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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the narrow throat stage of claims 1 and 10 being partially located within the outlet valve assembly, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 and 10-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 10, the specification does not provide support for the narrow throat stage to be located partially within the outlet valve assembly. This is not described in the specification nor shown in the figures.
Figures 3 and 4 show the narrow throat stage being inside the neck of the container, but only the exit stage being located partially within the outlet valve assembly.
The reminder of the claims are rejected due to dependency.
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) 1-6 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Butz et al. (2008/0128145)
Regarding claim 1, Butz et al. shows a container (208) for containing a dischargeable agent under pressure, the container comprising an outlet valve assembly (608 ) and a discharge conduit having a dip tube (212) through which agent is arranged to pass during discharge under the influence of a pressurized gas (inside 208), wherein part of the dip-tube comprises a device (728) for creating a venturi effect (728 is a venturi), the device comprising an entry stage and an exit stage with respect to a flow direction and a throat stage therebetween [0066] the entry and exit sages being substantially frusto-conical in shape (tapered [0066]) and the throat stage being cylindrical (fig 5), wherein the throat stage being located partially within the outlet valve assembly (fig 5)
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 5).
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 5).
Regarding claim 5, wherein at least one aerator duct (412) 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 5).
Regarding claim 10, in its use, the device of Butz et al. will inherently discharge an perform the method steps of claim 10.
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 ([0066]) using fluid flowing from an interior of the container into the venturi device through an aerator duct (550,412) extending from the interior volume of the container into the discharge conduit (fig 5).
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.
In the alternative, the below 103 rejection is provided.
Claim(s) 1-6 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Butz et al. (2008/0128145) in view of Cho (JP 2018000948 A)
Regarding claim 1, Butz et al. shows a container (208) for containing a dischargeable agent under pressure, the container comprising an outlet valve assembly (608 ) and a discharge conduit having a dip tube (212) through which agent is arranged to pass during discharge under the influence of a pressurized gas (inside 208), wherein part of the dip-tube comprises a device (728) for creating a venturi effect (728 is a venturi), the device comprising an entry stage and an exit stage with respect to a flow direction and a throat stage therebetween [0066] the entry and exit sages being substantially frusto-conical in shape (tapered [0066]) and, wherein the throat stage being located partially within the outlet valve assembly (fig 5)
But fails to disclose the throat stage being cylindrical
Cho teaches a venturi for a fire extinguisher that has a throat section being cylindrical (fig 4).
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 venturi of Cho in place of the venturi of Butz et al. in order to have a larger chamber of decreased pressure indie the venturi.
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 5).
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 5).
Regarding claim 5, wherein at least one aerator duct (412) 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 5).
Regarding claim 10, in its use, the device of Butz et al. as modified above will inherently discharge an perform the method steps of claim 10.
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 ([0066]) using fluid flowing from an interior of the container into the venturi device through an aerator duct (550,412) extending from the interior volume of the container into the discharge conduit (fig 5).
.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 and 10-12 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 7/27/2026
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