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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on November 26, 2025 is acknowledged.
Election/Restrictions
Applicant elected without traverse Group I in the reply filed on August 21, 2025.
Applicant elected with traverse Species B (figure 3) in the reply filed on August 21, 2025.
The requirement was still deemed proper and was therefore made FINAL in the Office action mailed on August 28, 2025.
Claims 4, 8 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 21, 2025.
Claim Rejections - 35 USC § 102
Claim(s) 1-3, 5-7, 11, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toda et al. (4,638,945).
Toda et al. disclose a nozzle comprising:
a nozzle body 1, 2, 4, 9 having a longitudinal axis, wherein the nozzle body has an inner tube 1, 9 connected to a feed for a substance to be sprayed and equipped with an inner tube channel (channel of inlet 9 and tube 1) comprising an inner tube channel inner wall (wall of inlet 9 and tube 1) and an inner tube channel cross-section having an inner tube channel cross-sectional area, and with an inner tube discharge opening (outlet opening of tube 1) having an inner tube discharge opening area, and an outer tube 2 surrounding the inner tube and connected to a feed 4a for a gas, comprising an outer tube discharge opening (downstream outlet of tube 2) having an outer tube discharge opening area, wherein an annular gap (conical annular gap between tubes 1 and 2 at the flange portion 2a and the current passage/gap between tubes 1 and 2 when tube 2 is press widened and tube 1 is press contracted, col. 2, ll. 54-58) exists between the inner tube and the outer tube, wherein the gas flows through the annular gap to the outer tube discharge opening, and wherein the inner tube discharge opening and the outer tube discharge opening together form a nozzle tip (downstream end/tip of tubes 1 and 2),
wherein a constriction (contraction of tube 1, col. 2, ll. 53-57, or ring-like grooves, col. 3, ll. 2-4) is provided in the inner tube channel carrying the substance to be sprayed at a distance from the inner tube discharge opening, and
wherein the inner tube channel cross-sectional area is smaller in the constriction than the inner tube channel cross-section area between the constriction and the inner tube discharge opening;
wherein the constriction is a section of the inner tube channel having a constriction length (length of the constriction);
wherein the inner tube channel cross-sectional area (cross sectional area of each constriction or each ring-like groove) is constant along the constriction length;
wherein the constriction has a constriction discharge opening (opening at the downstream end of the contraction), wherein the inner tube channel cross-section area widens in a flow direction of the substance to be sprayed along a constriction flowing-out length;
wherein the inner tube and the outer tube are arranged coaxially around the longitudinal axis;
wherein the inner tube and the outer tube are arranged relative to one another in such a way that the inner tube discharge opening is concentric with the outer tube discharge opening;
wherein the constriction is formed from a flexible material;
wherein a fluid chamber 11 for receiving and discharging fluid and having a chamber volume is provided in and/or at the flexible material, so that the inner tube channel cross-sectional area can be adjusted in the constriction;
wherein the inner tube is of multi-part (parts 1 and 9) design.
Claim(s) 1-3, 5-7 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (5,447,567).
Although not required by the claim, even if an annular gap is required at all times along the entire length,
Tanaka et al. disclose a nozzle comprising:
a nozzle body (body of nozzle 2) having a longitudinal axis, wherein the nozzle body has an inner tube 3 connected to a feed for a substance to be sprayed and equipped with an inner tube channel 4 comprising an inner tube channel inner wall 4a, 4b, 4c and an inner tube channel cross-section having an inner tube channel cross-sectional area, and with an inner tube discharge opening (outlet opening of path 4) having an inner tube discharge opening area, and an outer tube (outer tube of path 6) surrounding the inner tube and connected to a feed for a gas, comprising an outer tube discharge opening (downstream outlet of path 6) having an outer tube discharge opening area, wherein an annular gap 6, 6a exists between the inner tube and the outer tube, wherein the gas flows through the annular gap to the outer tube discharge opening, and wherein the inner tube discharge opening and the outer tube discharge opening together form a nozzle tip (downstream end/tip of nozzle 2),
wherein a constriction 4b is provided in the inner tube channel carrying the substance to be sprayed at a distance from the inner tube discharge opening, and
wherein the inner tube channel cross-sectional area is smaller in the constriction than the inner tube channel cross-section area between the constriction and the inner tube discharge opening;
wherein the constriction is a section of the inner tube channel having a constriction length (length of portion 4b);
wherein the inner tube channel cross-sectional area (cross sectional area of portion 4b) is constant along the constriction length;
wherein the constriction has a constriction discharge opening (opening at the downstream end of portion 4b), wherein the inner tube channel cross-section area widens in a flow direction of the substance to be sprayed along a constriction flowing-out length;
wherein the inner tube and the outer tube are arranged coaxially around the longitudinal axis;
wherein the inner tube and the outer tube are arranged relative to one another in such a way that the inner tube discharge opening is concentric with the outer tube discharge opening;
wherein the inner tube is of multi-part (parts 4a, 4b, 4c) design.
Response to Arguments
Applicant's arguments filed November 26, 2025 have been fully considered but they are not persuasive.
Applicant argues that Toda does not teach a constriction. Toda discloses that tube 1 is press contracted. The contraction that produces the vibration is inherently smaller in cross section than when the tube is relaxed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK