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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-12 in the reply filed on 9/26/2025 is acknowledged.
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) 1, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2013138878.
As to claim 1, WO 878 discloses an irrigation device comprising:
A first collapsible tube having a first wall configured in size and shape to carry water for irrigation
A second collapsible tube with second tubular wall for irrigation
Wherein the first and second tube are fixedly coupled (translation, claim 2).
As to claim 6, the first tube comprises first outlet holes to irrigate and the second tube having plurality of second holes.
As to claim 7, the second plurality of holes can be controlled to prevent irrigating along a major portion to the first outlet.
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) 2-5 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2013138878.
As to claims 2 and 3, WO ‘878 is silent to the materials of first and second collapsible tube. However, it would have been obvious to select any material that is collapsible depending on the area and usage and how much wear and tear is involved.
As to claims 4 and 5, WO ‘878 fails to teach the distance of coupling between the first and second tube. However, it would have been obvious to one of ordinary skill in the art to couple at the claimed distance, since it depends on where the spacing would allow mobility and security of the tubes.
As to claims 8-12, WO ‘878 fails to teach the types of coupling as claimed. However, there are many obvious types of coupling two tubes, since it depends on the design choice and how secured these tubes should be put together.
Inquiry
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/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763