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 .
Election/Restrictions
Applicant’s election without traverse of Species A (figures 1-15) in the reply filed on October 17, 2025 is acknowledged.
Claims 11, 12, and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 17, 2025.
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 1-10 and 13-15 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 1 recites the limitation "liquid" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “said additional part (5) being arranged so as to gyrate a jet of liquid about an axis (XX’) of the body” in lines 7-8. The claim fails to recite structure to accomplish the function of “to gyrate jet of liquid.” An “additional part” in itself is insufficient to accomplish the function. The structure recited by the claim is not commensurate in scope with the function recited by the claim.
In claim 1, line 6, the comma following “part (5)” is grammatically incorrect.
Claim 2 recites the limitation “liquid” in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “liquid” recited in claim 1.
Claim 2 recites the limitation “tangentially” in line 5. The claim fails to define a reference to determine “tangentially.”
Claim 3 recites the limitation “each” in line 3. The recitation is idiomatically incorrect. Only one cross-sectional dimension is recited. It is uncertain what is being referenced by “each.”
Claim 4 recites the limitation "equivalent flow rate" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
The term “minimal” in claim 5 is a relative term which renders the claim indefinite. The term “minimal” 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 cross section limited by the claim is uncertain.
Claim 5 recites the limitation "said minimal dimension" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “ten per cent” in line 4. The claim fails to provide a reference to determine “ten per cent,” i.e., ten per cent of what?
Claim 6 recites the limitation “liquid” in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “liquid” recited in claim 1.
Claim 6 recites the limitation “ambient air” in line 3. It appears to be a double inclusion of the “air” recited in claim 1.
Claim 7 recites the limitation "those of the decompression chamber" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "those of an outlet" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the dimensions" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the cross-section" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the manner" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “increase” in line 4. The claim fails to define a reference to determine “increase.”
Claim 10 recites the limitation "the fluid" in line 4. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of at least the liquid and/or the air recited in claim 1.
Claim 13 recites the limitation “a tangential velocity” in line 3. The claim fails to provide a reference to determine “tangential.”
Claim 13 recites the limitation "the fluid" in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of at least the liquid and/or the air recited in claim 1.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with indefiniteness.
The above listing is only exemplary. Applicant is required the review and amend all of the claims in their entirety to ensure full compliance with 35 U.S.C. 112(b).
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) 1-8 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Negoro (7,066,409).
Negoro discloses a concial-jet spray nozzle comprising:
a body 2, of generally axisymmetric shape, with an inlet zone 3 for liquid and an outlet 5, and
a core 8, at least partially housed in the body, arranged to as to mix the liquid passing through with air (not positively recited), upstream from the outlet, and
an additional part 7, disposed downstream from the inlet zone and upstream from the core, said additional part being arranged so as to gyrate a jet of liquid about an axis (longitudinal axis) of the body;
wherein the additional part comprises a chamber (space between blades 24a, 24b, 24c), having revolving shape, and at least one intake channel (opening to blades 24a, 24b, 24c) for liquid, the at least one intake channel opening into the chamber tangentially;
wherein the additional part further comprises a discharge conduit (conduit out of blades 24a, 24b, 24c), wherein the chamber opens axially, and said discharge conduit having a cross-section dimension (diameter of body 7) each greater than a cross-section dimension (opening of blades 24a, 24b, 24c) of the at least one intake channel;
wherein said at least one intake channel of the additional part has a cross-section dimension (opening dimension between blades 24a, 24b, 24c) greater than a diameter of a calibration nozzle disk (any nozzle disk greater than the opening dimension between blades 24a, 24b, 24c) of equivalent flow rate;
wherein said at least one intake channel of the additional part has a minimal cross-section dimension (cross section dimension of the opening to blades 24a, 24b, 24c),, and said minimal dimension is greater than a diameter of the calibration nozzle disk of equivalent flow rate, by at least ten per cent (any calibration nozzle disk that is smaller than the cross section dimension of the opening to blades 24a, 24b, 24c);
wherein the core comprises a decompression chamber (space between part 32), capable of mixing a jet of liquid with ambient air, and at least one intake conduit (opening to part 32) for the liquid, which opens into said decompression chamber, the core being disposed relative to the additional part such that the at least one intake conduit of said core is coaxial with an outlet of the additional part;
wherein the at least one intake conduit of the core has cross-sectional dimensions (dimensions of the opening to part 32) less than those of the decompression chamber (overall diameter of part 32);
wherein the intake conduit of the core has cross-section dimensions (overall diameter of part 32) greater than those of an outlet (outlet of blades 24a, 24b, 24c) of the additional part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK