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
Applicant’s election without traverse of group I, claims 1-10 in the reply filed on 6/1/2026 is acknowledged.
Claims 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/1/2026.
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 2-4 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 2 recites the limitation "the nozzle guard" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The remainder of the claims are rejected for depending from a rejected base claim.
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, 6, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker (2,796,293).
Regarding claim 1, Becker shows a sprinkler head nozzle assembly (fig 3) comprises: a body (31) including at least a first opening (32) configured to allow water to pass therethrough; a flow control (50) element mounted in the body (50 is located inside 31 in the lowered position as shown in figure 1) to control a flow of water through the sprinkler head nozzle assembly; a flow director (49) positioned downstream of the flow control element (fig 3), the flow director including at least one angled opening (54) configured to direct water upward in a helical pattern; a deflector (47) positioned downstream of the flow director (part of 47 is downstream of 49) and including a central opening (46) configured to direct water out of the sprinkler head nozzle assembly; and a nozzle cover (43) positioned downstream of the deflector and movable from a closed position (fig 1) in which it covers the central opening (43 covers 46 from view in the position shown in figure 1) and an open position (fig 2) in which it is spaced from the central opening such that water passes out of the central opening.
Regarding claim 2, further comprising a rod (45), movably mounted in the sprinkler head nozzle assembly (it rotates and moves up and down with respect to 31), wherein the nozzle guard is attached to a top of the rod such that the rod moves the nozzle guard from the closed position to the open position (fig 3).
Regarding claim 3, further comprising a movable element (53) mounted in the sprinkler head, wherein the movable element is biased in a lowered position (fig 1, biased by gravity) and movable to a raised position (fig 2), wherein the movable element is operably connected to the rod to move the rod from the closed position to the open position (fig 3).
Regarding claim 4, wherein the rod includes a ridge (the head of 45 labeled 51) extending radially outward around the rod at a bottom thereof (fig 3), wherein the ridge engages the movable element such that the rod moves up and down in the sprinkler head nozzle assembly with the movable element.
Regarding claim 6, wherein the flow control element includes at least a second opening (54`) and the flow control element is movable relative to the body to move at least the second opening into and out of alignment with at least the first opening to control flow of water.
Regarding claim 9, wherein the flow director includes a plurality of angled openings (54) configured to direct water upward in a helical pattern.
Regarding claim 10, wherein a periphery of the central opening of the deflector includes a beveled edge (fig 6) configured to direct water out of the sprinkler head nozzle assembly.
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) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker (2,796,293) in view of Sesser et al. (2004/0227007).
Regarding claim 5, Becker shows all aspects of the applicant’s invention as in claim 1, but fails to disclose a filter provided upstream from the body and configured to provide water to the body.
Sesser et al. shows a filter (16) upstream from the body.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add the filter of Sesser et al to the body of Becker, and have it upstream of the body, in order to filter any incoming fluid.
Regarding claim 7, in the above combination of Becker as modified by Sesser et al. the openings in the filter are being considered the plurality of first openings configured to allow water to pass through the body.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker (2,796,293) in view of Luo (2021/0237104).
Regarding claim 7, Becker shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the body includes a plurality of first openings configured to allow water to pass through the body and the flow control element includes a plurality of second openings, wherein the flow control element is movable relative to the body to move the plurality of second openings into and out of alignment with the plurality of first openings to control flow of water.
However, Luo teaches a sprinkler with a flow control element (9), the body includes a plurality of first openings (8a) configured to allow water to pass through the body and the flow control element includes a plurality of second openings (9a), wherein the flow control element is movable relative to the body to move the plurality of second openings into and out of alignment with the plurality of first openings to control flow of water [0042].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add the multiple body openings and flow control element of Luo to the sprinkler of Becker, in order to adjust the flow of water passing through the sprinkler as taught by Luo [0042].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Clark et al. (2009/0224070) and Costa (3,415,453).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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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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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 7/6/2026
