DETAILED ACTION
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.
Claim 28 is 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.
Regarding claim 28, it is unclear how the polymer is not admixed with an additional firefighting component before using to suppress a fire. The disclosure puts forth that the polymer is mixed with water, which is a fire-fighting component.
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) 7-12, 19-20, 25-27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Achtmann (US 5,882,541).
Regarding claim 7, Achtmann discloses a method for forming a firefighting foam, said method comprising:
adding a water-soluble polymer in solid form (Column 4, lines 59-62) to a water supply stream (Column 6, line 67-Column 7, line 2 and Column 10, lines 1-9, The polymer and other components of the foam composition are added to the water in an eductor at the time of application), adding a foaming concentrate to the water supply stream before, simultaneously or after the water-soluble polymer in solid form is added to the water supply stream, adding the foaming concentrate to the water supply stream before, simultaneously or after the intermediate stream is added to the water supply stream, or wherein the foaming concentrate is part of the intermediate stream (Column 4, lines 59-62, The foaming composition includes a high-foaming surfactant as the foaming concentrate; Column 10, lines 1-9, The foaming concentrate, which includes surfactant and the polymer is added to the stream, which means the surfactant and polymer are added simultaneously to the stream), and wherein the water supply stream provides an output of the firefighting foam (Column 10, lines 1-9, the supply of water in the eductor provides an output of the foam).
Regarding claim 8, Achtmann discloses the method according to claim 7, wherein the foaming concentrate is a fluorine- free foaming concentrate (Column 5, line 16, The foaming concentrate Triton BG-10 does not include fluorine).
Regarding claim 9, Achtmann discloses the method according to claim 7, wherein the water supply stream provides the output of the firefighting foam (Column 10, lines 1-9).
Regarding claim 10, Achtmann discloses the method according to claim 7, wherein the water- soluble polymer in solid form comprises particles and/or granules, preferably is contained in a powder, preferably is a powder, preferably is a powder being able to flow freely (Column 6, lines 59-63, the polymer, natural gum is in particle powder form).
Regarding claim 11, Achtmann discloses the method according to claim 7, wherein the water- soluble polymer in solid form is a natural polymer (Column 6, lines 59-63, natural gum).
Regarding claim 12, Achtmann discloses the method according to any of claim 7, wherein the water- soluble polymer in solid form is added directly into the water supply stream (Column 10, lines 1-9, The polymer and other components are added directly into the water supply stream).
Regarding claim 19, Achtmann discloses the method according to claim 7, wherein the water- soluble polymer in solid form is a natural polymer, preferably is a polysaccharide, more preferably wherein the water-soluble polymer in solid form is selected from the group consisting of hyaluronic acid; polyglutamic acid; alginic acid; alginates, such as sodium alginate or propylene glycol alginate; agar; carrageenan; galactomannan; glucomannan; starch; cellulose, such as methylcellulose, hydroxy ethylcellulose, or hydroxy propyl methylcellulose; gelatin; succinoglucan; pectin; gum, such as gum arabic, guar gum, welan gum, rhamsam gum, locust bean gum, tara gum, gellan gum, xanthan gum, acacia gum, diutan gum, chitosan gum, gum guaicum, neem gum, pistacia lentiscus gum, caranna, gum tragacanth, karaya gum, beta-glucan gum, chicle gum, kino gum, dammar gum, mastic gum, spruce gum, cassia gum, fenugreek gum, konjac gum, or ghatti gum; pysllium seed husk; or a derivative or modification thereof, or a combination thereof; preferably selected from the group consisting of sodium alginate, carrageenan, gum arabic, galactomannan, guar gum, welan gum, rhamsam gum, locust bean gum, cellulose, glucomannan, tara gum, gellan gum, xanthan gum, acacia gum, diutan gum, chitosan gum, gelatin, alginic acid, succinoglucan, ghatti gum, methyl cellulose, hydroxy ethylcellulose, hydroxy propyl methylcellulose, pectin, starch, or a derivative or modification thereof, or a combination thereof (Column 6, lines 59-63, natural gum).
Regarding claim 20, Achtmann discloses the method according to claim 1, wherein the water-soluble polymer in solid form is added as a powder in said method (Column 6, lines 59-63, the polymer, natural gum is in particle powder form), preferably said powder being able to flow freely, at least when subjected to forces (The provision of powder provides for the claimed function).
Regarding claim 25, Acthmann discloses the method according to claim 7, wherein the water-soluble polymer in solid form comprises polysaccharide (Column 4, line 61).
Regarding claim 26, Achtmann discloses the method according to claim 7, wherein the water-soluble polymer in solid form comprises at least one selected from the group consisting of hyaluronic acid, polyglutamic acid, alginic acid, alginates, sodium alginate, propylene glycol alginate, agar; carrageenan, galactomannan, glucomannan, starch, cellulose, methylcellulose, hydroxy ethylcellulose, hydroxy propyl methylcellulose, gelatin, succinoglucan, pectin, gum, gum arabic, guar gum, welan gum, rhamsam gum, locust bean gum, tara gum, gellan gum, xanthan gum, acacia gum, diutan gum, chitosan gum, gum guaicum, neem gum, pistacia lentiscus gum, caranna, gum tragacanth, karaya gum, beta-glucan gum, chicle gum, kino gum, dammar gum, mastic gum, spruce gum, cassia gum, fenugreek gum, konjac gum, ghatti gum, pysllium seed husk, a derivative or modification thereof, and a combination thereof (Column 6, line 36, Xanthan gum).
Regarding claim 27, Achtmann discloses the method according to claim 7, wherein the water-soluble polymer in solid form comprises at least one selected from the group consisting of sodium alginate, carrageenan, gum arabic, galactomannan, guar gum, welan gum, rhamsam gum, locust bean gum, cellulose, glucomannan, tara gum, gellan gum, xanthan gum, acacia gum, diutan gum, chitosan gum, gelatin, alginic acid, succinoglucan, ghatti gum, methyl cellulose, hydroxy ethylcellulose, hydroxy propyl methylcellulose, pectin, starch, a derivative or modification thereof, and a combination thereof (Column 6, line 36, Xanthan gum).
Regarding claim 29, Achtmann discloses the method according to claim 7, wherein the water-soluble polymer is provided without being combined with surfactants (Column 8, lines 34-46, Glycol or other materials may be used in place of surfactants in the formulation).
Claim(s) 7, 12-18 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Libal (US 2021/0154512).
Regarding claim 7, Libal discloses a method for forming a firefighting foam, said method comprising:
adding a water-soluble polymer in solid form (Paragraph 18, the suspension agent is a water-soluble polymer) to a water supply stream (Paragraph 59, the suspension agent is added to water), adding a foaming concentrate to the water supply stream before, simultaneously or after the water-soluble polymer in solid form is added to the water supply stream, adding the foaming concentrate to the water supply stream before, simultaneously or after the intermediate stream is added to the water supply stream, or wherein the foaming concentrate is part of the intermediate stream (Paragraph 60, the foaming agent can be added to the water stream prior to the suspension), and wherein the water supply stream provides an output of the firefighting foam (Paragraph 77, the stream of water is used to issue the foam solution to a nozzle for firefighting).
Regarding claim 12, Libal discloses the method according to any of claim 7, wherein the water- soluble polymer in solid form is added directly into the water supply stream (Paragraph 59).
Regarding claim 13, Libal discloses the method according to claim 12, wherein the water-soluble polymer in solid form is added directly into the water supply stream in an adding point which differs from an adding point where the foaming concentrate is added into the water supply stream (Paragraph 60, the polymer is added after the foaming concentrate).
Regarding claim 14, Libal discloses the method according to claim 12, wherein the water-soluble polymer in solid form is added into a foaming concentrate stream when the foaming concentrate stream is flown into the water supply stream (Paragraph 60, the polymer is added at the same time as the foaming concentrate).
Regarding claim 15, Libal discloses the method according to claim 12, wherein the water-soluble polymer in solid form is added into an aid stream when the aid stream is flown into the water supply stream or when the aid stream is flown into a foaming concentrate stream when the foaming concentrate stream is flown into the water supply stream (Paragraph 59, The polymer is mixed with water, which Examiner interprets as an aid stream; The mixture including the water, polymer and other components are added to the water supply stream).
Regarding claim 16, Libal discloses the method according to claim 15, wherein the water-soluble polymer in solid form is added into an aid stream when the aid stream is flown into the water supply stream (Paragraph 27, The suspension agent may include a first and second suspension agent; Examiner interprets the second suspension agent as an aid stream; The second suspension agent may be polyethylene glycol; Paragraph 59, the suspension agent, which includes the first and second suspension agent are added into water) and wherein the aid stream is added in an adding point which differs from an adding point for the foaming concentrate into the water supply stream (Paragraphs 59-60, The suspension which includes the polymer and aid stream (second suspension agent) are added to the water stream after the foaming concentrate).
Regarding claim 17, Libal discloses the method according to claim 15, wherein the aid stream comprises a water-soluble medium which inhibits the water-soluble polymer in solid form to dissolve and/or swell (Paragraph 27, polyethylene glycol).
Regarding claim 18, Libal discloses the method according to any of claim 15, wherein the aid stream (Paragraph 24, second suspension) comprises glycol, butyl diglycol, mono ethylene glycol, mono propylene glycol, polyethylene glycol, butyl glycol, hexylene glycol, ethanol or isopropyl alcohol, propylene glycol monobutyl ether, dipropylene glycol methyl ether, 1-methoxy-2-propanol, methanol, n-propanol, t-butyl alcohol, diethylene glycol, or a combination thereof (Paragraph 26, polyethylene glycol).
Regarding claim 30, Libal discloses the method according to claim 7, wherein the water-soluble polymer is provided without being combined with glycol (Claim 11, the polymer may be combined with glycerol, as opposed to glycol).
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) 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over LaVergne (US 2020/0215372) in view of Achtmann.
Regarding claim 21, LaVergne discloses a firefighting system comprising:
a water supply line (110);
a foaming concentrate dispenser unit (112) connected to the water supply line (Figure 1B); and
a polymer dispenser unit (115) containing a water-soluble polymer (Paragraph 368), said polymer dispenser unit being connected to the water supply line (Figure 1B), but is silent as to whether the polymer is in solid form.
Achtmann discloses a system wherein a water-soluble polymer in a foam composition is in solid form as an alternative to polymer in a liquid form (Column 6, lines 59-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify LaVergne with the disclosures of Achtmann, providing the polymer in solid form, as the configurations were known alternatives to provide a foam before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of foam for discharge in a fire protection system.
Regarding claim 22, LaVergne in view of Achtmann discloses the firefighting system according to claim 21, wherein the system also comprises two separate supply lines (116, 119) in connection with the water supply line (Figure 1B), wherein the foaming concentrate dispenser unit is connected to one of said two separate supply lines (116) and wherein the polymer dispenser unit is connected to the other (119) of said two separate supply lines (Figure 1B).
Regarding claim 24, LaVergne in view of Achtmann discloses the firefighting system according to any of claim 21, wherein the water supply line (110) is connected to a main water supply line (102) (Figure 1B).
Pertaining to Claims 21 and 23
Regarding claim 21, LaVergne discloses a firefighting system comprising:
a water supply line (206);
a foaming concentrate dispenser unit (212) connected to the water supply line (Figure 2B); and
a polymer dispenser unit (226) containing a water-soluble polymer (Paragraph 368), said polymer dispenser unit being connected to the water supply line (Figure 2B), but is silent as to whether the polymer is in solid form.
Achtmann discloses a system wherein a water-soluble polymer in a foam composition is in solid form as an alternative to polymer in a liquid form (Column 6, lines 59-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify LaVergne with the disclosures of Achtmann, providing the polymer in solid form, as the configurations were known alternatives to provide a foam before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of foam for discharge in a fire protection system.
Regarding claim 23, LaVergne in view of Achtmann discloses the firefighting system according to claim 21, wherein the foaming concentrate dispenser unit (212) and the polymer dispenser unit (226) are connected to one and the same supply line (210) which in turn is connected to the water supply line (206) (Figure 2B).
Response to Arguments
Applicant's arguments filed 5/5/2026 have been fully considered but they are not persuasive.
As to Applicant’s position that claim 7 requires distinct introduction of the polymer, Examiner disagrees. Claim 7 in its broadest sense, with the connection of the “before, simultaneously, or after” terms may be read to provide addition of the components simultaneously. The claims also do not require any particular order of addition of the components, due to the presence of the terms.
As to Applicant position that the suspension agent of Libal is in liquid form, and not solid form, Libal discloses that the suspension agent comprises one or more of an organic solvent , a water - soluble polymer, and a salt (Claim 1). As such, the suspension agent is a solid.
Conclusion
THIS ACTION IS MADE FINAL. 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 R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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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 R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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