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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,251,587. As to claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a ground-based vehicle for making and spraying a fire and smoke inhibiting slurry composition over a burning fire on a combustible surface so as to suppress the burning fire, said ground-based vehicle comprising a mobile spray vehicle navigable along a ground surface mixing tank with an integrated agitator mechanism mounted on said mobile spray vehicle, for blending mulch fibers including wood and/or cellulose fibers, with clean fire inhibiting chemicals (CFIC), using a wetting agent, and then mixing with a quantity of water to make up a fire and smoke inhibiting slurry mixture, so that said clean fire inhibiting chemicals infuse into the surface of the mulch fibers when being mixed within said mixing tank GPS-tracking hydraulic spraying system supported on said mobile spray vehicle to hydraulically spray the fire and smoke inhibiting slurry mixture on the combustible surfaces; and network database, deployed on a wireless system network, for documenting the spraying operations on said combustible surface, by storing, as database records, GPS coordinates and time/date stamping data associated with said spraying operations and generated by said GPS-tracking hydraulic spraying system, and wirelessly transmitted to said network database for storage and future access on said wireless system network; and one or more mobile computing systems deployed on said wireless system network, for providing authorized stakeholders access to database records stored in said network database to verify said spraying operations wherein, once said fire and smoke inhibiting slurry mixture is sprayed over said burning fire, the CFIC-infused chemicals within said mulch fibers work to suppress said burning fire. Claim 1 of the instant application is broader in scope than claim 1 of U.S. Patent No. 12,251,587 and is therefore encompassed in claim 1 of U.S. Patent No. 12,251,587.
As to claims 2-4, see claim, 2-4 of U.S. Patent No. 12,251,587.
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11,826,592 in view of Cordani ‘280. As to claims 1-4, claims 1-4 of U.S. Patent No. 11,826,592 in view of Cordani ‘280 positively recites all the claimed elements for making and applying a fire and smoke inhibiting slurry composition on ground surfaces before the arrival of wildfire so as to proactively form a strategic chemical-type wildfire break on said ground surfaces, except for a ground based mobile spray vehicle navigable along a ground surface. Cordani ‘280 discloses a ground based mobile spray vehicle navigable along a ground surface for applying a slurry composition onto surfaces on fire. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a ground based mobile spray vehicle navigable along a ground surface to perform the method as recited in claims 1-4 of U.S. Patent No. 11,826,592, as taught by Cordani ‘280, since with such a modification the slurry composition can be easily applied to different ground surfaces by movement of the mobile-spray vehicle. Claims 1-4 of the instant invention, are encompassed in claims 1-4 of U.S. Patent No. 11,826,592, as modified by Cordani ‘280.
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11,395,931 in view of Cordani ‘280. As to claims 1-4, claims 1-4 of U.S. Patent No. 11,395,931 in view of Cordani ‘280 positively recites all the claimed elements for making and applying a fire and smoke inhibiting slurry composition on ground surfaces before the arrival of wildfire so as to proactively form a strategic chemical-type wildfire break on said ground surfaces, except for a ground based mobile spray vehicle navigable along a ground surface. Cordani ‘280 discloses a ground based mobile spray vehicle navigable along a ground surface for applying a slurry composition onto surfaces on fire. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a ground based mobile spray vehicle navigable along a ground surface to perform the method as recited in claims 1-4 of U.S. Patent No. 11,395,931, as taught by Cordani ‘280, since with such a modification the slurry composition can be easily applied to different ground surfaces by movement of the mobile-spray vehicle. Claims 1-4 of the instant invention, are encompassed in claims 1-4 of U.S. Patent No. 11,395,931, as modified by Cordani ‘280.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nilsson ‘513 discloses a fire retardant composition that is clean and biodegradable. Akcasu ‘774 and Doshay ‘026 teach using firefighting apparatuses to combat wildfires.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/Primary Examiner, Art Unit 3752
