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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 7, 14, 16 and 20 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 7 discloses: “the first and second sidewall portions each have cage arms”. However, independent claim 1 already introduces “cage arms”. As such, it is unclear if the cage arms of claim 7 are the same or distinct from those of claim 1. This ambiguity renders the claim indefinite. For examination purposes, Examiner will interpret them as the same feature.
Claim 14 recites the limitation "the first distance" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 discloses: “the first and second sidewall portions each have cage arms”. However, independent claim 11 already introduces “cage arms”. As such, it is unclear if the cage arms of claim 16 are the same or distinct from those of claim 11. This ambiguity renders the claim indefinite. For examination purposes, Examiner will interpret them as the same feature.
Claim 20 discloses “a fire stop assembly” in the preamble and “a fire stop assembly” in the body of the claim. This is considered double inclusion, which renders the claim indefinite because it is unclear if there are one or more than one fire stop assemblies. For examination purposes and based on disclosure, the second term will be considered as said fire stop assembly.
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over McConnell et al (U.S. 2015/0121782) in view of Harbeke Jr (U.S. 4,951,442).
Regarding claim 20, McConnell teaches a method of installing a fire stop assembly (defined by flange 17, sidewalls 19 and intumescent ring 22) about a tube (pipe, disclosed in Par 0066) in a cylindrical passage (passage in the structure through which the fire stop assembly is inserted, seen in Fig 22) extending through a hardened concrete structure (disclosed at least in Pars 0010, 0095 and 0098) having a corrugated bottom plate (33) along a first side of the concrete structure and a hardened concrete surface on an opposing second side of the structure (as disclosed in Par 0098 and seen in Fig 22, on one side of the concrete structure, the corrugated plate 33 is placed), the fire stop assembly having an assembly longitudinal axis (16), the method comprising the steps of:
a) providing the fire stop assembly including:
a support plate (defined by flange 17 and stabilizing plate 100, seen in Fig 17) having first and second support plate portions (as seen in Figs 1 and 17, there are two equal portions of plate 17) that define open and closed positions (open position seen in Fig 1; closed position seen in Figs 2-3), the respective first and second support plate portions each having respective first and second free plate ends (ends defined around slot 108, and shown below) which free plate ends are adjacent each other in the closed position (in the closed position, seen in Fig 2, the free ends are adjacent to each other) and apart from each other in the open position (as seen in Fig 1 and shown below), the first and second support plate portions when in the closed position cooperating to define a circular support plate opening (opening defined by the center space of 17, shown below) centered about the assembly longitudinal axis (the support plate opening is aligned with the axis 16);
a cylindrical cage (19) having first and second sidewall portions (19a ad 19b) with each sidewall portion connected to the respective first and second support plate portions (as seen in Fig 17, 26a and 26b) and moving between the open and closed positions (open position seen in Figs 1 and 17; closed position seen in Figs 2-4 and 26b) with the respective first and second support plate portions (each sidewall portion is connected to a respective support plate portion 17, see Figs 26a and 26b), the first and second sidewall portions each having respective first and second sidewall free ends (defined around fasteners 18 – shown below) which sidewall free ends are adjacent each other in the closed position (as seen in Fig 2, the free ends of the sidewalls are adjacent when in the closed position) and spaced apart from each other in the open position (as seen in Figs 1 and 17), the first and second sidewall portions each having corresponding first and second distal ends (shown below) opposite the first and second support plate portions and extending along the assembly longitudinal axis (as shown below, the distal ends are opposite the side that contacts the support plate portions); and
a split intumescent ring (cylinder 22, disclosed as an intumescent material in Par 0058) having first and second intumescent ring portions each connected to and located radially inward of the respective first and second sidewall portions (as disclosed in Par 0061, the intumescent ring 22 is a split ring with two adjacent ends separated by a slot; as seen in Fig 6, the ring 22 is located radially inward of the sidewall portions 19a and 19b), the first and second intumescent ring portions each having respective first and second intumescent ring free ends (ends at the radial end of each first and second ring portions) are adjacent each other in the closed position and spaced apart from each other in the open position (in the close position, the free ends come in contact to from a cylindrical shape, as seen in Fig 1; in the open position the free ends are spaced apart), the first and second intumescent ring portions each having corresponding first and second intumescent distal ends (distal ends defined by upper axial ends of each of the first and second ring portions) that extend a first distance beyond the first and second sidewall distal ends along the assembly longitudinal axis (first distance defined between distal end of sidewall 19 and lip 20; Par 0058 discloses that the lip 20 delimits and restricts the upper portion of the ring 20; Therefore, the ring 20 protrudes from the sidewall 19, as claimed; this is also shown in detail below);
b) translating the fire stop assembly parallel the assembly longitudinal axis along the tube into the passage (as disclosed in Par 0080, the fire stop assembly slides into the passage of the concrete structure aligned with the longitudinal axis 16, as seen Fig 22).
However, McConnell does not teach the first and second support plate portions configured to rotate about a rotational axis parallel to the assembly longitudinal axis between the open and closed positions; wherein the two portions of the intumescent ring rotate between the open and closed positions with the respective sidewall portions. McConnell also fails to teach the steps of installing the fire stop assembly comprising: - positioning the fire stop assembly around the tube by translating the fire stop assembly orthogonal to the assembly longitudinal axis with the first and second support plate portions in the open position; - closing the fire stop assembly around the tube by rotating the first and second support plate portions into the closed position with the tube extending through the circular support plate opening.
Harbeke teaches a fire stop collar assembly (seen in Fig 5) and method of installing, wherein a first and second cage portions (first and second portions of cage 42) configured to rotate about a rotational axis (defined by hinge 76) parallel to an assembly longitudinal axis between the open and closed positions (the first and second cage portions of 42 pivot about hinge 76 which is parallel to a longitudinal axis of the fire stop, i.e. axis that follows the length of the pipe 12); wherein two portions of an intumescent ring (intumescent ring 70 has two opposing portions 72 and 74) rotate between the open and closed positions with the respective sidewall portions (each ring portion rotates about the hinge 76 with a respective cage portion of cage 42, as seen in Fig 5); Harbeke teaches steps of installing the fire stop assembly comprising: - positioning the fire stop assembly around the tube by translating the fire stop assembly orthogonal to the assembly longitudinal axis with the first and second support plate portions in the open position (the fire stop assembly is placed onto the tube 12 by sliding the assembly through lateral opening 80 and wrapping it around the tube, this is a direction that is orthogonal to the longitudinal axis, i.e. the assembly comes from the side onto the tube; as disclosed in col 5, lines 57+); - closing the fire stop assembly around the tube by rotating the first and second cage portions into the closed position with the tube extending through a circular support plate opening (after the tube is placed in between the cage portions 42, the two portions pivot about hinge 76 to close and attach around the tube 12, whereby the tube extends through a circular support opening, which is an opening defined in between the two ring portions 72 and 74, see Figs 1 and 5 and col 5 line 57 to col 6 line 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McConnel to incorporate the teachings of Harbeke to provide the first and second cage portions as rotating opposite halves and to install the fire stop collar orthogonally form the longitudinal axis in order to be able to install the collar onto a tube after the tube has already been installed (as disclosed in col 6, lines 3-8 of Harbeke). In combination, the first and second support plate portions of McConnell would rotate about the pivot along with the rest of the cage.
Annotated figures of McConnell:
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Allowable Subject Matter
Claims 1-6, 8-13, 15 and 17-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1, the prior art does not teach a fire stop assembly for a cylindrical passage extending through a hardened concrete structure having a corrugated bottom plate along a first side of the concrete structure and a hardened concrete surface on an opposing second side of the structure, the corrugated bottom plate having alternating ridges and channel, the fire stop assembly having an assembly longitudinal axis, the fire stop assembly comprising: a support plate having first and second support plate portions that rotate about a rotational axis parallel to the assembly longitudinal axis between open and closed positions; a cylindrical cage having first and second sidewall portions with each sidewall portion including fold lines to form a plurality of segments aligned with the assembly longitudinal axis during use, each one of the plurality of segments having a window defined therein, each sidewall portion being connected to the respective first and second support plate portions and rotating between the open and closed positions with the respective first and second support plate portions, the first and second sidewall portions cooperating when in the closed position to encircle the assembly longitudinal axis, the first and second sidewall portions each having corresponding first and second distal ends opposite the first and second support plate portions and extending along the assembly longitudinal axis, each one of the plurality of segments of the cylindrical cage including a cage arm that extends inward respectively from a top side of the windows of the plurality of segments toward the assembly longitudinal axis with distal ends of the plurality of cage arms being oriented upward along the assembly longitudinal axis, the first and second sidewall portions each having corresponding first and second proximal ends opposite the first and second distal ends, the first and second proximal ends of the first and second sidewall portions each including a plurality of cage feet separated by gaps such that the plurality of cage feet are between adjacent sides of the fold lines to align with the plurality of segments, wherein the plurality of cage feet are configured to attach to the support plate; and a split intumescent ring having first and second intumescent ring portions each connected to and located radially inward of the respective first and second sidewall portions and rotating between the open and closed positions with the respective sidewall portions, the first and second intumescent ring portions cooperating when in the closed position to encircle the assembly longitudinal axis, the first and second intumescent ring portions each having corresponding first and second intumescent distal ends that extend a first distance beyond first and second sidewall distal ends along the assembly longitudinal axis.
Regarding independent claim 11, the prior art does not teach a fire stop assembly for a cylindrical passage extending through a hardened concrete structure with a corrugated bottom plate along a first side of the concrete structure and a hardened concrete surface on an opposing second side of the concrete structure, the corrugated bottom plate having alternating ridges and channel, the fire stop assembly having an assembly longitudinal axis, the corrugated bottom plate having a corrugation height H measured along the assembly longitudinal axis and extending toward the second side of the concrete structure, the concrete structure having a thickness T measured between a corrugation ridge and the second side of the concrete structure, the fire stop assembly comprising: a support plate having first and second support plate portions that rotate about a rotational axis parallel to the assembly longitudinal axis between open and closed positions, the respective first and second support plate portions each having respective first and second free plate ends which free plate ends are adjacent each other in the closed position and apart from each other in the open position, the first and second support plate portions when in the closed position cooperating to define a circular support plate opening centered about the assembly longitudinal axis, the support plate defining a support plate plane orthogonal to the assembly longitudinal axis, the first and second support plate portions each having a length sufficient to extend from one ridge to an adjacent ridge; a cylindrical cage having first and second sidewall portions with each sidewall portion including fold lines to form a plurality of segments aligned with the assembly longitudinal axis during use, each one of the plurality of segments having a window defined therein, each sidewall portion being connected to the respective first and second support plate portions and rotating between the open and closed positions with the respective first and second support plate portions, the first and second sidewall portions cooperating when in the closed position to encircle the assembly longitudinal axis, the first and second sidewall portions each having corresponding first and second distal ends opposite the first and second support plate portions and extending along the assembly longitudinal axis, each one of the plurality of segments of the cylindrical cage including a cage arm that extends inward respectively from a top side of the windows of the plurality of segments toward the assembly longitudinal axis with distal ends of the plurality of cage arms being oriented upward along the assembly longitudinal axis, the first and second sidewall portions each having corresponding first and second proximal ends opposite the first and second distal ends, the first and second proximal ends of the first and second sidewall portions each including a plurality of cage feet separated by gaps such that the plurality of cage feet are between adjacent sides of the fold lines to align with the plurality of segments, wherein the plurality of cage feet are configured to attach to the support plate, the first and second sidewall portions each have a height along the assembly longitudinal axis which height is the height H or greater and which height is also less than the combined distance of the thickness T and the height H; and a split intumescent ring having first and second intumescent ring portions each connected to and located radially inward of the respective first and second sidewall portions and rotating between the open and closed positions with the respective sidewall portions, the first and second intumescent ring portions each having respective first and second intumescent ring free ends are adjacent each other in the closed position and spaced apart from each other in the open position, the first and second intumescent ring portions cooperating when in the closed position to encircle the assembly longitudinal axis.
The most related prior art, McConnell (U.S. .2015/0121782), Harbeke (U.S.4,951,442), Monden (U.S. 2004/0149390), and Stahl (U.S.7,596,914), teaches in combination a similar fire stop assembly to what is claimed (see prior art rejections of parent case 17/907,104). However, they are missing certain features that would not be obvious to include and that render this claim allowable.
Specifically: claims 1 and 11 disclose "each one of the plurality of segments of the cylindrical cage including a cage arm that extend inward respectively from a top side of the windows of the plurality of segments toward the assembly longitudinal axis with distal ends of the plurality of cage arms being oriented upward along the assembly longitudinal axis"; wherein Monden teaches some (not all) segments (43.1, 43.2) including cage arms (47.1/47.2) extending inwardly from a top side of window (46.2). However, not all of the plurality of segments include these arms as required by the claim. They also do not explicitly teach the cage arms "with distal ends of the plurality of cage arms being oriented upward along the assembly longitudinal axis". Claims 1 and 11 also disclose "the first and second proximal ends of the first and second sidewall portions each including a plurality of cage feet, wherein the plurality of cage feet are separated by gaps such that the plurality of cage feet are between adjacent sides of the fold lines to align with the plurality of segments" wherein Stahl teaches a plurality of cage feet (tabs 28). However, these feet are not all placed between adjacent sides of the fold lines of the cylindrical cage (as can be seen in Figs 6 and 7), as required by the claim. Examiner asserts that it would not be obvious to further modify Monden and Stahl, since these are modifier references that were used to modify the primary reference McConnell; further modifying these references to read on claim language would not be proper, since the prior art is silent with respect to these features, which would render the modification hindsight rationale.
Examiner asserts that the closest prior art was found. As such, since these references, alone or in combination, do not read on claim language, independent claims 1 and 11 are rendered allowable. These claims are allowed for similar reasons as the parent case 17/907,104.
Dependent claims are also allowed for further limiting claims 1 or 11, from which they depend on. However, claims 7, 14, 16 and 20 are rejected under 112(b), and these have to be overcome first, in order to be allowed.
Examiner finally notes that, per MPEP 804.01, a Double Patenting rejection of claims 1, 11 and 20 in view of the claims of the parent case is not applicable, since these claims were restricted from the claims of the parent case (see Restriction dated 03/09/2023 of parent case 17/907,104).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752
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