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 1 (figs 1-7 & 11-13) in the reply filed on 3/30/26 is acknowledged. Applicant submits that claims 1, 2 and amended claim 4 read on the elected group. Claims 1, 2 and 4 are examined below and claims 3 and 5 are withdrawn.
Claim Rejections - 35 USC § 102
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 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,278,238 to Thau, Jr. et al.
Regarding claim 1, Thau ‘238 discloses a center bracket 12 for a sprinkler 10, comprising: a base frame 38 configured to surround a first outer circumferential region that is 1/4 region of 360° of an outer circumferential surface of a flexible pipe 26/14 for a sprinkler that surrounds a frame bar 16 on three surfaces along a length of the frame bar 16 (figs. 1 and 5-6), which is disposed in parallel with a ceiling to support the flexible pipe 26/14 having a cylindrical outer circumference (fig. 1), and is disposed perpendicularly to the length of the frame bar 16 (figs. 1 and 5-6); a front frame 48 protruding forward further than the frame bar 16 from a front end of the base frame 38 and configured to surround and support a second outer circumferential region of the flexible pipe 26/14 (figs. 2D, 3 and 5-6); a rear frame 46 protruding forward further from the frame bar 16 from a rear end of the base frame 38, disposed in parallel with the front frame 48, configured to surround a third outer circumferential region facing the second outer circumferential region of the flexible pipe 26/14; a finish frame 40 fixed to a rotary member 62/64 disposed at an end of the rear frame 46 and configured to cover a portion 58 between the front frame 48 and the rear frame 46 and surround a fourth outer circumferential region facing the first outer circumferential region of the flexible pipe 26/14; and a fixing member 44/68 configured such that the finish frame 40 is fixed to the front frame 48 through a second finish hole (in hook 90) formed at an end of the finish frame 40 and a first finish hole (at position 88) formed at the front end of the front frame 48 (figs 2D and 3).
Allowable Subject Matter
Claims 2 and 4 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure to be used in subsequent office action rejections ,as applicable.
The list of supports is as follows: US-9278238-B2 OR US-11168834-B2 OR US-8474199-B2 OR US-9004422-B2 OR US-20150377386-A1 OR US-20100264281-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632
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