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 .
The amendment filed 11/30/2025 has been entered.
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 23 is 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 23 is dependent upon canceled claim 22. It is suggested to be dependent upon claim 21.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 6, 21, 25-27 and 41 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Lemme (US 5598977).
With respect to claim 1, Lemme al disclose an rotary irrigation/spray sprinkler nozzle 10 for an irrigation system (see col.1, lines 11-24) comprising: a nozzle body 34; said nozzle body forming a first body portion 14; said first body portion generally cylindrical in shape forming a nozzle cavity 38 and at least one deflecting nozzle passage 22; each said deflecting nozzle passage extending from said nozzle cavity to an exterior surface of said first body portion; each said deflecting nozzle passage 22 includes a deflector surface located adjacent to said exterior surface of said first body portion (see Fig.1); the size and spatial orientation of each said deflector surface and the curvature and hydraulic diameter of each said deflecting nozzle passage upstream from each said deflector surface are configured such that water flowing from said nozzle cavity through each said deflecting nozzle passage impinges upon each said deflector surface and spreads tangentially to a desired magnitude while flowing radially outward from said first body portion on a desired trajectory (see Fig. 1) ; said nozzle body constructed as a unitary object (See Figs.1 & 3-4, col. 3, lines 42-67, col.4, lines 1-34)
With respect to claim 2, Lemme disclose said first body portion further forming at least one non-deflecting nozzle passage 20; each said non-deflecting nozzle passage extending from said nozzle cavity to said exterior surface of said first body portion; the spatial orientation, curvature, and hydraulic diameter of each said non-deflecting nozzle passage configured such that water flowing from said nozzle cavity through each said non-deflecting nozzle passage flows radially outward from said first body portion on a desired trajectory (see Figs. 1, 3 & 5, col.3 lines 19-66).
With respect to claims 5 and 6: Lemme disclose each said deflecting nozzle passage 22 is substantially geometrically continuous and said non-deflecting nozzle passage 20 is substantially geometrically continuous (see Figs. 1 & 3, col.3, lines 43-65).
With respect to claim 21, Lemme et al disclose a rotary irrigation/spray sprinkler nozzle 10 for an irrigation system (see col.1, lines 11-24) comprising: a nozzle body 34; said nozzle body forming a first body portion 14; said first body portion generally cylindrical in shape forming a nozzle cavity 38 and at least one non-deflecting nozzle passage 20; each said non-deflecting nozzle passage extending from said nozzle cavity to an exterior surface of said first body portion (see Fig. 1); the spatial orientation, curvature, and hydraulic diameter of each said non-deflecting nozzle passage configured such that water flowing from said nozzle cavity through each said non-deflecting nozzle passage flows radially outward from said first body portion on a desired trajectory (see Fig. 1); said nozzle body constructed as a unitary object (See Figs.1 & 3-4, col. 3, lines 42-67, col.4, lines 1-34).
With respect to claims 25 and 26: Lemme disclose each said deflecting nozzle passage 22 is substantially geometrically continuous and said non-deflecting nozzle passage 20 is substantially geometrically continuous (see Figs. 1 & 3, col.3, lines 43-65).
With respect to claim 27, Lemme disclose said nozzle body further forming a second body portion; said second body portion extending from said first body portion forming a filter cavity with a filer body forming a filter cavity 88 and a plurality of filter passages; each said filter passage extending from an exterior surface of said filter body to said filter cavity (see Figs. 3 & 5, col.5, lines 66- col.6, lines 1-6).
With respect to claim 41, Lemme disclose a rotary irrigation/spray sprinkler nozzle 10 for an irrigation system (see col.1, lines 11-24) comprising: a nozzle body 10; said nozzle body forming a first body portion; said first body portion generally cylindrical in shape forming a nozzle cavity and at least one deflecting nozzle passage 22; each said deflecting nozzle passage extending from said nozzle cavity to an exterior surface of said first body portion; each said deflecting nozzle passage includes a deflector surface located adjacent to said exterior surface of said first body portion; the size and spatial orientation of each said deflector surface and the curvature and hydraulic diameter of each said deflecting nozzle passage upstream from each said deflector surface are configured such that water flowing from said nozzle cavity through each said deflecting nozzle passage impinges upon each said deflector surface and spreads tangentially to a desired magnitude while flowing radially outward from said first body portion on a desired trajectory; said first body portion further forming at least one non-deflecting nozzle passage (See Figs.1 & 3-4, col. 3, lines 42-67, col.4, lines 1-34); each said non-deflecting nozzle passage 20 extending from said nozzle cavity to said exterior surface of said first body portion; the spatial orientation, curvature, and hydraulic diameter of each said non-deflecting nozzle passage configured such that water flowing from said nozzle cavity through each said non-deflecting nozzle passage flows radially outward from said first body portion on a desired trajectory; said deflecting nozzle passages and said non-deflecting nozzle passages configured such that irrigation within a desired irrigation pattern occurs and irrigation outside said desired irrigation pattern is minimized during operation of said irrigation nozzle; said nozzle body constructed as a unitary object using an additive manufacturing process. (See Figs.1 & 3-4, col. 3, lines 42-67, col.4, lines 1-34).
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.
Claims 3, 7, 20, 23 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Lemme (US 5598977).
With respect to claims 3, 7 and 23, Lemme et al disclose said nozzle body further forming a second body portion; said second body portion extending from said first body portion forming a filter cavity 86 with a filer body forming a filter cavity and a filter passage 88; said filter passage extending from an exterior surface of said filter body to said filter cavity; each said filter passage configured for directing flow of water from said exterior surface of said filter body to said filter cavity; said first body portion and said filter body configured for removable engagement such that water can flow between said filter cavity 86 and said nozzle cavity 90 (see Figs. 3 & 5, col.5, lines 66- col.6, lines 1-6).
Although Lemme et al fails to specifically disclose said filter passage is plural, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide a plurality of filter passages in order to efficiently sprinkle/spread water without clogging the passages by small rock or sand particles.
With respect to claims 20 and 40, although Lemme does not disclose or fairly suggest said nozzle body is constructed using an additive manufacturing process, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilize 3-D printer type device in order to precisely construct the nozzle body as designed for the use of irrigation.
With respect to claim 23 as understood, Lemme disclose a filter body 18 forming a filter cavity and a plurality of filter passages 88; each said filter passage extending from an exterior surface of said filter body to said filter cavity; each said filter passage configured for directing flow of water from said exterior surface of said filter body to said filter cavity; said first body portion and said filter body configured for removable engagement such that water can flow between said filter cavity and said nozzle cavity (see Figs. 3 & 5, col.5, lines 66- col.6, lines 1-6).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-41 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jong-Suk (James) Lee whose telephone number is (571) 272-7044. The examiner can normally be reached Monday thru Thursday 6AM- 4PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875