DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the specification: “104A” and “104B” shown in figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the specification in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to because of the following informalities:
The specification does not include reference characters “104A” and “104B” shown in figure 1. Appropriate correction is required.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
In claim 1, “adhering with an adhesive the sample to a substantially planar flammable layer comprising a front face and a rear face at the front face of the flammable layer to the rear face of the sample” should be changed to, e.g., --adhering, with an adhesive, the rear face of the sample to a front face of a substantially planar flammable layer comprising the front face and a rear face to result in a sample construction-- in lines 3-4 (for clarity); and “material” should be changed to --layer-- in line 12.
In claims 3 and 5, --,-- should be added after “diameter” and after “sample” in respective lines 1 and 2.
In claim 12, --the-- should be added before “at least” in line 1.
In claim 13, “of the diameter of at least one” should be changed to --of the at least one-- in line 1.
In claim 14, --,-- should be added after “aperture” in line 1; and “shape” should be changed to --shaped-- in line 2.
In claim 20, “construction” should be deleted from line 2 (there is lack of antecedent basis in the claim for the step of inspecting the sample construction [see line 11 of base claim 1, which states that the sample, not the sample construction, is inspected]).
Claims 2, 4, 6-11, and 15-19 are objected to for being dependent on objected base claim 1.
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 15-18 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.
In claim 15, there is lack of antecedent basis in the claim for a step of “activating” in line 1.
In claim 18, it is not clear if the claimed step is in addition to the steps recited in base claim 1, or if it describing the step of exposing the sample construction to a flame jet recited in lines 8-9.
Claims 16 and 17 are rejected for being dependent on a rejected base claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A test method comprising adhering with an adhesive the sample to a substantially planar flammable layer comprising a front face and a rear face at the front face of the flammable layer to the rear face of the sample to result in a sample construction; inspecting the front face of the sample for the presence of fire damage; and inspecting the rear face of the flammable material for the presence of fire damage (claim 1).
Conclusion
The references made of record and not relied upon by the examiner (U.S. Patent Application Publication 2015/0103861 to Cao et al being the closest art) are considered pertinent to applicant's disclosure by disclosing testing a material for flammability/fire damage, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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, Kristina DeHerrera can be reached at 303-297-4237. 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.
/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
7/30/26
Prosecution Insights