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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/31/2025 has been entered.
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 1-8 and 10-20 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.
As to claims 1-8 and 10-13:
The applicants amended the claims 1 and 11 to recite:
“at least a portion of a discharge pipe portion of the liquid supply pipe extending from a branch point toward the nozzle tip ascends and then descends, whereby one of discharge or circulation of the liquid is selected according to a flow direction of the liquid”.
The referenced amendments make the claims indefinite and incomplete.
First, it is not clear “a branch point” of what is referenced.
Second, it is not clear how ascending and descending of the pipe may allow or result discharge or circulation.
Further, it is not clear what is referenced as “a flow direction of the liquid”. It appears that the claims incomplete because they do not recite any structure to provide “a flow”.
Further, it is not clear from the claims how “discharge or circulation” can be selected “according to a flow”. What structure is required?
Further, it is not clear what is referenced as a “circulation of the liquid” and what structure is required by the recitation of the referenced circulation.
Further, it is not clear how the newly introduced parts of claims 1 and 11 are related to the other parts of claims 1 and 11.
The amended claims 7 and 13 are further indefinite for the reasons similar to the reasons indicated above.
As to claims 14-20:
The applicants amended claim14 to recite:
“selecting one of discharge or circulation of the liquid according to a flow direction of the liquid based on at least a portion of a discharge-pipe portion of the liquid supply line extending from a branch point toward the nozzle tip ascends and then descends”.
This makes the claims indefinite.
First, it is not clear “a branch point” of what is referenced.
Second, it is not clear how discharge or circulation may be selected according to the flow direction.
Third, it is not clear how discharge or circulation may be selected based on at least a portion of a discharge pipe.
Further, it is not clear what is referenced as “a flow direction of the liquid” and how this limitation is related to the other part of the claim.
Further, it is not clear what is referenced as a “circulation of the liquid” and how this limitation is related to the other part of the claim. It is not clear where the referenced liquid is circulated.
Further, it is not clear how the newly introduced part of claim 14 is related to the other parts of claim 14.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 10-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The applicants amended the claims.
Claim 1 has been amended to recite:
“at least a portion of a discharge pipe portion of the liquid supply pipe extending from a branch point toward the nozzle tip ascends and then descends, whereby one of discharge or circulation of the liquid is selected according to a flow direction of the liquid”.
Claim 11 has been amended to recite:
“at least a portion of a discharge pipe portion of the liquid supply pipe extending from a branch point toward the nozzle tip ascends and then descends, whereby one of discharge or circulation of the liquid is selected according to a flow direction of the liquid”.
Claim14 has been amended to recite:
“selecting one of discharge or circulation of the liquid according to a flow direction of the liquid based on at least a portion of a discharge-pipe portion of the liquid supply line extending from a branch point toward the nozzle tip ascends and then descends”.
The applicants also amended 7 and 13 to introduce limitations similar to the limitations recited by claims 1 and 11.
The applicants allege that the support for the referenced amendments is provided by paragraph [0048] of the original specification.
This is not persuasive.
The referenced paragraph merely states:
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The examiner was not able to find the support for the referenced amendments neither it the cited paragraph, nor in any other part of the original disclosure.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
The applicants amended the claims and alleged that the claims are allowable.
This is not persuasive for the reasons presented above.
The amended claims have been examined and are the subject of the rejections applied above.
The amended claims are unsupported, indefinite and could not be properly understood.
The art rejections applied in the previous Office action are withdrawn at this time, but may be reinstated upon placing claims in the correspondence with the requirements 35 USC 112(a) and (b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
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/ALEXANDER MARKOFF/ Primary Examiner, Art Unit 1711