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 .
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 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.
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 1-11, 14 and 24-29 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.
Independent claim 1 discloses: “an irrigation device with an indicator” in the preamble, and “an indicator” in the body of the claim. The preamble already requires the device to have an indicator. As such, the “indicator” of the body of the claim is considered double inclusion, which renders the claim indefinite, because it is unclear if there are one or more than one “indicators” in the device. For examination purposes and based on disclosure, Examiner will interpret the second indicator as: the indicator.
Claims 2-11 are indefinite for depending on claim 1.
Claim 14 discloses “a sprinkler”. However, independent claim 12, from which claim 14 depends on, already discloses a sprinkler. This is considered double inclusion, which renders the claim indefinite because it is unclear if there are one or more than one sprinklers in the invention. For examination purposes and based on disclosure, the limitation of claim 14 will be interpreted as the sprinkler.
Claim 24 discloses: “a method of installing an indicator to an irrigation device” in the preamble, and “an indicator” in the body of the claim. The preamble already requires the method to have an indicator. As such, the “indicator” of the body of the claim is considered double inclusion, which renders the claim indefinite, because it is unclear if there are one or more than one “indicators” in used by the method. For examination purposes and based on disclosure, Examiner will interpret the second indicator as: the indicator.
Claims 25-29 are indefinite for depending on claim 24.
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, 7, 9, 10, 12, 15, 20, 21, 24, 25 and 29, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Renquist et al (U.S. 2012/0205467).
Regarding claim 1, Renquist teaches an irrigation device (defined by sprinkler 100 and its components) with an indicator (indicator defined by screw 106, which as seen in Figs 1 and 6, indicates the cover 104 is attached to the sprinkler | Note: Examiner is interpreting the “indicator” as the fastener that holds the top cover of the sprinkler; this is the same as Applicant’s indicator 100, which is a fastener that holds cover 112, as seen in Applicant’s Figs 1-11) comprising:
a sprinkler (100) including a cover (104) defining an access port (port where screw 106 is inserted, see Fig 6); and
the indicator (screw 106) removably coupled to the sprinkler at the access port (106 is removably couple to the sprinkler, see Fig 6 and Par 0030), the indicator including: a flange (shown below); a shaft (shown below) extending from the flange; and threading (106 is disclosed as a screw, which has threading) disposed on the shaft and threadingly engaging the cover at the access port (as shown below, the screw 106 is threadingly engaged with the sprinkler, as such the screw threadingly engages the cover 104, as also disclosed in Par 0030).
Regarding claim 7, Renquist teaches the irrigation device of claim 1 wherein the sprinkler includes a housing (housing that receives the sprinkler when it is not retracted, not shown; but disclosed in Par 0004) and a riser (defined by 126 and base 102) movable relative to the housing (as disclosed in Par 0004), and the riser including the cover (cover 104 is on the base portion 102 of the riser, see Fig 1-2).
Regarding claim 9, Renquist teaches the irrigation device of claim 1 wherein at least the flange defines a socket (the flange of the screw 106 has a socket to receive a tool such as a screwdriver, see Fig 1).
Regarding claim 10, Renquist teaches the irrigation device of claim 9 wherein the socket is shaped to receive a driver portion of a tool (as seen in Fig 1, the socket of 106 is shaped to receive a Phillips head screwdriver).
Regarding claim 12, Renquist teaches a sprinkler indicator (indicator defined by screw 106, which as seen in Figs 1 and 6, indicates the cover 104 is attached to the sprinkler | Note: Examiner is interpreting the “indicator” as the fastener that holds the top cover of the sprinkler; this is the same as Applicant’s indicator 100, which is a fastener that holds cover 112, as seen in Applicant’s Figs 1-11) comprising:
a flange (shown below);
a shaft (shown below) extending from the flange to be inserted into a sprinkler (100) (as seen in Fig 6, the shaft of 106 is inserted into the body of sprinkler 100); and
threading (106 is disclosed as a screw, which has threading) disposed on the shaft to threadingly engage the sprinkler to removably couple the sprinkler indicator to the sprinkler (as shown below, the screw 106 is threadingly engaged with the sprinkler, as such the screw, i.e. indicator, is removably coupled to the sprinkler, as also disclosed in Par 0030).
Regarding claim 15, Renquist teaches the sprinkler indicator of claim 12 further comprises a driver (defined by the socket of screw 106) located at least in part at the flange to rotate the sprinkler indicator (as seen in Fig 1, the screw 106 comprises a socket, interpreted as the claimed driver, defined on its flange which with the aid of a tool, such as a screwdriver, rotates the screw, i.e. indicator).
Regarding claim 20, Renquist teaches the sprinkler indicator of claim 12 wherein the flange defines a drive socket (the flange of the screw 106 has a socket to receive a tool such as a screwdriver, see Fig 1) shaped to receive a complementary drive portion of a tool (as seen in Fig 1, the socket of 106 is shaped to receive a Phillips head screwdriver).
Regarding claim 21, Renquist teaches the sprinkler indicator of claim 20 wherein the drive socket defines an elongated opening (shown below).
Regarding claim 24, Renquist teaches a method of installing an indicator (indicator defined by screw 106, which as seen in Figs 1 and 6, indicates the cover 104 is attached to the sprinkler | Note: Examiner is interpreting the “indicator” as the fastener that holds the top cover of the sprinkler; this is the same as Applicant’s indicator 100, which is a fastener that holds cover 112, as seen in Applicant’s Figs 1-11) to an irrigation device (sprinkler 100), the method comprising:
inserting at least a portion of the indicator into an access port (port where screw 106 is inserted, see Fig 6) of a cover (104) of a sprinkler (100) until threading (shown below) of a shaft (shown below) of the indicator extends into the access port (as seen in Fig 6); and
rotating the indicator in a first direction to cause the threading to engage the cover to removably secure the indicator to the cover (106 is disclosed as a screw, therefore rotating it in a clockwise direction causes the threads to engage the locking plate, show below, which in turn secures the indicator 106 to the cover).
Regarding claim 25, Renquist teaches the method of claim 24 further comprises rotating the indicator in a second direction opposite the first direction to cause the threading to engage the cover to move the indicator outward from the sprinkler (106 is disclosed as a screw, therefore rotating it in a counter-clockwise direction causes the threads to engage the locking plate, show below, which in turn disengages the indicator 106 from the cover).
Regarding claim 29, Renquist teaches the method of claim 24 further comprises inserting a driver portion of a tool (the flange of the screw 106 has a socket to receive a tool such as a screwdriver, see Fig 1) into a socket (shown below) of the indicator (106) and rotating the indicator includes rotating the indicator with the tool (as seen in Fig 1, the socket of 106 is shaped to receive a Phillips head screwdriver) (Par 0050 which discloses 106 as a screw, the Figure show the socket as a Phillips socket, as such rotating the indicator involved the use of a driver portion of a Phillips head screwdriver).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Kah et al (U.S. 2008/0257982).
Regarding claim 2, Renquist teaches the irrigation device of claim 1. However, Renquist does not teach the cover including an elastomeric layer and the threading engaging the elastomeric layer.
Kah teaches a sprinkler assembly that comprises a cover (defined by 2 and sealing layer 42), which includes an elastomeric layer (42) (Par 0079 discloses the cover 2 made out of an elastomeric material; as seen in Fig 1, parts 2 and 42 are drawn using the same symbols; as such, these two parts are considered to be made of the same materials, which Par 0079 discloses as elastomeric); wherein the threading of screw 40 engages the layer 42, as seen in Fig 1.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Kah to provide the cover with an elastomeric material layer which would make it flexible and less brittle, which would be effective in preventing breaking of the sprinkler top in case of an impact. As taught in Par 0079 of Kah, this material allows for deflection, i.e. flexibility.
Claims 3 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467).
Regarding claim 3, Renquist teaches the irrigation device of claim 1. However, Renquist does not teach the device wherein the indicator is made of plastic.
It would’ve been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the indicator, i.e. screw, out of any suitable material, including plastic, since it has been held that the selection of a known material based on its suitability for its intended use is considered prima facie obviousness given that it performs the same function as it was determined in In re Leshin (see MPEP 2144.07). In the present case, Renquist discloses all the general structure of the claim. Furthermore, Applicant has not provided criticality for making the indicator out of plastic. Therefore, this is further considered an obviousness design choice.
Regarding claim 23, Renquist teaches the sprinkler indicator of claim 12 wherein the cover (104) includes advertising information (as seen in Fig 1).
However, Renquist does not teach said advertising information being on the flange.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the advertising information such that it is on the flange, since it has been held that rearranging parts of an invention involves only routine skill in the art. As it was determined in In re Japikse, where the court found that rearrangement of parts is unpatentable if the modification would not have modified the operation of the device (see MPEP 2144.04 VI C). In the present case, rearranging the placement of the advertising would not change how the device operates, since these are merely cosmetic features that do not affect the way the sprinkler functions. Furthermore, Applicant fails to teach any criticality to having the claimed arrangement.
Claims 4-6, 16, 17, 22 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Matthes et al (U.S. 2022/0120300).
Regarding claim 4, Renquist teaches the irrigation device of claim 1, wherein the sprinkler further includes a locking plate (shown below). However, Renquist does not teach the locking plate defining a first keyway aligned with the access port to receive a portion of the indicator.
Matthes teaches a connecting assembly defined by an indicator, i.e. connector (1), that attaches a cover (B1) to a locking plate (B2), wherein the locking plate has a first keyway (keyhole 90, seem in Fig 4) that is aligned with access port (92) of the cover (B1, as seen in Figs 2, 3, and 7), wherein the first keyway receives a portion of indicator (1) (as seen in Fig 4, the first keyway 90 receives a portion 30, i.e. a bit, of indicator 1) .
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Matthes to provide the locking plate with a keyway that receives a portion of the indicator in order to provide a frictional connection (see abstract of Matthes) between the cover and locking plate, where the two parts can be completely fastened together by simply turning the indicator, i.e. connector, by 90 degrees (see Pars 0027 and 0045 of Matthes). This modification would make removing of the cover of the sprinkler of Renquist faster and simpler.
Regarding claim 5, Renquist and Matthes teach the irrigation device of claim 4, wherein the indicator further includes a key (defined by webs 30 of Matthes) supported by a shaft (20, see Fig 1 of Matthes), the key including a first bit (defined by one of the webs 30) extending radially outward from the shaft (as seen in Figs 1-3 of Matthes), the first bit of the key shaped for insertion through the access port of the cover (as seen in Figs 2 and 7 of Matthes, 30 is inserted into the access port 92 of cover B1) and the first keyway of the locking plate (as seen in Fig 4, the first key 30 is inserted into the first keyway 90 of the locking plate B2), and the indicator rotatable relative to the locking plate to misalign the first bit and the first keyway to inhibit removal of the indicator from the sprinkler (right side of Fig 4 of Matthes shows the indicator rotated in order to misalign 90 and 30 and inhibit removal).
Regarding claim 6, Renquist and Matthes teach the irrigation device of claim 5 wherein the locking plate includes a second keyway (second keyhole 90, of which there are two of, see Fig 4 of Matthes), the key includes a second bit (second web 30, of which there are two of, see Fig 1-5 of Matthes) extending radially outward from the shaft and opposite the first bit (the two bits 30 are radially extended from shaft 20 at opposite sides, see Fig 1-2 of Matthes), the second bit of the key being shaped to be inserted through the access port of the cover (as seen in Figs 2 and 7 of Matthes, the other bit 30 is inserted into the access port 92 of cover B1) and the second keyway of the locking plate (as seen in Fig 4, the second key 30 is inserted into the second keyway 90 of the locking plate B2; Examiner notes there are two bits 30 and two keyholes 90, one set is interpreted and the first and the other set as the second), and the indicator rotatable relative to the locking plate to misalign the second bit and the second keyway to inhibit removal of the indicator from the sprinkler (right side of Fig 4 of Matthes shows the indicator rotated in order to misalign the second keyway 90 and the second bit 30 and inhibit removal).
Regarding claim 16, Renquist teaches the sprinkler indicator of claim 12. However, Renquist does not teach the indicator further comprising a key supported by the shaft and including at least a first bit extending radially outward from the shaft.
Matthes teaches a connecting assembly defined by an indicator, i.e. connector (1), that attaches a cover (B1) to a locking plate (B2), wherein the indicator comprises a key (defined by both webs 30) supported by the shaft (20) and including at least a first bit (first bit defined by one of the webs 30) extending radially outward from the shaft (as seen in Figs 1-3, bit 30 extends radially outward from shaft 20).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Matthes to provide the indicator with a key having at least a first bit extending from the shaft in order to provide a frictional connection (see abstract of Matthes) between the cover and locking plate, where the two parts can be completely fastened together by simply turning the indicator, i.e. connector, by 90 degrees (see Pars 0027 and 0045 of Matthes). This modification would make removing of the cover of the sprinkler of Renquist faster and simpler.
Regarding claim 17, Renquist and Matthes teach sprinkler indicator of claim 16 wherein the shaft includes a tapered portion (40, seen in Fig 1 of Matthes) tapering inwardly as the shaft extends from the flange toward the key (as seen in Fig 1, 40 tapers inward as the shaft extends from flange 10 to key 30).
Regarding claim 22, Renquist teaches the sprinkler indicator of claim 12. However, Renquist does not teach the indicator further comprising a key having a first bit and a second bit, and the first bit and the second bit extend radially outward from the shaft in different directions.
Matthes teaches a connecting assembly defined by an indicator, i.e. connector (1), that attaches a cover (B1) to a locking plate (B2), wherein the indicator comprises a key (defined by both webs 30) having a first bit (defined by one web 30) and a second bit (defined by the other web 30, seen in Figs 1-4), and the first bit and the second bit extend radially outward from a shaft (20) in different directions (as seen in Figs 1-3, both bits 30 extend radially outward from shaft 20 in opposing directions).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Matthes to provide the indicator with a key having a first and second bot extending from the shaft in order to provide a frictional connection (see abstract of Matthes) between the cover and locking plate, where the two parts can be completely fastened together by simply turning the indicator, i.e. connector, by 90 degrees (see Pars 0027 and 0045 of Matthes). This modification would make removing of the cover of the sprinkler of Renquist faster and simpler.
Regarding claim 26, Renquist teaches the method of claim 24. However, Renquist does not teach the method further comprising aligning a key of the indicator with the access port of the cover before inserting.
Matthes teaches a connecting assembly defined by an indicator, i.e. connector (1), that attaches a cover (B1) to a locking plate (B2), wherein the indicator comprises a key (defined by both webs 30), wherein the key is aligned with access port (92) of the cover (B1, as seen in Figs 2, 3, and 7) before inserting (as seen in Fig 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Matthes to provide the indicator with a key that is aligned with the access port in order to provide a frictional connection (see abstract of Matthes) between the cover and locking plate, where the two parts can be completely fastened together by simply turning the indicator, i.e. connector, by 90 degrees (see Pars 0027 and 0045 of Matthes). This modification would make removing of the cover of the sprinkler of Renquist faster and simpler.
Regarding claim 27, Renquist teaches the method of claim 24. However, Renquist does not teach the method further comprising wherein inserting at least a portion of an indicator includes inserting the at least a portion of the indicator to pass a first bit of a key of the indicator through a first keyway of the sprinkler.
Matthes teaches a connecting assembly defined by an indicator, i.e. connector (1), that attaches a cover (B1) to a locking plate (B2), wherein the indicator comprises a key (defined by both webs 30), wherein the key includes a first bit (defined by one of the webs 30), which passes through a first keyway (90, as seen in Fig 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Matthes to provide the indicator with a key that has a first bit that passes through a first keyway of the sprinkler when the indicator is inserted order to provide a frictional connection (see abstract of Matthes) between the cover and locking plate, where the two parts can be completely fastened together by simply turning the indicator, i.e. connector, by 90 degrees (see Pars 0027 and 0045 of Matthes). This modification would make removing of the cover of the sprinkler of Renquist faster and simpler.
Regarding claim 28, Renquist and Matthes teach the method of claim 27 wherein rotating the indicator causes the first bit to be misaligned with the first keyway (right side of Fig 4 of Matthes shows the indicator rotated in order to misalign the first keyway 90 and the first bit 30, thereby securing the components together).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Bucker et al (U.S. 8,262,333).
Regarding claim 8, Renquist teaches the irrigation device of claim 1. However, Renquist does not teach the device wherein the flange displays information.
Bucker teaches a connecting arrangement comprising an indicator, i.e. connecting element (12), wherein its flange (16) displays information (via marking arrows 24, see Fig 1 and Fig 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Bucker to provide the information on the flange of the indicator, such as marking arrows, in order to have visual representation of when the indicator is in a locked state and an unlocked stated (as disclosed in col 8, lines 6-13 of Bucker).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Bruninga (U.S. 2005/0194464).
Regarding claim 11, Renquist teaches the irrigation device of claim 1. However, Renquist does not teach the device wherein the cover includes at least one deflectable flap at the access port positioned to engage the threading.
Bruninga teaches a sprinkler assembly comprising a cover (36) that includes a deflectable flap (170, seen in Fig 4) that covers access port (168).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Bruninga to provide a deflectable flap at the access port in order to prevent to prevent dirt and other particles from entering the cap (as disclosed in Par 0097). In combination, when the screw of 106 of Renquist is inserted into the access port, the flap would deflect downwards such that engages the threading, as claimed.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Scott et al (U.S. 5,699,962).
Regarding claim 13, Renquist teaches the irrigation device of claim 12. However, Renquist does not teach wherein the flange includes identifying information.
Scott teaches a sprinkler system wherein a flange (12) includes identifying information (as seen in Fig 5, which shows the flange including information relevant to the nozzle of the sprinkler).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Scott to provide the flange of the sprinkler indicator with identifying information in order to inform the installer or user of the spraying characteristics of the nozzle of the sprinkler (as disclosed in col 3, lines 53-55 of Scott).
Regarding claim 14, Renquist and Scott teach the sprinkler indicator of claim 13 wherein the identifying information includes coloring coordinated with a predetermined use or feature of a sprinkler (as disclosed in col 3, lines 55-58 of Scott, the identifying information uses color to show precipitation rate of the sprinkler).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Renquist et al (U.S. 2012/0205467) in view of Ericksen et al (U.S. 7,090,146).
Regarding claim 18, Renquist teaches the irrigation device of claim 12. However, Renquist does not teach the indicator wherein the flange includes a perimeter with an inconsistent profile for gripping.
Ericksen teaches (140) an irrigation sprinkler that comprises a screw (120), wherein the screw has a flange with an inconsistent profile (defined by ridges 140) for gripping (see col 10, lines 10-15).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Renquist to incorporate the teachings of Ericksen to provide the indicator, i.e. screw 106, with an inconsistent profile around the flange in order to facilitate gripping, and be able to manipulate by hand (as disclosed in col 10, lines 10-15 of Ericksen).
Regarding claim 19, Renquist and Ericksen teach the sprinkler indicator of claim 18 wherein the inconsistent profile includes protrusions and/or recesses (the profile is defined by ridges 140, i.e. protrusions, see Fig 2 of Ericksen).
Annotated figures of Renquist:
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
Prosecution Insights