DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 8-10 and 22-24 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 8, lines 3 and 4, the phrase “the outlet direction” lacks antecedent basis. Antecedent basis is provided in claim 15, line 2, therefore, either have the dependency changed from claim 1 to claim 15 or incorporate the language of claim 15 into claim 8.
In claim 22, line 14, the phrase “the outlet direction” lacks antecedent basis. Antecedent basis is provided in claim 15, line 2, therefore, incorporate the language of claim 15 into claim 22 to provide proper antecedent basis for “the outlet direction”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 18-21 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 is essentially a duplicate of claim 8 and does not further limit the subject matter of the claim from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 8,887,822.
As to claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a flexible dry sprinkler comprising: a flexible tube having a first end and a second end; an inlet attached to the first end of the flexible tube, the inlet defining an inlet orifice operatively sealed by an inlet seal assembly; an outlet attached to the second end of the flexible tube, the outlet defining an outlet orifice operatively sealed by an outlet seal assembly; and a flexible linkage extending between the inlet and the outlet through the flexible tube, the flexible linkage constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position, wherein the flexible linkage is supported by the outlet seal assembly in the first position and the flexible linkage is constructed to axially translate toward the outlet when the outlet seal assembly is released. Claim 1 of the instant application is broader in scope than claim 1 of U.S. Patent No. 8,887,822 and is therefore, encompassed in claim 1 of U.S. Patent No. 8,887,822.
As to claim 2, see claim 7 of U.S. Patent No. 8,887,822.
As to claim 3, see claim 8 of U.S. Patent No. 8,887,822.
As to claims 4-6, see claim 1 of U.S. Patent No. 8,887,822.
As to claim 7, see claim 3 of U.S. Patent No. 8,887,822.
As to claim 8, see claim 9 of U.S. Patent No. 8,887,822.
As to claims 9 and 10, see claim 10 of U.S. Patent No. 8,887,822.
As to claims 11-13, see claims 4-6 of U.S. Patent No. 8,887,822.
As to claims 14-16, see claim 1 of U.S. Patent No. 8,887,822.
As to claim 17, see claim 2 of U.S. Patent No. 8,887,822.
As to claims 18-21, see claims 9-12 of U.S. Patent No. 8,887,822.
As to claim 22, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a flexible dry sprinkler comprising: a flexible dry sprinkler comprising: a flexible tube having a first end and a second end; an inlet attached to the first end of the flexible tube, the inlet defining an inlet orifice operatively sealed by an inlet seal assembly; an outlet attached to the second end of the flexible tube, the outlet defining an outlet orifice operatively sealed by an outlet seal assembly; and a flexible linkage extending between the inlet and the outlet through the flexible tube, the flexible linkage constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position, wherein the flexible linkage is supported by the outlet seal assembly in the first position and the flexible linkage is constructed to axially translate toward the outlet when the outlet seal assembly is released, wherein the inlet includes an inlet biasing member constructed to bias the flexible linkage in an inlet direction, and the outlet includes an outlet biasing member is constructed to bias the flexible linkage in the outlet direction. Claim 22 of the instant application is broader in scope than claims 1 and 9 of U.S. Patent No. 8,887,822 and is therefore, encompassed in claims 1 and 9 of U.S. Patent No. 8,887,822.
As to claims 23 and 24, see claim 10 of U.S. Patent No. 8,887,822.
As to claim 25, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a flexible dry sprinkler system comprising: one or more flexible dry sprinklers, each flexible dry sprinkler comprising: a flexible tube having a first end and a second end; an inlet attached to the first end of the flexible tube, the inlet defining an inlet orifice operatively sealed by an inlet seal assembly; an outlet attached to the second end of the flexible tube, the outlet defining an outlet orifice operatively sealed by an outlet seal assembly; and a flexible linkage extending between the inlet and the outlet through the flexible tube, the flexible linkage constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position, wherein the flexible linkage is supported by the outlet seal assembly in the first position and wherein the flexible linkage is constructed to axially translate toward the outlet when the outlet seal assembly is released; and a fluid supply conduit in fluid communication with a fluid source and in fluid communication with the one or more flexible dry sprinklers. Claim 25 of the instant application is broader in scope than claim 13 of U.S. Patent No. 8,887,822 and is therefore, encompassed in claim 13 of U.S. Patent No. 8,887,822.
As to claim 26, see claim 14 of U.S. Patent No. 8,887,822.
As to claim 27, see claim 19 of U.S. Patent No. 8,887,822.
As to claim 28, see claim 20 of U.S. Patent No. 8,887,822.
As to claim 29, see claim 13 of U.S. Patent No. 8,887,822.
As to claim 30, see claim 15 of U.S. Patent No. 8,887,822.
As to claims 31-34, see claim 13 of U.S. Patent No. 8,887,822.
As to claim 35, see claim 16 of U.S. Patent No. 8,887,822.
As to claim 36, see claim 18 of U.S. Patent No. 8,887,822.
As to claim 37, see claim 17 of U.S. Patent No. 8,887,822.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4-8, 14, 15, 18, 22, 25, 26, 27, 29, 30, 31, 33 and 34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2010/0038099 A1(Thompson et al.), hereinafter referred to as Thompson, in view of US 2005/0284644 A1(MacDonald, III et al.), hereinafter referred to as MacDonald.
Referring to claim 1, Thompson discloses a dry sprinkler (90 degree dry-type horizontal sidewall sprinkler assembly 10, para. 0020, fig. 3) comprising: a tube (sprinkler body 12 is mounted to housing 20 and consists of horizontal segment 22 and vertical segment 24 attached to inlet body 26, para. 0020, fig. 3) having an inlet at a first end of the tube (vertical segment 24 attached to inlet body 26, para. 0020, fig. 3) and having an outlet at a second end of the tube (sprinkler body 12 is mounted to the horizontal segment 22, para. 0020, fig. 3; sprinkler includes a base having a passage extending therethrough and defining an outlet opening, para. 0004, fig. 3), the inlet defining an inlet orifice (inlet opening 30, fig. 3) operatively sealed by an inlet seal assembly (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3), and the outlet defining an outlet orifice operatively sealed by an outlet seal assembly (pip cap 16, fig. 3; sprinkler assembly 16 includes a sprinkler body 12 mounted to the horizontal segment 22 and the sprinkler body 12 includes thermally responsive element 14 mounted thereto which engages a support plug or pip cap 16, para. 0020, fig. 3); and a flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104 and including a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028, fig. 3; as depicted in fig. 3, the links 106 and 108 flex at their pivot locations to form a ninety degree angle, fig. 3) extending between the inlet and the outlet (horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028, fig. 3) through the tube (translation mechanism 100 is inside horizontal segment 22 and vertical segment 24, fig. 4), the flexible linkage (translation mechanism 100, fig: 3) constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position (translation mechanism 100, fig. 3; figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3), wherein the flexible linkage is supported by the outlet seal assembly in the first position (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; horizontal link 106 engages cap 16, para. 0028, fig. 3) and wherein the flexible linkage is constructed (the horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028) to axially translate toward the outlet when the outlet seal assembly is released (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3). However, Thompson fails to disclose a flexible sprinkler comprising a flexible tube, an inlet attached to the first end of the flexible tube, and an outlet attached to the second end of the flexible tube,. MacDonald is in the field of fire suppression sprinkler systems (para. 0003) and teaches a flexible sprinkler comprising a flexible tube (fire suppression sprinkler system 10 includes a manifold 12 that supplies fire suppression fluid to a set of sprinkler heads. 14 via flexible sprinkler head conduits 16, para. 0030, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a flexible sprinkler comprising a flexible tube as taught by MacDonald for the sprinkler of Thompson. The motivation would have been to enable the sprinkler system to be easier to install by allowing the supply lines to flex around obstructions in the building. MacDonald is in the field of fire suppression sprinkler systems (para. 0003) and teaches wherein the inlet is attached to the first end of the flexible tube (as depicted in fig. 1, the inlet is attached to the first end of the flexible sprinkler head conduit 16 at the manifold 12, fig. 1) and the outlet is attached to the second end of the flexible tube (as depicted in fig. 1, the second end of the sprinkler head conduit 16 is attached to the outlet at the sprinkler head 14, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the inlet is attached to the first end of the flexible tube and the outlet is attached to the second end of the flexible tube as taught by MacDonald for the system of Thompson. The motivation would have been to enable the sprinkler system to be easier to install by allowing the supply lines to flex around obstructions in the building.
Referring to claim 2, modified Thompson discloses the dry sprinkler according to claim 1, and further discloses wherein the inlet includes a connection portion for connection to a fluid supply (valve end of the sprinkler is screwed into or otherwise attached to a fitting in the water supply piping, para. 0003; inlet body 26 can be provided with a threaded exterior engagement portion 38 for threaded engagement with a fitting 40 of a piping system 42, para. 0021, fig. 3).
Referring to claims 4, 5 and 14, modified Thompson discloses the sprinkler according to claim 1, and further discloses wherein the inlet (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) includes a release unit (thermally responsive element 14 engages a support plug or pip cap 16, para. 0020, fig. 3) constructed to operatively release the inlet seal assembly (when the heat sensitive trigger releases support of the cap, the translation mechanism is allowed to move within said housing to allow the plug member to dislodge from the inlet opening, para. 0004, fig. 3), wherein the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104, a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028) is constructed (the horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028) to operate the release unit when the flexible linkage translates from the first position to the second position (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3).
Referring to claim 6, modified Thompson discloses the sprinkler according to claim 1, and further discloses wherein the outlet seal assembly includes a thermally responsive element and an outlet seal supported by the thermally responsive element (sprinkler body 12 includes thermally responsive element 14 mounted thereto which engages a support plug or pip cap 16, para. 0020, fig. 3), and wherein in a case where the thermally responsive element is in a responsive state, the outlet seal is released (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3).
Referring to claim 7, modified Thompson discloses the sprinkler according to claim 6, and further discloses wherein the outlet includes a fire sprinkler which supports the thermally responsive element (sprinkler assembly 10 includes a sprinkler body 12 including a thermally responsive element 14 mounted thereto, para. 0020, fig. 3) and the outlet seal (thermally responsive element 14 engages a support plug end pipe cap 16, para. 0020, fig. 3).
Referring to claim 8 and 18, modified Thompson discloses the dry sprinkler according to claim 1, and further discloses wherein the inlet includes an inlet biasing member (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) constructed to bias the flexible linkage in an inlet direction (vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028, fig. 3), and wherein the outlet includes an outlet biasing member constructed to bias the flexible linkage in the outlet direction (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; as depicted in fig. 3, the vertical link 106 is biased in the direction of arrow A toward the outlet direction, fig. 3).
Referring to claim 15, modified Thompson discloses the sprinkler according to claim 1, and further discloses wherein the inlet seal assembly (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig.3) is released in response to the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104 and including a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028, fig. 3) translating in an outlet direction a predetermined distance to operate the inlet release mechanism (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3).
Referring to claim 22, Thompson discloses a dry sprinkler (90 degree dry-type horizontal sidewall sprinkler assembly 10, para. 0020, fig. 3) comprising: a tube (sprinkler body 12 is mounted to housing 20 and consists of horizontal segment 22 and vertical segment 24 attached to inlet body 26, para. 0020, fig. 3) having an inlet at a first end of the tube (vertical segment 24 attached to inlet body 26, para. 0020, fig. 3) and having an outlet at a second end of the tube (sprinkler body 12 is mounted to the horizontal segment 22, para. 0020, fig. 3; sprinkler includes a base having a passage extending therethrough and defining an outlet opening, para. 0004, fig. 3), the inlet defining an inlet orifice (inlet opening 30, fig. 3) operatively sealed by an inlet seal assembly (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3), and the outlet defining an outlet orifice operatively sealed by an outlet seal assembly (pip cap 16, fig. 3; sprinkler assembly 16 includes a sprinkler body 12 mounted to the horizontal segment 22 and the sprinkler body 12 includes thermally responsive element 14 mounted thereto which engages a support plug or pip cap 16, para. 0020, fig. 3); and a flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104 and including a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028, fig. 3; as depicted in fig. 3, the links 106 and 108 flex at their pivot locations to form a ninety degree angle, fig. 3) extending between the inlet and the outlet (horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028, fig. 3) through the tube (translation mechanism 100 is inside horizontal segment 22 and vertical segment 24, fig. 4), the flexible linkage (translation mechanism 100, fig: 3) constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position (translation mechanism 100, fig. 3; figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3), wherein the flexible linkage is supported by the outlet seal assembly in the first position (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; horizontal link 106 engages cap 16, para. 0028, fig. 3) and wherein the flexible linkage is constructed (the horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028) to axially translate toward the outlet when the outlet seal assembly is released (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3); further discloses wherein the inlet includes an inlet biasing member (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) constructed to bias the flexible linkage in an inlet direction (vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028, fig. 3), and wherein the outlet includes an outlet biasing member constructed to bias the flexible linkage in the outlet direction (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; as depicted in fig. 3, the vertical link 106 is biased in the direction of arrow A toward the outlet direction, fig. 3). However, Thompson fails to disclose a flexible sprinkler comprising a flexible tube, an inlet attached to the first end of the flexible tube, and an outlet attached to the second end of the flexible tube. MacDonald is in the field of fire suppression sprinkler systems (para. 0003) and teaches a flexible sprinkler comprising a flexible tube (fire suppression sprinkler system 10 includes a manifold 12 that supplies fire suppression fluid to a set of sprinkler heads. 14 via flexible sprinkler head conduits 16, para. 0030, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a flexible sprinkler comprising a flexible tube as taught by MacDonald for the sprinkler of Thompson. The motivation would have been to enable the sprinkler system to be easier to install by allowing the supply lines to flex around obstructions in the building. MacDonald is in the field of fire suppression sprinkler systems (para. 0003) and teaches wherein the inlet is attached to the first end of the flexible tube (as depicted in fig. 1, the inlet is attached to the first end of the flexible sprinkler head conduit 16 at the manifold 12, fig. 1) and the outlet is attached to the second end of the flexible tube (as depicted in fig. 1, the second end of the sprinkler head conduit 16 is attached to the outlet at the sprinkler head 14, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the inlet is attached to the first end of the flexible tube and the outlet is attached to the second end of the flexible tube as taught by MacDonald for the system of Thompson. The motivation would have been to enable the sprinkler system to be easier to install by allowing the supply lines to flex around obstructions in the building.
Referring to claim 25, a Thompson discloses a dry sprinkler system (90 degree dry-type horizontal sidewall sprinkler assembly 10, para. 0020, fig. 3) comprising: one or more dry sprinklers (90 degree dry-type horizontal sidewall sprinkler assembly 10, para. 0020, fig. 3) comprising: a tube (sprinkler body 12 is mounted to housing 20 and consists of horizontal segment 22 and vertical segment 24 attached to inlet body 26, para. 0020, fig. 3) having a first end and a second end (housing 20 has a first end and a second end, fig. 3), an inlet attached to the first end of the tube (vertical segment 24 attached to inlet body 26, para. 0020, fig. 3), the inlet defining an inlet orifice (inlet opening 30, fig. 3) operatively sealed by an inlet seal assembly (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3), an outlet attached to the second end of the tube (sprinkler body 12 is mounted to the horizontal segment 22, para. 0020, fig. 3; sprinkler includes a base having a passage extending therethrough and defining an outlet opening, para. 0004, fig. 3), the outlet defining an outlet orifice operatively sealed by an outlet seal assembly (pip cap 16, fig. 3; sprinkler assembly 10 includes a sprinkler body 12 mounted to the horizontal segment 22 and the sprinkler body 12 includes thermally responsive element 14 mounted thereto which engages a support plug or pip cap 16, para. 0020, fig. 3), and a flexible linkage extending between the inlet and the outlet through the tube, the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104 and including a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028, fig. 3; as depicted in fig. 3, the links 106 and 108 flex at their pivot locations to form a ninety degree angle, fig. 3) constructed to operatively release the inlet seal assembly responsive to axial translation of the flexible linkage from a first position to a second position (translation mechanism 100, fig. 3; figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3), wherein the flexible linkage is supported by the outlet seal assembly in the first position (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; horizontal link 106 engages cap 16, para. 0028, fig. 3) and wherein the flexible linkage is. constructed (the horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028) to axially translate toward the outlet when the outlet seal assembly is released (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the .housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3); and a fluid supply conduit in fluid communication with a fluid source and in fluid communication with the one or more dry sprinklers (valve end of the sprinkler is screwed into or otherwise attached to a fitting in the water supply piping, para. 0003; inlet body 26 can be provided with a threaded exterior engagement portion 38 for threaded engagement with a fitting 40 of a piping system 42, para. 0021, fig. 3). However, Thompson fails to disclose a flexible sprinkler comprising a flexible tube. MacDonald is in the field of fire suppression sprinkler systems (para. 0003) and teaches a system comprising a flexible tube (fire suppression sprinkler system 10 includes a manifold 12 that supplies fire suppression fluid to a set of sprinkler heads 14 via flexible sprinkler head conduits 16, para. 0030, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a flexible sprinkler comprising a flexible tube as taught by MacDonald for the system of Thompson. The motivation would have been to enable the sprinkler system to be easier to install by allowing the supply lines to flex around obstructions in the building.
Referring to claim 26, modified Thompson discloses the flexible dry sprinkler system according to claim 25, and further discloses wherein the fluid supply conduit is fluidly coupled to each inlet of the respective one or more flexible dry sprinklers (valve end of the sprinkler is screwed into or otherwise attached to a fitting in the water supply piping, para. 0003; inlet body 26 can be provided with a threaded exterior engagement portion 38 for threaded engagement with a fitting 40 of a piping system 42, para. 0021, fig. 3).
Referring to claim 27, modified Thompson discloses the dry sprinkler system according to claim 25, and further discloses wherein the inlet includes a connection portion for connection to the fluid supply conduit (valve end of the sprinkler is screwed into or otherwise attached to a fitting in the water supply piping, para. 0003; inlet body 26 can be provided with a threaded exterior engagement portion 38 for threaded engagement with a fitting 40 of a piping system 42, para. 0021, fig. 3).
Referring to claim 29, modified Thompson discloses the flexible dry sprinkler system according to claim 25, and further discloses wherein the outlet seal assembly includes a thermally responsive element and an outlet seal supported by the thermally responsive element (sprinkler body 12 includes thermally responsive element 14 mounted thereto which engages a support plug or pip cap 16, para. 0020, fig. 3), and wherein in a case where the thermally responsive element is in a responsive state, the outlet seal is released (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3) and fluid from the fluid supply is discharged through the outlet orifice (disengaging plug 32 from the inlet opening 30 allows water to flow through the sprinkler assembly 12, para. 0030).
Referring to claim 30, modified Thompson discloses the flexible dry sprinkler system according to claims 25 and 29, and further discloses wherein the outlet includes a fire sprinkler which supports the thermally responsive element (sprinkler assembly 10 includes a sprinkler body 12 including a thermally responsive element 14 mounted thereto, para. 0020, fig. 3) and the outlet seal (thermally responsive element 14 engages a support plug or pip cap 16, para. 0020,
fig. 3).
Referring to claim 31, modified Thompson discloses the flexible dry sprinkler system according to claim 25,.and further discloses wherein the inlet includes an inlet biasing member (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) constructed to bias the flexible linkage in an inlet direction (vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028, fig. 3), and wherein the outlet includes an outlet biasing member constructed to bias the flexible linkage in the outlet direction (torsion spring 109 is provided for biasing the pivot member in the direction of arrow A, para. 0028, fig. 3; as depicted in fig. 3, the vertical link 106 is biased in the direction of arrow A toward the outlet direction, fig. 3).
Referring to claim 33, modified Thompson discloses the flexible dry sprinkler system according to claim 25, and further discloses wherein the inlet (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) includes a release unit (thermally responsive element 14 engages a support plug or pip cap 16, para. 0020, fig. 3) constructed to operatively release the inlet seal assembly (when the heat sensitive trigger releases support of the cap, the translation mechanism is allowed to move within said housing to allow the plug member to dislodge from the inlet opening, para. 0004, fig. 3), wherein the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104, a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028) is constructed (the horizontal link 106 engages cap 16 while vertical link 108 engages plug 32 to support the plug 32 in the inlet opening 30, para. 0028) to operate the release unit when the flexible linkage translates from the first position to the second position (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3).
Referring to claim 34, modified Thompson discloses the flexible dry sprinkler system according to claims 25 and 33, and further discloses wherein the inlet seal assembly (plug member 32 is disposed in the inlet opening 30 and can include a spring washer 34 that engages a plug seat 36 for sealingly closing the inlet opening 30, para. 0021, fig. 3) is released in response to the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104 and including a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028, fig. 3) translating in an outlet direction a predetermined distance to operate the inlet release mechanism (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3).
Claims 11 and 35 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thompson et al in view of MacDonald, as applied to claims 1, 25 and 33 above, and further in view of US 6,336,509 B1(Polan et al ‘509).
Referring to claim 11, modified Thompson discloses the dry sprinkler according to claim 1, but fails to disclose wherein the inlet release unit includes a glass bulb supported by a yoke, wherein the yoke is supported by the inlet, and wherein the glass bulb is retained between the yoke and the inlet seal assembly. Polan ‘509 is in the field of early suppression fast response fire sprinklers (col. 3, lines 37-38) and teaches wherein the inlet release unit (trigger 130, fig. 8; trigger 130 includes glass bulb 136 which is mounted to releasably retain the closure 20 at the discharge end of the tubular body 12 closing the passageway 14 until the trigger 130 is activated, col. 9, lines 29-34, fig. 8) includes a glass bulb (glass bulb 136, fig. 8) supported by a yoke (yoke 134, fig. 8; yoke 134 has center circular opening 134a which receives and seats one longitudinal end of bulb 136; col. 9, lines 50-54, fig. 8 ), wherein the yoke is supported by the inlet (yoke 134 includes tabs 134c which extends through the windows 132c of levers 132 to releasably engage the levers, col. 9, lines 56-60, fig, 8), and wherein the glass bulb is retained between the yoke and the inlet seal assembly (as depicted in fig. 8, the bulb 136 is held between the yoke 134 and the pedestal 138 which is attached to the closure 20, fig. 8; closure 20 is releasably positioned at the end of the tubular body 12 to closes the passageway 14 until the trigger is activated, col. 3, lines 50-55, fig. 8). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the inlet release unit includes a glass bulb supported by a yoke, wherein the yoke is supported by the inlet, and wherein the glass bulb is retained between the yoke and the inlet seal assembly as taught by Polan for the sprinkler of Thompson. The motivation would have been to provide a fast heat activated trigger to start the flow of water through the sprinkler when there is a fire.
Referring to claim 35, modified Thompson discloses the flexible dry sprinkler system according to claims 25 and 33, but fails to disclose wherein the inlet release unit includes a glass bulb supported by a yoke, wherein the yoke is supported by the inlet, and wherein the glass bulb is retained between the yoke and the inlet seal assembly. Polan '509 is in the field of early suppression fast response fire sprinklers (col. 3, lines 37-38) and teaches wherein the inlet release unit (trigger 130, fig. 8; trigger 130 includes glass bulb 136 which is mounted to releasably retain the closure 20 at the discharge end of the tubular body 12 closing the passageway 14 until the trigger 130 is activated, col. 9, lines 29-34, fig. 8) includes a glass bulb (glass bulb 136, fig. 8) supported by a yoke (yoke 134, fig. 8; yoke 134 has center circular opening 134a which receives and seats one longitudinal end of bulb 136, col. 9, lines 50-54, fig. 8), wherein the yoke is supported by the inlet (yoke 134 includes tabs 134c which extends through the windows 132c of levers 132 to releasably engage the levers, col. 9, lines 56-60, fig. 8), and wherein the glass bulb is retained between the yoke and the inlet seal assembly (as depicted in fig. 8, the bulb 136 is held between the yoke 134 and the pedestal 138 which is attached to the closure 20, fig. 8; closure 20 is releasably positioned at the end of the tubular body 12 to closes the passageway 14 until the trigger is activated, col. 3, lines 50-55, fig. 8). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the inlet release unit includes a glass bulb supported by a yoke, wherein the yoke is supported by the inlet, and wherein the glass bulb is retained between the yoke and the inlet seal assembly as taught by Polan ‘509 for the system of Thompson. The motivation would have been to provide a fast heat activated trigger to start the flow of water through the sprinkler when there is a fire.
Claims 12 and 37 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thompson et al in view of MacDonald and Polan et al ‘509, as applied to claims 1, 11, 25, 33 and 35 above, and further in view of WO 01/54772 A1(Hansen et al), hereinafter referred to as Hansen.
Referring to claim 12, modified Thompson discloses the dry sprinkler according to claims 1 and 11, and further discloses wherein the rod (pin 90 connects vertical link 108 to legs 86, fig. 3; legs 86 transfer the load from the link to the pointed tip 88 at the center of the support 84 to secure the plug 32 against the seal seat 36, para. 0026, fig. 3) is constructed to be displaced by the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104, a horizontal link 106 connected to the pivot member 102 and a vertical link 108 also connected to the pivot member 102, para. 0028) when the flexible linkage is displaced (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3) at least the predetermined distance (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug member 32 to dislodge from the inlet opening 30 and the translation mechanism 60 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3). However, Thompson fails to disclose wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar, wherein the collar rod is constructed to be displaced by the linkage to break the bulb. Hansen is in the field of sprinkler for extinguishing fire (Pg. 1, Lns. 1-3) and teaches wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar (as depicted in fig. 7, cutter 71 surrounds ampule 5 and rod 74 is connected to the cutter 71, fig. 7), wherein the collar rod is constructed to be displaced by the linkage to break the bulb (figure 7 illustrates an alternative arrangement wherein the ampule 5 is cut in two by means of a cutter 71 that can be influenced by the pulling of a cable 74, Pg. 9, Lns. 26-29, fig. 7). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar, wherein the collar rod is constructed to be displaced by the linkage to break the bulb as taught by Hansen for the sprinkler of Thompson. The motivation would have been to provide a faster mechanical mechanism to break the glass bulb to release the water flow to the sprinkler in order to extinguish the fire.
Referring to claim 37, modified Thompson discloses the flexible dry sprinkler system according to claim 25, 33 and 35, and further discloses wherein the rod (pin 90 connects vertical link 108 to legs 86, fig. 3; legs 86 transfer the load from the link to the pointed tip 88 at the center of the support 84 to secure the plug 32 against the seal seat'36, para. 0026, fig. 3) is constructed to be displaced by the flexible linkage (translation mechanism 100 includes a pivot member 102 mounted to a pivot shaft 104, a horizontal link 106 connected to the pivot member 102 and a vertical !ink 108 also connected to the pivot member 102, para. 0028) when the flexible linkage is displaced (figs. 1-11 of the present application disclose various different translation mechanisms that transmit motion along the horizontal segment 22 to vertical motion that allow the release of the plug 32 from the inlet opening 30, in response to the release of the heat sensitive trigger 14, para. 0022, fig. 3) at least the predetermined distance (when the heat sensitive trigger 14 releases support of the cap 16, the translation mechanism 50 is allowed to move within the housing to allow the plug' member 32 to dislodge from the inlet opening 30 and the translation mechanism 50 can be in the form of any means that is capable of supporting the plug member 32 in the inlet opening 30 and releasing the plug member 32 from the inlet opening 30 upon the heat sensitive trigger 14 being released from engaging the cap 16, para. 0022, fig. 3). However, Thompson fails to disclose wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar, wherein the collar rod is constructed to be displaced by the linkage to break the bulb. Hansen is in the field of sprinkler for extinguishing fire (Pg. 1, Lns. 1-3) and teaches wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar (as depicted in fig. 7, cutter 71 surrounds ampule 5 and rod 74 is connected to the cutter 71, fig. 7), wherein the collar rod is constructed to be displaced by the linkage to break the bulb (figure 7 illustrates an alternative arrangement wherein the ampule 5 is cut in two by means of a cutter 71 that can be influenced by the pulling of a cable 74, Pg. 9, Lns. 26-29, fig. 7). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the release mechanism includes a collar surrounding the bulb, and a collar rod attached to the collar, wherein the collar rod is constructed to be displaced by the linkage to break the bulb as taught by Hansen for the system of Thompson. The motivation would have been to provide a faster mechanical mechanism to break the glass bulb to release the water flow to the sprinkler in order to extinguish the fire.
Claims 13 and 36 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thompson et al in view of MacDonald and Polan et al ‘509, as applied to claims 1, 11, 25, 33 and 35 above, and further in view of US 4,217,961 A(Wotton ‘961).
Referring to claim 13, modified Thompson discloses the dry sprinkler according to claims 1 and 11, but fails to disclose wherein the yoke has a sloped edge which intersects a seat of the glass bulb. Wotton ‘961 is in the field of fire extinguishing water sprinklers provided with a temperature sensitive element (col. 1, lines 5-7) and teaches wherein the yoke (plug 40 is shaped at one end to provide a recess 41 in which the neck and shoulder portion 42 of the glass bulb 43 is located, col. 4, lines 52-54, fig. 3) has a sloped edge which intersects a seat of the glass bulb (as depicted in fig. 3, the recess 41 is a sloped edges which intersects a seat of the glass bulb, fig. 3). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the yoke has a sloped edge which intersects a seat of the glass bulb as taught by Wotton ‘961 for the sprinkler of Thompson. The motivation would have been to provide a contoured shape on the yoke to securely hold the frangible bulb in place to prevent accidental actuation of the sprinkler head.
Referring to claim 36, modified Thompson discloses the flexible dry sprinkler system according to claims 25, 33 and 35, but fails to disclose wherein the yoke has a sloped edge which intersects a seat of the glass bulb. Wotton ‘961 is in the field of fire extinguishing water sprinklers provided with a temperature sensitive element (col. 1, lines 5-7) and teaches wherein the yoke (plug 40 is shaped at one end to provide a recess 41 in which the neck and shoulder portion 42 of the glass bulb 43 is located, col. 4, lines 52-54, fig. 3) has a sloped edge which intersects a seat of the glass bulb (as depicted in fig. 3, the recess 41 is a sloped edges which intersects a seat of the glass bulb, fig. 3). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the yoke has a sloped edge which intersects a seat of the glass bulb as taught by Wotton ‘961 for the system of Thompson. The motivation would have been to provide a contoured shape on the yoke to securely hold the frangible bulb in place to prevent accidental actuation of the sprinkler head.
Claims 3 and 28 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thompson et al in view of MacDonald, as applied to claims 1 and 25 above, and further in view of US 4,854,388 A(Wyatt ‘388).
Referring to claim 3, modified Thompson discloses the dry-sprinkler according to claim 1, but fails to disclose wherein the flexible tube is corrugated metal hose. Wyatt ‘388 is in the field of apparatus for extinguishing fires (col. 1, lines 5-6) and teaches wherein the flexible tube is corrugated metal hose (tube 36 is preferably formed out of helically corrugated aluminum conduit to provide sufficient flexibility, col. 3, lines 52-54, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the flexible tube is corrugated metal hose as taught by Wyatt ‘388 for the sprinkler of Thompson. The motivation would have been to use a flexible hose that was made of metal that would not be damaged as easily by fire.
Referring to claim 28, modified Thompson discloses the flexible dry sprinkler system according to claim 25, but fails to disclose wherein the flexible tube is corrugated metal hose. Wyatt ’388 is in the field of apparatus for extinguishing fires (col. 1, lines 5-6) and teaches wherein the flexible tube is corrugated metal hose (tube 30 is preferably formed out of helically corrugated aluminum conduit to provide sufficient flexibility, col. 3, lines 52-54, fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide wherein the flexible tube is corrugated metal hose as taught by Wyatt ‘388 for the sprinkler of Thompson. The motivation would have been to use a flexible hose that was made of metal that would not be damaged as easily by fire.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kafenshtok et al ‘787 and Silcox et al ‘734 disclose flexible sprinklers and flexible tubing used for support and mounting in fire protection systems
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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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
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