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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on August 31, 2026 is acknowledged.
Election/Restrictions
Applicant elected with traverse Group I in the reply filed on May 18, 2026.
The requirement was still deemed proper and was therefore made FINAL in the Office action mailed on June 11, 2026.
Applicant’s election without traverse of Species B (figure 2B) in the reply filed on May 18, 2026 is acknowledged.
Terminal Disclaimer
The terminal disclaimer filed on August 31, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,998,782 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
Claims 1-8 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 “lithium ion fire gas emissions” in line 28. It appears to be a double inclusion of the “lithium ion fire gas emissions” recited in lines 24-25.
Claim 1 recites the limitation “lithium ion fire gas emissions” in line 30. It appears to be a double inclusion of the “lithium ion fire gas emissions” recited in lines 24-25 and/or line 28.
Claim 3 recites the limitation "the fire suppression agent" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites, “A fire suppression system comprising: a controller communicatively coupled to a memory, the controller configured to perform the method of claim 1. Claim 1 is directed to an apparatus and not a method.
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) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Achs (3,602,313).
Claim 8 recites, “A fire suppression system comprising: a controller communicatively coupled to a memory, the controller configured to perform the method of claim 1. Claim 1 is directed to an apparatus and not a method. Even if claim 1 is directed to a method, claim 8 does not positively require the limitations of claim 1. A recitation that an apparatus is configured to perform a function/method only requires the that the apparatus possess some undefined structure/characteristic capable of performing the function/method. Achs discloses a computer control means 16. A computer inherently possesses a memory. A computer possesses the capability to perform any function merely by programming the computer to perform the function.
Response to Arguments
Applicant's arguments filed August 31, 2026 have been fully considered but they are not persuasive.
Applicant asserts that appropriate corrections have been made to address the indefiniteness of the claims. Indefiniteness remains as outlined above.
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 CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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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
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