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 .
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.
Claims 1-9 and 14-15 are 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 1 puts forth the limitation “the outer thread” in line 7. The limitation is introduced by the limitation “at least one outer thread.” It is unclear whether Applicant intends for the top portion to interact with only one outer thread or at least one outer thread, which specifies that the thread may interact with more than one outer thread.
Claim 6 puts forth the limitation “the at least one receiving slot” in line 2. The limitation is introduced by the limitation “a receiving slot.” It is unclear whether Applicant intends for inclusion of a receiving slot or “at least one receiving slot,” which includes more than one receiving slot.
Claim 8 recites the limitation "the shaped slot" and “the shaped finger” and “the upper nozzle” in lines 1-2. There is insufficient antecedent basis for these limitations in the claim.
Claim 14 puts forth the limitation “the receiving slot” in line 2. The limitation is introduced by the limitation “at least one receiving slot.” It is unclear whether Applicant intends for inclusion of a receiving slot or “at least one receiving slot,” which includes more than one receiving slot.
Claim 16 recites the limitation "the shape" and “the upper nozzle” in lines 1-2. There is insufficient antecedent basis for these limitations in the claim.
The remaining claims are rejected due to dependency from rejected claims.
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) 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kah (US 2015/0028128) in view of Lawson (US 5,222,669).
Regarding claim 1, Kah discloses an adjustable rotary nozzle assembly comprises:
a drive element (130) including at least one outer thread (55);
an upper valve element (131) mounted in the drive element (Figure 2C);
a base (100) including a top portion with an inner thread (The top portion has inner threads that interface with the drive element) and a bottom portion (45), wherein the drive element and upper valve element are movably mounted in the top portion of the base with the outer thread interacting with the inner thread to set a position of the drive element and upper valve element in the base (Figure 2C and Paragraph 40); a lower valve element (130b) mounted in the bottom portion of the base (Figure 2B); and an arc adjustment ring (60) operably connected to the drive element and configured to rotate the drive element and upper valve element in the base such that a size of an opening between the upper valve element and the lower valve element is adjusted (Paragraph 40), but fails to disclose the upper valve element made of a compliant material.
Lawson discloses a sprinkler wherein elements are made of a compliant material, in order to provide for effective sealing amongst the components of the sprinkler (Column 6, lines 57-60).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the sprinkler to be of a compliant material since it has been held to be within the general skill of a worker in the art to select a known component or material on the basis of suitability for the intended use as a matter of obvious mechanical design expediency. In re Leshin, 125 USPQ 416. Also see MPEP 2144.07. Sinclair & Carroll Co. v. Interchemical Corp. states "Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.
Kah in view of Lawson discloses a assembly configured such that a seal is provided at a connection between the drive element and the upper valve element (The material of the elements provides for the claimed function.
Regarding claim 2, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 1, wherein the drive element (130) includes a shaped slot and the upper valve element (131) includes a shaped finger configured to cooperate with the shaped slot to provide a sealed connection between the drive element and the upper valve element (Figure 2B, the upper valve element has a triangular edge (Finger) that it shaped to cooperate with and be received in the open slot of the drive element receiving the upper valve element).
Regarding claim 3, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 1, but fails to disclose wherein the upper drive element is snap fit into the drive element.
Kah discloses that it is known to snap-fit components of the sprinkler (Paragraphs 42-43).
It would have been an obvious matter of design choice to one having ordinary skill in the art to snap fit the upper drive element into the drive element, as Applicant has not disclosed that the structure solves a stated problem, and it appears the device would perform equally well, as assembled.
Regarding claim 4, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 1, wherein the upper valve element (131) includes a lower spiral edge (Figure 4a, 131b).
Regarding claim 5, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 4, wherein the lower valve element (130b) includes an upper spiral edge (Figure 3B) configured to cooperate with the lower spiral edge to define the opening between the upper valve element and the lower valve element (The edge is complimentary with the edge of the upper valve element).
Regarding claim 6, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 4, wherein the base (100) includes a receiving slot (36) and at least one ramp provided adjacent the at least one receiving slot (36) (Figure 5 depicts the arcuate ramp that is provide adjacent the slot), wherein the receiving slot is configured to receive a connecting tab provided on the lower valve element (130b) and the connecting tab is configured to slide along the at least one ramp as the lower valve element is rotated to secure it in the base (The protruding edge of 130b is a connecting tab is capable of sliding along the ramp as the lower valve element is rotated to be secured).
Regarding claim 7, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 6, wherein the at least one ramp is configured to secure the connecting tab and maintain the lower valve element in a desired position (Figure 5).
Regarding claim 8, Kah in view of Lawson discloses the adjustable rotary nozzle assembly of claim 1, wherein the shaped slot has a first shape that corresponds to a second shape of the shaped finger of the upper nozzle (Figure 2B, the upper valve element has a triangular edge (Finger) that is shaped to cooperate with and be received in the open slot of the drive element receiving the upper valve element).
Regarding claim 9, Kah in view of Lawson discloses the adjustable nozzle assembly of claim 1, wherein the drive element (130) rotates with the arc adjustment ring (60) to set a size of the opening between the lower valve surface and the top valve surface (Paragraph 40).
Regarding claim 10, Kah discloses a method of constructing an adjustable nozzle assembly comprises:
mounting an upper valve element (131) in a drive element (130) (Paragraph 40), but fails to disclose the upper valve element made of a compliant material.
Lawson discloses a sprinkler wherein elements are made of a compliant material, in order to provide for effective sealing amongst the components of the sprinkler (Column 6, lines 57-60).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the sprinkler to be of a compliant material since it has been held to be within the general skill of a worker in the art to select a known component or material on the basis of suitability for the intended use as a matter of obvious mechanical design expediency. In re Leshin, 125 USPQ 416. Also see MPEP 2144.07. Sinclair & Carroll Co. v. Interchemical Corp. states "Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.
Kah in view of Lawson further discloses mounting the drive element (130), including the upper valve element (131), in a top portion of a base (Paragraph 43 and Figure 2C); mounting a lower valve element (130b) in a bottom portion of the base, such that an arcuate slot is defined between the upper valve element and the lower valve element (Paragraph 40).
Regarding claim 11, Kah in view of Lawson discloses the method of claim 10, wherein the drive element includes an outer thread (55) configured to interact with an inner thread provided on the drive element such that the drive element and the upper valve element moves with the drive element (Paragraph 40).
Regarding claim 12, Kah in view of Lawson discloses the method of claim 10, wherein the drive element includes a shaped slot and the upper valve element includes a shaped finger that is configured to connect the drive element and the upper valve element (Figure 2B, the upper valve element has a triangular edge (Finger) that it shaped to cooperate with and be received in the open slot of the drive element receiving the upper valve element).
Regarding claim 13, Kah in view of Lawson discloses the method of claim 10, where in the upper valve element (131) includes a lower spiral edge (Figure 4a, 131b) and the lower valve element (130b) includes an upper spiral edge (Figure 3B), wherein the lower spiral edge and the lower spiral edge cooperate to define the arcuate opening between the upper valve element and the lower valve element (Paragraph 48, The edge is complimentary with the edge of the upper valve element).
Regarding claim 14, Kah in view of Lawson discloses the method of claim 10, the base (100) includes at least one receiving slot (36) and at least one ramp provided adjacent the at least one receiving slot (36) (Figure 5 depicts the arcuate ramp that is provide adjacent the slot), wherein the receiving slot is configured to receive a connecting tab provided on the lower valve element (130b) and the connecting tab is configured to slide along the at least one ramp as the lower valve element is rotated to secure it in the base (The protruding edge of 130b is a connecting tab is capable of sliding along the ramp as the lower valve element is rotated to be secured).
Regarding claim 15, Kah in view of Lawson discloses the method of claim 14, wherein the at least one ramp is configured to secure the connecting tab and maintain the lower valve element in a desired position (Figure 5).
Regarding claim 16, Kah in view of Lawson discloses the method of claim 10, wherein the at least one shaped slot has a first shape that corresponds to a second shape of the shape of the upper nozzle (Figure 2B).
Regarding claim 17, Kah in view of Lawson discloses the method of claim 10, wherein the drive element (130) rotates with the arc adjustment ring (60) to set a size of the opening between the lower valve surface and the top valve surface (Paragraph 40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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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 R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752