the device is used, and retains its shape; The retention of shape is suggested as fluid is discharged through the slits; Examiner interprets “operatively thrown” broadly to mean, “cause to enter suddenly”), and wherein said container operates to dispense said extinguishing agent through said slits for extinguishing the fire (Column 4, lines 34-51).
Regarding claim 2, McBay discloses the device of Claim 1, further comprises a base plate (58), wherein said base plate (58) mounts at the bottom of said outer housing (26, 28, 50) (Figure 1) and withstands the impact when said device is thrown in said enclosed space (The sled withstands the impact of friction when slid into a space, and withstands the impact of landing when placed into a location).
Regarding claim 3, McBay discloses the device of Claim 2, further comprises a retainer ring (50), wherein said retainer ring mounts to said base plate and helps to receive said container into said housing (The retainer ring mounts to the base plate, through its mounting to the lower housing, and retains the container in the housing, as shown in figure 2).
Regarding claim 4, McBay discloses the device of Claim 1, further comprises an internal vent block (Examiner’s Annotated Figure 1), wherein said internal vent block comprises a dispense hole (Figure 2, 52), and wherein said dispense hole dispenses said extinguishing agent into said slits (Figure 3 depicts the dispense hole dispensing agent into the slits 52 of member 50).
PNG
media_image1.png
274
626
media_image1.png
Greyscale
Examiner’s Annotated Figure 1
Regarding claim 5, McBay discloses the device of Claim 4, wherein said dispense hole aligns with a slit of said slits and dispenses said extinguishing agent (Figure 3).
Regarding claim 7, McBay discloses the device of Claim 4, wherein said outer housing comprises pin holes (Examiner’s Annotated Figure 1), and wherein said pin holes receive locking pins (46) for connecting said internal vent block to said outer housing (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Examiner’s Annotated Figure 1).
Regarding claim 8, McBay discloses the device of Claim 7, wherein said internal vent block comprises lock holes (54), and wherein said lock holes receive retaining pins for adjusting the position of said dispense hole to align with a slit of said slits (Figures 2 and 3, The extension of the window ring is received in the internal chamber and the lock holes of the window ring receives retaining pins, locking the dispensing hole relative to the slits).
Regarding claim 9, McBay discloses the device of Claim 1, wherein said outer housing comprises a handle (16) for carrying said device (The handle is capable of being used for the claimed function).
Regarding claim 10, McBay discloses the device of Claim 1, wherein said outer housing comes in an elongated semi-circular configuration, and wherein said outer edges of said outer housing are curved (Figure 1).
Regarding claim 11, McBay discloses the device of Claim 10, but fails to disclose wherein said container comprises a cylindrical configuration.
McBay discloses that the outer shell may be in any shape (Column 4, lines 3-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the outer shell in a cylindrical configuration since it has been held that shape is a matter of choice which one of ordinary skill in the art would have found absent persuasive evidence that the shape is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 12, McBay discloses a method for providing a device for delivering gases for extinguishing fire in an enclosed space, said method comprising the steps of:
providing a container (38, 32) for storing an extinguishing agent under pressure (Column 4, lines 33-38);
providing an outer housing (26, 28), wherein said outer housing receives said container (Column 4, lines 14-20), said outer housing comprising slits (52) (Column 4, lines 29-30);
operatively throwing said device into said enclosed space under fire such that said outer housing retains its shape without fragmenting upon impact while preventing damage to said container (Column 4, lines 7-13 and 51-63, The device is operatively thrown into a space, with which the device is used, and retains its shape; The retention of shape is suggested as fluid is discharged through the slits; Examiner interprets “operatively thrown” broadly to mean, “cause to enter suddenly”); and dispensing said extinguishing agent from said container through said slits for extinguishing the fire (Column 4, lines 34-51).
Regarding claim 13, McBay discloses the method of Claim 12, further comprising:
providing a base plate (58) mounted at the bottom of said outer housing (Column 4, lines 10-11), said base plate capable of withstanding the impact when said device is thrown in said enclosed space (The sled withstands the impact of friction when slid into a space, and withstands the impact of landing when placed into a location); and providing a retainer ring (50) mounted to said base plate (The retainer ring mounts to the base plate, through its mounting to the lower housing, and retains the container in the housing, as shown in figure 2) for receiving said container into said housing (Column 4, lines 29-33).
Regarding claim 14, McBay discloses the method of Claim 12, further comprising providing an internal vent block having a dispense hole (Examiner’s Annotated Figure 1), said dispense hole aligning with a slit of said slits for dispensing said extinguishing agent (Figure 3).
Claim Rejections - 35 USC § 103
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.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over McBay.
Regarding claim 6, McBay discloses the device of Claim 5, but does not expressly disclose wherein said slits position at 15 to 30-degree angle from one another.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of McBay to have the slits arranged at 15 to 30 degrees from one another since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of McBay would not operate differently with the difference in distance and since the slits are intended to be arranged a distance from one another about the circumference of the blocks, the device would function appropriately having the claimed distance. Further, it appears that applicant places no criticality on the range claimed, indicating that the slits may be arranged at different angles (specification pp. [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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.
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.
CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752