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 on 2/5/2026 after a final rejection was mailed 10/29/2025. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/5/2026 has been entered.
Response to Amendment
The response filed on February 5th, 2026 is acknowledged. Two pages of amended claims were received on 2/5/2026. Claims 1 and 4-8 have been amended. Claims 16-19 are newly presented and Claims 9-13 have been cancelled.
Election/Restrictions
Applicant’s election without traverse of Rotary Atomizer Species A in the reply filed on 7/15/2025 in response to the requirement for restriction mailed 6/27/2025 is acknowledged.
Claims 12-13, which are now cancelled, were previously withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 16-19 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 16 is indefinite because Lines 1-3 state “The rotary atomizer of claim 1, further comprising: a housing configured to align the one or more gas bearings with the stator, wherein the one or more gas bearings comprise a porous material bonded to a housing” and it is not clear if “a housing” in Line 2 is the same as “a housing” in Line 3, or if they are separate housings. Paragraph 00019 of the Specification states “The rotary atomizer system 100 may further employ one or more porous gas bearings including upper radial bearing assembly 116 and lower radial bearing assembly 112, which may be supported by one or more upper/lower bearing housings to enable frictionless support of the shaft 108,rotor 104, and disc 114. However, in certain embodiments, bearing housings may not be necessary. For example, a single housing may encompass both bearings and a stator 110”, thus it appears that the housing that aligns the gas bearing with the stator may be the same as the housing that is bonded to the porous material. For the purpose of examination, Claim 16 Lines 1-3 will be interpreted to state “The rotary atomizer of claim 1, wherein the one or more gas bearings comprise a porous material bonded to a housing that is configured to align the one or more gas bearings with the stator”.
Claims 17-19 depend from Claim 16, therefore Claims 17-19 are also rejected under 35 U.S.C. 112(b) for being indefinite since Claim 16 is indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 17 states “The rotary atomizer of claim 16, further comprising a housing configured to align the one or more gas bearings with the stator”, however Claim 16 already states “The rotary atomizer of claim 1, further comprising:a housing configured to align the one or more gas bearings with the stator”, therefore Claim 17 does not further limit Claim 16.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2, 6, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 7,344,092 B1 to Kim (“Kim”).
As to Claim 1, Kim discloses a rotary atomizer (See Fig. 1) comprising:
an electric motor (#10, See Col. 8 Lines 13-15 disclosing an inverter being used to reduce a speed of #10, thus #10 is an electric motor) having a stator (#11) and a rotor (#12);
a vertical shaft (#20, which includes #21 and #22);
one or more gas bearings (#43c. Per Col. 5 Lines 7-10 #43c is divided into an upper journal-side air bearing and a lower journal-side air bearing. #43c can be considered a single gas bearing made up of multiple segments.) configured to provide frictionless radial and axial support to the vertical shaft (See Fig. 1 and See Col. 5 Lines 1-44);
wherein the one or more gas bearings each comprise:
a plurality of detached segments arranged circumferentially around the vertical shaft (See Annotated Fig. 1, the single gas bearing #43c is made up of two detached segments that are an upper segment and a lower segment);
a cartridge (#50) having a common gas supply (#120 and #100) configured to provide a gas of constant pressure (See Fig. 1 showing #100 as having compressed air. Furthermore, Col. 7 Lines 55-60 disclose that “compressed air storage tank 120 is filled with 55 compressed air. When the electronic shutter valve 121 is opened, automatically the compressed air filled inside the storage tank 120 flows into the compressed air inlet port 50 by means of its pressure”. Thus, based on the configuration of #120, #100, #121, and #50, the cartridge #50 is configured to provide gas of constant pressure to #43c at least for some period of time.) to the one or more gas bearings (See Col. 7 Lines 40-63 disclosing compressed air being provided from #100 and #120 to #50, which provides gas to the gas bearing #43c); and
a rotating disc (#30, which includes plates #31 and #32) installed at a lower end of the vertical shaft (#22), said rotating disc configured to spray liquid formed as fine particles (See Col. 3 Lines 44-47).
As to Claim 2, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim discloses the rotary atomizer further comprising guide bushings (#43e and #43f, which are bearings that are equivalent to bushings that help guide #41 and #42) located radially to the vertical shaft (See Kim Fig. 1 and Col. 4 Lines 29-38. #43e and #43f are located radially outside of #21 of the vertical shaft).
As to Claim 6, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim discloses the rotary atomizer further comprising a gap detection system (See Kim Annotated Fig. 1, the gap detection system is made up of #110, #130, #140, and #150) configured to monitor one or more parameters associated with a distance between the one or more gas bearings and the vertical shaft (See Col. 7 Lines 40 – Col. 8 Lines 15 disclosing sensor #110 detecting air flow rate, which can be associated with a distance between gas bearing #43c and the vertical shaft #20 since the gas bearings may touch the vertical shaft #40 to cause abrasion when detected air flow rate is too low).
As to Claim 14, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim further discloses wherein the one or more gas bearings form a non-continuous surface covering an entirety of the vertical shaft (See Kim Annotated Fig. 1, the gas bearing that is #43c includes two segments of #43c, with gaps between the two segments. #43c surrounds a circumference of #20. Paragraph 00022 of Applicant’s Specification states “the porous gas bearings form a non-continuous surface covering the entirety of the rotating shaft (e.g., so as to form slots, grooves, holes, or other gapping)”. The gas bearing #43c of Kim covers a majority of #20 other than some gapping, thus the one or more gas bearings of Kim read on a broadest reasonable interpretation of “wherein the one or more gas bearings form a non-continuous surface covering an entirety of the vertical shaft” as claimed based on the claims and disclosure as a whole.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US Patent 9,970,481 B1 to Van Der Steur et al. (“Van Der Steur”).
Regarding Claim 4, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim does not disclose wherein the cartridge further comprises one or more gaskets configured to allow the one or more gas bearings to maintain a gap between the one or more gas bearings and the vertical shaft in response to movement of the vertical shaft during operation of the rotary atomizer (See Kim Fig. 1, the cartridge #50 is not clearly shown as having any gaskets).
However, Van Der Steur discloses, in the same field of endeavor of rotary bearings (See Col. 1 Lines 5-10), a rotary atomizer (See Fig. 4) comprising a cartridge (See Fig. 4, the cartridge is made up of #60, #62, #64, and #14) having a common gas supply (#18) configured to provide gas (See Col. 6 Lines 52-60 disclosing air) to one or more gas bearings (#30, which includes porous segments #34), wherein the cartridge comprises one or more gaskets (#50 and #52, along with additional gaskets shown in Fig. 4 and disclosed in Col. 7 Lines 41-43) configured to allow the one or more gas bearings to maintain a gap between the one or more gas bearings and a vertical shaft (#44) in response to movement of the vertical shaft during operation of the rotary atomizer (See Col. 7 Lines 7-43 disclosing that #50 and #52 dampen vibrations of turbine #47 and shaft #44. Thus, the gaskets #50 and #52 along with the unnumbered gaskets in Fig. 4 help maintain a gap between #30 and #44 by preventing vibrations and maintaining a fluid seal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 1 above by providing one or more gaskets on the cartridge of Kim, the one or more gaskets being configured to allow the one or more gas bearings of Kim to maintain a gap between the one or more gas bearings and the vertical shaft of Kim in response to movement of the vertical shaft during operation of the rotary atomizer, since doing so would utilize a known technique taught by Van Der Steur of providing O-rings on a cartridge to yield the predictable result of dampening vibrations while providing a fluid seal (See Van Der Steur Col. 7 Lines 7-43).
Claims 5 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US PGPUB 2013/0188895 A1 to Devitt (“Devitt”).
Regarding Claim 5, in reference to the rotary atomizer of Kim as applied to Claim 5 above, Kim does not specifically disclose wherein the one or more gas bearings each comprise a plurality of gaskets coupled to each of the plurality of segments to independently maintain a gap between the one or more gas bearings and the vertical shaft in response to movement of the vertical shaft during operation of the rotary atomizer (See Fig. 1, there are no gaskets shown on the two segments of the gas bearing #43c).
However, Devitt discloses, in the same field of endeavor of rotary bearings (See Paragraph 0002), a rotary device (See Figs. 7A-7B) comprising a gas bearing (#711 with #703 attached) that comprises a plurality of gaskets (See two gaskets #702) coupled to a segment of the gas bearing (See Paragraph 0088, the gaskets #702 are coupled to #711 which is equivalent to a single segment) to independently maintain a gap between the gas bearing and a shaft in response to movement of the shaft during operation of the rotary device (See Figs. 7A-7B and See Paragraph 0088. The gaskets #702 couples #711 to shaft #701 and help maintain a gap at #705 while allowing rotation of #701).
Furthermore, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 1 above such that the gas bearing #43c of Kim comprises a plurality of gaskets coupled to each of the two segments of #43c to independently maintain a gap between the gas bearing #43c and the vertical shaft at #21 in response to movement of the vertical shaft during operation of the rotary atomizer, since doing so would provide multiple gaskets on a segment of a gas bearing as taught by Devitt to yield the predictable result of reducing tolerance concerns between the gas bearing and the vertical shaft while helping prevent damage to the gas bearing (See Devitt Paragraph 0088).
Regarding Claim 15, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim does not specifically disclose wherein the gas is nitrogen (See Kim Fig. 1 showing that the gas is compressed air from #100).
However, Devitt further discloses wherein nitrogen is used as a gas with a gas bearing (See Paragraph 0013).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 1 above such that the gas is the nitrogen of Devitt instead of compressed air, since doing so would utilize substitution of known components to yield the predictable result of introducing less oxygen during use of the rotary atomizer, thus reducing fire hazards and improving safety conditions (See Devitt Paragraph 0013).
Regarding Claim 16, in reference to the rotary atomizer of Kim as applied to Claim 1 above, Kim does not specifically disclose the rotary atomizer further comprising a housing configured to align the one or more gas bearings with the stator, wherein the one or more gas bearings comprise a porous material bonded to a housing (See Col. 4 Lines 48-58 disclosing that #43c can have a fine passageway made of carbon or ceramic which are porous to some extent, but a porous material being bonded to a housing is not disclosed.).
However, Devitt discloses, in the same field of endeavor of rotary bearings (See Paragraph 0002), a rotary device (See Figs. 7A-7B) comprising a gas bearing (See Fig. 7C) that comprises a porous material (#751, which Per Paragraph 0115 can be graphite) bonded to a housing (#752, which per Paragraph 0105 can be stainless steel and See Fig. 7C showing #751 bonded to #752. Paragraph 0009 also discloses the porous material being bonded to the nonporous housing.) that is configured to align the gas bearing with a stator (#712, See Figs. 7A-7B and Paragraph 0088).
Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice per In re Leshin, 125 USPQ 416.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 1 above such that the each segment of the gas bearing #43c of Kim comprise the graphite porous material of Devitt bonded to the stainless steel housing material of Devitt that is configured to align the gas bearing #43c of Kim with stator #11 of Kim, since doing so would utilize known durable materials suitable for a gas bearing in a rotary device to yield the predictable result of evenly distributing gas flow by using a desired porosity to restrict gas flow (See Devitt Paragraph 0009).
As to Claim 17, in reference to the rotary atomizer of Kim in view of Devitt as applied to Claim 16 above, Kim as modified by Devitt further discloses the rotary atomizer comprising a housing configured to align the one or more gas bearings with the stator (See Kim Fig. 1. When the gas bearing #43c of Kim is modified such that each segment of #43c utilizes the housing and porous material of Devitt, the housing of each segment of #43c will allow #43c to be radially aligned with the stator #11 of Kim).
As to Claim 18, in reference to the rotary atomizer of Kim in view of Devitt as applied to Claim 16 above, Devitt further discloses wherein the porous material is graphite (See Devitt Paragraph 0115).
As to Claim 19, in reference to the rotary atomizer of Kim in view of Devitt as applied to Claim 16 above, Devitt further discloses wherein the housing is a stainless steel housing without pores (See Devitt Paragraph 0105).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of EP-2826566-A1 to Thomsen (“Thomsen”).
Regarding Claim 7, in reference to the rotary atomizer of Kim as applied to Claim 6 above, Kim does not disclose wherein the gap detection system monitors a temperature of one or more gas bearings (See Kim Col. 7 Lines 40 – Col. 8 Lines 15 disclosing that the gap detection system monitors flow rate).
However, Thomsen discloses, in the same field of endeavor of rotary bearings (See Paragraph 0001), a rotary atomizer comprising a gap detection system configured to monitor temperature associated with a distance between a gas bearing and a vertical shaft (See Paragraphs 0005-0006 disclosing that bearing temperatures are monitored. Temperature is associated with a distance between the bearing and the vertical shaft because contact between the bearing and the vertical shaft results in friction which leads to increased temperatures).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 6 above such that the gap detection system also monitors a temperature of the one or more gas bearings, since doing so would utilize a known technique taught by Thomsen to yield the predictable result of detecting bearing wear due to friction (See Thomsen Paragraph 0006).
Regarding Claim 8, in reference to the rotary atomizer of Kim as applied to Claim 6 above, Kim does not disclose wherein the gap detection system monitors a resistance level associated with a distance between the one or more gas bearings and the vertical shaft when the vertical shaft rotates during operation of the rotary atomizer.
However, Thomsen discloses, in the same field of endeavor of rotary bearings (See Paragraph 0001), a rotary atomizer comprising a gap detection system that monitors a resistance level associated with a distance between a gas bearing and a rotating vertical shaft when the vertical shaft rotates during operation of the rotary atomizer (See Paragraphs 0005-0006 disclosing that bearing temperatures are monitored. Temperature is equivalent to a resistance level because elevated temperatures are due to increased friction due to physical resistance between the gas bearing and the vertical shaft, which is associated with a distance between the bearing and the vertical shaft because contact between the bearing and the vertical shaft results in more friction which leads to increased temperatures, while more distance between the bearing and the vertical shaft results in less friction, which leads to decreased temperatures).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rotary atomizer of Kim as applied to Claim 6 above such that the gap detection system also monitors a temperature of one or more gas bearings of the one or more gas bearings, thus resulting in the gap detection system monitoring a resistance level (temperature) associated with a distance between the one or more gas bearings and the rotating vertical shaft when the vertical shaft rotates during operation of the rotary atomizer, since doing so would utilize a known technique taught by Thomsen to yield the predictable result of detecting bearing wear due to friction (See Thomsen Paragraph 0006).
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Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
Regarding Claim 1, which is now rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim, applicant argues that Kim does not teach wherein the one or more gas bearings each comprise a plurality of detached segments arranged circumferentially around the vertical shaft as now required by Claim 1.
These arguments are not found persuasive. In accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004). As shown in Annotated Fig. 1 above and Per Col. 5 Lines 7-10, Kim teaches a single gas bearing #43c that is made up of two detached segments that are an upper and lower segment. Therefore, the disclosure of Kim reads on a broadest reasonable interpretation of the limitations of Claim 1 as noted above, and Claim 1 is rejected under 35 U.S.C. 102(a)(1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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/KEVIN EDWARD SCHWARTZ/Examiner, Art Unit 3752 March 11, 2026