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 1-12 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: “the sprinkler region having a unified sub-assembly” and “the run-over region having a unified sub-assembly”. Then lines 15-16 disclose: “the secondary spring is configured to actuate vertical motion of at least a part of the sprinkler region, as a unified sub-assembly, within the second cavity in a second mode of operation”. It is unclear if the limitation of lines 15-16 is referring to a third “unified sub-assembly” or if it is referring to the unified sub-assembly of either the sprinkler region or the run-over region. This ambiguity renders the claim indefinite. Clarification is required.
Independent claim 1 discloses: “the secondary spring is configured to actuate vertical motion of at least a part of the sprinkler region, as a unified sub-assembly, within the second cavity in a second mode of operation, the secondary spring includes a plurality of coils, and the plurality of coils are in an expanded form when the device is operating in a default state, and the plurality of coils are compressed together when the device transitions to a second mode of operation from the default state or the first mode of operation”. Here a second mode of operation is claimed. This is considered double inclusion, which renders the claim indefinite because it is unclear if there are one or more than one second modes of operation. For examination purposes and based on disclosure, Examiner will interpret these limitations as being the same, i.e. there is only one second mode of operation.
Claims 2-12 are indefinite for depending on claim 1.
Claim 9 discloses: “wherein the sprinkler region includes a pair of distal piston stoppers, and the distal piston stoppers prevent the sprinkler region from descending out of the run-over region”. Examiner notes that based on the configuration of the sprinkler region being inserted into a portion of the run-over region, the language of “descending out of” does not make sense. There are two ways to interpret this limitation. One is: the distal piston stoppers prevent the sprinkler region from descending into the run-over region. Another way to interpret this is: the distal piston stoppers prevent the sprinkler region from sliding out of the run-over region. Examiner notes that the sprinkler region descending out of the run-over region does not quite make sense based on disclosure and drawings. This renders the claim indefinite.
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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (U.S. 6,629,648).
Regarding claim 1, as best understood, Jones teaches an anti run-over (ARO) sprinkler device (10, seen in Figs 1-3) comprising:
a unified structure (defined by cap 26, riser unit 13, and housing 11) including a sprinkler region (shown below) and a run-over region (shown below);
the sprinkler region having a unified sub-assembly including a primary housing (housing of riser unit 13, seen in Figs 1-3), a first cavity (shown below), a piston (14), wherein the first cavity encloses the piston (as seen below);
the piston including a nozzle (15), a riser stem (defined by upper portion of the piston; Note: Examiner is interpreting the riser stem in the same manner that is portrait in Applicant’s drawings: the stem is the upper part of the piston), and a primary spring (30), wherein the nozzle is attached to a proximate end (upper end) of the riser stem (as seen in Figs 1-2), and the riser stem is enclosed in the primary spring (the stem surrounded by the primary spring 30, see Fig 2);
the run-over region having a unified sub-assembly including a secondary housing (housing 11), a second cavity (shown below), a secondary spring (22), and a water inlet (32);
the primary spring is configured to actuate vertical motion of the piston within the first cavity of the primary housing in a first mode of operation (when water enters the inlet, the piston 14 moves upwards to expose the nozzle 15 to the environment and spray water, as disclosed in col 4, lines 15-21), the primary spring includes a plurality of coils (shown below), and the plurality of coils are in an expanded form when the device is operating in a default state (default state is when water supply is cut-off thus lack of pressure allows for the spring 30 to expand and the riser to retract into the first cavity, see Fig 2 and col 4, lines 22-26), and the plurality of coils are compressed together when the device transitions to a first mode of operation from the default state (first mode is when water is supplied which causes the piston to rise and the spring 30 to compress; as disclosed in col 4, lines 3-6);
the secondary spring (22) is enclosed within the secondary housing below the first cavity (as seen in Fig 2 and shown below), the secondary spring is configured to actuate vertical motion of at least a part of the sprinkler region (col 3, lines 56-59 disclose the secondary spring 22 biasing the riser unit 13 of the sprinkler region upwards), as a unified sub-assembly (as best understood, the riser unit 13 moves is biased in unison with the cartridge 21 and spring 22), within the second cavity in a second mode of operation (second mode of operation is when an external force presses downwards on the top of device 10), the secondary spring includes a plurality of coils (shown below), and the plurality of coils are in an expanded form when the device is operating in a default state (coils of second spring 22 are expanded in the default state, i.e. when there is no water supply; this is seen in Fig 2, which shows the spring 22 expanded and contacting cartridge 21 which is held in place by catches 23 regardless of water supply or not; see col 3, lines 59-64), and the plurality of coils are compressed together when the device transitions to said second mode of operation from the default state or the first mode of operation (whether the device is in its default state, i.e. no water supply, or in the first mode of operation, i.e. when water is supplied, if someone or something applies an external downward force on the device 10, this force will unlatch the catches 23, due to their shape seen in Fig 2-3, and will cause the riser unit 13 and the cartridge 21 to slide downwards against the second spring 22, which will cause its coils to compress, as claimed).
Regarding claim 2, Jones teaches the device of claim 1 wherein the first mode of operation is triggered when pressure is received in the first cavity from the water inlet (first mode is when water is supplied via inlet 32, which sends water to impact plate 34 located in the first cavity; thus pressure is received in the first cavity from the inlet, as claimed).
Regarding claim 3, Jones teaches the device of claim 2 wherein the pressure from the water inlet causes the plurality of coils of the primary spring to compress (water pressure against impact plate 34 causes the coils of primary spring 30 to compress in order to allow the riser unit 30 to rise, see col 4, lines 3-6).
Regarding claim 4, Jones teaches the device of claim 3 wherein the plurality of coils of the primary spring are expanded when the pressure from the water inlet stops (as seen in Fig 2 and disclosed in col 4, lines 22-26).
Regarding claim 5, Jones teaches the device of claim 1 wherein the second mode of operation is triggered when pressure is received in the second cavity from the sprinkler region (second mode of operation is when an external force presses downwards on the top of device 10; that is if someone or something applies an external downward force on the device 10, this force will unlatch the catches 23, due to their shape seen in Fig 2-3, and will cause the riser unit 13 of the sprinkler region and the cartridge 21 to slide downwards against the second spring 22, which will cause a pressure in the second cavity, as claimed).
Regarding claim 6, Jones teaches the device of claim 5 wherein the sprinkler region causes pressure on the secondary spring when downward pressure is received at a proximate end of the device (in the second mode of operation, the riser unit 13 of the sprinkler region is pressed down externally, i.e. from the proximal/upper end, onto the second spring 22 via the cartridge 21).
Regarding claim 7, Jones teaches the device of claim 5 wherein the pressure causes the plurality of coils of the second spring to compress (in the second mode of operation, the riser unit 13 of the sprinkler region is pressed down externally onto the second spring 22 thus compressing its coils).
Regarding claim 8, Jones teaches the device of claim 7 wherein the plurality of coils of the secondary spring are expanded when the pressure ceases (as disclosed in col 3, lines 57-59, the secondary spring 22 is configured to bias the riser unit 13 upwards; as such, when external downward pressure on the device 10 ceases, the spring 22 expands back to its default position).
Regarding claim 9, as best understood, Jones teaches the device of claim 1 wherein the sprinkler region includes a pair of distal piston stoppers (shown below, which are at the distal/downward end in relation to the piston 14), and the distal piston stoppers prevent the sprinkler region from descending out of the run-over region (as best understood, the stoppers prevent the sprinkler region from detaching from the run-over region, as seen below, thus reading on claim language) .
Regarding claim 10, Jones teaches the device of claim 1, wherein the sprinkler region and the run-over region share an overlapping region (shown below).
Regarding claim 11, Jones teaches the device of claim 1, wherein the primary spring is a cylindrical retraction spring (the primary spring 30 is cylindrical and retracts when water pressure is introduced; Applicant does not provide a special definition of “retraction spring”. In fact, Applicant discloses in Par 0030: “the primary spring may include a cylindrical retraction spring which includes a plurality of coils that are configured to operate in either an expanded state (i.e., the default state of the plurality of coils) or a compressed state”. Examiner notes that spring 30 of Jones works in the same manner, thus reading on claim language).
Regarding claim 12, Jones teaches the device of claim 1, wherein the secondary spring is a cylindrical retractable spring (the secondary spring 22 is cylindrical and retracts when an external downward force is applied to the device 10; Applicant does not provide a special definition of “retractable spring”. In fact, Applicant discloses in Par 0033: “The secondary spring may include a cylindrical retraction spring which includes a plurality of coils that are configured to operate in either an expanded state (i.e., the default state of the plurality of coils) or a compressed state”. Examiner notes that spring 22 of Jones works in the same manner, thus reading on claim language).
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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
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752