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 September 16, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
Claims 1, 3-15 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 “a pressurized flow” in line 6. It appears to be a double inclusion of the “flow” recited in line 1.
Claim 1 recites the limitation "the expanded flow" in line 11. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “expanded fire suppressant flow” recited in line 10.
Claim 1 recites the limitation "an additional pressurized flow" in line 12. It appears to be a double inclusion of the “flow” recited in line 1.
Claim 1 recites the limitation “thereby suppressing a fire detected in the protected space” in line 17. The claim fails to define structure that detects fire or a step of detecting fire. The structure/step recited in the claim is not commensurate in scope with the function recited in the claim.
Claim 3 recites the limitation “the expanded fire suppressant flow” in line 1. It appears to be a double inclusion of the “expanded flow of the fire suppressant agent” recited in claim 1.
Regarding claim 4, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 5, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 6, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 7, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 8, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 9, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 10, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Claim 10 recites the limitation “the pressurized fire suppressant agent” in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “pressurized flow of the fire suppressant agent”
Regarding claim 11, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
In claim 11, line 2, the recitation “whwerein” is grammatically incorrect.
Claim 11 recites the limitation “the pressurized fire suppressant agent” in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “pressurized flow of the fire suppressant agent”
Regarding claim 12, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 13, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 14, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Regarding claim 15, the preamble of the claim is inconsistent with that of its parent claim. It is uncertain whether the claim requires all of the limitations of its parent claim and any intervening claim(s).
Claim 15 recites the limitation “a cargo compartment on an aircraft” in line 2. The cargo compartment on an aircraft exceeds the scope of the preamble, the fire extinguisher. Additionally, the “cargo compartment on an aircraft” appears to a double inclusion of the “protected space” recited in claim 1.
Claim Rejections - 35 USC § 102
Claim(s) 1, 3, 7, 8, 9, 10, 12, 13 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hingst (2008/0184711; cited in the IDS filed on September 10, 2024).
Hingst discloses a method of controlling a flow of a fire suppressant agent (argon or nitrogen; paragraph 0012) comprising:
at a fire extinguisher including a source conduit (conduit having valve 6 and path 7), a flow control device 11, 13 connected to the source conduit, and a supply conduit (conduit of path 14) connected to the flow control device and fluidly coupled therethrough to the source conduit, the supply conduit thermally coupled (by physical contact) to the source conduit;
receiving a pressurized flow of the fire suppressant at the source conduit;
communicating the pressurized flow of the fire suppressant agent to the flow control device through the source conduit;
expanding the pressurized flow of the fire suppressant agent with the flow control device (expansion occurs when valve 11 is partially open and further expansion occurs in expansion area 13) to generate an expanded fire suppressant flow;
communicating heat between the expanded flow of the fire suppressant agent and an additional pressurized flow of the fire suppressant agent provided to the flow control device via a heat exchanger 10 disposed along the source conduit upstream of the flow control device; and
issuing the expanded flow of the fire suppressant agent (via outlet 18) to a protected space (environment; paragraph 0058) subsequent to communicating the heat between the expanded flow of the fire suppressant agent and the additional pressurized flow of the fire suppressant agent provided to the flow control device, thereby suppressing a fire detected in the protected space (argon and nitrogen inherently suppress combustion);
wherein the expanded fire suppressant flow in the supply conduit flows in a direction opposite the pressurized fire suppressant flow in the source conduit (see figure 1);
wherein the flow control device includes a nozzle or valve 11 separating the source conduit from the supply conduit;
wherein the flow control device includes an orifice plate (the opening in valve 6 or 11) separating the source conduit from the supply conduit;
further comprising a pressure vessel 4 connected to the source conduit and fluidly coupled therethrough to the flow control device;
further comprising containing the pressurized fire suppressant agent within the pressure vessel;
further comprising a retainer 6 arranged along the source conduit having an active state (open state) and an inactive state (closed state), the retainer fluidly coupling a pressure vessel to the flow control device in the active state, the retainer fluidly separating the pressure vessel from the flow control device in the inactive state;
further comprising an actuator (actuator for valve 6) operatively connected to the retainer and arranged to switch the retainer between the active state and the inactive state.
Response to Arguments
Applicant's arguments filed September 16, 2026 have been fully considered but they are not persuasive.
Applicant argues that Hingst does not disclose suppression of a fire in the protected space. Any fire is suppressed by argon and/or nitrogen. Any fire present in the environment in the vicinity of the outlet 18 will be suppressed.
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
