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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/4/2026 has been entered.
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) 1-6, 8, 10-12, 21-23, 25, 27, 28, 30, 32-33, 35,36, 38, 41-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodier (4,572,165) in view of Howells (28,864)
Regarding claims 1 and 12, Dodier shows an adjustable nozzle (fig 1), comprising: a nozzle body (10, 20, 26) having an inlet opening (12), an outlet section with an outlet opening (28), and a fluid flow path extending from the inlet opening to the outlet opening (fig 1), the fluid flow path having a choke point (18) the choke point being a location of the smallest cross sectional area along a length of the fluid flow panth (fig 1); wherein the outlet section includes a terminal segment having opposed planar, parallel top and bottom walls (fig 1, the longer interior walls of 26), and first and second opposed planar side walls (fig 1, the interior side walls of 26), a spray restrictor segment (32) located in the outlet section, wherein the spray restrictor segment is pivotally coupled to the nozzle body (fig 1) and is positioned downstream of the choke point (fig 1); and an actuator (36) operatively connected to the spray restrictor segment such that rotation of the actuator about an axis oriented parallel to the fluid flow path displaces the spray restrictor segment at least one of toward and away from a center of the fluid flow path, thereby varying a pattern of fluid flowing from the fluid flow path through the outlet opening (fig 1), wherein the spray restrictor segment is positioned in the terminal segment to pivot at least one of toward or away from the first and second side walls, respectively, when displaced by the actuator (fig 1).
But fails to disclose that the actuator does not move in an axial direction
Howells shows an adjustable nozzle where the first and second spray adjustment arms (B) both engage an eccentric groove (E) of the actuator (C), such that the rotation of the actuator causes the eccentric groove to move relative to the first and second spray adjustment arms, thereby pivoting the first and second spray adjustment arms at least one of toward or away from the center of the fluid flow path, the actuator does not move in an axial direction.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the rotatable, axial stationary, adjustment collar (C3 of Howells) in place of the actuator of Dodier, in order to move the spray restrictor segments evenly, both towards and away from the center of the flow path.
The examiner notes that one of ordinary skill in the art would understand how to attach pins to the spray restrictor segment, similar to those of Howells, in order to engage with the concentric grooves of the actuator of Howells.
Regarding claim 2, wherein the outlet opening is oblong having a width and a height (fig 1); and wherein the actuator is configured to displace the spray restrictor segment at least one of toward and or away from the center of the fluid flow path to vary the effective width of the outlet opening (fig 1).
Regarding claim 3, wherein the spray restrictor segment has a thickness that equals or approximately equals the height of the outlet opening (fig 1).
Regarding claim 4, the spray restrictor segment includes at least a first spray adjustment arm (32) that is configured to be displaced by the actuator at least one of toward or away from the center of the fluid flow path to vary an effective width of the outlet opening (fig 1).
Regarding claim 5, wherein the spray restrictor segment includes a second spray adjustment arm (the other 32) that is positioned opposite to the first spray adjustment arm relative to the fluid flow path; and wherein the second spray adjustment arm is configured to be displaced by the actuator at least one of toward or away from the center of the fluid flow path to vary the effective width of the outlet opening (fig 1)
Recording claim 6, wherein the first and second spray adjustment arms are pivotally moveable relative to their upstream ends thereof (fig 1).
Regarding claim 8, wherein the actuator (C of Howell) is operatively connected to the first and second spray adjustment arms (of Dodier) to pivot the first and second spray adjustment arms relative to the terminal segment outlet section to selectively vary the effective width of the outlet opening (fig 1).
Regarding claim 10, wherein the first and second spray adjustment arms are both coupled to the actuator at their downstream ends thereof (fig 2 Howells shows the downstream end of the arms being coupled to the actuator, this will be similar to the proposed combination).
Regarding claim 11, wherein the actuator is rotatably mounted on the nozzle body such that rotation of the actuator relative to the nozzle body pivots the first and second spray adjustment arms at least one of toward or away from the center of the fluid flow path (that is how Howells and the proposed combination function, you rotate the actuator and the arms moves in and out).
Regarding claim 21, Dodier as modified above shows An adjustable nozzle (fig 1), comprising: a nozzle body (10, 20, 26) having an inlet opening (12), an outlet opening (28), and a fluid flow path (fig 1) extending from the inlet opening to the outlet opening; the fluid flow path having a choke point, the choke point (18) being a location of smallest cross sectional area along a length of the fluid flow path (fig 1), a first spray adjustment arm (30) configured to be displaced at least one of into the fluid flow path or away from the fluid flow path (fig 1), a second spray adjustment arm (the other 32) configured to be displaced at least one of into the flow path or away from the flow path (fig 1); wherein the first and second adjustment arms are each located in a terminal segment having opposed planar, parallel top and bottom walls and first and second opposed planar side walls (fig 1) and an actuator (C Howells) operatively connected to the first and second spray adjustment arms such that operation of the actuator in a single direction displaces each of the first and second spray adjustment arms from a first position to a second position (they pivot) wherein the actuator is configured to move only rotationally and not axially (Howells), wherein when the first and second spray adjustment arms are each in their second positions the downstream-most ends of the arms, at the outlet of the nozzle body, are positioned closer together compared to when the first and second spray adjustment arms are in the first position (fig 1), and wherein the first and second spray adjustment arms are positioned downstream of the choke point (fig 1)
Regarding claim 22, wherein the fluid flow path, in areas in which the first and second spray adjustment arms are located, is rectangular in cross section (fig 1), and wherein the first and second spray adjustment arms each extend entirely or approximately entirely a height of the fluid flow path in the areas in which the first and second spray adjustment arms are located 9fig 1), and wherein the first and second side walls diverge from each other when moving in a downstream direction along the fluid flow path (fig 1).
Regarding claim 23, wherein a downstream end of the first spray adjustment arm and a downstream end of the second spray adjustment arm are both coupled to the actuator (via C of Howells), and wherein the nozzle is configured such that rotation of the actuator in the single direction causes displacement of the first spray adjustment arm and the second spray adjustment arm.
Regarding claim 25, wherein a portion of the fluid flow path located immediately upstream of the first and second spray adjustment arms has a rectangular cross section (24), and wherein nozzle is configured such that the first and second spray adjustment arms are positionable such that they each diverge from the center of the fluid flow path with regard to a downstream direction of the fluid flow path (fig 1).
Regarding claim 27, wherein the spray restrictor segment includes a first spray adjustment arm (32) and a second spray adjustment arm (32), wherein both the first and second spray adjustment arms are operatively coupled to the actuator (of Howells) such that movement of the actuator in a single direction causes the first spray adjustment arm and the second spray adjustment arm to be displaced at least one of toward or away from a center of the fluid flow path (fig 1).
Regarding claim 28, a portion of the fluid flow path located immediately upstream of the spray restrictor segment has a rectangular cross section (24, Dodier)
Regarding claim 30, wherein nozzle is configured such that when the spray restrictor segment is located at its further position away from the center of the fluid flow path (fig 1), the spray restrictor segment diverges from the center of the fluid flow path with regard to a downstream direction of the fluid flow path (fig 1
Regarding claim 32, wherein the spray restrictor segment is movable by the actuator (Howells) between a first position and a second position, and wherein when the spray restrictor segment is in the first position the spray restrictor segment is parallel with the nozzle body (when restrictors 32 move inwards they can be parallel with the body).
Regarding claim 33, wherein the actuator (Howells) is configured to be rotated about an axis oriented parallel to the fluid flow path to displace the first spray adjustment arm and the second spray adjustment arm (fig 1).
Regarding claim 35, wherein the first and second sidewalls diverge from each other when moving in a downstream direction along the fluid flow path (fig 1)
Regarding claim 36, the spray restrictor segment is pivotally coupled to the nozzle body at an upstream location of the spray restrictor segment relative to a length of the spray restrictor segment in a direction parallel to the fluid flow path (fig 1)
Regarding claim 38, wherein the fluid flow path remains constant or decreases in cross sectional area from the inlet opening to the outlet opening (figure 1, especially if the arms 32 are moved inwards).
Regarding claim 41, wherein the fluid flow path gradually transitions from a round cross section, adjacent the inlet opening, to a square or rectangular cross section in which the spray restrictor segment is located (fig 1, the transition is being considered gradual).
Regarding claim 42, wherein an entirety of portions of the spray restrictor segment, in fluid communication with the fluid flow path, is positioned downstream of the choke point (fig 1).
Regarding claim 43, wherein all positions downstream of the choke point have a cross sectional area larger than or equal to the cross sectional area of the choke point (fig 1).
Regarding claim 44, wherein the fluid flow path has a convergent section that gradually converges along a downstream direction of the fluid flow path and wherein the choke point is located at a downstream-most position of the convergent section (fig 1).
Regarding claim 45, the upstream-most end of the first and second spray adjustment arms are entirely spaced apart and not in contact to allow fluid to flow therebetween (fig 1)
Regarding claim 46, wherein the actuator is configured to be directly manually operated (Howells), and wherein the actuator is configured to be rotated about an axis aligned with a central axis of the nozzle body (Howells).
Regarding claim 47, wherein the outlet opening has a cross sectional area larger than or equal to the choke point (fig 1).
Regarding claim 48, wherein the choke point is defined by the nozzle body and not by the spray restrictor segment (fig 1).
Allowable Subject Matter
Claims 17 and 39 are allowed.
Claims 15 and 37 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.
Response to Arguments
Applicant’s arguments with respect to the pending claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached on (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 4/28/2026
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