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 .
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, 12-16 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McSheffrey. Jr. et al. (2010/0192695).
Regarding claim 1, McSheffrey. Jr. et al. shows in combination: a) a portable fire extinguisher (12) comprising: a cylinder (fig 2) containing an extinguishing agent; and an actuating mechanism (the trigger) that is operable to controllably release the extinguishing agent from the cylinder; b) a support (C, fig 3) for the portable fire extinguisher; and c) a safety system comprising: a controller (94) ; a detectable signal generator ([0063] and a monitoring assembly (30) having an armed state and a triggered state, the monitoring assembly comprising at least one tether (32) with a length, the monitoring assembly is in the armed state with the at least one tether connected between the portable fire extinguisher and an anchoring location and in the triggered state with the at least one tether at least one of: A) disconnected from one of the anchoring location and the portable fire extinguisher; and B) severed, whereby with the monitoring assembly in the armed state, the tether confines movement of the portable fire extinguisher away from the anchoring location to a distance determined by a length of the tether (inherent to the tether) the detectable signal generator (alarm) generating a detectable signal as an incident of the monitoring assembly being changed from the armed state into the triggered state.
Regarding claim 12, wherein the monitoring assembly further comprises a sensor and the one tether, the one tether defining a conductive path between the sensor and the controller ([0064]).
Regarding claim 13, wherein the safety system comprises a housing (54, 88) within which at least a part of the controller is located, and the housing is fixed to an anchoring surface at the anchoring station (where the tether is anchored).
Regarding claim 14, the tether has a connector (58) that is releasably press fit to a connector on the housing (fig 8).
Regarding claim 15, wherein the connectors establish an electrical path between the one tether and the controller (the tether and therefore the connectors make the electrical connection).
Regarding claim 16, wherein the controller is battery operated (98).
Regarding claim 19, wherein the support comprises one of: a) an upwardly facing support surface for a bottom of the cylinder (fig 3); and b) a mount that is attached to a base, engages a part of the portable fire extinguisher, supports a weight of the portable fire extinguisher, and releasably maintains the portable fire extinguisher in a stored position (fig 3).
Regarding claim 20, wherein the detectable signal generated is configured to generate at least one of: a) an audible signal [0063]); and b) a visible signal.
Regarding claim 21, McSheffrey. Jr. et al. shows a portable fire extinguisher (12) comprising: a cylinder (34) containing an extinguishing agent; and an actuating mechanism (the trigger) that is operable to controllably release the extinguishing agent from the cylinder; b) a support (C, fig 3) for the portable fire extinguisher; and c) a safety system (32, 30) comprising: a controller (94); a detectable signal generator [0063]; and a monitoring assembly (32, 30) having an armed state and a triggered state, the monitoring assembly comprising a location sensing assembly )tether 32 or the sonar 90), the monitoring assembly in the armed state with the fire extinguisher within a predetermined range from a monitoring location (tether is secure) and in the triggered state (tether is unclipped) as an incident of the portable fire extinguisher being moved to outside of the predetermined range from the monitoring location, the detectable signal generator generating a detectable signal as an incident of the monitoring assembly being changed from the armed state into the triggered state ([0063]).
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(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McSheffrey. Jr. et al. (2010/0192695).
Regarding claim 14, the above combination shows all aspects of the applicant’s invention as in claim 13, but fails to disclose that the tether has a connector that is releasably press fit to a connector on the housing.
Press fit electrical connections are well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use a press fit electrical connection between the tether and the controller and the tether and the housing, in order to allow the tether to be connected and disconnected easily
Regarding claim 15, wherein the connectors establish an electrical path between the one tether and the controller (the tether and therefore the connectors make the electrical connection).
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McSheffrey. Jr. et al. (2010/0192695).in view DeJong (3,893,095)
Regarding claim 17, McSheffrey. Jr. et al shows all aspects of the applicant’s invention as in claim 1, but fails to disclose wherein the housing has a cover that is movable between an open position and a closed position, the repositionable cover in the open position permitting access to the controller and in the closed position blocking access to the controller, the safety system further comprising a lock for maintaining the repositionable cover in the closed position.
DeJong teaches a fire extinguisher alarm where the housing (34) has a cover (50) that is movable between an open position and a closed position, the repositionable cover in the open position (when 50/56 is pulled out) permitting access to the controller and in the closed position blocking access to the controller (fig 3 shows the closed position), the safety system further comprising a lock (116) for maintaining the repositionable cover in the closed position.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a locking door to the housing of McSheffrey. Jr. et al, in order to have access to the inside of the housing with a key and to block aces to inside the housing to those that do not have a key.
Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McSheffrey. Jr. et al. (2010/0192695) in view of DeYoung et al. (11,406,855)
Regarding claim 18, McSheffrey. Jr. et al shows all aspects of the applicant’s invention as in claim 1, but fails to disclose wherein the controller is selectively changeable between: a) a setup state wherein the detectable signal will not generate a detectable signal with the monitoring assembly in the triggered state; and b) an on state wherein the detectable signal generator generates the detectable signal with the monitoring assembly in the triggered state.
DeYoung et al. teaches a fire suppression system having a controller (150), wherein the controller is selectively changeable between: a) a setup state wherein the detectable signal will not generate a detectable signal with the monitoring assembly in the triggered state (disabled); and b) an on state wherein the detectable signal generator generates the detectable signal with the monitoring assembly in the triggered state (enabled) (col 10, lines 22-28).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to configure the controller of McSheffrey. Jr. et al with a manually trigger or control key to activate or deactivate the control panel, and to ensure it cannot be unintentionally deactivated (DeYoung et al. col 10, lines 22-28)
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McSheffrey. Jr. et al. (2010/0192695) in view Leyden et al. (5,565,848)
Regarding claim 2, McSheffrey. Jr. et al. shows all aspects of the applicant’s invention as in claim 1, including the tether is connected to the portable fire extinguisher through a sensor (the circuit inside 30) with a housing (88),
but fails to disclose the sensor having a depressible button that is spring biased outwardly from a housing with the monitoring assembly in the triggered state and pressed inwardly against a bias force with the sensor operatively attached to the fire extinguisher with the monitoring assembly in the armed state.
Leyden et al. shows a monitoring assembly wherein the monitoring assembly comprises the sensor (82, 84, 78), the sensor having a depressible button (78) that is spring (84) biased outwardly from a housing (68) with the monitoring assembly in the triggered state and pressed inwardly against a bias force with the sensor operatively attached to the fire extinguisher with the monitoring assembly in the armed state.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the tether system of Leyden with the fire extinguisher of extinguisher of McSheffrey. Jr. et al. having the switch of Leyden be adhered to the fire extinguisher of McSheffrey. Jr. et al., in order to make it more user friendly.
Regarding claim 3, wherein the housing is adhesively bonded to the fire extinguisher with the sensor operatively attached to the fire extinguisher (via adhesive 90).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over McSheffrey. Jr. et al. (2010/0192695) as modified by Leyden et al. (5,565,848), further in view of Werner (7,907,048)
Regarding claim 4, McSheffrey. Jr. et al as modified above shows all aspects of the applicant’s invention as in claim 3, including wherein the fire extinguisher comprises at least one arm (top arm of McSheffrey. Jr. et al actuator) projecting away from the cylinder
But fails to disclose the housing is maintained against the at least one arm with the sensor operatively attached to the fire extinguisher.
However, Werner teaches a sensor located on an arm of a fire extinguisher.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to attach the sensor of Leyden et al. to the arm of the fire extinguisher of McSheffrey. Jr. et al as modified above, in order for the user to easily notice the sensor.
Claim(s) 5, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over McSheffrey. Jr. et al. (2010/0192695) as modified by Leyden et al. (5,565,848), and Werner (7,907,048) above, further in view of Deconinck et al. (7,209,038)
Regarding claim 5, McSheffrey. Jr. et al as modified above shows all aspects of the applicant’s invention as in claim 4,
But fails to teach wherein the safety system further comprises a flexible strap that captures the housing against the at least one arm with the sensor operatively attached to the fire extinguisher.
Deconinck et al teaches a sensor housing (30) that uses a flexible strap to attach it to an element.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use a flexible strap in addition to the adhesive, to attach the housing to the fire extinguisher for added security.
Regarding claim 10, wherein the flexible strap extends through the housing (Deconinck gig 2).
Regarding claim 11, the above combination fails to teach wherein the flexible strap is a restrictable beaded strap.
restrictable beaded straps are well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use a restrictable beaded strap as the flexible strap, in order to make it easy to remove.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McSheffrey. Jr. et al. (2010/0192695) as modified by Leyden et al. (5,565,848), and Werner (7,907,048) above, further in view of Hard (4,088,194)
Regarding claim 6, McSheffrey. Jr. et al as modified above shows all aspects of the applicant’s invention as in claim 5, including wherein the at least one arm comprises a first arm that is part of the actuating mechanism and pivotably mounted for movement relative to the cylinder around an axis between a stored position and an actuated position (HS McSheffrey. Jr. et al U and Werner teach this), changing of the first arm from the stored position into the actuated position causing extinguishing agent in the cylinder to be discharged,
But fails to disclose the fire extinguisher further comprising a pin configured to be press fit into a locking position wherein the pin blocks movement of the first arm from the stored position into the actuated position, wherein the flexible strap confines movement of the pin relative to the cylinder.
Hard teaches a fire extinguisher including a pin (10) and a flexible strap (50), wherein the flexible strap confines movement of the pin relative to the cylinder, wherein the pin comprises a ring and the flexible strap extends through the ring, wherein the flexible strap is a frangible strap that must be torn to allow the pin to be withdrawn from the locking position to allow the first arm to be pivoted from the stored position into the actuated position and wherein the at least one arm comprises a second arm (fig 2)and the flexible strap extends around the first and second arms and through the ring (fig 2, 3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the actuator of Hard with the pin and the strap, in order to prevent the fire extinguisher form being actuated by mistake.
Additionally, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use a single strap to attach the housing and the pin to the fire extinguisher, rather than two straps to simplify the fire extinguisher.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur 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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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 9/25/2026
