7DETAILED 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 13, 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The indicated allowability of claims 31-34 is withdrawn in view of the newly discovered reference(s) to McLennan et al. (5,169,177). Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 102
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) 21, 24, 26, 29, 31-34, 36 and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McLennan et al. (5,169,177).
McLennan et al. disclose a fire sprinkler attachment configured to fit over a pipe outlet (outlet of pipe; col. 3, l. 48) and to connect to a fire sprinkler 38, comprising:
a connecting member 10 comprising an internal member 14, 16, 18 a sealing member 20, wherein said connecting member is configured to receive a sprinkler threaded portion (upstream threaded connecting end of sprinkler 38) of said fire sprinkler, and wherein said connecting member further comprises flanges 24, 22;
a U-shaped member 26 encompassed by said flanges, wherein said U-shaped member is configured to receive a sprinkler pipe having said pipe outlet;
locking units (loops 28 and eyelet 30) configured to fasten said U-shaped member around and hold said sprinkler pipe and said pipe outlet;
wherein said sealing member positions between said internal member and said pipe outlet forming a watertight seal between said internal member and said pipe outlet;
wherein said U-shaped member comprises second threaded portions (portions of threads of bolt 36) at distal ends (diametrically opposed ends of threaded shaft of bolt 36) thereof;
wherein said internal member is configured to fit over an outside diameter of said pipe outlet;
wherein said fire sprinkler attachment is adapted (only requires the capability to perform) to accommodate said fire sprinkler with varying size of said sprinkler threaded portion (sprinkler 38 can have varying size of open in the threaded portion);
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.
Claim(s) 25 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over McLennan et al. (5,169,177) in view of Hunsberger (2011/0290508) or Griess (4,791,414).
Regarding claims 25 and 38, McLennan et al. disclose the limitations of the claimed invention with the exception of the locking units comprising nuts. McLennan et al. utilize loops 28, an eyelet 30, a hinge post 22 and a bolt 36. Hunsberger teaches U-bolts 20 and nuts 22 to attach plate 12 to pipe 34. Griess teaches a U-bolt 30, nuts 31/32, a seal 34 and a saddle 33 to mount an electrical assembly 11 to a pipe 14. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have replaced the U-shaped member and locking units of McLennan et al. with the U-shaped member and locking units of Hunsberger or Griess to improve adjustability.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over McLennan et al. (5,169,177) in view of Hunsberger (2011/0290508).
McLennan et al. disclose the limitations of the claimed invention with the exception of the sealing member being made of silicone or rubber. Silicone and rubber are well known materials for making gaskets. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the gasket of McLennan et al. from silicone or rubber to reduce cost by utilizing known materials.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-27, 29 and 36-39 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.
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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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK