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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9-12 and 23-27 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 9 recites the limitation "a respective one of a pair of linkages a length of which can be adjusted to provide at least two adjustment positions" in line 9. It appears to be idiomatically and/or grammatically incorrect. Specifically, it is unclear what is “a pair of linkages a length of…” Same rejection applies to claim 23.
The term “substantially” in claim 10 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The maximum acceptable deviation in height needed to meet the claim limitation is not known.
Claim 12 recites the limitation "the pair of the linkages" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 2, 5, 8-12, 17 and 21-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blair (US 3,448,927).
With respect to claim 1, Blair discloses an apparatus (Figs 1-6, especially the embodiment shown in Fig. 6) for irrigation comprising:
a pipe (11-13) for (capable of) carrying irrigation water and arranged to extend along an area (covered by 26) to be irrigated;
a plurality of support carriages (17 and associated elements shown in Fig. 6) at spaced positions along a length of the pipe arranged to (capable of) carry the pipe forwardly in a (rightward) direction of travel transverse to its length;
a plurality of water spray dispensing arrangements (14 on 12 and 13; and 51 and associated elements shown in Figs. 1-6) spaced along the length of the pipe so that each dispensing arrangement acts to deposit a water spray of the irrigation water on the ground in a spray pattern at a respective one of a plurality of spray positions along the length of the pipe;
each dispensing arrangement comprising;
a first nozzle (of 51) and a second nozzle (14 on 12) where the first and second nozzles are arranged one in advance of the other as the pipe moves in the direction of travel;
a first support arm (15 and 18 connecting 13) attached to the pipe at one end of the first support arm and extending forwardly (rightward) from the pipe so as to carry the first nozzle at an opposed (rightward) end of the first support arm;
the first nozzle thus being carried by the first support arm in advance of the pipe;
a second support arm (15 and 18 connecting 12) attached to the pipe at one end of the second support arm and extending rearwardly (leftward) from the pipe so as to carry the second nozzle at an opposed (leftward) end of the second support arm;
the second nozzle thus being carried by the second support arm rearwardly of the pipe;
so that the first nozzle dispenses the irrigation water (indirectly vie 50 and 53) onto the ground in advance of the pipe and in advance of the second nozzle as the pipe moves forwardly in the direction of travel;
each of the first and second nozzles of each of the dispensing arrangements being adjustable to vary a rate (via 43, 52 and the supply main) of the irrigation water dispensed thereby;
the first and second nozzles having the rate of irrigation water dispensed thereby adjusted so as to dispense together a required (desired or measured) amount of the irrigation water at a portion of the ground aligned with the respective spray position along the pipe;
the first and second nozzles having the rate of irrigation water dispensed thereby adjusted such that the first nozzle dispenses a greater rate of the irrigation water than the second (14 of 12 is not dispensing while 51 is filling up buckets 50).
With respect to claim 2, Blair discloses wherein each of the first and second support arms is tubular so as to provide a conduit for the irrigation water from the pipe to the respective one of the first and second nozzles (Figs 1-6).
With respect to claim 5, Blair discloses wherein each of the first and second support arms is pivotal around a longitudinal axis of the pipe so as to adjust a height of the respective one of the first and second nozzles relative to the pipe (side pipe which receives the water therefore becomes heavier and tilts downwards as shown in FIGURE 5. Col. 3, lines 8-10).
With respect to claim 8, Blair discloses wherein each of the first and second support arms is supported by a respective one of a pair of wires (32, 33 and 16) each of which extends from a position adjacent the pipe to provide support for the respective one of the first and second support arms in at least two adjustment (downward and upward) positions of the height of the first and second nozzles (This mast may be swung to either position as desired. Col. 2, lines 49-50).
With respect to claim 9, Blair discloses wherein each of the first and second support arms is cantilevered from the pipe and is supported by a respective one of a pair of linkages (32, 33 and 16) a length of which can be adjusted to provide at least two adjustment (downward and upward) positions of the height of the respective one of the first and second nozzles (This mast may be swung to either position as desired. Col. 2, lines 49-50).
With respect to claim 10, Blair discloses wherein the at least two adjustment positions include a high position where the respective one of the first and second nozzles is located substantially at the same height as the pipe (Figs 1-6).
With respect to claim 11, Blair discloses wherein each of the pair of the linkages is manually actuated to flip between said at least two adjustment positions (Figs 1-6).
With respect to claim 12, Blair discloses wherein each of the pair of the linkages includes an over-center link (32 and 33 in positions 34) which can be manually actuated to flip between said at least two adjustment positions (Figs 1-6).
With respect to claim 17, Blair discloses an apparatus (Figs 1-6, especially the embodiment shown in Fig. 6) for irrigation comprising:
a pipe (11-13) for (capable of) carrying irrigation water and arranged to extend along an area (covered by 26) to be irrigated;
a plurality of support carriages (17 and associated elements shown in Fig. 6) at spaced positions along a length of the pipe arranged to (capable of) carry the pipe forwardly in a (rightward) direction of travel transverse to its length;
a plurality of water spray dispensing arrangements (14 on 12 and 13; and 51 and associated elements shown in Figs. 1-6) spaced along the length of the pipe so that each dispensing arrangement acts to deposit a water spray of the irrigation water on the ground in a spray pattern at a respective one of a plurality of spray positions along the length of the pipe;
each dispensing arrangement comprising;
a first nozzle (of 51) and a second nozzle (14 on 12) where the first and second nozzles are arranged one in advance of the other as the pipe moves in the direction of travel;
a first support arm (15 and 18 connecting 13) attached to the pipe at one end of the first support arm and extending forwardly (rightward) from the pipe so as to carry the first nozzle at an opposed (rightward) end of the first support arm;
the first nozzle thus being carried by the first support arm in advance of the pipe;
a second support arm (15 and 18 connecting 12) attached to the pipe at one end of the second support arm and extending rearwardly (leftward) from the pipe so as to carry the second nozzle at an opposed (leftward) end of the second support arm;
the second nozzle thus being carried by the second support arm rearwardly of the pipe;
so that the first nozzle dispenses the irrigation water (indirectly vie 50 and 53) onto the ground in advance of the pipe and in advance of the second nozzle as the pipe moves forwardly in the direction of travel;
wherein each of the first and second support arms is pivotal around a longitudinal axis of the pipe so as to adjust a height of the respective one of the first and second nozzles relative to the pipe (side pipe which receives the water therefore becomes heavier and tilts downwards as shown in FIGURE 5. Col. 3, lines 8-10).
With respect to claim 21, Blair discloses wherein each of the first and second support arms is tubular so as to provide a conduit for the irrigation water from the pipe to the respective one of the first and second nozzles (Figs 1-6).
With respect to claim 22, Blair discloses wherein each of the first and second support arms is supported by a respective one of a pair of wires (32, 33 and 16) each of which extends from a position adjacent the pipe to provide support for the respective one of the first and second support arms in at least two adjustment (downward and upward) positions of the height of the first and second nozzles (This mast may be swung to either position as desired. Col. 2, lines 49-50).
With respect to claim 23, Blair discloses an apparatus (Figs 1-6, especially the embodiment shown in Fig. 6) for irrigation comprising:
a pipe (11-13) for (capable of) carrying irrigation water and arranged to extend along an area (covered by 26) to be irrigated;
a plurality of support carriages (17 and associated elements shown in Fig. 6) at spaced positions along a length of the pipe arranged to (capable of) carry the pipe forwardly in a (rightward) direction of travel transverse to its length;
a plurality of water spray dispensing arrangements (14 on 12 and 13; and 51 and associated elements shown in Figs. 1-6) spaced along the length of the pipe so that each dispensing arrangement acts to deposit a water spray of the irrigation water on the ground in a spray pattern at a respective one of a plurality of spray positions along the length of the pipe;
each dispensing arrangement comprising;
a first nozzle (of 51) and a second nozzle (14 on 12) where the first and second nozzles are arranged one in advance of the other as the pipe moves in the direction of travel;
a first support arm (15 and 18 connecting 13) attached to the pipe at one end of the first support arm and extending forwardly (rightward) from the pipe so as to carry the first nozzle at an opposed (rightward) end of the first support arm;
the first nozzle thus being carried by the first support arm in advance of the pipe;
a second support arm (15 and 18 connecting 12) attached to the pipe at one end of the second support arm and extending rearwardly (leftward) from the pipe so as to carry the second nozzle at an opposed (leftward) end of the second support arm;
the second nozzle thus being carried by the second support arm rearwardly of the pipe;
so that the first nozzle dispenses the irrigation water (indirectly vie 50 and 53) onto the ground in advance of the pipe and in advance of the second nozzle as the pipe moves forwardly in the direction of travel;
wherein each of the first and second support arms is cantilevered from the pipe;
wherein each of the first and second support arms is pivotal around a longitudinal axis of the pipe so as to adjust a height of the respective one of the first and second nozzles relative to the pipe (side pipe which receives the water therefore becomes heavier and tilts downwards as shown in FIGURE 5. Col. 3, lines 8-10);
and wherein each of the first and second support arms is supported by a respective one of a pair of linkages (32, 33 and 16) a length of which can be adjusted to provide at least two adjustment (downward and upward) positions of the height of the respective one of the first and second nozzles (This mast may be swung to either position as desired. Col. 2, lines 49-50).
With respect to claim 24, Blair discloses wherein each of the pair of the linkages is manually actuated to flip between said at least two adjustment positions (Figs 1-6).
With respect to claim 25, Blair discloses wherein each of the pair of the linkages includes an over-center link (32 and 33 in positions 34) which can be manually actuated to flip between said at least two adjustment positions (Figs 1-6).
With respect to claim 26, Blair discloses wherein each of the first and second support arms is tubular so as to provide a conduit for the irrigation water from the pipe to the respective one of the first and second nozzles Figs 1-6).
With respect to claim 27, Blair discloses wherein each of the first and second support arms is supported by a respective one of a pair of wires (32, 33 and 16) each of which extends from a position adjacent the pipe to provide support for the respective one of the first and second support arms in at least two adjustment (downward and upward) positions of the height of the first and second nozzles (This mast may be swung to either position as desired. Col. 2, lines 49-50).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blair.
With respect to claim 14, Blair discloses an apparatus according to claim 1, Blair discloses wherein each of the first and second nozzles of each of the dispensing arrangements is adjustable to vary a rate of the irrigation water dispensed.
Blair fails to specifically disclose thereby first and second nozzles are adjusted such that the second nozzle dispenses onto the ground a rate of the irrigation water where the ratio of the rate of the first nozzle to the second nozzle lies in the range 60/40 up to 80/20.
However, 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 first and second nozzles adjusted such that the second nozzle dispenses onto the ground a rate of the irrigation water where the ratio of the rate of the first nozzle to the second nozzle lies in the range 60/40 up to 80/20, since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to claim(s) September 8, 2025 have been considered but are moot because the new ground of rejection does not rely on the reference or combination of references 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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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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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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 October 11, 2025