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 .
Status of Claims
Currently claims 1-41 are pending, claim 1 is amended, and claims 12-41 are withdrawn.
Election/Restrictions
Claims 12-41 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 09/30/2025.
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.
Claim(s) 1-3 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sands (U.S. 3841667).
With respect to claim 1, Sands discloses an irrigation spout having a spout axis (figure 1, the spot shown and its central axis), the irrigation spout comprising:
an upper side (upper side above 32 and up);
a lower side (the lower side having 36);
a through passage extending along the spout axis (being the flow passage of fluid within 32/12/62), the passage comprising:
an entry section (the entry section within 40) located at the spout's lower side and having an entry into the passage (entry into the passage above 40), the entry section disposed about the spout axis (see figure 1); and
a main section downstream of the entry section (main section formed by 12), the main section having an exit from the passage which opens out to the upper side (the exit at the top of 12 at 16), the main section disposed about the spout axis (see figure 1) with each of the entry and the exit disposed about the spout axis (see figure 1);
a downwardly facing base face provided on the lower side (the downward face of 36); and
at least one rib provided on the lower side (being the two ribs on each side of 48 housing 48 and against the pipe P), the at least one rib formed at least partially about the entry into the passage (being about 40), and projecting downwards away from the base face (as seen in figure 1, taking the base face to be the face of 36 from which the two “ribs” project and above that of 48), the at least one rib forming the lowermost surface of the spout (as 50 and 52 are not taken as part of the spout itself, the ribs at 48 are the lowermost point of the spout) the at least one rib configured to abut an outer surface of a pipe member (shown in figure 1, 48 abutting the pipe member).
With respect to claim 2, Sands discloses the at least one rib comprises a radially inner first rib (the rib closest to 40) and a radially outer second rib (the rib outside of 48), each rib comprising a closed contour (being closed about 48).
With respect to claim 3, Sands discloses the radially inner first rib and radially outer second rib are concentric about the spout axis (as shown in figure 1), each rib forming a closed circular contour (as shown in figure 6).
With respect to claim 5, Sands discloses the downwardly facing base face follows a cylindrical contour (as shown in figures 1 and 6).
With respect to claim 6, Sands discloses in cross sections taken along the spout axis (see figure 1, cross sections), the entry section comprises larger cross sectional areas than the main section immediately downstream to the entry section (as 40 has a larger cross section then that where 22 is located).
With respect to claim 7, Sands discloses the entry section converges in downstream direction (as shown in figure 2), from the entry into the passage to the main section immediately downstream to the entry section (as shown in figure 2, by 52).
With respect to claim 8, Sands discloses the spout further comprise an upwardly projecting annular stem (stem of 12); and the exit of the passage is at an upper side of the stem (as shown in figure 1).
With respect to claim 9, Sands discloses the spout further comprises an upwardly projecting wall (the wall of 30) that is formed at least partially about the stem (as shown in figure 1).
With respect to claim 10, Sands discloses the spout further comprises a peripheral rim (62) located at the upper side of the stem (as shown in figure 1), the peripheral rim projecting laterally away from the stem (as shown in figure 1).
Claim(s) 1 and 4-6 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olson (U.S. 6871880).
With respect to claim 1, Cameron discloses an irrigation spout (figure 6) having a spout axis (centered on the device), the irrigation spout comprising:
an upper side (upper side having 54 and above);
a lower side (lower side 58 abutting 40);
a through passage extending along the spout axis (through passage 18), the passage comprising:
an entry section (at 52) located at the spout's lower side and having an entry into the passage (as shown in figure 6), the entry section disposed about the spout axis (see figure 6, where the entry section at 52 is about a central spout axis); and
a main section downstream of the entry section (main section within 12), the main section having an exit from the passage which opens out to the upper side (exit at the end of 18), the main section disposed about the spout axis with each of the entry and the exit disposed about the spout axis (see figure 6);
a downwardly facing base face provided on the lower side (the base facing 40); and
at least one rib (rib 58 and the portion of 12 that abuts 40 within the hole 42) provided on the lower side, the at least one rib formed at least partially about the entry into the passage (as shown in figure 6), and projecting downwards away from the base face (as shown in figure 6), the at least one rib forming the lowermost surface of the spout (where the ribs 58 and that of the portion 12 within 42 are the lowermost part of the spout, as 52 is taken to be a separate head element the spout is connected to), the at least one rib configured to abut an outer surface of a pipe member (as shown in figure 6, where the two indicated rubs about the outer surface of the pipe member, both the outer diameter and outer surface of the hole of the pipe).
With respect to claim 4, Cameron discloses the downwardly facing base face is planar (s shown in figure 6).
With respect to claim 5, Cameron discloses the downwardly facing base face follows a cylindrical contour (as shown in figures 1-6).
With respect to claim 6, Cameron discloses in cross sections taken along the spout axis, the entry section comprises larger cross sectional areas (the cross section within 52) than the main section immediately downstream to the entry section (cross section within where 56 is indicating).
With respect to claim 8, Cameron discloses the spout further comprise an upwardly projecting annular stem (being the annular stem about 18, that of 12); and the exit of the passage is at an upper side of the stem (at the upper part of 12, at the end of 18).
With respect to claim 9, Cameron discloses the spout further comprises an upwardly projecting wall that is formed at least partially about the stem (the wall of 54’s threads about 12s threads).
With respect to claim 10, Cameron discloses the spout further comprises a peripheral rim (rim of 24) located at the upper side of the stem, the peripheral rim projecting laterally away from the stem (as 24 projects radially about that of 12, laterally away from the stems upper side).
Claim Rejections - 35 USC § 103
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 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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands in view of Ruskin (U.S. 5,052,625).
With respect to claim 11, Sands discloses the at least one rib, but fails to disclose the at least one rib comprises a deposit of thermoplastic material for assisting in heat bonding the spout to a pipe wall, upon undergoing at least partial melting at the rib prior to the attachment.
Ruskin discloses the at least one rib comprises a deposit (29) of thermoplastic material for assisting in heat bonding the spout to a pipe wall (abstract), upon undergoing at least partial melting at the rib prior to the attachment (column 7 row 55 though column 8 rows 30). Disclosing such a bond forms a water-tight seal around the entire outer boundary of the emitter.
It would have been obvious to one having ordering skill in the art before the effective filing date of the claimed invention to utilize the thermoplastic material and heat bonding of Ruskin into the system of Sands for affixing their emitter to a fluid conduit. Such a modification would still allow for a water-tight seal formed around the entire outer boundary of the emitter and maintain the emitter in its desired location with the conduit. It is understood that Sands discloses a threaded connection with a seal formed by 48, where the combination could be replacing the O-ring seal with a permanent seal, or replacing the threaded connecting elements with the now heat bonding attachment.
Response to Arguments/Amendments
The Amendment filed (12/22/2025) has been entered. Currently claims 1-41 are pending, claim 1 is amended, and claims 12-41 are withdrawn. Applicants’ amendments to the claims have failed to overcome each and every rejection previously set forth in the Office Action dated (10/09/2025).
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. Applicant argued that the Examiner agreed that the claims to claim 1 would overcome the prior art. This was not what was agreed to, as the Examiner indicated the proposed amendment would not overcome the prior art, but rather if it included that the spout is attached to pipe member “solely” by the spouts at least one rib, would overcome the prior art. Applicants amendments did overcome the 102 using Ruskin. See Examiner Interview Summary Record mailed on 12/15/2025 “Applicant proposed amendment "the at least one rib forming the lowermost surface of the spout, the at least one rib configured to abut an outer surface of a pipe member" was discussed. Examiner noted that it did not overcome the prior art. Further discussion about "the spout is attached to pipe member solely by the spout's at least one rib" was discussed and agreed to overcome most of the references.
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 JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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 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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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752