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 .
Election/Restrictions
Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 11, 2026.
Applicant's election with traverse of Group I, claims 1-10 in the reply filed on March 11, 2026 is acknowledged. The traversal is on the ground(s) that the office action does not set forth serious search burden. This is not found persuasive because the inventions have acquired a separate status in the art in view of their different classification and the inventions require a different field of search.
The requirement is still deemed proper and is therefore made FINAL.
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 2, 3, 5 and 7-10 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.
In claim 2, line 2, the recitation of “the coating” lacks antecedent basis. The phrase should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 3, line 2, the recitation of “the coating” lacks antecedent basis. The phrase should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 5, lines 2 and 3, the recitation of “the coating” lacks antecedent basis. The phrases should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 7, lines 2-4, the recitation of “the coating” lacks antecedent basis. The phrases should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 8, line 2, the recitation of “the coating” lacks antecedent basis. The phrase should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 9, line 2, the recitation of “the coating” lacks antecedent basis. The phrase should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
In claim 10, line 2, the recitation of “the coating” lacks antecedent basis. The phrase should be changed to --the sol-gel material coating-- in order to provide proper antecedent basis and to clearly define the invention.
Allowable Subject Matter
Claims 1, 4 and 6 are allowed.
Claims 2, 3, 5 and 7-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 of claims 1, 4 and 6: The closest prior art being Ballard ‘343, Green ‘140, Shields et al ‘278 and Thompson ‘207 did not teach or suggest separately or in combination a sprinkler as claimed by the applicant, specifically a sprinkler comprising a body having an internal passageway extending between an inlet and an outlet; a seal coupled with the outlet, the seal having a sol-gel material coating; and a thermal trigger between the deflector and the seal, the thermal trigger to allow the seal to be released from the outlet responsive to a fire condition, together in combination with the other claimed features of applicant’s invention. All of the references taught a PTFE or Teflon coating for the seal in which the specification of the instant application specifically disclosed against using in favor of a sol-gel coating.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ballard ‘343, Green ‘140, Shields et al ‘278 and Thompson ‘207 disclose sprinklers using PTFE and Teflon coatings for the seal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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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.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
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