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 . Claims 1-4, 6-10, and 12-14 of the amended claim set received 3/05/2026 are pending.
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.
Claims 1-4, 6-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouchard (US 2023/0293921).
Regarding claims 1-4 and 6, Bouchard discloses in Fig. 3, a water curtain nozzle comprising:
a cylindrical body 22 having an open end (upper end of the body 22 as shown in the figure) configured for attachment to a fire hose (the open end is capable of being attached to a fire hose) and a closed end (lower end of the body 22 as shown in the figure) opposite the open end, the cylindrical body 22 extending between the open end and the closed end;
three rows of apertures 28 extending through the cylindrical body (the apertures 28 of the half the body 22 captured in Fig. 3), said three rows of apertures 28 disposed generally along half of a perimeter of the cylindrical body (Fig. 3 shows half of the cylindrical body 22 on which the defined one or more rows of apertures are disposed), wherein each row of apertures is staggered relative to the other rows of apertures (see Fig. 3), and said three rows of apertures being oriented to expel fluid from the cylindrical body perpendicular to a longitudinal axis X of the cylindrical body (as can be understood looking at Figs. 3 and 4);
wherein the cylindrical body 22 has uniform constant wall thickness (see Figs. 3 and 4);
wherein the apertures are uniform in diameter (see Figs. 3 and 4);
wherein the closed end (lower end of the body 22 as shown in the figure) is integral to the cylindrical body 22.
Regarding Claim 7, Bouchard discloses in Fig. 3, a water curtain nozzle comprising: a body 22; the body having a length extending from a first end (upper end of the body 22 as shown in the figure) to a second end (lower end of the body 22); the body having a circumference; the body having one or more holes 28 disposed generally along half of the circumference of the body (Fig. 3 shows half of the cylindrical body 22 on which the defined one or more rows of apertures are disposed);
wherein the one or more holes 28 are arranged in one or more rows (see figure);
wherein each row of holes 28 is staggered relative to the other rows of apertures (see Fig. 3),
wherein the first end (upper end) of the body 22 is configured to attach to a water source (the first end is open and capable of being attached to a water source, e.g. a hose);
wherein the second end (lower end) of the body 22 is closed such that when water is pumped into the body, the water is expelled through the one or more holes 28 creating a wall of water in a semicircle shape (the holes 28 captured in Fig. 3 will provide an outward flow of water in the same manner as those of the instant application).
Regarding Claim 8, Bouchard discloses wherein the body 22 has uniform constant wall thickness (see Figs. 3 and 4);
Regarding Claim 9, Bouchard discloses wherein the holes 28 are uniform in diameter (see Figs. 3 and 4).
Regarding Claim 10, Bouchard discloses wherein the second end (lower end of the body 22 as shown in each of Fig. 3) is integral to the body 22.
Regarding Claim 12, Bouchard discloses wherein the first end (upper end of the body 22 as shown in Fig. 3) of the body is configured to attach to an extension hose (the first end is open and capable of being attached to an extension hose).
Regarding Claim 13, Bouchard discloses in Fig. 3, wherein the body 22 is configured to attach to a base (the body 22 is capable of being attached to a base, e.g. the base 34 shown in the figure).
Regarding Claim 14, Bouchard discloses in Fig. 3, wherein the body is configured to attach to a base; the base comprising a first surface and a second surface and a length; wherein the first surface and the second surface meet at an angle; wherein a semicircular groove is located on the angle along the length of the base; wherein the water curtain nozzle is configured to fit within the semicircular groove (the water curtain nozzle/body 22 is capable of being attached within a base such as that 200 described by the claim and shown in the instant application Fig. 3 given the body’s 22 cylindrical shape). It is noted that the base is not claimed as a component of the water curtain nozzle.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-10, and 12-14 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.
It is noted that the Applicant asserts that the previously applied reference discloses more than three rows of apertures while claim 6 now explicitly recites “three rows of apertures”. This is not a convincing argument because a reference that discloses more than three rows would necessarily have the claimed three rows.
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.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached Notice of References Cited.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE D FORD whose telephone number is (571)272-8140. The examiner can normally be reached on M-F 9am-5pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D.F/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
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