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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/11/2026 has been entered.
Allowable Subject Matter
The indicated allowability of claims 19 ad 23-26 is withdrawn in view of the new interpretation of the Dodier reference(s). Rejections based on the Dodier reference(s) follow.
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 14 and 15 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.
Claim 14 recites the limitation "the second spray adjustment arm" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 is rejected due to dependency to claim 14.
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) 1-3, 6, 8-10, 14,15, 19-26 and 29-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodier (4,572,165) in view of Howells (28,865)
Regarding claim 1, Dodier shows an adjustable nozzle (fig 1), comprising: a nozzle body (10, 20, 26) having an inlet opening (12), an outlet section (26) 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), wherein the choke point is a location of smallest cross-sectional area along a length of the fluid flow path (fig 1); wherein the outlet section includes a terminal segment (26) having opposed planar, parallel top and bottom walls and first and second opposed planar side walls contiguous with the top and bottom walls (fig 1) an adjustable spray restrictor segment (32) located in the outlet section downstream of the choke point (fig 1); and an actuator (36) configured to rotate, to thereby move the adjustable spray restrictor segment at least of toward or away from a center of the fluid flow path (fig 1), to vary a pattern of fluid flowing through the outlet opening.
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 (C 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 actuator includes an adjustment collar (C, Howells) mounted on the nozzle body (fig 1), and configured to rotate about an axis orientated parallel to the fluid f flow path (fig 1, 2) wherein rotation of the adjustment collar relative to the nozzle body moves the adjustable spray restrictor segment.
Regarding claim 3, wherein the adjustable spray restrictor segment includes at least a first spray adjustment arm (32) that is moved by rotation of the adjustment collar at least one of toward or away from the center of the fluid flow path to vary an effective width of the outlet opening.
Regarding claim 6, wherein the adjustment collar includes an end face having an eccentric groove (E, Howells) extending about the outlet opening that receives a downstream surface of the first spray adjustment arm, such that rotation of the adjustment collar pivots the first spray adjustment arm at least one of toward or away from the center of the fluid flow path.
Regarding claim 8, wherein the eccentric groove includes a camming surface (the walls of the grooves E) that engages the downstream surface (pin heads C) of the first spray adjustment arm, and wherein the camming surface is curved, having a radius of curvature that corresponds to a radius of the first spray adjustment arm from the first pivot point to the camming surface (fig 2, 3, Howells).
Regarding claim 9, wherein the adjustable spray restrictor segment includes a second spray adjustment arm (the other 32) that is positioned opposed to the first spray adjustment arm; and wherein the second spray adjustment arm is configure to be moved by rotation of the adjustment collar in a direction at least one of toward or away from the center of the fluid flow path to vary the effective width of the outlet opening.
Regarding claim 10, wherein the nozzle body includes a second bearing recess (the pin that 32 pivots on) in the outlet section, and wherein the second spray adjustment arm includes an upstream bearing surface (the hole for the pin) that engages the second bearing recess to define a second pivot point about which the second spray adjustment arm is pivotable (fig 1), and wherein the second spray adjustment arm includes a downstream bearing surface (c Howells) that engages the eccentric groove and the camming surface of the adjustment collar.
Regarding claim 14, wherein the first and second spray adjustment arms include first and second guide surfaces that face the center of the fluid flow path (fig 1); and wherein the guide surfaces are positioned to contact fluid flowing through the terminal segment and to define the effective width of the outlet opening (fig 1).
Regarding claim 15, the guide surfaces are flat (fig 1)
Regarding claim 19, wherein the first and second spray adjustment arms engage the eccentric groove (of Howells), 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 first and second side walls, respectively (fig 1).
Regarding claim 20, in its use, the device of Dodier as modified above performs the steps of varying a width of a stream of fluid exiting an outlet opening of a nozzle body (fig 1), the method comprising: rotating without movement in an axis direction, an actuator (C, Howells) to move an adjustable spray restrictor segment (32) at least one of toward or away from a center of a fluid flow path to vary a pattern of fluid flowing through the outlet opening, wherein the spray restrictor segment is positioned downstream of a choke point (18) of the fluid flow path, wherein the choke point is a location of smallest cross-sectional area along a length of the fluid flow path (fig 1) and wherein the adjustable spray restrictor is located in a segment of the fluid flow path having opposed planar, parallel top and bottom walls (fig 1).
Regarding claim 21, wherein rotating the actuator includes pivoting first and second opposed spray adjustment arms (32) at least one of toward or away from the center of the fluid flow path, thereby varying an effective width of the outlet opening to vary the effective width of the fluid flowing through the outlet opening (fig 1).
Regarding claim 22, wherein the actuator is configured to rotate about an axis oriented parallel to the fluid flow path (fig 1, 2, Howells) and wherein the adjustable spray restrictor segment is configured to pivot at least one of toward or away from the first and second side walls, respectively, when moved by the actuator (fig 1 Dodier).
Regarding claim 23, Dodier as modified above shows an adjustable nozzle (fig 1), comprising: a nozzle body (10, 20, 26) having a fluid flow path extending therethrough 9fig 1), the fluid flow path having a choke point (18), wherein the choke point is a location of smallest cross sectional area along a length of the fluid flow path (fig 1); an adjustable spray restrictor segment (32) located in the fluid flow path downstream of the choke point, wherein the adjustable spray restrictor is located in a segment of the fluid flow path having opposed planar, parallel top and bottom walls (fig 1); and an actuator (Howells) configured to move, only in rotational movement relative to the nozzle body (Howells), to thereby move the adjustable spray restrictor segment at least one of toward or away from a center of the fluid flow path to vary a path of fluid flowing through the fluid flow path (fig 1).
Regarding claim 24, wherein the spray restrictor segment includes a first spray adjustment arm (32), and a second, opposed spray adjustment arm (the other 32), wherein both arms are configured to be moved by the actuator at least one of toward or away from the center of the fluid flow path to vary an effective width of an outlet opening of the fluid flow path (fig 1).
Regarding claim 25, wherein the actuator includes an eccentric groove (Howells E) that receives a downstream end of both spray adjustment arms therein, and wherein the actuator is configured such that rotation of the actuator pivots the first and second spray adjustment arms at least one of toward or away from the center of the fluid flow path (fig 1).
Regarding claim 26, wherein the segment of the fluid flow path has first and second opposed planar side walls, and wherein the first and second spray adjustment arms are configured to pivot at least one of toward or away from the first and second side wall, respectively, when moved by the actuator (fig 1).
Regarding claim 29, 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 30, wherein all portions of the fluid flow path located downstream of the choke point have a larger cross sectional area than the choke point (fig 1).
Regarding claim 31, wherein the spray restrictor segment has a range of motion between a fully retracted position, providing a maximum spray width (fig 1), and a fully extended position where the spray restrictor segment protrudes into the fluid flow path its maximum amount, providing a minimum spray width (fig 1), and wherein when the spray restrictor segment is in the fully retracted position the outlet opening defined by the spray restrictor segment and the nozzle body has a different shape compared to when the spray restrictor segment is in the fully extended position (fig 1).
Regarding claim 32, wherein the nozzle is configured such that when the spray restrictor segment is in the fully retracted position the outlet opening defined by the spray restrictor segment and nozzle body is a first rectangle (fig 1), and when the spray restrictor segment is in the fully extended position the outlet opening defined by the spray restrictor segment and the nozzle body is a second rectangle having a different aspect ratio than the first rectangle (fig 1).
Regarding claim 33,wherein the nozzle is configured such that when the spray restrictor segment is in an intermediate position between the fully retracted position and the fully extended position, the outlet opening defined by the spray restrictor segment and the nozzle body is a rectangle (fig 1).
Regarding claim 34, wherein the choke point is located upstream of the spray restrictor segment when the spray restrictor segment is in a fully extended position (fig 1).
Regarding claim 35, wherein the outlet opening has a cross sectional area greater than or equal to the choke point (fig 1)
Regarding claim 36, wherein the spray restrictor segment has a range of motion between a fully retracted position, providing a maximum spray width (fig 1), and a fully extended position where the spray restrictor segment protrudes into the fluid flow path its maximum amount, providing a minimum spray width (fig 1), and wherein when the spray restrictor segment is in the fully retracted position the spray restrictor segment protrudes into the fluid flow path (fig 1).
Regarding claim 37, wherein the choke point is defined by the nozzle body and not by the spray restrictor segment (fig 1).
Regarding claim 38, wherein the spray restrictor segment has a range of motion between a fully retracted position, providing a maximum spray width (fig 1), and a fully extended position where the spray restrictor segment protrudes into the fluid flow path its maximum amount, providing a minimum spray width (fig 1), and wherein when the spray restrictor segment is in the fully retracted position the outlet opening defined by the spray restrictor segment and the nozzle body has a different shape compared to when the spray restrictor segment is in the fully extended position (fig 1).
Regarding claim 39, wherein the spray restrictor segment has a range of motion between a fully retracted position, providing a maximum spray width, and a fully extended position where the spray restrictor segment protrudes into the fluid flow path its maximum amount, providing a minimum spray width (fig 1), and wherein when the spray restrictor segment is in the fully retracted position an outlet opening defined by the spray restrictor segment and the nozzle body has a different shape compared to when the spray restrictor segment is in the fully extended position (fig 1), and 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).
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot in view of the new ground of rejection above.
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 5/4/2026
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