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 Invention III in the reply filed on January 18, 2026 is acknowledged.
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 18, 2026.
Applicant's election with traverse of Species D (figure 9) in the reply filed on January 18, 206 is acknowledged. The traversal is on the ground(s) that claims 11-19 are generic to Species C and Species D and that Species C and Species D are obvious variants of each other. This is found persuasive and the election requirement between Species C and Species D is withdrawn. The election requirement between Species A, Species B and Species C/D remains in effect.
The requirement among Species A, Species B and Species C/D is made FINAL.
Priority
The current application claims priority to Provisional Application Number 63/345,075. Claims 11-19 are not entitled to the benefit of the earlier filing date of Provisional Application Number 63/345,075 because the provisional application does not support/disclose the currently claimed subject matter of claims 11-19.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ends overlapping” recited in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 11-19 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 11 appears to be directed to an apparatus, a fluid diffuser. Yet, the claim recites “for use” in line 1. It is uncertain whether the claim is directed to an apparatus or a method of use. The claim appears to cross two statutory classes of inventions.
Claim 11 recites the limitation "the flow" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the fluid" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “comprising” in line 2. It is uncertain whether the reference is to the “fluid diffuser” or the “constricted space.”
Claim 11 recites the limitation "material" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the coils" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “fluid improved dispersion and heat retention” in line 4. There is insufficient antecedent basis for this limitation in the claim. Additionally, the claim fails to provide a reference to determine “improved.” It appears that the determination of “improved” is subjective. What may be considered “improved” by one of ordinary skill in the art may not be considered “improved” by another of ordinary skill in the art.
Claim 12 recites the limitation “material” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “material” recited in claim 11.
Claim 12 recites the limitation "the output end" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “material” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “material” recited in claim 11.
Claim 13 recites the limitation "the output" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “material” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “material” recited in claim 11.
Claim 14 recites the limitation “wire” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is uncertain whether the reference is to the “at least one coil” or the “material.”
Claim 16 recites the limitation “a donut shape” in line 1. It appears to be a double inclusion of the “donut shape” recited in claim 11.
Claim 18 recites the limitation “the metal sleeve and is energized” in line 1. The recitation appears to be grammatically incorrect.
Claim 18 recites the function “is energized” in line 1. The claim fails to recite structure to perform the function. The structure recited by the claim is not commensurate in scope with the function recited in the claim.
Claim 19 recites the limitation “material” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears to be a double inclusion of the “material” recited in claim 11.
Claim 19 recites the function “is energized” in line 1. The claim fails to recite structure to perform the function. The structure recited by the claim is not commensurate in scope with the function recited in the claim.
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 to 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) 11, 12, 14-19 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooper (5,996,906).
Cooper discloses a fluid diffuser for use along the flow of a projected fluid (fluid exiting nozzle 3) through which the fluid (water 4) passes inside a constricted space (internal space of nozzle 3) comprising at least one coil 5 of material (wire mesh, col. 8, ll. 27-30) having two ends (inherent, wire mesh must have at least one starting and ending ends) wherein the ends are positioned with the ends overlapping (the ends inherently overlap with the wire mesh in a knitted or woven wire fabric) forming a face 6 perpendicular to the coils in a donut shape (cylinder of cover 5 is of donut shape) allowing for fluid improved dispersion and heat retention of the fluid;
wherein the at least one coil of material is positioned at the output end (output end of nozzle 3) of the constricted space;
wherein the at least one coil of material is comprised of wire (woven wire, col. 8, ll. 27-30);
wherein the wire is comprised of metal (stainless steel, col. 8, ll. 27-30);
wherein the coils in a donut shape are positioned in a manner allowing the fluid to pass perpendicularly through the donut shape (see figure 3);
wherein the constricted space is comprised of a sheet metal sleeve (upstream end of nozzle 3, see figure 3);
wherein the metal sleeve and is energized (energized with the energy of the flowing water);
wherein the at least one coil of material is energized (energized with the energy of the flowing water).
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) 13 (as best understood) is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (5,996,906).
Cooper discloses the limitations of the claimed invention with the exception of the at least one coil material being positioned within the constricted space away from the output. Per Applicant’s admission of obvious variant, positioning the at least one coil of material within the constricted space is obvious. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have positioned the at least one coil 5 of material (wire mesh, col. 8, ll. 27-30) within the constricted space in the device of Cooper.
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
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