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 .
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 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.
In claim 1, line 1, the word “generally” in the phrase “a generally planar pressure relief valve” is a relative term which renders the claim indefinite. In addition, in claim 1, lines 5-6, the phrase “each valve” is recited. It is unclear which valves the claim is referring to. For the purpose of examination, the phrase “planar pressure relief valve” is assumed “planar pressure relief valves” is assumed. Also, in claim 1, lines 5-6, the phrase “each planar pressure relief valve” is assumed.
In claim 1, line 12, the phrase “the unpressurized circuit” lacks proper antecedent basis. For the purpose of examination, the phrase “an unpressurized circuit” is assumed.
In claim 1, line 14, the phrase “the air valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the air-supply valve” is assumed.
In claim 1, line 18, the phrase “the reservoir” lacks proper antecedent basis. For the purpose of examination, the phrase “the unpressurized wetting fluid reservoir” is assumed.
In claim 1, line 24, the phrase “the reservoir” lacks proper antecedent basis. For the purpose of examination, the phrase “the unpressurized wetting fluid reservoir” is assumed.
In claim 5, line 2, the phrase “the reservoir” lacks proper antecedent basis. For the purpose of examination, the phrase “the unpressurized wetting fluid reservoir” is assumed.
In claim 5, line 6, the phrase “one circuit” lacks proper antecedent basis. For the purpose of examination, the phrase “one fluid supply circuit” is assumed.
In claim 5, line 6, the phrase “the second valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the second one-way valve” is assumed.
In claim 5, line 7, the phrase “the first valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the first one-way valve” is assumed.
In claim 5, line 8, the phrase “the other circuit” lacks proper antecedent basis. For the purpose of examination, the phrase “the other fluid supply circuit” is assumed.
In claim 5, lines 8-9, the phrase “the first valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the first one-way valve” is assumed.
In claim 5, line 9, the phrase “the second valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the second one-way valve” is assumed.
In claim 8, line 2, the phrase “the valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the air-supply valve” is assumed.
In claim 8, line 4, the phrase “the valve” lacks proper antecedent basis. For the purpose of examination, the phrase “the air-supply valve” is assumed.
In claim 8, line 4, the phrase “the other circuit” lacks proper antecedent basis. For the purpose of examination, the phrase “the other fluid supply circuit” is assumed.
In claim 10, line 3, the phrase “the reservoir” lacks proper antecedent basis. For the purpose of examination, the phrase “the unpressurized wetting fluid reservoir” is assumed.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
339
Claim(s) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over DE 19926719A1 in view of EP-0455109A1 and Shaffer (US 4,232,055).
DE’719 teaches (see Fig 1-3 and para [0032-0033], unlabeled items of Fig 3 are read in similar manner as Fig 1) a wetting fluid applicator (device 2 with a system 4 of painting facility, see Fig 1) capable of applying wetting fluid within planar pressure relief s prior to application of the vent to a package, the applicator (device 2) comprising: a controller (control device, see para [0019] [0024]); a spray head (see para [0032] for consumer removal points 8 in communication with a ring line 6 of a painting station; and [0007] teaching commonly known spraying device 2, as shown by EP 0455 109B1, see Figure); an unpressurized wetting fluid reservoir (container 10) in fluid communication with the spray head through a first fluid supply circuit (a filling line 48, line section 58 and ring line 6) and, alternatively, a second fluid supply circuit (line section 60 and ring line 6); an air-supply valve (30) capable of being controlled by the controller (pressure control device setting pressure difference between two pressure containers) to deliver pressurized air to the first fluid supply circuit (58) and, alternatively, to the second fluid supply circuit (line 60) and to vent air from an unpressurized circuit (return lines 38, 40 connected to a venting device 37); and each of the first and second fluid supply circuits (58, 60) includes: a cylinder (18, 20) operatively connected to the air-supply valve (30) and whereby, an increase in air pressure in one fluid supply circuit is capable of charging the spray head while simultaneous release of air pressure in the other fluid supply circuit replenishes that circuit with wetting fluid from the unpressurized wetting fluid reservoir (see para [0034] and claim 1 for compressed gas supplied simultaneously).
DE’719 lacks specifically teaching a spray head and an air-supply valve controlled by the controller for delivering wetting fluid and pressurized air; and air-driven piston/cylinder system in the embodiment of Fig 1). However, in the embodiment of Fig 3, DE’719 teaches an air-driven piston in the cylinder (arrangement 100, 102) which advances to provide fluid pressure charging the spray head with wetting fluid and which retracts to create negative fluid pressure replenishing the cylinder with wetting fluid (see Fig 3 and para [0044] for the air cushion 68, 70 generated and relaxed above the lacquer in the material pressure container 18 and 20); a fluid supply line (line 48) in one-way fluid flow connection from the unpressurized wetting fluid reservoir (see Fig 3 for container 92) to each fluid supply circuit (58, 60) and cylinder (18,20); and a fluid delivery line (feed 12) in one-way fluid flow connection from the cylinder (18,20) to the spray head (points 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a cylinder/ air driven piston arrangement as claimed in the embodiment of Fig 1 to form a mechanically acting self-regulating compensation device, it is therefore no longer necessary to blow it off into the atmosphere and refill it as taught by DE’719 (see para [0044]). With respect to a spray head and air supply pipe controlled by a controller, Shaffer teaches (see Figs 1 and 4-5) a controller (90) controlling a spray gun (38) and an air supply valve, wherein the spray head (gun 38) is automatically actuated responsive to a signal from the controller (see column 8, lines 47-61). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a sprayer and an air-supply valve controlled by a controller, the spray head delivers paint responsive to a signal from the controller to automatically operate the system in the form of a programmed computer which sequentially closes valves to supply control air to the valves and regulate the flow of paint to the spray gun as taught by Shaffer (see column 8, lines 32-44).
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over DE 19926719A1 in view of EP-0455109A1 and Shaffer (US 4,232,055) as applied to claim 1 and further in view of JP 2549938B2.
In the embodiment of Fig 3, DE’719 teaches adjusting device 108, 110 in the form of pneumatic elements interacting with a pressure source 16 including a valve, but lacks teaching the piston including a spring biasing upon loss of air pressure. However, JP’938 teaches (see Fig 3) a piston (6) advanced by air pressure from the air-supply valve (24) and is biased to a retracted position upon loss of the air pressure, and including a spring (8) which biases the piston to the retracted position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a piston including a spring biasing upon loss of air pressure in DE’719 as modified to reliably inject air during the liquid injection period depending the strength of the springs as taught by JP’938 (see English Translation on page 3).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over DE 19926719A1 in view of EP-0455109A1 and Shaffer (US 4,232,055) as applied to claim 1 and further in view of JP H078854A (see English Translation pages 1-7).
DE’719 teaches a controlled piston/cylinder arrangement, but lacks teaching the air-supply valve further includes first and second solenoid operatively connected to a controller. However, JP’854 (see Fig 1) teaches the air-supply valve including a first solenoid (18a) operatively connected to a controller (30) which operates the valve to deliver pressurized air to one fluid supply circuit and a second solenoid (bleeder 19 connected to solenoid 1) to operatively connected to the controller (30) which operates the valve to vent air from the other circuit (see English Translation on pages 3-4 under para [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include first and second solenoid operatively connected to the controller in DE’719 as modified to maintain the flow of the coating material at a predetermined flow rate as taught by JP’854 (see English Translation on page 3).
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 19926719A1 in view of EP-0455109A1 and Shaffer (US 4,232,055) as applied to claim 1 and further in view of JP 2001/190991A.
DE’719 teaches an unpressurized wetting fluid reservoir replenished with wetting fluid during operation of the wetting fluid applicator with a cover (see Figs 1 and 2 for a container 10 provided with a cover), but lacks specifically teaching a lid which may be removed to visually check an amount of wetting fluid in the reservoir. However, JP’991 teaches (see Fig 1A) an unpressurized wetting fluid reservoir (container 1) including a lid 3 which may be removed (removed by one-touch operation so the coating material does not flow out of the inclined container) – the lid capable of function to visually check an amount of wetting fluid in the reservoir during operation of the wetting fluid applicator (when spray gun or nozzle 13 painting upward). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a removable lid in DE’719 to replenish coating material in the reservoir as desired.
Allowable Subject Matter
Claims 5-7 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 following is a statement of reasons for the indication of allowable subject matter: In the embedment of Fig 3 of closest art of record wherein piston driving occurs with arrangement 100, 102, DE’719 does not specifically teach each fluid supply circuit provided with a first one-way valve between the reservoir and the fluid supply line and a second one-way valve between the cylinder and the spray head. As shown in the figure 3 of DE’719 (refer Fig 1 for labels of the item) the feed line (12) and the return line (14) are provided with valves (shut-off devices 52, 56) along the feed line and valves (shut-off devices 62,64) along the return line. However, a valve (not labeled, see Fig 3) along the line connecting the container 92 to the feed and the return lines (the feed and return line shares this not labeled valve). Each of the first and second fluid supply circuits is not provided with a first one-way valve between the reservoir and the fluid supply line and a second one-way valve between the cylinder and the spray head. Furthermore, the first and second one-way valves don’t restrict fluid flow in opposite direction (see Fig 3 for the arrows showing the flow directions along the valves). Prior art of record does not disclose or suggest a wetting fluid applicator, the applicator comprising, among others, a controller; a spray head; an unpressurized wetting fluid reservoir in fluid communication with the spray head through a first fluid supply circuit and, alternatively, a second fluid supply circuit; an air-supply valve; and each of the first and second fluid supply circuits includes: a cylinder operatively connected to the air valve; an air-driven piston in the cylinder; wherein: each fluid supply circuit includes a first one-way valve between the unpressurized wetting fluid reservoir and the fluid supply line and a second one-way valve between the cylinder and the spray head, the first and second one-way valves restricting fluid flow in an opposite direction; and a piston-driven increase in fluid pressure in one of the first and second fluid supply circuit opens the second one-way valve with the first one-way valve closed to deliver wetting fluid to the spray head while simultaneous piston-driven negative pressure in the other fluid supply circuit opens the first one-way valve with the second one-way valve closed to induct wetting fluid into the cylinder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEWEBDAR T TADESSE whose telephone number is (571)272-1238. The examiner can normally be reached 7.00-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YEWEBDAR T. TADESSE
Primary Examiner
Art Unit 1717
/YEWEBDAR T TADESSE/