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 .
Response to Amendment
The response filed on March 25th, 2026 is acknowledged. Five pages of amended claims were received on 3/25/2026. Claim 4 has been amended, Claims 5-7 and 30-32 have been cancelled, and Claims 33-36 are newly presented.
Election/Restrictions
Applicant’s election without traverse of Invention Group I and Suspension Feature Species C in the reply filed on 3/25/2026 in response to the requirement for restriction mailed 1/27/2026 is acknowledged. Claims 2-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “LE” (See Fig. 8E), “521” (See Fig. 15), “660” (See Fig. 20), and “676” (See Fig. 20).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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
Claims 4, 11, 18, 22, 25-26, and 36 are objected to because of the following informalities:
In Claim 4 Line 4, “the group” should be revised to “a group” to ensure clarity in the claim.
In Claim 11 line 2, “the same angle” should be revised to “a same angle” to ensure clarity in the claim.
In Claim 18 Line 1, “the pressure reducing section” should be revised to “the at least one pressure reducing section” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 22 Line 2, “the group” should be revised to “a group” to ensure clarity in the claim.
In Claim 25 Lines 2-3, “the group” should be revised to “a group” to ensure clarity in the claim.
In Claim 26 Line 2, “the group” should be revised to “a group” to ensure clarity in the claim.
In Claim 36 Line 1, “the group” should be revised to “a group” to ensure clarity in the claim.
Appropriate correction is required.
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.
Claims 1-4, 8-29, and 33-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-2018/0295795-A1 to Wlassich (“Wlassich”).
As to Claim 1, Wlassich discloses an emitter (See #10 in Fig. 2) for use with a lateral to form a drip irrigation lateral (See #12 in Fig. 1), the lateral having a lateral wall (See LW in Annotated Fig. 1) with an inner wall surface (See IWS in Annotated Fig. 1), at least a first portion of the lateral wall defining a lateral flow path (See LFP in Annotated Fig. 1) and at least a second portion of the lateral wall defining at least one outlet aperture (See #18 in Fig. 1), the emitter comprising:
an inlet section (See IS in Annotated Fig. 2, the inlet section has #14b) in fluid communication with the lateral flow path (See Annotated Fig. 1 and Paragraph 0009), the inlet section including inlet features defining inlet apertures (See apertures in #14b, with multiple apertures formed by filter #42), the inlet features configured and arranged to filter at least some debris from irrigation water entering the inlet apertures (See Paragraphs 0012-0013.);
at least one pressure reducing section in fluid communication with the inlet section (See PRS in Annotated Fig. 2, the pressure reducing section has #28b), the at least one pressure reducing section including resistance features (See teeth #22) configured and arranged to reduce pressure in the irrigation water flowing through the at least one pressure reducing section (See Paragraph 0011); and
an outlet section (See OS in Annotated Fig. 2, the outlet section includes #38) in fluid communication with the at least one pressure reducing section and the at least one outlet aperture (See Annotated Fig. 2), wherein the inlet section, the at least one pressure reducing section, the outlet section, and a portion of the lateral wall define an emitter flow path through which the irrigation water flows (See Fig. 1, Annotated Fig. 2, and Paragraph 0009);
the outlet section including at least one suspension feature (See S1 that is #52, S2 that is part of #38, and S3 in Annotated Fig. 2, all of which can be considered suspension features) configured and arranged to keep any debris in suspension in the irrigation water so that it flows out the at least one outlet aperture with the irrigation water (See Figs. 2-3 and Paragraphs 0015-0016, the valve #52 along with wall #44 is arranged such that it is capable of keeping any debris flowing in #34 in suspension so it flows out of #18 rather than being contained in #10. S3 also at least partially contributes to keeping debris in suspension.).
As to Claim 4, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one suspension feature is a first suspension feature having a first tip (See T1 in Annotated Fig. 2) and a second suspension feature having a second tip (See T2 in Annotated Fig. 2), the first and second suspension features extending from opposing sides of the outlet section (See Annotated Fig. 2), the first tip and the second tip being positioned in a tip arrangement selected from the group consisting of coincident with a longitudinal axis of the outlet section, extending beyond the longitudinal axis of the outlet section, and falling short of the longitudinal axis of the outlet section (See Annotated Fig. 2, the tips T1 and T2 do not touch axis A1 such that they can be considered falling short of or extending beyond axis A1).
As to Claim 8, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein at least a portion of the at least one suspension feature does not contact the inner wall surface (See Annotated Fig. 1 and Annotated Fig. 2. At least some surface portions of #38 and #52 and S3 do not directly contact the inner wall surface IWS).
As to Claim 9, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter includes a floor (See F in Annotated Fig. 2) from which opposing first and second rails extend (See rails R1 and R2 in Annotated Fig. 2, which have teeth #22), wherein at least a portion of the at least one suspension feature does not contact at least one of the first and second rails (See Annotated Fig. 2, various surface portions of S1, S2, and S3 do not directly contact R1 and R2).
As to Claim 10, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one suspension feature differs in at least one of angle, shape, interval length, and dimension from at least one of the resistance features (See Annotated Fig. 2, the suspension features S1 and S2 have a different angle, shape, length, and dimension from the resistance features S3).
As to Claim 11, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one suspension feature has at least one of the same angle, same shape, same interval length, and same dimension as at least one of the resistance features (See Annotated Fig. 2. The suspension feature S3 can be considered a suspension feature that has a same shape as #22).
As to Claim 12, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter includes a floor (See Annotated Fig. 2) from which opposing first and second rails extend (See rails R1 and R2 in Annotated Fig. 2), wherein at least a portion of at least one of the first and second rails is non-linear (See curved portion C1 in Annotated Fig. 2).
As to Claim 13, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter includes a floor (See Annotated Fig. 2) from which opposing first and second rails extend (See rails R1 and R2 in Annotated Fig. 2), wherein a first rail portion of the first rail is not parallel with a second rail portion of the second rail (See P1 and P2 in Annotated Fig. 2. P1 is angled relative to P2).
As to Claim 14, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter includes a floor (See Annotated Fig. 2) from which opposing first and second rails extend to interconnect the floor to the inner wall surface (See rails R1 and R2 in Annotated Fig. 2), wherein the floor is contoured thereby having varying distances between the floor and the inner wall surface between the first and second rails (See Fig. 1 and Annotated Fig. 2 along with Paragraphs 0009-0010. The body #11 is curved to match a radius of curvature of #12. Therefore at least some of the distances between the floor F and inner wall surface IWS between R1 and R2 will vary to some extent along the floor since the radius of curvature are the same between #11 and #12.).
As to Claim 15, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter includes a floor (See Annotated Fig. 2) from which opposing first and second rails extend to interconnect the floor to the inner wall surface (See R1 and R2 in Annotated Fig. 2), wherein at least a portion of the outlet section has a first distance between the floor and the inner wall surface that differs from a second distance between the floor and the inner wall in at least a portion of one of the outlet section, the at least one pressure reducing section, or the inlet section (See Fig. 1 and Annotated Fig. 2 along with Paragraphs 0009-0010. The body #11 is curved to match a radius of curvature of #12. Therefore at least some of the distances between the floor F and inner wall surface IWS between R1 and R2 and in OS will vary to some extent along the floor since the radius of curvature are the same between #11 and #12.).
As to Claim 16, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein a first portion of the outlet section differs in width with at least a portion of one of the outlet section, the at least one pressure reducing section, or the inlet section (See Annotated Fig. 2, the widths along the inlet section, the pressure reducing section, and the outlet section all vary).
As to Claim 17, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein a first portion of the outlet section has a first outlet section centerline (See A3 in Annotated Fig. 2) that is coincident with at least one of a second outlet section centerline of a second portion of the outlet section and a first pressure reducing section centerline of the at least one pressure reducing section (See Annotated Fig. 2. Centerline A3 of a first portion of OS is coincident with centerline A2 of PRS).
As to Claim 18, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the pressure reducing section has a first longitudinal axis (See A2 in Annotated Fig. 2) and the outlet section has a second longitudinal axis (See A1 in Annotated Fig. 2), the first longitudinal axis and the second longitudinal axis being different (See Annotated Fig. 2, A1 is offset from A2.).
As to Claim 19, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich discloses the emitter further comprising at least one trigger feature (#50, which is a check valve per Paragraph 0015. A check-valve is trigged by fluid at a certain pressure.) positioned in the outlet section configured and arranged to assist in positioning the at least one outlet aperture in the lateral relative to the outlet section (See Fig. 1, Annotated Fig. 2, and See Paragraph 0015. The check valve #50 is positioned in OS and aligns with #18 when installed therefore #50 assists in positioning #18 relative to OS).
As to Claim 20, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one outlet aperture is positioned within the outlet section to adjust a flow rate of irrigation water through the at least one outlet aperture (See Paragraph 0011), wherein the outlet section is an operative outlet section including at least a portion of the at least one pressure reducing section or a portion of a pressure responsive section positioned between the at least one pressure reducing section and the outlet section (See Annotated Fig. 2. P3 can be considered a portion that is between PRS and OS) .
As to Claim 21, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one outlet aperture is positioned in an aperture arrangement from a group consisting of coincident with a longitudinal axis of the outlet section and not coincident with the longitudinal axis of the outlet section (See Annotated Fig. 2. The outlet #18 is positioned at an angle relative to axis A1.).
As to Claim 22, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter is made of at least one layer including at least one material, the at least one material selected from the group consisting of an elastomeric material, a non-elastomeric material, and a combination thereof (See Paragraphs 0013-0014 disclosing that #34 and #38 are elastomeric. Furthermore, all other materials are either elastomeric or non-elastomeric).
As to Claim 23, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich discloses the emitter further comprising at least one pressure responsive section interconnecting the at least one pressure reducing section and the outlet section (See Paragraph 0015. The check valve #52 can be considered a pressure responsive section that fluidly connects PRS and OS).
As to Claim 24, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the inlet section, the at least one pressure reducing section, and the outlet section extend from a floor (See F in Annotated Fig. 2) toward the inner wall surface to define the emitter flow path (See Annotated Fig. 1).
As to Claim 25, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter is operatively connected to the inner wall surface of the lateral wall encircled to form the drip irrigation lateral selected from the group consisting of an overlapping wall lateral, a seamless wall lateral, and a seamed wall lateral (See Fig. 1 and Paragraph 00010. #10 is bonded to #12 therefore there is some structure equivalent to a seam between #10 and #12. #10 overlaps with walls of #12 therefore the drip irrigation lateral can be considered an overlapping wall lateral).
As to Claim 26, in reference to the emitter of Wlassich as applied to Claim 25 above, Wlassich further discloses wherein the lateral wall is made of at least one layer including at least one material, the at least one material selected from the group consisting of an elastomeric material, a non-elastomeric material, and a combination thereof (See Annotated Fig. 1. The specific material of conduit #12 is not disclosed, however the lateral wall LW is made of some material, which must be either elastomeric or non-elastomeric).
As to Claim 27, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one outlet aperture includes a first outlet aperture that is not parallel to a longitudinal axis of the emitter (See Annotated Fig. 2. The outlet aperture #18 is at an angle relative to axis A1).
As to Claim 28, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one outlet aperture includes a first outlet aperture that is offset relative to a longitudinal axis of the emitter (See Annotated Fig. 2. The outlet aperture #18 is at an angle relative to axis A1 such that it is angularly offset relative to axis A1).
As to Claim 29, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one outlet aperture includes a first outlet aperture that is non-linear (See #18 in Annotated Fig. 2, which is a circular outlet. A circular outlet can be considered a non-linear outlet).
As to Claim 33, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the at least one suspension feature forms a nonlinear flow path within the outlet section (See S1 and S2 in Annotated Fig. 2, which form a curved flow path within OS).
As to Claim 34, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein at least a portion of the at least one suspension feature extends from at least one rail into the emitter flow path within the outlet section (See Annotated Fig. 1 and Annotated Fig. 2. At least part of S3 extends from rail R1 into EFP within OS).
As to Claim 35, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter is configured and arranged to be applied as a continuous strip and operatively connected to the lateral (See Annotated Fig. 1. The emitter #10 is one continuous strip that is operatively applied to #12).
As to Claim 36, in reference to the emitter of Wlassich as applied to Claim 1 above, Wlassich further discloses wherein the emitter is selected from the group consisting of a discrete emitter, a continuous strip emitter including a plurality of interconnected emitters, and an intermittent strip emitter (See Paragraph 0009 disclosing numerous emitters spaced along #12. Thus one emitter #10 can be considered a discrete emitter since it is its own entity, and an emitter #10 also can be considered an intermittent strip emitter since multiple emitters can be installed intermittently).
PNG
media_image1.png
871
1001
media_image1.png
Greyscale
PNG
media_image2.png
919
1424
media_image2.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 May 19, 2026
Prosecution Insights