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 .
Response to Amendment
This office action is responsive to the amendment filed 30 December 2025. As directed by the amendment: claim 9 is cancelled and claims 13-16 are newly presented. Claims 1-8 and 10-16 are presently pending in this application.
Response to Arguments
Applicant’s arguments, see 7-11, filed 30 December 2025, with respect to the rejection(s) of claim(s) 1-12 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fish et al. (US 2015/0017601) and Yoshinari (JP 2005-230794).
Claim Objections
Claim 14 is objected to because of the following informalities: “powder straying device” should be “powder spraying device”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1 recites the limitation “operating a flow volume control means”. There is no specific structure attached to this and there is functional language modifying the claim. Claims 2, 4, 10, 12 and 13 also recite the “flow volume control means” limitation, the interpretation under 35 USC 112(f) applies. This will be interpreted as something that can start or stop a process of something moving.
Claim 2 recites the limitation “an opening/closing means for opening and closing the first transfer pipe”. Claims 3 and 4 also recite the “opening/closing means” limitation, the interpretation under 35 USC 112(f) applies. This will be interpreted as a door, slide or moving object that can open or close a space.
Claim 7 recites the limitation “a vibrating means is attached to the outer surface of the first transfer pipe or the second transfer pipe”. There is no specific structure attached to this and there is functional language modifying the claim. Claims 13, 15 and 16 also recite the “vibrating means”, limitation the interpretation under 35 USC 112(f) applies. This will be interpreted as something that creates or has a moving property in repetitive, oscillating manner.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation is: “comprising a spraying means connect to the other side of the second transfer pipe to spray the transferred powder and the air to the outside” in claim 8.
Because this claim limitation is not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 10-16 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 limitation “operating a flow volume control means” in claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. This limitation does not provide a structure, material or specific act within the device. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 2-8 and 10-16 are rejected for their dependency on claim 1.
Claim limitation “an opening/closing means for opening and closing the first transfer pipe” in claim 2 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. This limitation does not provide a structure, material or specific act within the device that is clear what this limitation is describing. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 3 and 4 have similar limitations without the necessary structure, material or act.
Claim limitation “a vibrating means is attached to the outer surface of the first transfer pipe or the second transfer pipe” in claim 7 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. This limitation does not provide a structure, material or specific act within the device that is clear what this limitation is describing. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 13, 15 and 16 have similar limitations without the necessary structure, material or act.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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) 1-6, 8, 10-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fish et al. (US 2015/0017601).
Regarding claim 1, Fish discloses a powder spraying device (Fig. 1, 10) comprising:
a powder container part (Fig. 1, 32) for containing powder (Fig. 1, 28);
a first transfer pipe (Fig. 1, 14) having one side connected to the powder container part to transfer the powder contained in the powder container part (Fig. 1, where 14 is connected to 32 and transfers 28, ¶[0023]);
a second transfer pipe (Fig. 1, 20) connected to the other side of the first transfer pipe to transfer air and the powder transferred from the first transfer pipe (¶[0021], where 28 along with pressurized air are transferred through 20); and
an air supply part (Fig. 7, 146) connected to one side of the second transfer pipe to supply air to the second transfer pipe (¶[0043]), and
a trigger (Fig. 1, 62) for operating a flow volume control means (Fig. 4, 46) (¶[0025]),
wherein the first transfer pipe is provided with the flow volume control means to control the flow volume of the powder transferred therein (Fig. 4, 46, where the cavity is an opening that only allows a certain amount of 28 to enter the pipe 14, ¶[0037]).
Regarding claim 2, Fish discloses the powder spraying device of claim 1, Fish further discloses wherein the flow volume control means comprises:
an opening/closing means (Fig. 2, 60) for opening and closing the first transfer pipe (¶[0025]);
a piston (Fig. 2, 40) connected to one side of the opening/closing means to perform a forward and backward reciprocating motion of the opening/closing means (¶[0036]); and
an elastic support (Fig. 4, 102) connected to the other side of the opening/closing means to support the forward and backward reciprocating motion of the opening/closing means (¶[0036]).
Regarding claim 3, Fish discloses the powder spraying device of claim 2, Fish further teaches wherein the opening/closing means (60) has an opening hole (Fig. 4, 56) formed on one side there inside (¶[0030]).
Regarding claim 4, Fish discloses the powder spraying device of claim 2, Fish further teaches wherein the flow volume control means (46) further comprises a frame (Fig. 4, 42) for supporting the first transfer pipe, the opening/closing means, the piston, and the elastic support (¶[0023], where the housing 42 supports the piston, spring a pipe and a slider.
Regarding claim 5, Fish discloses the powder spraying device of claim 1, Fish further discloses wherein the powder container part is formed in a funnel shape in which the diameter thereof decreases toward the first transfer pipe (Fig. 1, where 32 is a funnel shape that has a larger diameter at the top which becomes smaller near pipe 14).
Regarding claim 6, Fish the powder spraying device of claim 1, Fish further discloses further comprising an air pump switch for operating the air supply part (¶[0042]).
Regarding claim 8, Fish discloses the powder spraying device of claim 1, Fish further discloses further comprising a spraying (Fig. 1, 24) means connected to the other side of the second transfer pipe to spray the transferred powder and the air to the outside (¶[0026]).
Regarding claim 10, Fish discloses the powder spraying device of claim 1, Fish further discloses further comprising a power supply part for operating the air supply part and the flow volume control means (¶[0042], where an electrical circuit can provide power to operate the air supply and volume control when 62 is operated).
Regarding claim 11, Fish discloses a powder spraying device comprising:
a powder container part (Fig. 1, 32) for containing powder (Fig. 1, 28);
a first transfer pipe (Fig. 1, 14) having one side connected to the powder container part to transfer the powder contained in the powder container part (Fig. 1, where 14 is connected to 32 and transfers 28, ¶[0023]);
a second transfer pipe (Fig. 1, 20) connected to the other side of the first transfer pipe to transfer air and the powder transferred from the first transfer pipe (¶[0021], where 28 along with pressurized air are transferred through 20); and
an air supply part (Fig. 7, 146) connected to one side of the second transfer pipe to supply air to the second transfer pipe (¶[0043]),
wherein the powder container part is formed in a funnel shape in which the diameter thereof decreases toward the first transfer pipe (Fig. 1, where 32 is a funnel shape that has a larger diameter at the top which becomes smaller near pipe 14).
Regarding claim 12, Fish discloses an operating method of the powder spraying device of claim 1, the method comprising:
operating the air supply part to supply air to the second transfer pipe (¶[0028]);
operating the flow volume control means to supply the powder contained in the powder container part to the first transfer pipe and the second transfer pipe (¶[0028]);
and releasing the powder supplied to the second transfer pipe to the outside together with the air (¶[0021] & [0028]).
Regarding claim 14, Fish discloses the powder spraying device of claim 1, wherein the powder straying device has a gun shape (Fig. 1, where the device is gun shaped).
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) 7, 13, 15 and 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fish et al. (US 2015/0017601) in view of Yoshinari (JP 2005-230794).
Regarding claim 7, Fish discloses the powder spraying device of claim 1, however, Fish does not specifically teach wherein a vibrating means is attached to the outer surface of the first transfer pipe or the second transfer pipe.
Yoshinari teaches wherein a vibrating means (Fig. 1, 25) is attached to the outer surface of the first transfer pipe or the second transfer pipe (Fig. 1, where the vibrating means is attached to the outer surface of either pipe 14 or pipe 20). By modifying Fish it would improve the device by preventing the device from clogging or having powder get stuck and not move for ejection (¶[0011] from Yoshinari).
Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Kanai to include vibrating means (Fig. 1, 25 from Yoshinari) in order to prevent clogs (¶[0011] from Yoshinari).
Regarding claim 13, Fish discloses the powder spraying device of claim 1, further comprising:
a handle part (see annotated figure below), and
wherein the trigger is located on a handle part (Fig. 1, 62, see annotated figure below for handle part),
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Fish does not specifically teach a vibrating means, when the trigger is pushed, the flow volume control means and the vibrating means are operated, and when the trigger is released, operating of the flow volume control means and the vibrating means are stopped.
Yoshinari teaches wherein a vibrating means (Fig. 1, 25) is attached to the outer surface of the first transfer pipe or the second transfer pipe (Fig. 1, where the vibrating means is attached to the outer surface of either pipe 14 or pipe 20). By modifying Fish, it would improve the device by preventing the device from clogging or having powder get stuck and not move for ejection (¶[0011] from Yoshinari). Yoshinari further teaches a trigger that operates the device including the vibrating means (Fig. 1, 25, ¶[0030]). The trigger also operates the opening and closing of the device and stops the vibrating means and flow control when the trigger is released (¶[0032] & [0035]).
Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Kanai to include vibrating means (Fig. 1, 25 from Yoshinari) in order to prevent clogs (¶[0011] from Yoshinari).
Regarding claim 15, Fish discloses the powder spraying device of claim 1, the combination of Fish and Yoshinari further teaches wherein a vibrating means is attached to the outer surface of the second transfer pipe (where the combined vibrating means 25 from Yoshinari can be attached to either pipe 14 or pipe 20 on an outer surface in Fish).
Regarding claim 16, Fish discloses the powder spraying device of claim 1, the combination of Fish and Yoshinari further teaches further comprising a vibrating means attached to where the first transfer pipe meets the second transfer pipe (where the combined vibrating means 25 from Yoshinari can be attached to either pipe 14 or pipe 20 on an outer surface in Fish).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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