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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 (of claims and arguments) filed on April 8, 2026 has been entered.
One page of specification and one page of drawing (Fig. 10) were received on April 8, 2026. The specification and the drawing are NOT acceptable because the newly amended features are not disclosed in the original disclosure. Furthermore, the "deflector surface 228 includes a convex rounded deflector surface having a continuous radius of curvature across an entirety of the deflector surface 228" is not shown in the amended Fig. 10 because peripheral area of the deflector surface 228 seems linear and not having a continuous radius of curvature. Furthermore, Fig. 10 is a non-elected Species of the invention. See Election/Restrictions section below.
Election/Restrictions
Claims 5-7, 11, 15-17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 15, 2025.
Applicant's election with traverse of Species II in the reply filed on July 15, 2025 is acknowledged. The traversal is on the ground(s) that the search and examination of the entire application could be made without serious burden. This is not found persuasive because the species are independent or distinct because claims to the different species recite the mutually exclusive characteristics of such species. In addition, these species are not obvious variants of each other based on the current record. Furthermore, the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; and the species or groupings of patentably indistinct species have acquired a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the convex rounded deflector surface having a continuous radius of curvature across an entirety of the deflector surface that is impacted by a water stream as recited in claims 12 and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 10 is objected to because of the following informalities: “the deflector grooves” in lines 2 and 3 should read -- the plurality of deflector grooves.-- Appropriate correction is required. Same objection applies to claim 14.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12-14 and 18-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The disclosure, as originally filed, does not disclose that deflector plate comprising a convex rounded deflector surface having a continuous radius of curvature across an entirety of the deflector surface that is impacted by a water stream as recited in claims 12 and 19. In fact, the terms “convex rounded deflector” is not specifically disclose in the original disclosure. Paragraph [0018] discloses “In some embodiments, the deflector surface may include a rounded convex surface.” However, it is unclear if the “deflector surface” fully equates to the “convex rounded deflector (a deflector is more than just a surface of a deflector)” because the terms “convex rounded deflector” were never disclosed in the original disclosure. Furthermore, the feature of “continuous radius of curvature across an entirety of the deflector surface” is not disclosed in the specification and shown in the drawing. Clarification is respectful requested.
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) 1-4, 8-10, 12-14 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bentley et al. (US 20150102127. Bentley hereinafter).
With respect to claim 1, Bentley discloses a deflector plate (230. Figs. 1-12) for a sprinkler assembly (200), the deflector plate comprising: a central opening (246. Fig. 9) with a plurality of notches (six triangular notches near 246) extending radially outward (from X axis); a flat planar deflector surface (six lower flat tip end near 246. See Fig. 8 with additional annotations below) positioned adjacent the central opening, the deflector surface being free of slope or curvature and free of additional diverting structure; and a plurality of deflector grooves (232) extending radially outward from the flat deflector surface and in communication with the plurality of notches.
With respect to claim 2, Bentley discloses the deflector plate according to claim 1, wherein the notches are arrayed circumferentially about the central opening, and wherein side walls of adjacent ones of the notches meet at a point to define an inward-facing edge (that defines 214).
With respect to claim 3, Bentley discloses the deflector plate according to claim 2, wherein radially outermost walls of the notches extend farther outward than an outermost periphery of the flat deflector surface (Figs. 7 and 8).
With respect to claim 4, Bentley discloses the deflector plate according to claim 1, wherein the plurality of deflector grooves are configured to (capable of) create rotational torque (as a rotatable impeller. Abstract) on the deflector plate when water is deflected into the plurality of deflector grooves by the flat deflector surface.
With respect to claim 8, Bentley discloses wherein the (the combined six lower tip end near 246 having the form of a circle. https://www.merriam-webster.com/dictionary/circular) flat deflector surface is circular (Fig. 8).
With respect to claim 9, Bentley discloses wherein the notches are spaced from the flat deflector surface (Fig. 8).
With respect to claim 10, Bentley discloses wherein the central opening and the deflector grooves are configured such that a water stream flowing through the central opening and impacting the flat deflector surface is deflected outward into the deflector grooves (Fig. 3 and “flows of liquid (shown with arrows F).” [0037]).
With respect to claim 12, Bentley discloses a deflector plate (200. Figs. 1-12) comprising: (1) a flat planar deflector surface free of slope or curvature (six lower flat tip end near 246. See Fig. 8 with additional annotations below), wherein the flat planar deflector surface or the convex rounded deflector surface is disposed at (near) a center of the deflector plate and is free of additional diverting structure; and a plurality of deflector grooves (232) extending radially outward from the deflector surface, wherein the deflector surface is configured to deflect the water stream outward into the plurality of deflector grooves (Fig. 3 and “flows of liquid (shown with arrows F).” [0037]).
With respect to claim 13, Bentley discloses wherein the deflector surface comprises a flat (six lower tip end near 246. Fig. 8) surface.
With respect to claim 14, Bentley discloses the deflector plate according to claim 13, comprising a radiused area (near 316. Fig. 12) in each of the plurality of deflector grooves at radial outermost edges of the deflector surface.
With respect to claim 18, Bentley discloses wherein the deflector surface and the plurality of deflector grooves are disposed on a nozzle-facing (upward) side of the deflector plate.
With respect to claim 19, Bentley discloses a sprinkler (Figs. 1-12) comprising: a base unit (holder of 150 and 210. Figs. 2, 7 and 8) coupleable with a source of water under pressure (108. [0028]); a nozzle (200) disposed in the base unit; and a deflector plate (230) coupled with the base unit and disposed facing the nozzle, the deflector plate including: a flat planar deflector surface free of slope or curvature (six lower flat tip end near 246. See Fig. 8 with additional annotations below), wherein the flat planar deflector surface or the convex rounded deflector surface is disposed at (near) a center of the deflector plate and is free of additional diverting structure, and a plurality of deflector grooves (232) extending radially outward from the deflector surface, wherein the deflector surface is configured to (capable of) deflect water outward into the plurality of deflector grooves (Fig. 3 and “flows of liquid (shown with arrows F).” [0037]).
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Response to Arguments
Applicant's arguments filed on April 8, 2026 have been fully considered but they are not persuasive. With respect to the drawing objection, the Applicant argues that Fig. 10 discloses the claim limitation. Fig. 10 is a non-elected Species of the invention. See Election/Restrictions section above.
The applicant argues that Bentley fails to disclose a flat planar deflector surface free of slope or curvature and is free of additional diverting structure. The applicant’s argument has been considered but is moot due to the new and clarified interpretation of the Bentley reference. The flat planar deflector surface is now being interpreted as the six lower flat tip end near 246 shown in Fig. 8 with additional annotations above (see new rejection above). The six small vertical walls at the outer ends of the six lower flat tip end are not part of the “flat planar deflector surface.”
Conclusion
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 May 30, 2026
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