DETAILED ACTION
Response to Amendment
The Amendment filed 4/17/26 has been entered. Claims 1-15 remain pending in the application. Claim(s) 11-15 have been withdrawn. New claim(s) 16-17 have been added. Applicant's arguments have overcome the objections to the drawings previously set forth in the Non-Final Rejection mailed 11/10/2025. Applicant's amendments to the claims have overcome the 112(b) rejections previously set forth in the Non-Final Rejection mailed 11/10/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/17/26 has been considered by the examiner.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-10 and 16-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The term “wide” in claim 1 is a relative term which renders the claim indefinite. The term “wide” or “within wide limits” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The operating range of the spray mist flow rate the apparatus must be capable of irrespective of the operating parameters of the atomizer is unclear. Claims 2-10 and 16-17 are rejected due to their dependence on rejected claim 1.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 2-10 and 16-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The closest prior art is Hummel et al. (DE 102017001210 A1), as machine translated, in view of Grobler et al. (US 20120247627 A1), as set forth in the Non-Final Rejection mailed 11/10/2025.
The references do not teach or suggest wherein the spray mist flow rate through the charge volume Vo is adjustable within wide limits irrespective of the operating parameters of the atomizer.
Response to Arguments
Applicant's arguments filed 4/17/26 have been fully considered. Applicant argues that Hummel more particularly does not teach or suggest the decoupling of recirculation from atomization, thereby enabling a spray mist flow rate which is controllable within a wide parameter range irrespective of the operating parameters of the atomizer, as recited in Claim 1 as-amended (remarks, page 10). Applicant argues that the decoupling of spray mist flow rate from atomization is an apparatus configuration, i.e. a product limitation (remarks, page 10). Applicant argues that the inventive decoupling results in the inventive apparatus performing altogether differently than the prior art (remarks, page 10). Applicant argues that Grobler, cited for its recirculation fan, does not teach or suggest ventilators or fans having the recited spray mist volume flow rate (remarks, page 11). Applicant argues that the claimed ventilators or fans are sized, i.e. constructed or configured, so as to produce the recited spray mist volume flow; hence the recited spray mist volume flow is a product limitation (remarks, page 11). Applicant argues that Grobler, merely generically noting a circulation fan, further does not teach or suggest the decoupling of recirculation from atomization, thereby enabling a spray mist flow rate which is controllable within a wide parameter range irrespective of the operating parameters of the atomizer, as recited in the claims as-amended (remarks, page 11). These arguments have been fully considered and are persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA JANSSEN whose telephone number is (571)272-5434. The examiner can normally be reached on Mon-Thurs 10-7 and alternating Fri 10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. The Examiner requests that interviews not be scheduled during the last week of each fiscal quarter or the last half of September, which is the end of the fiscal year. Q4: 9/21-9/30/26.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Hendricks can be reached on (571)272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA JANSSEN/Primary Examiner, Art Unit 1733
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