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 .
Status of Claims
Currently claims 1-8 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: limiting member in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-8 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 recites the limitation "the water inlet end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the opposite axial end" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the water outlet end" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the axis" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " the radial outer periphery " in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the direction" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the other end" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the circular center" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the diameter" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the end" in line 22. There is insufficient antecedent basis for this limitation in the claim. This end referencing the rotating body remote form the abutting segment.
Claim 1 recites the limitation "the end" in line 24. There is insufficient antecedent basis for this limitation in the claim. This end reference the convergent segment.
Claim 1 recites the limitation "the radial center" in line 27. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the interior" in line 29. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the cone angle" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the cone angle" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the cone angle" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the rotary sprinkler head" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the shell body" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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) 1-2, 4, and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fabri (U.S. 6,155,494) in view of Jager (U.S. 2018/0345303).
With respect to claim 1, Fabbri discloses a rotary sprinkler head (figure 1, having a nozzle 20 rotates, abstract), comprising a shell-shaped main body (shell body of the outer casing 5 and 6), a rotating body (rotating body 5), and a limiting member (30), wherein the interior of the main body forms a chamber (20) in which the rotating body is accommodated (See figure 1), one axial end of the main body is designated as the water inlet end (water inlet at 6), and the opposite axial end is designated as the water outlet end (end at 11), a virtual first axis line runs along the axis of the chamber (being the axis labeled “A”), extending from the water inlet end to the water outlet end (as seen in figure 1), the limiting member is positioned at the water inlet end (as shown in figure 1) and delimits the rotating body within the chamber (as 20 is delimited from going lower by 30), the chamber includes an annular first space (space between 13 and 25) and a second space (between 20 and 30), the first space extends to connect with the second space and surrounds the radial outer periphery of the rotating body (as shown in figure 1), while the second space is situated between the rotating body and the limiting member (as shown in figure 1);
the main body forms a conical surface (conical surface of 5, see figure 1, on the outside) surrounding the chamber in an annular manner (as it surrounds the chamber in an annular manner), the first axis line passes through the circular center of the conical surface (as seen in figure 1), and the diameter of the conical surface decreases along the first axis line from the water inlet end toward the water outlet end (as shown in figure 1);
the rotating body (20) forms an abutting segment (top of 22) and a convergent segment along its axis (see figure 1, the converging section within 20 of flow path 21), where one end of the abutting segment abuts each positioning stop (see below combination of the abutting each positioning stop, as the top of 22 abuts 14, it would thus abut the positioning stop), the convergent segment is adjacent to the end of the rotating body remote from the abutting segment (being the converging section at the bottom of 20, remote from 22), the radial outer periphery of the convergent segment is conical (as shown in figure 1), and its outer diameter increases along the axis of the rotating body from the end of the convergent segment adjacent to the abutting segment toward the other end (as shown in figure 1, where the outer diameter decreases from the area where 22 is to where 21 is indicating in figure 1, as shown where 10 opens up), the convergent segment and the conical surface are radially opposed (as seen in figure 1), a flow guiding passage extends through the abutting segment to connect with the water outlet passage (flow passage 24), a virtual second axis line is defined passing through the radial center of the flow guiding passage (being the axis line of 24, angled different from the central axis), and the second axis line obliquely intersects the first axis line (as shown in figure 1), a conical flow converging passage penetrates the interior of the convergent segment along its axis to connect the flow guiding passage and the second space (being the conical flow passage shown in figure 1, adjacent that of 22), and the inner diameter of the flow converging passage increases from the end near the flow guiding passage to the other end (as shown in figure 1, where the inner diameter increases from 22 down to the end adjacent 30); and
the limiting member (30) is axially penetrated by a water inlet port (inlet port of 31), which is connected to the second space (as shown in figure 1), allowing water to enter the second space through the water inlet port and then flow through the first space (as shown in figure 1) and the flow guiding passage (as shown in figure 1, as it would then flow within the element 20 and out 11), thereby causing the rotating body to rotate about its own axis and perform a vortex-like circular motion with the first axis line as the center (as 20 rotates with 25, as water from 31 then hits 25 and rotates it in a “vortex” like circular motion, as it rotates). Fabbri fails to disclose the main body features multiple positioning stops spaced apart from each other and connected to the water outlet end, a water outlet passage extends through the side of each positioning stop facing the direction of the first axis line, one end of the water outlet passage is connected to the chamber, and the other end extends to the water outlet end, multiple discharge passages are formed between adjacent positioning stops, each discharge channel connects the water outlet passage and the first space, and each discharge channel extends to the water outlet end.
Jager discloses, figures 2-4, the main body (11 with 17) features multiple positioning stops spaced apart from each other (being the stops formed by 45, figure 4) and connected to the water outlet end (as shown in figure 2), a water outlet passage extends through the side of each positioning stop facing the direction of the first axis line (being the water outlet at 25 that extends through 17, where there are multiple recesses 43 which fluidly communicate with 25 about it and between the stops 45), one end of the water outlet passage is connected to the chamber (as the water outlet has an end connected to the chamber within 11), and the other end extends to the water outlet end (as shown in figures 2-4), multiple discharge passages (43) are formed between adjacent positioning stops (see figure 4), each discharge channel connects the water outlet passage and the first space (as fluid from the first space, which is about the interior nozzle that rotates, is in fluid communication with the discharge channel), and each discharge channel extends to the water outlet end (as shown in figures 2-4). Jager discloses that such element (being a bearing) allows for a dual sided bearing that improves the service life of the bearing (paragraph 0006).
It would have been obvious to one having ordinary skill in the art before the effective filing date to incorporate the bearing 17 of Jager into the system of Fabbri, as doing so would improve the service life of the nozzle of Fabbri, the noted bearing being reversible and the structure found therein being utilized.
With respect to claim 2, Fabbri as modified discloses an angle is formed between the second axis line and the first axis line (as shown in figure 1), but fails to disclose this angle is between 1 and 6 degrees. It would have been obvious to one having ordinary skill in the art before ethe effective filing date of the claimed invention to utilize an angle between 1 and 6 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill I the art. MPEP 2144.05(II-A). Please note in the instant application no specific criticality was found for the range, other then it being the optimum/workable range.
With respect to claim 4, Fabbri discloses the cone angle of the radial outer periphery of the convergent segment (being the cone angle between 20 and 20’) is greater than the cone angle of the conical surface (a shown in figure 1, where the angle at 20 to 20’ is larger than that of the conical surface of 5), and the cone angle of the flow converging passage is greater than the cone angle of the conical surface (as shown in figure 1, as the conical angle formed at the bottom of 21 has an angle larger then that shown in 5).
With respect to claim 7, Fabbri discloses the inner diameter of the water inlet port (figure 1, that at 31) is smaller than the inner diameter of the flow converging passage (being the inlet to 21) on the side closer to the water inlet port (as shown in figure 1).
With respect to claim 8, Fabbri discloses the rotary sprinkler head is placed inside the shell body (as shown in figure 1), and the water outlet passage is connected to the exterior of the shell body (as shown in figure 1, where 7 is connecting), the interior of the shell body forms a flow path, one end of the flow path is used to connect to a water supply pipe (7), and the other end of the flow path is connected to the water inlet port (at 6, see figure 1).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fabbri in view of Jager as applied to claim 1 above, and further in view of Wright (U.S. 7,635,096).
With respect to claim 3, Fabbri discloses the rotating body, the first space, and the flow guiding passage, but fails to disclose the rotating body laterally forms a connecting passage connecting the first space and the flow guiding passage.
Wright, column 4 rows 1-20, discloses a connecting passage 20 which connects from the flow guiding passage (11) with the first space (about the nozzle) allowing for a force to be used and prevent force acting on a bearing (or any bearing).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the connecting passage of Wright into the system of Fabbri, to further take force off of the front face of the nozzle and prevent wear.
Allowable Subject Matter
Claims 5-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose “the main body forms multiple surrounding blocks annularly surrounding the radial outer part of the abutting segment, each discharge channel extends between two adjacent surrounding blocks, and the first space extends between each surrounding block and the abutting segment, connection to each discharge channel. “
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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 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.
/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752