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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 26, 2026 has been entered.
If the conditions for filing an RCE have been satisfied, the technical support personnel will process the proper RCE. Any previously filed unentered amendments, and amendments filed with the RCE will normally be entered. Such amendments will be entered in the order in which they were filed in the absence of any specific instructions for entry. For example, if applicant files an amendment after final rejection that is denied entry by the examiner, and applicant subsequently files an RCE with an amendment, but the RCE is silent as to whether or not the previously filed after-final amendment should be entered, then the Office will enter both amendments in the order in which they were filed. If, however, applicant files an amendment after final rejection that is denied entry by the examiner, and applicant subsequently files an RCE with an amendment including specific instructions that the previously filed after-final amendment is not to be entered, then the Office will enter the amendment filed with the RCE but will not enter the after-final amendment. If conflicting amendments have been previously filed, applicant should clarify which amendments should be entered upon filing the RCE (and fee). MPEP 706.07(h).III.D. The RCE filed on March 26, 2026 makes no mention of the treatment of the After Final Response, that was denied entry, filed on December 18, 2025. Therefore, the December 18, 2025 amendment would normally be entered upon filing of an RCE. Yet, the amendment filed with the RCE on March 26, 2026 appears to treat the December 18, 2025 amendment as NOT being entered. Applicant’s failure to follow the procedure outlined in the MPEP only causes delay of prosecution and confusion of the record. The December 18, 2025 amendment has NOT BEEN Entered to expedite prosecution. Future responses failing to comply with the MPEP will be held non-responsive.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Applicant’s election without traverse of Invention I and Species A (figures 1-7) in the reply filed on July 2, 2024 is acknowledged.
Claim Rejections - 35 USC § 112
Claims 1-3, 5-12, 14-16, 19, 20 and 41 are 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.
Claim 1 recites the limitation "deformation" in line 27. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “prior to deformation of said gasket…” in lines 27-31. The claim fails to recite structure to perform the function of “deformation.” The specification discloses, starting on page 7, line 22 through page 8, line 23, that the rotation of the threaded sprinkler 12 deforms gasket 42. The angular orientation of the first land 52 is responsible for the radial compression of the gasket 42 as the sprinkler 12 advances (note that gasket 42 is substantially incompressible as disclosed on page 8, lines 4-5). The structure recited by the claim is not commensurate in scope with the function required by the claim.
Claim 41 recites the limitation “deformation” in line 2. It appears to be a double inclusion of the “deformation” recited in claim 1.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-12, 14-16, 19, 20 and 31 have been considered but are moot based on the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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 on (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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
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