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 submission filed on 9 January 2026 has been entered. Claims 1-5 and 8-20 remain pending in the application. Applicant's amendments to the Claims have overcome each and every rejection previously set forth in the Non-Final Office Action dated 21 October 2025; however, upon further consideration new rejections are set forth as explained below.
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 1-3, 8-11, 13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Polan (US 2013/0319696).
Regarding claim 1, Polan teaches a sprinkler (100), comprising:
a fitting (30) comprising,
a fitting body (30) that comprises an inlet (21) that connects with at least one pipe (par. 16), an opening (12) and a chamber (fig. 2 – space in which element 11 is disposed), the opening between the inlet and the chamber (fig. 2);
an element (11) in the chamber (fig. 2), the element on an axis through the inlet, the opening, and the chamber (fig. 2), the element to break based on receipt of at least one of a mechanical force, electrical energy, and heat (par. 27);
a seal (13) on the axis and between the chamber and the opening (fig. 2), the seal has a closed state in which the element is engaged with the seal such that the seal seals the opening (fig. 2) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the chamber and the opening (par. 42);
at least one tube (3) connected with the fitting (fig. 1), the at least one tube is flexible (par. 13);
a fluid distribution device (2) connected with the at least one tube (fig. 1), the at least one tube between the seal and the fluid distribution device (fig. 1); and
an actuator (5/53/56) coupled with the fitting (fig. 1), the actuator to receive a detection signal indicative of a trigger condition (par. 40 – “a temperature rise above a predetermined limit associated with the bulb 56 will cause the bulb 56 to rupture”); and cause the element to break (par. 41) to cause the seal to change from the closed state to the open state to allow the fluid flow through the opening responsive to receipt of the detection signal (par. 42).
Regarding claim 2, Polan teaches the sprinkler described regarding claim 1, and further comprising a biasing element (8a/8b) coupled with the fitting (fig. 2), the biasing element applies a force against the seal to hold the seal in the closed state (par. 21, 23).
Regarding claim 3, Polan teaches the sprinkler described regarding claim 1, and further wherein the at least one tube includes a flexible hose (par. 15).
Regarding claim 8, Polan teaches the sprinkler described regarding claim 1, and further comprising: the fluid distribution device includes at least one of a sprinkler (42) and a nozzle.
Regarding claim 9, Polan teaches the sprinkler described regarding claim 1, and further comprising: the fluid distribution device is open between an inlet and an outlet (par. 40 – in the activated position).
Regarding claim 10, Polan teaches the sprinkler described regarding claim 1, and further comprising: the fitting includes a fitting body (30) that defines the chamber around the seal (fig. 2) and a fitting adapter (41/6) outward from the fitting body (fig. 1, 2), the fitting adapter connects with the at least one tube (fig. 1).
Regarding claim 11, Polan teaches the sprinkler described regarding claim 1, and comprising: the at least one tube has at least one of air and nitrogen while the seal is in the closed state (par. 3).
Regarding claim 13, Polan teaches a sprinkler system (100), comprising:
a fitting that a fitting body (30) that comprises an inlet (21) that connects with at least one pipe (par. 16), the fitting body defines an opening (12) and a chamber in an interior of the fitting body (fig. 2 – space in which element 11 is disposed), the opening between the inlet and the chamber (fig. 2),
the fitting comprises an element (11) in the chamber (fig. 2), the element on an axis through the inlet, the opening, and the chamber (fig. 2), the element to break based on receipt of at least one of a mechanical force, electrical energy, and heat (par. 27),
the fitting includes a seal (13) on the axis and between the chamber and the opening (fig. 2), the seal has a closed state in which the element is in contact with the seal such that the seal seals the opening (fig. 2) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the chamber and the opening (par. 42);
at least one tube (3) that connects with the fitting (fig. 1), the at least one tube is flexible (par. 13);
at least one fluid distribution device (2) connects with the at least one tube (fig. 1), the at least one tube between the seal and the fluid distribution device (fig. 1);
a detector (56) that monitors at least one parameter of an environment around the fitting (par. 40) and outputs a detection signal responsive to the at least one parameter satisfying a trigger condition (par. 42 – “axial support for the inlet sealing cap assembly 13 is removed”); and
an actuator (5/10/53) that receives the detection signal and causes the element to break to cause the seal to change from the closed state to the open state to allow the fluid flow through the opening responsive to receipt of the detection signal (par. 42).
Regarding claim 15, Polan teaches the sprinkler system described regarding claim 13, and further comprising: the detector comprises a temperature sensor (par. 42 - a temperature rise above a predetermined limit associated with the bulb 56).
Regarding claim 17, Polan teaches the sprinkler described regarding claim 13, and further that the at least one tube includes a flexible hose (par. 15).
Regarding claim 18, Polan teaches the sprinkler system described regarding claim 13, and further comprising: the at least one fluid distribution device includes at least one of a sprinkler (42) and a nozzle that is open between an inlet and an outlet.
Regarding claim 19, Polan teaches the sprinkler system described regarding claim 13, and further comprising: the at least one tube has at least one of air and nitrogen while the seal is in the closed state (par. 3).
Regarding claim 20, Polan teaches the sprinkler system described regarding claim 13, and further that the at least one tube includes a rigid portion (4/6) having a stiffness greater than a threshold stiffness (figs. 1, 2 – inherent, these elements are rigid), and a flexible portion (3) having a stiffness less than the threshold stiffness (par. 15 – this element is flexible).
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Polan in view of Magnone et al. (US 2017/0120090).
Regarding claim 4, Polan discloses the sprinkler described regarding claim 1, but not further wherein the seal includes a hinge that is pivotably coupled with an end wall of the fitting that defines the opening; and the actuator is coupled with a piston that applies a force to hold the hinge against the end wall, the actuator causes the piston to retract responsive to receipt of the detection signal to allow the hinge to pivot to allow the fluid flow through the opening.
Magnone teaches a sprinkler (810) comprising a seal (830) that has a closed state in which the seal seals the opening (fig. 18 – shown with solid lines) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the opening (fig. 18 – shown with greyed lines), the seal including a hinge (825) that is pivotably coupled with an end wall of the fitting that defines the opening (fig. 18); and the actuator is coupled with a piston (842) that applies a force to hold the hinge against the end wall (fig. 18), the actuator causes the piston to retract responsive to receiving the detection signal to allow the hinge to pivot to allow the fluid flow through the opening (par. 157, 158).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprinkler of Polan to use the seal having a hinge that is pivotably coupled with an end wall of the fitting that defines the opening; and the actuator is coupled with a piston that applies a force to hold the hinge against the end wall, the actuator causes the piston to retract responsive to receipt of the detection signal to allow the hinge to pivot to allow the fluid flow through the opening, as taught by Magnone, since such a sealing arrangement can be returned to the closed state after being actuated.
Regarding claim 5, Polan discloses the sprinkler described regarding claim 1, but not further comprising: a hinge that extends from a frame arm of the fitting towards the opening to apply a force against the seal; and a piston coupled with the actuator that faces the hinge, the actuator causes the piston to move the hinge responsive to receipt of the detection signal to move the hinge away from the seal.
Magnone teaches a sprinkler (810, see fig. 18B) comprising a seal (830) that has a closed state in which the seal seals the opening (fig. 18 – shown with solid lines) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the opening (fig. 18 – shown with greyed lines), the seal including a hinge (825’) that extends from a frame arm (812a) of the fitting towards the opening (fig. 18B) to apply a force against the seal; and a piston (842) coupled with the actuator that faces the hinge (fig. 18B), the actuator causes the piston to move the hinge responsive to receiving the detection signal to move the hinge away from the seal (par. 160; fig. 18B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprinkler of Polan to use the seal having a hinge that extends from a frame arm of the fitting towards the opening to apply a force against the seal; and a piston coupled with the actuator that faces the hinge, the actuator causes the piston to move the hinge responsive to receipt of the detection signal to move the hinge away from the seal, as taught by Magnone, since such a sealing arrangement can be returned to the closed state after being actuated.
Claims 12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Polan in view of Cutting et al. (US 10,213,636).
Regarding claim 12, Polan discloses the sprinkler described regarding claim 1, and comprising the element comprises a thermal element (par. 22) in contact with the seal (fig. 2). But Polan does not disclose that the thermal element comprises electrical traces that receive an electrical signal corresponding to the detection signal and breaks responsive to heating by the electrical signal to change the seal from the closed state to the open state.
Cutting discloses a sprinkler (col. 1, ln. 20-22), comprising:
a fitting (10) that connects with at least one pipe (col. 4, ln. 5-6), the fitting defines an opening (figs. 2A, 2B – opening of 15) and a chamber (46), the fitting comprises an element (68), the element to break based on receipt of at least one of a mechanical force, electrical energy, and heat (col. 7, ln. 41-46);
a seal (30) between the chamber and the opening (fig. 2A), the seal has a closed state in which the element is engaged with the seal such that the seal seals the opening (fig. 2A) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the chamber and the opening (fig. 2B);
at least one tube connected with the fitting downstream from the at least one pipe (col. 6, ln. 29-32; fig. 2A);
a fluid distribution device connected with the at least one tube (col. 3, ln. 54-56), the at least one tube between the seal and the fluid distribution device (col. 6, ln. 29-32); and
an actuator (200) coupled with the fitting (fig. 4), the actuator to receive a detection signal indicative of a trigger condition; and cause the element to break to cause the seal to change from the closed state to the open state to allow the fluid flow through the opening responsive to receipt of the detection signal (col. 8, ln. 63-67); and,
wherein the element comprises a thermal element in contact with the seal, the thermal element (68) comprises electrical traces that receive an electrical signal corresponding to the detection signal and breaks responsive to heating by the electrical signal to change the seal from the closed state to the open state (col. 8, ln. 59—col. 9, ln. 3 – when the detector senses “heating” it sends an electrical signal to the actuator and the actuator breaks the element 68).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprinkler of Polan such that the thermal element comprises electrical traces that receive an electrical signal corresponding to the detection signal and breaks responsive to heating by the electrical signal to change the seal from the closed state to the open state, as taught by Cutting. This was known to allow manual activation of the sprinkler remotely and from a centralized monitoring location (Cutting: col. 8, ln. 67—col. 9, ln. 3).
Regarding claim 14, Polan discloses the sprinkler system described regarding claim 13, but not further comprising: a fire control panel that outputs an alert responsive to the detector detecting the trigger condition.
Cutting discloses a sprinkler system (col. 1, ln. 20-22), comprising:
a fitting (10) that connects with at least one pipe (col. 4, ln. 5-6), the fitting defines an opening (figs. 2A, 2B – opening of 15) and a chamber (46), the fitting comprises an element (68), the element to break based on receipt of at least one of a mechanical force, electrical energy, and heat (col. 7, ln. 41-46), the fitting includes a seal (30) between the chamber and the opening (fig. 2A), the seal has a closed state in which the element is in contact with the seal such that the seal seals the opening (fig. 2A) and an open state in which the seal does not seal the opening to allow fluid flow from the at least one pipe through the chamber and the opening (fig. 2B);
at least one tube (16a) that connects with the fitting (col. 6, ln. 29-32; fig. 2A);
at least one fluid distribution device connects with the at least one tube (col. 3, ln. 54-56), the at least one tube between the seal and the fluid distribution device (col. 6, ln. 29-32);
a detector (206) that monitors at least one parameter of an environment around the fitting (col. 9, ln. 2-3) and outputs a detection signal responsive to the at least one parameter satisfying a trigger condition (col. 8, ln. 63—col. 9, ln. 3); and
an actuator (200) that receives the detection signal and causes the element to break to cause the seal to change from the closed state to the open state to allow the fluid flow through the opening responsive to receipt of the detection signal (col. 8, ln. 63-67), and
further comprising: a fire control panel (202) that outputs an alert responsive to the detector detecting the trigger condition (col. 8, ln. 63—col. 9, ln. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprinkler of Polan to further comprise a fire control panel that outputs an alert responsive to the detector detecting the trigger condition, as taught by Cutting. This was known to allow manual activation of the sprinkler remotely and from a centralized monitoring location (Cutting: col. 8, ln. 67—col. 9, ln. 3).
Regarding claim 16, Polan discloses the sprinkler system described regarding claim 13, but not further comprising: the detector is spaced from the at least one fluid distribution device and outputs the detection signal as an electrical signal using a wired electrical connection with the actuator.
Cutting discloses the sprinkler system described regarding claim 14, and further comprising: the detector is spaced from the at least one fluid distribution device (fig. 4) and outputs the detection signal as an electrical signal using a wired electrical connection with the actuator (col. 8, ln. 63—col. 9, ln. 3; fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprinkler of Polan such that the detector is spaced from the at least one fluid distribution device and outputs the detection signal as an electrical signal using a wired electrical connection with the actuator, as taught by Cutting. This was known to allow manual activation of the sprinkler remotely and from a centralized monitoring location (Cutting: col. 8, ln. 67—col. 9, ln. 3).
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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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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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752