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 11-20 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.
The term “adjacent” in claim 11 is a relative term which renders the claim indefinite. The term “adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term adjacent is defined as: near. The interpretation of adjacent/near requires a subjective determination. What may be considered adjacent/near by one of ordinary skill in the art may not be considered adjacent/near by another of ordinary skill in the art.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4, 10-12, 14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Workman et al. (2023/0087195) in view of Woodall et al. (6,470,805).
Workman et al. disclose a sprinkler assembly comprising:
a sprinkler comprising a thermal trigger 50 extending between a deflector 40 and a seal 39; and
a protector 100 coupled with the sprinkler, the protector comprising:
a first surface (outer surface of body 102) extending from a first end (left end in figure 1A) to a second end (right end in figure 1A);
at least one edge (bottom edge in figure 1A) extending along the first surface between the first end and the second end; and
a plurality of ribs 116 extending in a first direction (radially outward direction) outward from the first surface, at least one rib of the plurality of ribs within a threshold distance from the at least one edge, the threshold distance less than one centimeter (zero centimeter because the bottom of the ribs are along the bottom edge) from the at least one edge;
the protector comprises:
a second surface (inner surface of body 102) opposite the first surface; and
at least one fastener member 114 extending outward from the second surface in a second direction (radially inward direction) opposite the first direction;
the protector comprises:
a second surface (inner surface of body 102) opposite the first surface; and
a plurality of lock members 114 extending in a second direction (radially inward direction) opposite the first direction from the second surface;
comprising:
at least one extension (bottom wall at end 106) extending from the at least one edge.
Workman et al. disclose the limitations of the claimed invention with the exception of a biodegradable material. Workman et al. disclose, in paragraph 0024, forming the device from polymer or plastic material by injection molding. Woodall et al. teach, in col. 3, l. 66 through col. 4, l. 4, fabricating fire fighting equipment, i.e., shell case 11, lid 17, fins 13 and shear pins 18, from biodegradable thermoplastics using molding techniques to reduce environmental impact. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the device of Workman et al. from biodegradable material as taught by Woodall et al. to reduce environmental impact.
Claim(s) 5, 6, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Workman et al. (2023/0087195) in view of Woodall et al. (6,470,805) as applied to claims 1 and 11 above, and further in view of Yalpani (5,268,422).
Workman et al. in view of Woodall et al. disclose the limitations of the claimed invention with the exception of the biodegradable material comprising polyhydroxyalkanoate or polyhydroxybutyrate. Yalpani discloses, in col. 1, ll. 35-44, that both are well known. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the device of Workman et al. in view of Woodall et al. from polyhydroxyalkanoate or polyhydroxybutyrate as disclosed by Yalpani to reduce cost by using known products.
Claim(s) 1, 3, 9, 11, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watson et al. (2023/0101096) in view of Woodall et al. (6,470,805).
Watson et al. disclose a sprinkler assembly comprising:
a sprinkler comprising a thermal trigger 50 extending between a deflector 40 and a seal 39; and
a protector 100 coupled with the sprinkler, the protector comprising:
a first surface (outer surface) extending from a first end (left end in figure 1B) to a second end (right end in figure 1B);
at least one edge (bottom edge in figure 1B) extending along the first surface between the first end and the second end; and
a plurality of ribs 100a,b, 110a,b extending in a first direction (radially outward direction) outward from the first surface, at least one rib of the plurality of ribs within a threshold distance from the at least one edge, the threshold distance less than one centimeter (zero centimeter because the bottom ribs are along the bottom edge) from the at least one edge;
the protector comprises:
a second surface (inner surface) opposite the first surface; and
at least one sprinkler receiver (inner volume of the protective device) defined by the at least one rib 100a,b and the second surface;
the protector comprises a foldable member 122.
Watson et al. disclose the limitations of the claimed invention with the exception of a biodegradable material. Watson et al. disclose, in paragraph 0025, forming the device from polymer or plastic material by injection molding. Woodall et al. teach, in col. 3, l. 66 through col. 4, l. 4, fabricating fire fighting equipment, i.e., shell case 11, lid 17, fins 13 and shear pins 18, from biodegradable thermoplastics using molding techniques to reduce environmental impact. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the device of Watson et al. from biodegradable material as taught by Woodall et al. to reduce environmental impact.
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O 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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
