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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/15/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Outer Container Species A in the reply filed on 4/22/2026 in response to the requirement for restriction mailed 2/24/2026 is acknowledged. Claims 8-13, 15-17, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/22/2026.
The traversal is on the grounds that the species identified by the examiner are overlapping and that no serious burden exists for examining the identified species together.
This is not found persuasive. The examiner acknowledges that some of the species have overlapping features that are not mutually exclusive, however multiple distinct species are shown across the figures. Despite the specification pointing to different views “according to some embodiment” the different “views” across the figures appear to show distinct inlet and outlet features that are mutually exclusive, some of which are not part of the elected embodiment of Species A. Some of the non-elected species are drawn to outer containers having inlet and outlet features that are mutually exclusive and not part of the embodiments shown in Figs. 2-5a, 6, and 8-11. Thus, Claims 8-13, 15-17, and 20 are withdrawn from consideration because the various species have mutually exclusive features drawn to divergent subject matter that require a different field of search (e.g., at least searching different classes/subclasses or electronic resources, and/or employing different search strategies or search queries using different keywords). Furthermore, the prior art applicable to one species would not likely be applicable to another species. Therefore, a search burden exists for examining all of the species, and the requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 2-7 and 14 are objected to because of the following informalities:
In Claims 2-7, each instance of “The outer container for cooling the fire suppressant container” should be revised to “The outer container” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 2 Line 5, “the tubular member fluidly coupled” should be revised to “the tubular member is fluidly coupled” to ensure proper grammar.
In Claim 14 Line 3, “to surround a suppression container” should be revised to “to surround the suppression container” to ensure clarity in the claim.
Appropriate correction is required.
Claim Interpretation
The examiner notes that the based on the “configured to” claim language used, the “fire suppressant container” in Claims 1-7 and the “suppression container” in Claims 14 and 18-19 do not appear to be positively recited as part of the claimed outer container. Therefore, for the purpose of examination, the “fire suppressant container” in Claims 1-7 and the “suppression container” in Claims 14 and 18-19 are being interpreted as components that are not part of the claimed invention and are merely configured to be utilized with the claimed outer container.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-7, 14, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PGPUB 2016/0288991 A1 to Richardson (“Richardson”).
As to Claim 1, Richardson discloses an outer container (See #5 in Fig. 7) for cooling a fire suppressant container (See Paragraph 0038. The container #5 can store some fire suppressant container and can cool some fire suppressant container when it is placed in #5 by moving air through an interior of #5), comprising:
a housing (#5) configured to at least partially enclose the fire suppressant container that stores a fire suppressant agent (See Fig. 7 and See Paragraphs 0051-0052 disclosing racks #165. The racks can store some fire suppressant container and enclose it within #5) the housing comprising:
sidewalls (#10) defining an inner volume configured to surround the fire suppressant container (See Annotated Fig. 7. Some fire suppressant container can be stored in the inner volume);
an inlet (See Annotated Fig. 7, one inlet can be considered a single entry opening #105 that air can flow through) configured to be positioned at an elevated position relative to a ground surface (See Annotated Fig. 7) to receive air from an environment outside of the housing (See Paragraph 0035); and
an outlet (See an exit opening #110 in Annotated Fig. 7), wherein:
the inner volume, the inlet, and the outlet define a flow path for air (#140) such that the air flows through the outer container and proximate the fire suppressant container to induce forced convective cooling of the fire suppressant container (See Fig. 7 and Paragraph 0037. Some fire suppressant container can be placed in #5 such that air can flow through #5 across some fire suppressant container to induce a level of forced convective cooling of some fire suppressant container).
As to Claim 2, in reference to the outer container of Richardson as applied to Claim 1 above, Richardson further discloses wherein:
the fire suppressant container further comprises a tubular member (See Fig. 7. The outer container #5 can store some fire suppressant container that comprises some tubular member. The fire suppressant container is not positively recited as part of the claimed outer container);
the sidewalls comprise an opening configured to receive the tubular member such that the tubular member extends into the housing from outside (See Annotated Fig. 7. An opening #105 is capable of receiving some tubular member that can extend into #5 from outside of #5. Fig. 10 also shows a pipe #155 that can receive some tubular member that can attach to some fire suppressant container); and
the tubular member fluidly coupled with the fire suppressant container for discharge of the fire suppressant agent through the tubular member to a zone located outside of the outer container for fire suppression (See Annotated Fig. 7. Some tubular member can be coupled to some fire suppressant container that can be stored in #5, such that some tubular member can discharge some fire suppressant agent to some fire zone in the outside environment).
As to Claim 3, in reference to the outer container of Richardson as applied to Claim 2 above, Richardson further discloses wherein the fire suppressant container is configured to provide the fire suppressant agent through the tubular member to at least one of a discharge device or an induction system (See Annotated Fig. 7. The outer container #5 is capable of storing some fire suppressant container that can provide some fire suppressant agent through some tubular member to some discharge device or some induction system in the outside environment).
As to Claim 4, in reference to the outer container of Richardson as applied to Claim 1 above, Richardson further discloses wherein the housing comprises multiple inlets (See multiple inlets #105 in Fig. 7) and multiple outlets (See multiple outlets #110 in Fig. 7), the multiple inlets configured to catch the air to direct air flow into the inner volume and out through the outlet in different directions (See Paragraph 0037 and See Fig. 7 showing multiple flow paths #135 and #140 for air flow via fans #145, which travel upwardly in different directions away from #5).
As to Claim 5, in reference to the outer container of Richardson as applied to Claim 1 above, Richardson further discloses wherein the housing further comprises a baffle configured to direct the air from the inlet towards the fire suppressant container (See Annotated Fig. 7. A centrifugal fan #145 is structure that has blades that is equivalent to a baffle structure that deflects and regulates air flow to assist in directing air from #105 towards some fire suppressant container that can be stored on #165).
As to Claim 6, in reference to the outer container of Richardson as applied to Claim 1 above, Richardson further discloses wherein:
the outer container is configured to elevate the fire suppressant container relative to the ground surface such that a space is defined between a bottom of the fire suppressant container and the ground surface (See Annotated Fig. 7. The outer container #5 can store some fire suppressant container on rack #165); and
the space is configured to receive air underneath the fire suppressant container to cool at least the fire suppressant container (See Annotated Fig. 7. The space beneath #165 can have air flow under a fire suppressant container such that the fire suppressant container is cooled by the air to some extent).
As to Claim 7, in reference to the outer container of Richardson as applied to Claim 1 above, Richardson further discloses wherein the housing is configured to facilitate access to the fire suppressant container (See door #30 in Fig. 2 and See Paragraph 0052. The housing #5 can allow access to some fire suppressant container stored in #5 when the door is opened).
As to Claim 14, Richardson discloses an outer container (See #5 in Fig. 7) for cooling a suppression container (See Paragraph 0038. The container #5 can store some suppression container and can cool the suppression container when it is placed in #5 by moving air through an interior of #5), the outer container comprising:
a plurality of sidewalls (#10) configured to surround a suppression container and encasing an inner volume (See Annotated Fig. 7);
an upper portion above and abutting the plurality of sidewalls (See #40 in Annotated Fig. 7);
an inlet (See an inlet #105 in Annotated Fig. 7) being elevated relative to a ground surface upon which the plurality of sidewalls stand (See Annotated Fig. 7. The inlet is above the ground surface. The sidewalls #10 stand on the ground surface via pedestals #95); and
an outlet (See an outlet #110 in Annotated Fig. 7) being elevated relative to the ground surface upon which the plurality of sidewalls stand (See Annotated Fig. 7, the outlet is above the ground surface), wherein the inner volume, the inlet, and the outlet define a flow path for the air to flow therethrough (See #140 in Fig. 7 and See Paragraph 0037).
As to Claim 18, Richardson discloses an outer container (See #5 in Fig. 7) for cooling a suppression container (See Paragraph 0038. The container #5 can store some suppression container and can cool the suppression container when it is placed in #5 by moving air through an interior of #5), the outer container comprising:
a housing (#5) configured to at least partially enclose the suppression container that stores a fire suppressant agent (See Fig. 7 and See Paragraphs 0051-0052 disclosing racks #165. The racks can store some suppression container and enclose it within #5), the housing comprising:
an inlet (See an inlet #105 in Annotated Fig. 7) configured to be positioned at an elevated position relative to a ground surface (See Annotated Fig. 7. The inlet is above the ground surface. The sidewalls #10 stand on the ground surface via pedestals #95) to receive air from an environment outside of the housing (See Annotated Fig. 7 and Paragraphs 0037-0038); and
an outlet (See an outlet #110 in Annotated Fig. 7), wherein an inner volume (See Annotated Fig. 7), the inlet, and the outlet define a flow path for the air (#140) such that the air flows through the outer container and proximate the suppression container to induce forced convective cooling of the suppression container (See Annotated Fig. 7 and Paragraph 0037. Some suppression container can be placed in #5 such that air can flow through #5 across the suppression container to induce a level of forced convective cooling of some suppression container).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O 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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/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 June 4, 2026
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