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 .
Election/Restrictions
Applicant's election with traverse of invention I, claims 1-13 in the reply filed on 10/27/2025 is acknowledged. The traversal is on the ground(s) that there is no burden in examining both groups.. This is not found persuasive because each group has a separate status in the art in view of their different classification and each group requires a different search .
The requirement is still deemed proper and is therefore made FINAL.
Claims 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/27/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, it is unclear if the dip tube of claim 2 is the same as the dip tube of claim 1, or if it is an additional dip tube.
Regarding claim 2, it is unclear if the release valve of claim 2 is the same as the release valve of claim 1, or if it is an additional release valve.
Regarding claim 7, it is unclear if the fire extinguisher, cylinder, neck, release valve and dip tube of claim 7 are the same as the fire extinguisher, cylinder, neck, release valve and dip tube of claim 1, or if they are additional fire extinguisher, cylinder, neck, release valve and dip tube
Claim 8 recites the limitation " the valve engagement element " in line 8. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 13, it is unclear if the extinguishing agent of claim 13 is the same as the extinguishing agent of claim 1, or if it is an additional extinguishing agent
The reminder of the claims are rejected for depending for claim 2.
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, 2-9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barnes (GB 2322298 A).
Regarding claim 1, Barnes shoes an adapter (12, 26) for a fire extinguisher comprising a cylinder (18) which has an internal volume for storage of an extinguishing agent and a neck (16) through which the internal volume may be accessed, a release valve (46), and a dip tube (54), wherein :the adapter defines a first flow path through the adapter for the extinguishing agent during introduction or charging of the extinguishing agent into the internal volume of the cylinder (holes 90 for the CO2 in 36); the adapter at least partially defines or accommodates a second flow path for the extinguishing agent through the adapter (passage 56, 28 and 39) during discharging of the fire extinguisher of which the adapter is part; and the first and second flow paths are different (fig 1).
Regarding claim 2, the adapter comprises a cylinder engagement element (14), a through bore (the center bore of 12) and at least one filling hole (90); the cylinder engagement element is configured to engage with the neck of the cylinder (fig 1); the adapter defines the through bore (fig 1); the through bore extends between a first mouth opening (48 through a first portion (12) of the adapter and a second mouth opening (bottom opening of 26) through a second portion (26) of the adapter; the adapter is so configured that when the adapter is engaged with the cylinder a first mouth of the through bore opens outside the cylinder (fig 1) and a second mouth of the through bore opens within the cylinder or the neck of the cylinder (fig 1); the first mouth is configured to engage with a release valve (46); the second mouth is configured to engage with a dip tube (54); and each filling hole extends between a first hole end which is a hole in a surface that defines the through bore and a second hole end (hole 90 goes from the bore to the outside of the bore), wherein when the adapter is engaged with the cylinder, the second hole end is located in a part of a surface of the adapter that is within the cylinder or the neck of the cylinder (fig 1), and located in a position in which there is a flow path for extinguishing agent from the second hole end to the internal volume of the cylinder (fig 1).
Regarding claim 4, wherein the adapter is so configured that the first hole end of each filling hole is closed when the release valve is engaged with the adapter (the hoses 90 are closed from the inside of 36 when the valve 46 is up).
Regarding claim 5, wherein the first portion of the adapter comprises one or more first indexing elements (the threads on 12), the second portion of the adapter comprises one or more second indexing elements (the treads on 26), and the first and second indexing elements are aligned with each other (fig 1).
Regarding claim 6, wherein the adapter comprises a seal element (40), and the seal element is positioned in the through bore between the second mouth and the first hole end of the filling hole (fig 1).
Regarding claim 7, Barnes shows a fire extinguisher comprising: a cylinder ( 18) having a neck (14) through which an internal volume of the cylinder may be accessed; a release valve (46); the adapter according to claim 2; and a dip tube (54).
Regarding claim 8, the release valve comprises an adapter engagement element (44) and a discharge passage (42); the discharge passage is configured to be in fluid communication with the through bore of the adapter when the release valve is engaged with the adapter (fig 1); a part of a length of the discharge passage is surrounded by the adapter engagement element; and the first mouth of the adapter is configured to engage with the adaptor engagement element of the release valve (fig 1).
Regarding claim 9, the dip tube comprises one or more entry holes (inherent, because material has to flow into it); and the dip tube is so configured that the dip tube may be fixed to the adapter in an orientation relative to the adapter such that the one or more entry holes are in a predetermined part of the cylinder when the adapter is engaged with the cylinder (fig 1).
Regarding claim 13, wherein the fire extinguisher comprises an extinguishing agent in the form of a dry powder (page 6, first full paragraph).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnes (GB 2322298 A) in view of Neumaerker (EP 2277601 A1)
Regarding claim 3, Barnes shows all aspects of the applicant’s invention as in claim 2, but fails to disclose wherein the second mouth is so configured that the engagement between the adapter and the dip tube is a threaded fit
Neumaerker teaches a threaded dip tube (fig 2)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to make the dip tube threaded into the adaptor for ease of replacement.
The above combination still fails to disclose a lock element configured to lock the dip tube in position relative to the adapter.
The examiner notes that set screws are well known in the art of threaded connections.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use a set screw in the threaded connection to prevent unwanted unthreading.
Allowable Subject Matter
Claims 10-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art fails to disclose or render obvious the limitations of claims 10 and 11 that require closing each first hole end of the filling holes in combination with the rest of the claim language.
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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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 1/27/2026