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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/2026 has been entered.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho (JP 2018000948 A)
Regarding claim 1, Cho shows a container (110) for containing a dischargeable agent under pressure, the container comprising an outlet valve assembly (122, 120 and the upper portion of 128 are being considered the outlet valve assembly ) and a discharge conduit having a dip tube (the lower portion 128) through which agent is arranged to pass during discharge under the influence of a pressurized gas (140), wherein part of the dip-tube comprises a device (150) having a narrow portion (152) to create a venturi effect, the narrow portion being located partially within the outlet valve assembly (fig 2, 4, the internal threads of 150 thread into the upper dip tube 128 and a portion of the narrow portion 152 are also within 128)
Regarding claim 2, wherein the container comprises a fire-suppressing apparatus for containing a firefighting agent (Abstract).
Regarding claim 3, wherein the venturi device is located upstream of a valve or adaptor of the apparatus (fig 2).
Regarding claim 4, wherein the venturi device comprises at least a part of a main pathway for the passage of the agent during discharge (fig 2).
Regarding claim 5, wherein at least one aerator duct (154) extends into the discharge conduit from an interior space of the container.
Regarding claim 6, wherein the aerator duct extends through a wall of the venturi device to fluidically connect an interior of the venturi device with the interior space of the container (fig 2, 4).
Regarding claim 7, wherein the venturi device defines a flow axis (fig 4) and comprises an entry stage (bottom of fig 4) with respect to a flow direction of the agent during discharge (fig 2)
Regarding claim 8, wherein the venturi device includes a throat part (narrowest part in fig 4).
Regarding claim 9, wherein the venturi device includes an exit part (top of fig 4) with respect to a flow direction of agent during discharge (fig 2)
Regarding claim 10, in its use, the device of Cho will inherently discharge an agent through an outlet valve assembly (128 upper, 120 and 122) from a container (110) containing the agent under the action of a pressurized expellant gas (140), the method comprising directing the agent through a discharge conduit having a dip tube (lower 128) comprising a device (150) having as narrow portion (152) to create a venturi effect, wherein the narrow portion is located partially within the outlet valve assembly (fig 2, 4, the internal threads of 150 thread into the upper dip tube 128 and at least part of 152 is inside 128 as well)
Regarding claim 11, the agent is a firefighting agent (abstract).
Regarding claim 12, wherein the method comprises aerating the agent as it passes through the venturi device (inherent to element 150) using fluid flowing from an interior of the container into the venturi device through an aerator duct (154) extending from the interior volume of the container into the discharge conduit (fig 2).
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Response to Arguments
Applicant's arguments filed 3/23/26 have been fully considered but they are not persuasive.
See the above modified rejection of Cho. The examiner is considering the narrow portion to be the entire interior diameter portion 152 of element 150. The entire interior diameter of 152 is narrow compared to the inlet threaded portion. Part of 152 is internal to element 128 and element 128 is being considered part of the valve assembly.
Conclusion
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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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 4/14/2026
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