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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/9/2025 has been entered.
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 6 and 9 is 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.
Regarding claim 6, it is unclear how the first end face can bear against the second end face, and have the seal also be clamped between them. If the seal is between the two end faces, how can the two end faces bear against each other?
Regarding claim 9, it is unclear if the seal is connected to the needle by force fit, and adhesive bonding or welding, or one of the three.
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) 1, 2, 4-6, 9 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simon (2,186,214).
Regarding claim 1, Simon shows a spraying device (fig 1) for creating a spray jet, the spraying device comprising: a nozzle assembly (10, 7, 19) removably couplable to the spraying device (fig 1), the nozzle assembly including a needle (36 and 27 form the needle) configured to move between a closed position (fig 2) and an open position (fig 1), a nozzle body (10, 19) having a front nozzle body portion (10) and a back nozzle body portion (19), a compression spring (44) and a seal (16) having a first portion (outer portion of 16) and a second portion (inner portion of 16), wherein the first portion of the seal is clamped between the front nozzle body portion and the back nozzle body portion (fig 1), wherein the second portion of the seal is configured to deform (fig 1, 2), wherein the front nozzle body portion comprises a nozzle opening (28) and a feed (inside 32), wherein the back nozzle body portion comprises a needle guide (inner wall of 19 and 39) configured to guide movement of the needle from the open position to the closed position (fig 1, 2), the needle guide having a wall (fig 1, 39), wherein the wall of the needle guide limits a deformity of the second portion of the seal (fig 2, 1), wherein the seal subdivides an interior enclosed by the nozzle body into an antechamber (17) and a paint chamber (inside 39), wherein the seal is connected fixedly to the needle (fig 1, 2), wherein the seal is in the form of a membrane seal and is connected fixedly to the nozzle body (fig 1, 2), and wherein the compression spring is clamped in place between the needle guide and a rear collar (31) of the needle, and wherein a spring force of the compression spring actuates the needle to the open position (fig 1).
But fails to disclose that the liquid is paint.
However, paint is a well-known liquid in the art of spraying and atomizing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the atomizing device of Simon to atomize paint instead of water, in order to paint a surface a different color.
Regarding claim 2, and further comprising: a tension spring (42) in operative communication with the compression spring, wherein a spring force of the tension spring is greater than the spring force of the compression spring such that the needle is actuated to the closed position (fig 2) when the paint nozzle assembly is coupled to the paint spraying device
Regarding claim 4, when the needle is in the closed position (fig 2), the seal is deformed in the direction of the nozzle opening (fig 2) such that the seal bears on a wall of the front nozzle body portion (at 15)
Regarding claim 5, wherein the nozzle body comprises a hollow cylindrical shell (39), and wherein the needle guide is formed by a perforated disk (39 is perforated at 47) which is integrally formed on an inner lateral surface of the hollow cylindrical shell, wherein a wall of the perforated disk is inclined from the hollow cylindrical shell in the direction of the compression spring (fig 1, inclined at 90 deg).
Regarding claim 6, wherein the front nozzle body portion comprises a rear flange (21) comprising a first end face, wherein the back nozzle body portion comprises a front flange (20) comprising a second end face, wherein the first end face bears against the second end face (fig 1), wherein the first end face and the second end face are screwed together (by the treads between 21 and 10), and wherein the first end face and the second end face lie opposite one another with the seal clamped in between (fig 1).
Regarding claim 9, Simona s modified above fails to disclose wherein the seal is connected to the needle by a force fit, wherein the needle is adhesively bonded or welded to the seal.
The examiner notes force fit, adhesively bonding is a well-known way of connecting two elements for ease of assembly.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use a force fit and an adhesive bonding connection between the paint nozzle assembly and the front and back ends of the paint sprayer for ease of assembly.
Regarding claim 11, wherein the spring force of the compression spring actuates the needle to the open position when the paint nozzle assembly is separated from the paint spraying device (it always does, fig 1)
Regarding claim 12, Simon shows a spraying device (fig 1) for creating a spray jet, the spraying device comprising: a body (2, 7) having a front end (7) and a back end (2), wherein the front end is configured to connect to the back end (fig 1), a source of liquid (23); and a nozzle assembly (10, 19) removably couplable to the body, the nozzle assembly including a needle (36 and 27 make up the needle), a compression spring (44), and a seal (16);wherein the nozzle assembly includes a liquid chamber (inside 19) and an antechamber (17); wherein the seal includes a first side facing the paint chamber and a second side facing the antechamber (fig 1), the second side opposite the first side; wherein the first side facing the paint chamber includes a radially inward edge configured to contact the needle (fig 1); wherein the second side facing the antechamber includes a radially outward edge configured to contact the paint nozzle assembly (fig 1); wherein, when the needle is in an open position, the radially inward edge of the first side is positioned upstream of the radially outward edge of the second side (fig 1), wherein the compression spring is positioned between the seal and a rear end of the needle (fig 1); and wherein a spring force of the compression spring is configured to actuate the needle to the open position (fig 1).
But fails to disclose that the liquid is paint.
However, paint is well known liquid in the art of spraying and atomizing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the atomizing device of Simon to atomize paint instead of water, and have the device connected to a paint container, in order to paint a surface a different color.
Regarding claim 13, wherein the paint nozzle assembly (Simon) is received between the front end (7) and the back end (2) in such a way that the paint nozzle assembly is both connected to the front end and connected to the back end
But fails to disclose that the connections are only by a form fit and/or by a force fit.
The examiner notes form fit and force fit are two well known ways of connecting two elements for ease of assembly and disassembly.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use form fit or force ft connections between the paint nozzle assembly and the front and back ends of the paint sprayer for ease of assembly and disassembly.
Regarding claim 14, a tension spring (42) positioned in the back end of the body of the paint spraying device, wherein a spring force of the tension spring is greater than the spring force of the compression spring and is configured to actuate the needle to a closed position when the paint nozzle assembly is coupled to the paint spraying device (fig 1)
Regarding claim 15, wherein, when the needle is in the open position, the radially inward edge of the first side is positioned upstream of the radially outward edge of the second side, relative to a flow direction of the paint spray jet (fig 1).
Regarding claim 16, wherein, when the needle is in the open position, the radially inward edge of the first side is spaced apart in an upstream direction from the radially outward edge of the second side (fig 1).
Regarding claim 17, wherein the radially inward edge of the first side is spaced apart from the radially outward edge of the second side in a radial direction, relative to a spray axis formed by a direction of the paint spray jet (fig 1).
Regarding claim 18, Simon shows a spraying device for creating a spray jet (fig 1), the spraying device comprising: a body having a front end (7) and a back end (2), wherein the front end is configured to connect to the back end (fig 1); a liquid source (23) configured to connect to the front end (23 connects to the front end by elements 10, 2 and 19); a nozzle assembly (10, 19, 27, 36 and 28) configured to be disposed between the front end and the back end (fig 1 shows part of the nozzle assembly between 7 and 2), the nozzle assembly including a needle (27 and 36), a nozzle body (10, 19), and a membrane seal (16); wherein the nozzle body comprises a nozzle opening (28), a feed (inside of 27), a compression spring (42), and a needle guide (inside surface of 19 and 39); wherein a wall of the needle guide (39) is inclined toward the compression spring (fig 1); wherein the compression spring is clamped in place between the wall of the needle guide (39) and a collar of the needle (31) such that a spring force of the compression spring actuates the needle to an open position (fig 1); wherein the membrane seal subdivides an interior space enclosed by the nozzle body into an antechamber (17) and a liquid chamber (inside 19), wherein the interior space comprises a diverging portion (fig 1, near where number 19 points to); and wherein the membrane seal is connected fixedly to the needle (fig 1).
But fails to disclose that the liquid is paint.
However, paint is well known liquid in the art of spraying and atomizing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the atomizing device of Simon to atomize paint instead of water, and have the device connected to a paint container, in order to paint a surface a different color.
Regarding claim 19, the wall of the needle guide limits a deformity of the membrane seal (fig 2).
Regarding claim 20, wherein the membrane seal includes a first side facing the paint chamber and a second side facing the antechamber (fig 1), the second side opposite the first side, wherein the first side facing the paint chamber includes a radially inward edge configured to contact the needle, wherein the second side facing the antechamber includes a radially outward edge configured to contact the paint nozzle assembly, wherein, when the needle is in an open position, the radially inward edge of the first side is positioned upstream of the radially outward edge of the second side (fig 1).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simon (2,186,214) in view of Forget et al. (2021/0301943)
Regarding claim 8, Simon shows all aspects of the applicant’s invention as in claim 1, but fails to show the seal is connected to the needle by a form fit, wherein, in order to receive the seal, the needle comprises a radially encircling groove into which the seal is snap-fitted after elastic expansion.
However, Forget et al. shows a valve where the seal (74) is connected to the needle (62) by a form fit, wherein, in order to receive the seal, the needle comprises a radially encircling groove (72) into which the seal is snap-fitted after elastic expansion.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a groove to the needle of Simon and have the seal snap fitted to the groove, in order to allow for easy separation of the needle and seal.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simon (2,186,214) in view of Wendt et al. (2019/0262786)
Regarding claim 7, Simon shows all aspects of the applicant’s invention as in claim 1, but fails to teach wherein the needle and the seal are formed in one piece, wherein the seal is formed from a plastic and is molded onto the needle.
Wendt et al. teaches wherein the needle (7) and the seal (9) are formed in one piece, wherein the seal is formed from a plastic and is molded onto the needle (col 5, line 30)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the needle and the seal formed as one piece, wherein the seal is formed from a plastic and is molded onto the needle for ease of manufacture.
Allowable Subject Matter
Claims 3 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 3 is allowable due to the claimed features of the claim in combination of the rest of the claimed limitations.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 3/10/2026