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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 22 October 2024 and 11 July 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Page 1, between lines 2 and 3: A paragraph containing the status of related foreign applications should be inserted into the specification.
Page 2, page line 1: Reference to a specific claim should be avoided as claim numbers change during prosecution of an application. In this application, claim 1 no longer exists.
Page 6, page line 19: The conjunction – and – should be inserted after the comma.
Appropriate correction is required.
Claim Objections
Claims 11-20 are objected to because of the following informalities:
Re claim 11, claim line 1: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the apparatus.
Re claim 11, claim line 5: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the device.
Re claim 13, claim line 2: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the device.
Re claim 14, claim line 2: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the device.
Re claim 17, claim line 14: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the device.
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 15-17 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.
Re claim 15, claim line 4: The phrase “in the region” is deemed to be indefinite because the phrase is a relative term not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear how close or far the opening of the element must be from the at least one inlet of the smoke detector to be deemed in the region. The phrase “in the region” is a subjective term that means different things to different people; and since the metes and bounds of the phrase are undefined, the terms, and therefore, the claim are indefinite.
Re claim 17, claim line 4: The phrase “in the region” is deemed to be indefinite because the phrase is a relative term not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear how close or far the opening of the element must be from the at least one inlet of the smoke detector to be deemed in the region. The phrase “in the region” is a subjective term that means different things to different people; and since the metes and bounds of the phrase are undefined, the terms, and therefore, the claim are indefinite.
Re claim 17, claim line 5: The term “can” is deemed to be indefinite because this term is not a definite recitation. The term “can” suggest that something may or may not occur such that this function/timing is unknown, which cause the term as well as the claim to be indefinite. A positive recitation replacing the term is needed to overcome the rejection.
NOTE: Claim 16 is also rejected under 35 USC 112(2) because claim 16 depends from claim 15.
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.
Claims 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0314902 (Dantler).
With respect to the limitations of claim 11, Dantler disclose a device for measuring impurities and/or particles in a gas or air, comprising:
a smoke detector (fire detection system (12)) having a test chamber (measuring chamber 15 – Figures 1 and 2a), at least one air inlet (measuring chamber branching (26a) and inlet channel (20) – Figure 2a), and at least one air outlet (measuring chamber outlet (31) and housing outlet (29) – Figure 2a); and
at least one device (13), connected to said at least one air outlet, for generating suction for air from said at least one air outlet, so that the air is drawn out of the space through said at least one air inlet into said test chamber and is discharged through said at least one air outlet (ventilator (13) draws air into the measuring chamber (15) by creating low pressure at the measuring chamber branching/inlet (26a), which exits through the measuring chamber outlet (31) and housing outlet (29) – Figure 2 and paragraph [0071]).
With respect to the limitation of claim 12, Dantler appears to further disclose an airtight housing (12) defining said at least one air inlet and said at least one air outlet of said smoke detector, said test chamber of said smoke detector is disposed in said airtight housing (measurement chamber (15) is located within the airtight housing of the fire detector device (12), whereby at least one inlet/inlet channel (20) and at least one air outlet/housing outlet (29) are defined by the housing (12) – Figure 2a).
With respect to the limitation of claim 13, Dantler further discloses that the at least one device for generating suction includes a negative-pressure line (low pressure in the measuring chamber region is generated over the measuring chamber outlet (31) – paragraph [0071], lines 7-8 and Figure 2a).
With respect to the limitations of claim 14, Dantler further discloses that the at least one device for generating suction includes a fan, venturi nozzle, pump, or an ejector (ventilator (13) is functionally equivalent to a fan).
With respect to the limitations of claim 15, Dantler further discloses an element defining the space, wherein said smoke detector is disposed on a side of said element facing away from the space, wherein said element defining the space has at least one opening formed therein in a region of said at least one air inlet of said smoke detector such that said at least one air inlet of said smoke detector is uncovered toward the space through said at least one opening in said element defining the space (housing (12) defines a space for the smoke/fire detection device (measuring chamber (15)), which is disposed on a side of the housing; and the housing has an opening formed in a region of the at least one air inlet (20, 26a) of the measurement chamber (15) such that at least one air inlet of the is uncovered toward the space – Figure 2a).
With respect to the limitation of claim 16, Dantler further disclose that the at least one air outlet (29,31) is disposed on said side of said element defining the space facing away from the space, so that the air is discharged from the space through said smoke detector (outlet (29) is disposed within housing (12) away from the space such that air is discharged from the space through the smoke detector/measuring chamber (15) via the outlet (29) located in the element/housing (12) – Figure 2a).
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.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0314902 (Dantler) in view of WO 2013/024935 (Park et al.)
With respect to the limitation of claim 18, Dantler discloses all of the limitations of the base claim; but fails to disclose a passenger transportation vehicle utilizing an apparatus configured for detecting a fire in a space.
Park et al. disclose a gas type fire-fighting apparatus having double detecting functions for ships comprising a smoke sensing unit (4) that receives signals from smoke detectors (13) located within exhaust fan ducts (11) of protected areas (1). Upon detection of a fire an output signal is transmitted from the smoke sensing unit (4) to a fire alarm panel (7) to alert people of the location of the protected area containing the fire (paragraphs [38-49] and Figures 2 and 5A/B). Modifying the fire detecting means of Dantler to be utilized on a passenger vehicle would have been obvious to one of ordinary skill in the art as a means of protecting individuals by sensing the presence of a fire in a protected area.
With respect to the limitation of claim 19, the combination (Dantler) discloses that at least one cubicle in or on which the apparatus is disposed (Dantler disclose a housing (12) for containing the apparatus for detecting a fire).
With respect to the limitation of claim 20, the combination (Park et al.) discloses an exhaust air system, said at least one air outlet is connected to said exhaust air system of the vehicle (Park et al. disclose that air from the protected areas (1) introduced in respective sampling pipes (2) is discharged outside of the vehicle/ship through both the exhauster unit (5) and the exhaust duct (5a), so that it is not necessary to stop operation of the exhauster unit (5) when a fire has broken out in a protected area (1) – paragraph [52-53]).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claim 17 as the prior art of record fails to teach and/or make obvious that the smoke detector is disposed on said side of said element defining the space facing away from the space in said region of said at least one opening in said element defining the space such that the air from the space can flow freely through said at least one opening in said element defining the space to said test chamber of said smoke detector; further comprising an enclosure, said smoke detector is encapsulated in said enclosure, said enclosure is connected in an airtight manner to said element defining the space; wherein said at least one opening in said element defining the space forms said at least one air inlet; wherein said element defining the space is configured airtight; and wherein said enclosure contains said at least one air outlet which is connected to said at least one device for generating suction for the air from said at least one air outlet, so that the air is drawn out of the space through said at least one air inlet into said test chamber and is discharged through said air outlet, and said enclosure is configured airtight in combination with all of the remaining limitations of the claim and all of the limitations of the base claim and all intervening claims.
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose various means for sensing smoke or a fire within a vehicle, such as a bus (CN 16740639) or an airplane (EP 3118827, EP2393072), whereby the means comprise a smoke detector having a test chamber, an air inlet and an air outlet.
The prior art to JP H05151480 disclose a smoke sensing device (9) comprising a smoke sensor (3) having a test chamber and an inlet and an outlet. The sensor (3) is located within a box comprising an inlet (11) for drawing air from a space (7). A fan (15) is provided for drawing air into the device (9) by using negative pressure of the ventilation duct (31).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855
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