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 .
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 07/22/25, 01/17/25, have been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
3. The drawings filed on 01/17/25. These drawings are acceptable.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims 1-5 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an inner accommodating unit”, “an outer accommodating unit”, “a display unit”, in claims.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“an inner accommodating unit” – The inner cover 30A is an inner accommodating unit, (Applicant’s Pub. No. 2025/0164385, [0087]).
“an outer accommodating unit” – The outer cover 20A is an outer accommodating unit, (Applicant’s Pub. No. 2025/0164385, [0081]).
“a display unit” – displaying predetermined information or outputting the predetermined information as a sound via an output unit (a display unit or a sound output unit), etc, (Applicant’s Pub. No. 2025/0164385, [0073, 0075]),
- the display unit is a display unit that displays various types of information (for example, information indicating the presence or absence of detection of a fire), and is configured using, for example, a known display unit (an LED, etc.), (Applicant’s Pub. No. 2025/0164385, [0096]). For the purpose of examination, this wording is interpreted as any emitting element.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1-4, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoshino Tomohiro et al. (JP 2011215705 A). Hereafter “Hoshino”. (Please see attached files for Hoshino’s reference).
Regarding Claim(s) 1, Hoshino discloses a fire detection apparatus for detecting a fire in a monitored area (figures 2, 8, fire alarm 100 with smoke detector 1 is not different from a fire detection apparatus), comprising:
a detection space in which detection of a detection target is performed (the following figure 3, a detection space AA);
an inner accommodating unit configured to accommodate the detection space, the inner accommodating unit being able to allow a gas containing the detection target to flow in and out of the inner accommodating unit (figures 6-10, lid 21 is not different from an inner accommodating unit. It is inherent that lid 21 allows air/gas containing smoke target to flow in and out via smoke inlet 41b, in order to detect smoke. Please see 112(f) in paragraph 5 above);
an outer accommodating unit configured to accommodate the inner accommodating unit, the outer accommodating unit being able to allow the gas to flow in and out of the outer accommodating unit (figures 6-10, housing 40 with flat portion 42 is not different from an outer accommodating unit. It is inherent that housing 40 including main body 45 and protective cover 41 with flat portion 42 allows air/gas containing smoke target to flow in and out in order to detect smoke. Please see 112(f) in paragraph 5 above); and
a positioning unit configured to align a relative position of the inner accommodating unit and the outer accommodating unit to a predetermined position when the inner accommodating unit and the outer accommodating unit are attached to each other (figures 6-10, optical bench cover 10 is not different from a positioning unit configured to align a relative position of the inner accommodating unit 21 and the outer accommodating unit 40/41/42/45 to a predetermined position),
wherein the positioning unit is configured to be able to guide light irradiated from a display unit provided on an inside of the inner accommodating unit to an outside of the outer accommodating unit (figures 6-10, a positioning unit 10 is able to guide light irradiated from a display unit provided on an inside of the inner accommodating unit 21 to an outside of the outer accommodating unit 41; Page 4, lines 44-50. The smoke detector 1 has only one light emitter 22. Therefore, it is inherent that this light emitter 22 is also used for alarm indicator of display unit, and the opening 41c formed in the protective cover 41 is for projecting a fire alarm indicator light from the protective cover 41. Please see 112(f) in paragraph 5 above).
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Regarding Claim(s) 2, Hoshino discloses the positioning unit includes a protrusion provided on one of the inner accommodating unit or the outer accommodating unit (figures 6-10, optical bench cover 10 is not different from a positioning unit, which includes a protrusion provided on one of the inner accommodating unit 21 or the outer accommodating unit 40/41/42/45), and
a fitting portion provided on the other one of the inner accommodating unit or the outer accommodating unit, the protrusion being allowed to fit to the fitting portion (figures 6-10, and the following figure 9, element BB is not different from a fitting portion provided the outer accommodating unit, the protrusion being allowed to fit to the fitting portion BB).
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Regarding Claim(s) 3, Hoshino discloses the protrusion or the fitting portion is configured as at least a part of a rib partitioning a gap between the inner accommodating unit and the outer accommodating unit (page 3, lines 32-34; Page 4, lines 44-50; Page 5, lines 33-35).
Regarding Claim(s) 4, Hoshino discloses the protrusion or the fitting portion is formed integrally with the inner accommodating unit or the outer accommodating unit (figures 6-10, and the above figure 9, the protrusion or fitting portion BB is formed integrally with the inner accommodating unit 12 or the outer accommodating unit 40/41/42/45).
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 26, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
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