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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/11/2026 is acknowledged. Claims 1-15 are pending and examined below.
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 4-7 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.
Claims 4 and 7 recite the limitation "the mounting tabs". There is insufficient antecedent basis for this limitation in the claim. Claims are examined as best understood.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price (U.S. Patent No. 8,001,737).
Regarding claim 1, Price discloses a firestop device (Fig. 2) comprising a sleeve structure (400) having an inner surface and an opposite outer surface; a first smoke-seal ring (600) positioned on the inner surface of the sleeve structure; a first intumescent ring (500) positioned below the first smoke-seal ring on the inner surface of the sleeve structure; a second smoke-seal ring (200) positioned on the outer surface of the sleeve structure; and a second intumescent ring (300) positioned below the second smoke-seal ring on the outer surface of the sleeve structure (Fig. 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price (U.S. Patent No. 8,001,737) in view of Thoreson et al. (U.S. Patent No. 5,103,609).
Regarding claim 2, Price discloses the sleeve structure (400), but does not disclose the sleeve structure is movable between an unrolled configuration and a rolled configuration, wherein, when in the rolled configuration, the sleeve structure has a first end, an opposite second end, and a longitudinal axis extending between the first and second ends. However, Thoreson et al. teaches that it is known to sleeve structure (12, Fig. 2) that is movable between an unrolled and rolled configuration, wherein the sleeve structure has a first and second end in the rolled configuration to help to easily package, transport and assemble the sleeve structure. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have had a sleeve structure that was unrolled to help with the easy of packaging and transport.
Regarding claim 3, Thoreson et al. further teaches the first and second ends of the sleeve structure (12) including locating tabs with tab portions (44).
Regarding claim 4, Thoreson et al. further discloses support brackets (50) configured to be selectively positioned at the first end of the sleeve structure via the mounting tabs (48) to mount the firestop device to a top side of a concrete structure.
Regarding claim 5, Price discloses wherein the concrete structure is a corrugated concrete deck (Abstract).
Regarding claim 6, Thoreson et al. further discloses the concrete structure is a flat concrete deck (Fig. 4).
Regarding claim 7, Thoreson et al. discloses wing plates (50) configured to be selectively positioned at the second end of the sleeve structure via the mounting tabs (48) to mount the firestop device to a bottom side of a concrete structure.
Regarding claim 8, Price discloses the sleeve structure in the rolled configuration, but does not disclose a latch arrangement to lock the sleeve in a rolled position. However, Thoreson et al. teaches that it is known to sleeve structure (12, Fig. 2) that is movable between an unrolled and rolled configuration, wherein the sleeve structure has a first and second end in the rolled configuration to help to easily package, transport and assemble the sleeve structure and a latch arrangement (20) to lock the sleeve structure in the rolled configuration. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have had a sleeve structure that was unrolled to help with the easy of packaging and transport.
Regarding claim 9, Thoreson et al. further discloses the latch arrangement (20) includes a tab member (44) and a tab opening (42) for receiving the tab member.
Regarding claim 10, Price discloses the sleeve structure as set forth above, but does not disclose a plurality of ring locating tabs. However, Thoreson et al. teaches that it is known to have a sleeve structure (12, Fig. 2) having a plurality of locating tabs (26) to help secure the sleeve to other structures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a sleeve structure with locating tabs to help secure sleeve to other structures.
Regarding claim 11, Price discloses the first and second smoke-seal rings and the first and second intumescent rings as set forth above, it would be obvious to have the rings secured to the inner and outer surfaces of the sleeves structure by the plurality of ring locating tabs (44) as taught by Thoreson et al. (by the securing of the ring).
Regarding claim 12, Thoreson et al. discloses the plurality of ring locating tabs (26) are unitary with the sleeve structure (Fig. 2).
Regarding claim 13, Thoreson et a. discloses the plurality of ring locating tabs (26) are stamped into the sleeve structure (Fig. 2).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price (U.S. Patent No. 8,001,737) and Thoreson et al. (U.S. Patent No. 5,103,609) further in view of Porter (U.S. Patent No. 6,725,615)
Regarding claims 14 and 15, Price and Thoreson et al. discloses the sleeve structure as set forth above, but it does not include elongated segments each separated by score lines to allow the sleeve structure to be movable between the unrolled configuration and the rolled configuration. However, Porter teaches that it is known to have a sleeve structure (Fig. 16) having a plurality of locating tabs, that are each defined by elongated segments (121) that are separated by score lines (122) that help the sleeve structure move between the rolled and unrolled configuration. It would have been obvious to one having ordinary skill in the art before the effective filing date to have a sleeve structure that was easier to roll by having elongated segments with score lines.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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