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 .
Response to Amendment
Applicant’s reply filed February 10, 2026, and to include the applicable sections of the reply filed November 25, 2025, is hereby acknowledged. Applicant’s cancellation of claims 4-6, 11, 12 and 14-16 in the reply filed November 25, 2025, as well as the additional cancellation of claims 2, 7, 9, 10 and 18 in the reply filed February 10, 2026, is hereby acknowledged. Claims 1, 3, 8, 13, 17, 19 and 20 remain pending and are addressed below.
Election/Restrictions
Claims 3 and 8 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on July 17, 2025.
Drawings
The replacement drawing sheet (2/16) for Fig. 2 was received on November 25, 2025. This drawing sheet is acceptable.
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.
Claims 1 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Muller et al., US Patent Application Publication No. 2019/0083833.
As to claim 1, Muller shows (see Figs. 5 and 6) and describes a sprinkler system (see paragraph [0034]), comprising: a sprinkler (1), comprising: a base (lowermost element shown in Fig. 5, generally where the lead line for reference number “3” is indicated) defining an inlet (no reference number, but clearly implicitly disclosed as being defined by the “base” element, as applied above) and an outlet (the element denoted by reference number “4” in the embodiment shown in Fig. 2, which is clearly implicitly also included in the embodiment shown in Fig. 5); at least one arm (“support element 6”; see again, Figs. 5 and 6) extending from the base; a deflector (13) coupled with the at least one arm; a button (5) that seals the outlet; a bulb (8) coupled with the button between the button and the deflector, wherein the bulb comprises a resistive trace (“9”, which is not shown in Fig. 5, but is necessarily included, as per at least the discussion in paragraphs [0007], [0014], [0032] and [0033]) made of an electrically conductive material to fracture the bulb responsive to an electrical current to release the button from the outlet (see, at least, paragraphs [0029]-[0030], pertaining to the operation of the embodiment shown in Figs. 1 and 2, which is essentially the same operation of the embodiment shown in Figs. 5 and 6, as per at least paragraphs [0007], [0014], [0032] and [0033]); and a release assembly (10, 11, 12, 16) coupled with the sprinkler, the release assembly comprising: a circuit board (10) coupled with the base or the at least one arm; a first element (the lower “16” element in Figs. 5 and 6) coupled with the at least one arm and with the circuit board (see again, Figs. 5 and 6); and a second element (the upper “16” element; see again, Figs. 5 and 6) coupled with the button, the circuit board to provide the electrical current to the bulb by way of the first element or the second element to cause the bulb to fracture responsive to a fire condition (see again, paragraphs [0032]-[0033], particularly in the context of how the embodiment shown in Figs. 1 and 2 operates, as per at least paragraphs [0029]-[0030]). Also, while it appears in Figs. 5 and 6 of Muller that the first and second elements (16), discussed above regarding the release assembly, are reasonably “wire” or wire-like elements, Muller does not expressly refer to them as “wire” elements. However, it should be noted that the first and second elements (16) of Muller are expressly described as being “contact springs” (see paragraph [0032]). Thus, one having ordinary skill in the art would be motivated to use “contact spring” elements having a form which was known and common before the filing date of the instant application.
In paragraph 13 of the Office action mailed August 25, 2025, pertaining to the “first wire” and “second wire” limitations of previously pending (dependent) claim 18, the Examiner took Official Notice with respect to the obviousness of modifying the prior art device of Muller, whereby the first and second elements are, or at least include, “wire” elements, which were not expressly described by Muller. Since Applicant has not expressly traversed the Examiner’s assertion of Official Notice, the Examiner is now officially and clearly indicating that such a modification is admitted to be common or well-known in the art, and is therefore taken to be admitted prior art. See MPEP 2144.03 (C)
As to claim 13, Muller shows or renders obvious all of the limitations as set forth in claim 1, and further, Muller discloses that the integrity of the bulb is determined by the circuit board based on continuity of the electrical current (see, at least paragraphs [0007], [0011] and [0015]).
Claims 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Muller et al., in view of Tanklevski et al., US Patent Application Publication No. 2017/0304664.
As to claim 17, Muller shows (see Figs. 5 and 6) and describes a fire suppression system (see paragraph [0034]), comprising: at least one nozzle (1) comprising an outlet (the element denoted by reference number “4” in the embodiment shown in Fig. 2, which is clearly implicitly also included in the embodiment shown in Fig. 5) sealed by a button (5) and a bulb (8) in contact with the button, the bulb comprising an electrically conductive material (“9”, which is not shown in Fig. 5, but is necessarily included, as per at least the discussion in paragraphs [0007], [0014], [0032] and [0033]) to cause the bulb to fracture responsive to receiving an electrical current (see, at least, paragraphs [0029]-[0030], pertaining to the operation of the embodiment shown in Figs. 1 and 2, which is essentially the same operation of the embodiment shown in Figs. 5 and 6, as per at least paragraphs [0007], [0014], [0032] and [0033]); a release assembly (10, 11, 12, 16) coupled with the electrically conductive material to provide the electrical current to the electrically conductive material, the release assembly comprising a circuit board (10) coupled with a base (lowermost element shown in Fig. 5, generally where the lead line for reference number “3” is indicated) of the at least one nozzle or at least one arm (“support element 6”; see again, Figs. 5 and 6) of the at least one nozzle, a first element (the lower “16” element in Figs. 5 and 6) coupled with the at least one arm and with the circuit board (see again, Figs. 5 and 6), and a second element (the upper “16” element; see again, Figs. 5 and 6) coupled with the button, and the circuit board of the release assembly to provide the electrical current, to the electrically conductive material by way of the first element or the second element, responsive to a fire condition corresponding to a temperature (see paragraph [0011]; and see again, paragraphs [0032]-[0033], particularly in the context of how the embodiment shown in Figs. 1 and 2 operates, as per at least paragraphs [0029]-[0030]). Also, with the device of Muller, while it is extremely likely that a temperature which causes the activation device to cause the release assembly to provide the electrical current to the electrically conductive material is less than a temperature rating of the bulb, because one of the main purposes of the Muller device is to actively activate one or more sprinklers of the system due to a fire event which has not yet become hot enough to passively trip the bulb, Muller is silent as to such. Further, while it appears in Figs. 5 and 6 of Muller that the first and second elements (16), discussed above regarding the release assembly, are reasonably “wire” or wire-like elements, Muller does not expressly refer to them as “wire” elements. However, it should be noted that the first and second elements (16) of Muller are expressly described as being “contact springs” (see paragraph [0032]). Thus, one having ordinary skill in the art would be motivated to use “contact spring” elements having a form which was known and common before the filing date of the instant application.
Regarding the recitation, “responsive to a fire condition corresponding to a temperature less than a temperature rating of the bulb”, Tanklevski shows a nozzle/sprinkler (see Fig. 1) for a fire suppression system, with the nozzle/sprinkler having a remarkably similar design, function and effect as compared to that of Muller; and Tanklevski teaches inclusion of an element (for example, the “differential fire alarm” discussed in, at least, paragraphs [0013] and [0034]) to cause the corresponding release assembly (6) to provide electrical current to the corresponding electrically conductive material (4, 5) responsive to a fire condition corresponding to a temperature less than a temperature rating of the corresponding bulb (3), which results in a faster response of the sprinkler to the fire condition (see paragraph [0008]; and, see again, paragraph [0034]). It is noted, with respect to the “...temperature less than a temperature rating of the bulb” limitation, such is clearly implied in, at least, lines 20-25 of paragraph [0034]; because the disclosed “differential thermal fire alarm” is described as having the “ability to activate the sprinkler immediately after detecting a change in temperature in the controlled area protected by the sprinkler”. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the system of Muller cause the release assembly to provide the electrical current to the electrically conductive material responsive to a fire condition corresponding to a temperature less than a temperature rating of the bulb, as taught by Tanklevski, thus facilitating a faster sprinkler actuation response when a fire condition, which has not yet become hot enough to passively trip the bulb, is detected.
Regarding the first “wire” and second “wire” limitations (as previously noted above with respect to claim 1), in paragraph 13 of the Office action mailed August 25, 2025, pertaining to the “first wire” and “second wire” limitations of previously pending (dependent) claim 18, the Examiner took Official Notice with respect to the obviousness of modifying the prior art device of Muller, whereby the first and second elements are, or at least include, “wire” elements, which were not expressly described by Muller. Since Applicant has not expressly traversed the Examiner’s assertion of Official Notice, the Examiner is now officially and clearly indicating that such a modification is admitted to be common or well-known in the art, and is therefore taken to be admitted prior art. See MPEP 2144.03 (C)
As to claim 19, modified Muller shows all of the recited limitations as set forth in claim 17. However, Muller is silent as to a particular, exemplary nominal temperature rating value of the bulb. It should first be noted that each of the nominal temperature rating values of the bulb recited in the claim are well known and common in the art, and are chosen by those of ordinary skill in the art based on known, predetermined parameters of a location being protected by a fire suppression/sprinkler system, such as the characteristics of a particular protected area (e.g., residential area, offices, schools, commercial kitchens, industrial settings, etc.) for which the system is designed, the size of the protected area(s), etc. It should also be noted that known regulations (e.g. NFPA 13 codes) expressly specify required nominal temperature rating values for sprinkler bulb activation, with those well-known and common values recited in the claim being matched to an intended fire suppression application pertaining to the aforementioned parameters. For these reasons, it is extremely likely that the temperature rating of the bulb shown by Muller meets at least one of the optional and exemplary values recited in the claim. In the extremely unlikely event that the claim is not met, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a bulb having any one of the recited nominal temperature rating values recited in claim 19, in order for the sprinkler, and the fire suppression system used therewith, to comply with the known regulations, such as NFPA 13, which dictate requirements for the use of such sprinkler bulb temperature ratings in a particular location, as would be well within the ordinary skill of one in the art.
As to claim 20, modified Muller shows all of the recited limitations as set forth in claim 17. Further, Muller discloses that the system uses the electrical current to detect that the bulb has fractured (see paragraphs [0007], [0011], [0014], [0015] and [0031]; and note that paragraph [0030] expressly describes bidirectional data signal communication between the release assembly and an activation device, with paragraph [0015] expressly discussing a “higher level control system” as part of this activation device, which can determine bulb fracture using the discussed signal communications).
Response to Arguments
Applicant's arguments, see pages 9-10 of the “Remarks” portion of the response filed November 25, 2025, have been fully considered but they are not persuasive.
In essence, the entirety of the aforementioned arguments pertains to the claim amendments made therewith, which were held as being “non-responsive”, as per the notice mailed December 19, 2025. Thus, those arguments are not commensurate with the scope of the claims as filed February 10, 2026. Further, the “Remarks” portion of the response filed February 10, 2026 did not include any specific arguments pertaining to the corresponding claim amendments, and particularly as to how such amendments distinguish independent claims 1 and 17 from the prior art applied in the Office action mailed August 25, 2025.
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 DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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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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/DARREN W GORMAN/Primary Examiner, Art Unit 3752