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 .
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 29 and 30 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 29, lines 1-9, discloses a diaphragm valve assembly which is in the valve pipe section and further controls the flow of the fluid and/or gas through the valve pipe section, by sealing and unsealing the fluid aperture. This raises double inclusion issues with claim 25, lines 3-5, which recites “the valve pipe section including a “controllable valve” configured for controlling the flow of the fluid and/or gas through the valve pipe section”, since it is not clear if the diaphragm valve assembly is different from “the controllable valve” or as it is disclosed actually is “the controllable valve”. It is suggested that the language “the valve pipe section including a controllable valve configured for controlling the flow of the fluid and/or gas through the valve pipe section” is either deleted from claim 25 or language such as --wherein the controllable valve comprises a diaphragm valve assembly-- is inserted in claim 29, line 1, for the phrase “including a diaphragm valve assembly”.
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 1-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 12/193,369.
As to claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; wherein the valve pipe section comprises a lower diaphragm valve housing disposed between the fluid inlet and the fluid outlet; wherein the valve pipe section comprises an internally disposed fluid aperture; wherein the fluid inlet and fluid outlet are in fluidic communication when the fluid aperture is not blocked and wherein the fluid inlet and fluid outlet are not in fluidic communication when the fluid aperture is blocked; wherein the fluid aperture is defined as separating an inlet portion associated with the fluid inlet from an outlet portion associated with the fluid outlet; wherein the lower diaphragm valve housing comprises a lower internal space with a lower flange delimiting a diaphragm opening, wherein the lower internal space is disposed in the outlet portion; an upper diaphragm valve housing defining an upper internal space, the upper internal space disposed between an upper flange opposite an extension, the extension having an adjustment screw opening; wherein the upper flange and lower flange are configured to be attached to one another and fluidically seal to one another through the use of a flange seal; wherein at least a portion of the extension has an internally disposed screw thread; wherein at least a portion of the extension has an externally disposed screw thread; a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween. Claim 1 of the instant application is broader in scope than claims 1 and 20-26 of U.S. Patent No. 12/193,369, and are therefore, encompassed in claims 1 and 20-26 of U.S. Patent No. 12/193,369.
As to claim 2, see claims 25 and 27 of U.S. Patent No. 12/193,369.
As to claim 3, see claim 28 of U.S. Patent No. 12/193,369.
As to claims 4-15, see claims 1-11 of U.S. Patent No. 12/193,369.
As to claim 16, see claim 14 of U.S. Patent No. 12/193,369.
As to claim 17, see claim 15 of U.S. Patent No. 12/193,369.
As to claim 18, see claim 16 of U.S. Patent No. 12/193,369.
As to claim 19, see claim 17 of U.S. Patent No. 12/193,369.
As to claim 20, see claim 12 of U.S. Patent No. 12/193,369.
As to claim 21, see claim 18 of U.S. Patent No. 12/193,369.
As to claim 22, see claim 19 of U.S. Patent No. 12/193,369.
As to claim 23, see claim 29 of U.S. Patent No. 12/193,369.
As to claim 24, see claim 13 of U.S. Patent No. 12/193,369.
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 water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas, the valve pipe section including a controllable valve configured for controlling the flow of the fluid and/or gas through the valve pipe section/“a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space”, claim 1 of U.S. Patent No. 12/193,369; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween. Claim 25 of the instant application is broader in scope than claims 1 and 20-26 of U.S. Patent No. 12/193,369, and are therefore, encompassed in claims 1 and 20-26 of U.S. Patent No. 12/193,369.
As to claim 26, see claims 25 and 27 of U.S. Patent No. 12/193,369.
As to claim 27, see claim 1 of U.S. Patent No. 12/193,369.
As to claim 28, see claim 1 of U.S. Patent No. 12/193,369.
As to claim 29, see claim 1 of U.S. Patent No. 12/193,369.
As to claim 30, see claim 28 of U.S. Patent No. 12/193,369.
As to claim 31, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; wherein the valve pipe section comprises a lower diaphragm valve housing disposed between the fluid inlet and the fluid outlet; wherein the valve pipe section comprises an internally disposed fluid aperture; wherein the fluid inlet and fluid outlet are in fluidic communication when the fluid aperture is not blocked and wherein the fluid inlet and fluid outlet are not in fluidic communication when the fluid aperture is blocked; wherein the fluid aperture is defined as separating an inlet portion associated with the fluid inlet from an outlet portion associated with the fluid outlet; wherein the lower diaphragm valve housing comprises a lower internal space with a lower flange delimiting a diaphragm opening, wherein the lower internal space is disposed in the outlet portion; an upper diaphragm valve housing defining an upper internal space, the upper internal space disposed between an upper flange opposite an extension, the extension having an adjustment screw opening; wherein the upper flange and lower flange are configured to be attached to one another and fluidically seal to one another through the use of a flange seal; wherein at least a portion of the extension has an internally disposed screw thread; wherein at least a portion of the extension has an externally disposed screw thread; a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space; a flow adjustment screw extending longitudinally along a length from a distal end to a proximal end; wherein at least a portion of an outside surface of the flow adjustment screw has an externally disposed screw thread, wherein the externally disposed screw thread of the flow adjustment screw is configured to threadably engage with the internally disposed screw thread of the flow adjustment screw opening of the upper diaphragm valve housing; wherein a flow adjustment screw seal is disposed between the flow adjustment screw and the extension of the upper diaphragm valve housing; wherein the proximal end of the flow adjustment screw comprises a non-circular end configured to be non-rotatably engaged; wherein the distal end of the flow adjustment screw is configured to abut at least a portion of the diaphragm valve assembly when the diaphragm assembly is opened to allow the gas and/or fluid to flow past the fluid aperture, wherein rotation of the flow adjustment screw moves its distal end closer to or father away from the diaphragm valve assembly when opened allowing control over a flow rate of the water control device; a control assembly configured to be removably mounted to the upper diaphragm valve housing, wherein the control assembly comprises a base structure and a cover, wherein the cover is configured to be disposed on top of the base structure forming an interior space therebetween; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween; wherein the inlet-side annular seal is at least partially disposed within a first annular cavity formed in the fluid inlet of the valve pipe section, and wherein the outlet- side annular seal is at least partially disposed within a second annular cavity formed in the fluid outlet of the valve pipe section; and wherein the fluid inlet, the fluid outlet, the lower diaphragm valve housing, the fluid aperture and the lower flange of the valve pipe section are integrally formed as a single part from either a plastic injection molding process or a metal casting process. Claim 31 of the instant application is broader in scope than claims 1 and 20-28 of U.S. Patent No. 12/193,369, and are therefore, encompassed in claims 1 and 20-28 of U.S. Patent No. 12/193,369.
Claims 1-23 and 25-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12/029,172.
As to claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; wherein the valve pipe section comprises a lower diaphragm valve housing disposed between the fluid inlet and the fluid outlet; wherein the valve pipe section comprises an internally disposed fluid aperture; wherein the fluid inlet and fluid outlet are in fluidic communication when the fluid aperture is not blocked and wherein the fluid inlet and fluid outlet are not in fluidic communication when the fluid aperture is blocked; wherein the fluid aperture is defined as separating an inlet portion associated with the fluid inlet from an outlet portion associated with the fluid outlet; wherein the lower diaphragm valve housing comprises a lower internal space with a lower flange delimiting a diaphragm opening, wherein the lower internal space is disposed in the outlet portion; an upper diaphragm valve housing defining an upper internal space, the upper internal space disposed between an upper flange opposite an extension, the extension having an adjustment screw opening; wherein the upper flange and lower flange are configured to be attached to one another and fluidically seal to one another through the use of a flange seal; wherein at least a portion of the extension has an internally disposed screw thread; wherein at least a portion of the extension has an externally disposed screw thread; a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween. Claim 1 of the instant application is broader in scope than claims 1 and 19-25 of U.S. Patent No. 12/029,172, and are therefore, encompassed in claims 1 and 19-25 of U.S. Patent No. 12/029,172.
As to claim 2, see claims 24 and 26 of U.S. Patent No. 12/029,172.
As to claim 3, see claim 27 of U.S. Patent No. 12/029,172.
As to claim 4, see claim 1 of U.S. Patent No. 12/029,172.
As to claim 5, see claim 2 of U.S. Patent No. 12/029,172.
As to claims 6-15, see claims 4-13 of U.S. Patent No. 12/029,172.
As to claim 16, see claim 1 of U.S. Patent No. 12/029,172.
As to claim 17, see claim 3 of U.S. Patent No. 12/029,172.
As to claims 18-22, see claims 14-18 of U.S. Patent No. 12/029,172.
As to claim 23, see claim 28 of U.S. Patent No. 12/029,172.
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 water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas, the valve pipe section including a controllable valve configured for controlling the flow of the fluid and/or gas through the valve pipe section/“a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space”, claim 1 of U.S. Patent No. 12/029,172; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween. Claim 25 of the instant application is broader in scope than claims 1 and 19-25 of U.S. Patent No. 12/029,172, and are therefore, encompassed in claims 1 and 19-25 of U.S. Patent No. 12/029,172.
As to claim 26, see claims 24 and 26 of U.S. Patent No. 12/029,172.
As to claim 27, see claim 1 of U.S. Patent No. 12/029,172.
As to claim 28, see claim 1 of U.S. Patent No. 12/029,172.
As to claim 29, see claim 1 of U.S. Patent No. 12/029,172.
As to claim 30, see claim 27 of U.S. Patent No. 12/029,172.
As to claim 31, although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a water control device configured for agricultural irrigation, the water control device comprising: a valve pipe section configured for the transportation of a fluid and/or a gas; wherein the valve pipe section comprises a fluid inlet opposite a fluid outlet, wherein the fluid inlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface and wherein the fluid outlet of the valve pipe section comprises an external screw thread formed on an outside circumferential surface; wherein the valve pipe section comprises a lower diaphragm valve housing disposed between the fluid inlet and the fluid outlet; wherein the valve pipe section comprises an internally disposed fluid aperture; wherein the fluid inlet and fluid outlet are in fluidic communication when the fluid aperture is not blocked and wherein the fluid inlet and fluid outlet are not in fluidic communication when the fluid aperture is blocked; wherein the fluid aperture is defined as separating an inlet portion associated with the fluid inlet from an outlet portion associated with the fluid outlet; wherein the lower diaphragm valve housing comprises a lower internal space with a lower flange delimiting a diaphragm opening, wherein the lower internal space is disposed in the outlet portion; an upper diaphragm valve housing defining an upper internal space, the upper internal space disposed between an upper flange opposite an extension, the extension having an adjustment screw opening; wherein the upper flange and lower flange are configured to be attached to one another and fluidically seal to one another through the use of a flange seal; wherein at least a portion of the extension has an internally disposed screw thread; wherein at least a portion of the extension has an externally disposed screw thread; a diaphragm valve assembly disposed at least partially in the lower internal space and/or the upper internal space; wherein the diaphragm valve assembly comprises a flexibly resilient diaphragm connected to a fluid aperture seal; wherein the flexibly resilient diaphragm is captured at a periphery between the lower flange and the upper flange; wherein the fluid aperture seal is configured to seal and unseal the fluid aperture dependent upon position of the fluid aperture seal; wherein the diaphragm valve assembly when installed between the lower flange and the upper flange fluidically seals and separates the upper internal space from the lower internal space; a flow adjustment screw extending longitudinally along a length from a distal end to a proximal end; wherein at least a portion of an outside surface of the flow adjustment screw has an externally disposed screw thread, wherein the externally disposed screw thread of the flow adjustment screw is configured to threadably engage with the internally disposed screw thread of the flow adjustment screw opening of the upper diaphragm valve housing; wherein a flow adjustment screw seal is disposed between the flow adjustment screw and the extension of the upper diaphragm valve housing; wherein the proximal end of the flow adjustment screw comprises a non-circular end configured to be non-rotatably engaged; wherein the distal end of the flow adjustment screw is configured to abut at least a portion of the diaphragm valve assembly when the diaphragm assembly is opened to allow the gas and/or fluid to flow past the fluid aperture, wherein rotation of the flow adjustment screw moves its distal end closer to or father away from the diaphragm valve assembly when opened allowing control over a flow rate of the water control device; a control assembly configured to be removably mounted to the upper diaphragm valve housing, wherein the control assembly comprises a base structure and a cover, wherein the cover is configured to be disposed on top of the base structure forming an interior space therebetween; an inlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the inlet-side nut; an outlet-side nut comprising an internal screw thread formed on an inside circumferential surface of the outlet-side nut; a first pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the inlet-side nut is configured to be disposed around the first pipe stub, wherein the first end of the first pipe stud is configured to be permanently attached to a first pipe section, wherein the flanged end is configured to attach to the fluid inlet of the valve pipe section by the inlet-side nut abutting the flanged end of the first pipe stub when the internal screw threads of the inlet-side nut threadably engages with the external screw threads of fluid inlet of the valve pipe section, and wherein the first pipe stub is fluidically sealed to the fluid inlet of the valve pipe section by an inlet-side annular seal disposed therebetween; and a second pipe stub configured for the transportation of the fluid and/or the gas defining a first end opposite a flanged end, wherein the outlet-side nut is configured to be disposed around the second pipe stub, wherein the first end of the second pipe stud is configured to be permanently attached to a second pipe section, wherein the flanged end is configured to attach to the fluid outlet of the valve pipe section by the outlet-side nut abutting the flanged end of the second pipe stub when the internal screw threads of the outlet-side nut threadably engages with the external screw threads of fluid outlet of the valve pipe section, and wherein the second pipe stub is fluidically sealed to the fluid outlet of the valve pipe section by an outlet-side annular seal disposed therebetween; wherein the inlet-side annular seal is at least partially disposed within a first annular cavity formed in the fluid inlet of the valve pipe section, and wherein the outlet- side annular seal is at least partially disposed within a second annular cavity formed in the fluid outlet of the valve pipe section; and wherein the fluid inlet, the fluid outlet, the lower diaphragm valve housing, the fluid aperture and the lower flange of the valve pipe section are integrally formed as a single part from either a plastic injection molding process or a metal casting process. Claim 31 of the instant application is broader in scope than claims 1, 2 and 19-27 of U.S. Patent No. 12/029,172, and are therefore, encompassed in claims 1, 2 and 19-27 of U.S. Patent No. 12/029,172.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fukano ‘810, Odajima et al ‘524 and Pett ‘619 disclose water control devices with diaphragm valves assemblies controlling fluid apertures.
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
Prosecution Insights