DETAILED ACTION
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) 1-4, 7-22 and 24-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Auguste (US 2,555,461).
Regarding claim 1, Auguste discloses a fire sprinkler shut off tool for shutting off a fire sprinkler in need of being shut off, comprising:
a body (Figure 6) comprising a collar (96), a casing (90) and a shut off tool hydraulic seal or part thereof to block fluid (102) (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; Figure 6), the collar (96) for surrounding a sprinkler or an adaptor (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; The collar surrounds the adaptor 101), the casing comprising a wall and defining a conduit (Figure 6, the casing includes a wall that surrounds the sprinkler head and includes a central conduit), the casing also comprising one or more fluid outlet (The casing has a fluid outlet about its bottom surface);
a sleeve valve (101, 102; The valve is received in the sleeve 104) in which the casing is movable relative to the collar between an open position to allow fluid to exit from the one or more fluid outlet and a closed position in which fluid is blocked from exiting the one or more fluid outlet (Column 6, lines 27-36); and one or more fastener to connect to the sprinkler or adaptor (The threads of ring 90 are to connect to the sprinkler).
Regarding claim 2, Auguste discloses a method of shutting off a fire sprinkler, the method comprising installing the fire sprinkler shut off tool of claim 1 over a fire sprinkler in need of being shut off (Column 6, lines 23-40).
Regarding claim 3, Auguste discloses a method of shutting off a fire sprinkler in need of being shut off, the method comprising:
installing a fire sprinkler shut off tool over a sprinkler in need of shutting off or an adaptor (Column 6, lines 23-40), the fire sprinkler shut off tool comprising:
a body (Figure 6) comprising a collar (96), a casing (90) and a shut off tool hydraulic seal or part thereof to block fluid (102) (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; Figure 6), the collar (96) for surrounding a sprinkler or an adaptor (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; The collar surrounds the adaptor 101), the casing comprising a wall and defining a conduit (Figure 6, the casing includes a wall that surrounds the sprinkler head and includes a central conduit), the casing also comprising one or more fluid outlet (The casing has a fluid outlet about its bottom surface);
a sleeve valve (101, 102; The valve is received in the sleeve 104) in which the casing is movable relative to the collar between an open position to allow fluid to exit from the one or more fluid outlet and a closed position in which fluid is blocked from exiting the one or more fluid outlet (Column 6, lines 27-36); and one or more fastener to connect to the sprinkler or adaptor (The threads of ring 90 are to connect to the sprinkler).
Regarding claim 4, Auguste discloses a method of manufacturing a fire sprinkler shut off tool for shutting off a fire sprinkler in need of being shut off, comprising:
providing a body (Figure 6) comprising a collar (96), a casing (90) and a shut off tool hydraulic seal or part thereof to block fluid (102) (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; Column 5, line 72-Column 6, line 21), the collar (96) for surrounding a sprinkler or an adaptor (The limitation is interpreted as a recitation of intended use and therefore afforded limited patentable weight; The collar surrounds the adaptor 101), the casing comprising a wall and defining a conduit (Figure 6, the casing includes a wall that surrounds the sprinkler head and includes a central conduit), the casing also comprising one or more fluid outlet (The casing has a fluid outlet about its bottom surface);
providing a sleeve valve (101, 102; The valve is received in the sleeve 104) (Column 6, lines 16-18) in which the casing is movable relative to the collar between an open position to allow fluid to exit from the one or more fluid outlet and a closed position in which fluid is blocked from exiting the one or more fluid outlet (Column 6, lines 27-36); and
providing one or more fastener to connect to the sprinkler or adaptor (Column 5, lines 72-75, The threads of ring 90 are to connect to the sprinkler).
Regarding claim 7, Auguste discloses the tool according to claim 1 wherein the sleeve valve is configured so movement closes the valve (Column 6, lines 29-36).
Regarding claim 8, Auguste discloses the tool according to claim 1 wherein the one or more fluid outlet comprises a size at least as large as the conduit (Figure 6, the outlet is as wide as the conduit).
Regarding claim 9, Auguste discloses the tool according to claim 8 wherein the size of the one or more fluid outlet is the combined size at the one or more exit port (Figure 6).
Regarding claim 10, Auguste discloses the tool according to claim 9 wherein the shut off tool hydraulic seal or part thereof comprises an O-ring (Figure 6).
Regarding claim 11, Auguste discloses the tool according to claim 1 wherein the shut off tool hydraulic seal or part thereof engages with a correspondingly shaped element on the sprinkler or adaptor (Figure 6).
Regarding claim 12, Auguste discloses the tool according to claim 11 wherein the correspondingly shaped element on the sprinkler or adaptor is retrofitted or retro-designed for the sprinkler or adaptor (Figure 6 depicts the element as being fit for the sprinkler).
Regarding claim 13, Auguste discloses the tool according to claim 1 wherein one or more interfitting retaining elements (threads) hold the casing in the closed position (Figure 6).
Regarding claim 14, Auguste discloses the tool according to claim 1 wherein the one or more fastener comprises a mechanical fastener (threads) dimensioned to fasten to a mechanical element on the one or more sprinkler or adaptor (Figure 6).
Regarding claim 15, Auguste discloses the tool according to claim 14 wherein the mechanical element on the one or more sprinkler or adaptor is a complementary fastener or a native sprinkler or adaptor mechanical element (Figure 6, Complementary fastener).
Regarding claim 16, Auguste discloses the tool according to claim 1 wherein the body comprises a valve seat (The upper face of the casing is a valve seat, as shown in the shadow drawing of figure 6).
Regarding claim 17, Auguste discloses the tool according to claim 1 wherein an actuator (104) is comprised and applying force to the actuator moves the valve from the open position to the closed position (Column 6, lines 34-36, The actuator is pulled and turned to move the valve to the closed position).
Regarding claim 18, Auguste discloses the tool according to claim 1 wherein the sprinkler or adaptor is a connectable sprinkler or connectable adaptor comprising one or more sprinkler or adaptor fastener for attachment to a tool such as, a drain tool or the shut off tool (Figure 6, the sprinkler includes outer threads for attachment to the drain tool).
Regarding claim 19, Auguste discloses the tool according to claim 1 wherein the sprinkler or adaptor comprises a traditional or non-connectable sprinkler or adaptor (Figure 6, Traditional sprinkler).
Regarding claim 20, Auguste discloses the tool according to claim 1 wherein the adaptor comprises a sprinkler adaptor; a sprinkler pipe adaptor; or a sprinkler system adaptor (Sprinkler adaptor).
Regarding claim 21, Auguste discloses the tool according to claim 1 wherein the fire sprinkler shut off device comprises an intentional supervisory leak (The fluid intentionally leaks through the conduit in the shut off device, prior to closing of the device).
Regarding claim 22, Auguste discloses the tool according to claim 1 wherein the tool comprises a diverter or an umbrella (The tool is a diverter that diverts fluid into the conduit).
Regarding claim 24, Auguste discloses the tool according to claim 1 wherein the collar and casing are configured so movement is along a casing side wall and a collar wall (Upward movement of the valve occurs along the casing and collar wall).
Regarding claim 25, Auguste discloses the tool according to claim 1 wherein the collar and casing are configured so movement is linear, rotational or linear and rotational (Movement is rotational).
Regarding claim 26, Auguste discloses the tool according to claim 1 further comprising an actuator (104) configured to be operated proximally or distally to the sprinkler (The actuator is operated distally of the sprinkler).
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) 23 is rejected under 35 U.S.C. 103 as being unpatentable over Auguste (US 2,555,461).
Regarding claim 23, Auguste discloses the tool according to claim 1, but fails to disclose wherein the collar is configured to be annular.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the collar annular since it has been held that shape is a matter of choice which one of ordinary skill in the art would have found absent persuasive evidence that the shape is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 7-26 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
THIS ACTION IS MADE FINAL. 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.
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
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