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 1-2, 4-5, 10-12, 14 and 18-20 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 limitation of Claim 1 reading: “an apparatus, comprising: a nozzle…a deflector coupled to the nozzle” and “wherein the deflector is separate from an opening of the nozzle and statically mounted to the apparatus” is indefinite. For instance, the whole claim appears to be directed to an apparatus which includes a nozzle and a deflector. However, the final cited line above (“wherein the deflector is separate from an opening of the nozzle and statically mounted to the apparatus”) makes it appear that the nozzle is not part of the “apparatus”. It appears that Applicant is attempting to claim that the deflector is separate from an opening of the nozzle and statically mounted to the nozzle, not the apparatus.
The limitation of Claim 12 reading: “an apparatus, comprising: a nozzle…a deflector coupled to the nozzle” and “wherein the deflector is separate from an opening of the nozzle and statically mounted to the apparatus” is indefinite. For instance, the whole claim appears to be directed to an apparatus which includes a nozzle and a deflector. However, the final cited line above (“wherein the deflector is separate from an opening of the nozzle and statically mounted to the apparatus”) makes it appear that the nozzle is not part of the “apparatus”. It appears that Applicant is attempting to claim that the deflector is separate from an opening of the nozzle and statically mounted to the nozzle, not the apparatus.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 12, 14, and 12 are rejected under 35 U.S.C. 102(a) as being anticipated by USPN 4508577, Conn.
Regarding Claim 1, Conn discloses:
an apparatus (combination of expelling shaft 24 and source 28 and nozzle attachment 26), comprising:
a nozzle 24 connected on a receiving end (end of part 24 shown in fig 1 connecting to source 28) with a connecting tube (28) to receive a water jet (col. 8, lines 42-58) that is a stream of water accelerated at a high velocity to generate a high pressure for cutting a substrate (col. 8, lines 42-58, col. 8, 60-68, which discloses that a cutting is performed by the water, and col. 1, 20-30, 20-25; where it is disclosed that the water jet is used to cut “a hydrocarbon-based chemical compound which may be very difficult to remove”, thus the water jet being able to cut such hard materials is also able to cut certain substrates, especially softer ones can be cut by such a directed stream), and wherein the water jet exits through the nozzle (col. 8, lines 42-58); and
a deflector (26) coupled to the nozzle (fig 2, via threads 25), wherein the deflector splits the water jet into a cutting stream of water (via “fluid jet forming means 48” on right in the fig 2) for cutting the substrate and an angled stream of water for conditioning an edge of the substrate (through: “fluid jet forming means 48” on left in the fig 2), wherein the deflector includes a plate (50) that is spaced at a distance from a distal end of the nozzle to contact the stream after the stream exits the nozzle (fig 2), wherein the deflector is separate from an opening of the nozzle (fig 2) and statically mounted to the apparatus (nozzle 24) such that the deflector is rigidly affixed to the apparatus in a fixed spatial relationship with the nozzle (since the threads do not permit movement of the parts 24 and 26 relative to each other, except for removal, or adjustment after use(age)).
Regarding Claim 2, in Conn, the deflector splits the water jet into only two streams, including the cutting stream and the angled stream using the deflector without any additional deflector (fig 2), and wherein the fixed spatial relationship of the deflector is invariant with respect to a distance and an orientation relative to the distal end of the nozzle (since the threads do not permit movement of the parts 24 and 26 relative to each other, except for removal, or adjustment after use).
Regarding Claim 4, in Conn, the deflector splits the water jet into the cutting stream and the angled stream and contacts the angled stream with the plate at the distance from the distal end of the nozzle to deflect the angled stream (fig 2), and wherein the deflector is stationary with respect to the distal end of the nozzle (since the threads do not permit movement of the parts 24 and 26 relative to each other, except for removal, or adjustment after use).
Regarding Claim 5, in Conn, the deflector is removably coupled to an exterior portion of the nozzle (via the threads 25).
Regarding Claim 12, Conn discloses: an apparatus (combination of expelling shaft 24 and source 28 and nozzle attachment 26), comprising:
a nozzle 24 connected on a receiving end (end of part 24 shown in fig 1 connecting to source 28) with a connecting tube (28) to receive a water jet (col. 8, lines 42-58) that is a stream of water accelerated at a high velocity to generate a high pressure for cutting a substrate (col. 8, lines 42-58, col. 8, 60-68, which discloses that a cutting is performed by the water, and certain substrates, especially softer ones can be cut by such a directed stream), and wherein the water jet exits through the nozzle (col. 8, lines 42-58); and
a deflector (26) coupled to the nozzle (fig 2, via threads 25), wherein the deflector splits the water jet into a cutting stream of water (via “fluid jet forming means 48” on right in the fig 2) for cutting the substrate and an angled stream of water for conditioning an edge of the substrate (through: “fluid jet forming means 48” on left in the fig 2), wherein the deflector includes a plate (50) that is spaced at a distance from a distal end of the nozzle to contact the stream after the stream exits the nozzle (see fig. 2),
wherein the deflector is separate from an opening of the nozzle and statically mounted to the apparatus (fig 2 since the threads do not permit movement of the parts 24 and 26 relative to eachother, except for removal, or adjustment after use(age),
wherein the cutting stream of water contacts the workpiece (which may be a substrate) substrate at an angle that is substantially perpendicular to a top surface of the workpiece (which may be a substrate) to cut the workpiece (which may be a substrate), wherein the top surface of the workpiece (which may be a substrate) is substantially perpendicular to an opening of the nozzle, and wherein the angled stream of water contacts the edge of the workpiece (which may be a substrate)at a non- perpendicular angle in relation to the top surface of the substrate to form a conditioned edge having an angle that is non-perpendicular in relation to the top surface of the workpiece (which may be a substrate), (see annotated fig 2 below),
wherein the fixed spatial relationship of the deflector is invariant with respect to a distance and an orientation relative to the distal end of the nozzle (since the threads do not permit movement of the parts 24 and 26 relative to each other, except for removal, or adjustment after use(age)).
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Regarding Claim 14, in Conn, the deflector is removably coupled to an exterior portion of the nozzle (via the threads 25).
Regarding Claim 20, Conn discloses An apparatus combination of expelling shaft 24 and source 28 and nozzle attachment 26) comprising:
a nozzle 24 connected on a receiving end (end of part 24 shown in fig 1 connecting to source 28) with a connecting tube (28) to receive a water jet (col. 8, lines 42-58) that is a stream of water accelerated at a high velocity to generate a high pressure for cutting a substrate (col. 8, lines 42-58, col. 8, 60-68, which discloses that a cutting is performed by the water, and certain substrates, especially softer ones can be cut by such a directed stream), and wherein the water jet exits through the nozzle (col. 8, lines 42-58); and
a deflector 26 that is stationary with respect to a distal end of the nozzle (since the threads do not permit movement of the parts 24 and 26 relative to each-other, except for removal, or adjustment after use) and coupled to the nozzle (via threads 25), wherein the deflector splits the water jet into a cutting stream of water (via “fluid jet forming means 48” on right in the fig 2) for cutting the substrate and an angled stream of water for conditioning an edge of the substrate (through: “fluid jet forming means 48” on left in the fig 2), wherein the deflector includes a plate (50) that is spaced at a distance from a distal end of the nozzle to contact the stream after the stream exits the nozzle (fig 2), wherein the cutting stream of water contacts the substrate at an angle that is substantially perpendicular to a top surface of the substrate to cut the substrate, wherein the top surface of the substrate is an area of the substrate located outside of and substantially perpendicular to an opening of the nozzle, wherein the angled stream of water contacts the edge of the substrate at a non- perpendicular angle in relation to the top surface of the substrate to form a conditioned edge having an angle that is non-perpendicular in relation to the top surface of the substrate, wherein the deflector is removably coupled to an exterior portion of the nozzle (see annotated fig 2 above).
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 of this title, 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.
Claims 10-11 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Conn as applied to claims 1 and claim 12 above, and further in view of USPN 4266722, Nawa.
Regarding Claims 10-11, Modified Conn includes the plate located outside of the nozzle, wherein the plate is removably coupled to an exterior of the nozzle (see Claim 1 and Claim 12 rejections above).
Conn lacks wherein the deflector comprises: a divider located within an interior portion of the nozzle (Claims 10 and 18), wherein the divider splits the water jet into the cutting stream of water and the angled stream of water when the divider intersects the water jet, and wherein the plate contacts the angled stream to cause the angled stream to contact the substrate at a non-perpendicular angle (Claims 11 and 19).
Nawa discloses a fluid deflecting device in a in the same field of endeavor as the fluid directing device of the present invention and includes a combination deflecting assembly which includes an exterior deflector 20, fig 10 and an interior splitting device which is interior to a nozzle portion of the device, see splitter 24 in fig 10, which combined assembly includes the splitter being a divider where the divider is located within an interior portion of the nozzle (fig 10) (Claim 10 and 18), wherein the divider splits the water jet into a first straight directed stream of fluid (Hb) and the angled stream of fluid (Gb) when the divider intersects the jet (fig 10), and wherein a plate 20 (similar to the exterior plate in Modified Morris) contacts the angled stream to cause the angled stream to contact work at a non-perpendicular angle (col 9, 25-43) (Claim 11 and 19); in order to improve the fluid deflecting function of the nozzle assembly wherein there is provided an extra fluid passage for directing an air stream inwardly of the assembly for the purpose of enhancing the downward deflection of the air stream emerging from the assembly (col 2, 43-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Conn by including a divider located within an interior portion of the nozzle (Claim 10), wherein the divider splits the water jet into the cutting stream of water and the angled stream of water when the divider intersects the water jet, and wherein the plate contacts the angled stream to cause the angled stream to contact the substrate at a non-perpendicular angle (Claim 11); in order to improve the fluid deflecting function of the nozzle assembly wherein there is provided an extra fluid passage for directing an air stream inwardly of the assembly for the purpose of enhancing the downward deflection of the air stream emerging from the assembly, as taught ion Nawa.
Regarding the cutting stream being straight; the straight stream already disclosed in Conn is disclosed as a cutting stream. Thus, the nozzle and stream as modified to include the combined interior and exterior splitter and deflector plate of Nawa would direct the cutting stream thereof in the manner disclosed in Nawa).
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/10/25, with respect to the rejections of the claims under 103 (as the claims have now been amended) have been fully considered and are persuasive. Therefore, the prior art rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Conn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN/PGPUBs: 8256117 9186230 4335677 4335677 3536263 1940615 4508577 5419348 4237913 5499768 5314545 7513261 2735794 discloses state of the art nozzles with redirector and thus discloses elements of the current inventions.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/GHASSEM ALIE/Primary Examiner, Art Unit 3724 03/27/2026