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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 19, 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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Claims 4, 8 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.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 § 112
Claims 1-3, 5-7 and 24 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 “an inner tube having a multi-part construction” in lines 2-3. It is uncertain whether the limitation is directed to the manner in which the inner tube is processed/formed, i.e., product by process. See MPEP 2113 for Product by Process consideration. The term “construction” describes the manner in which the inner tube is constructed. It does not describe the physical features/characteristics of the device. The inner tube may be constructed from multi parts, but the end result may be a seamless integral single element. Under the current circumstance, the recitation “a multi-part construction” does not further limit the currently claimed invention.
Claim 1 recites the limitation "fluid" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation “an inner tube channel section” in line 2. It appears to be a double inclusion of the “inner tube channel” recited in claim 1 because the “inner tube channel section” must be a part of the “inner tube channel.”
Claim 24 recites the limitation “having a constant inner tube channel cross-sectional area” in line 3. The recitation is grammatically incorrect. The recitation, as presented, describes the “constriction” and/or “the constriction outlet section of the constriction” which immediately precede(s) the recitation. Yet the recitation appears to further limit the “inner tube channel section.”
Claim 24 recites the limitation “a constant inner tube channel cross-sectional area” in line 3. It appears to be a double inclusion of the “inner tube channel cross-sectional area” recited in claim 1 because the “constant inner tube channel cross-sectional area” must be part of the “inner tube channel cross-sectional area.”
Claim Rejections - 35 USC § 102
Claim(s) 1-3, 5-7 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 having a multi-part construction (parts 1 and 9), the inner tube being 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) formed from a flexible material is provided in the inner tube channel carrying the substance to be sprayed at a distance from the inner tube discharge opening, the constriction comprising a constriction inlet section (upstream end of the contraction of tube 1) and a constriction outlet section (downstream end of the contraction of tube 1),
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 inner tube channel cross-sectional area decreases along a length of the constriction inlet section and increases along a length of the constriction outlet section (the vibratory nature of the constriction results in a curved constriction of tube 1 along the longitudinal length, col. 2, l. 60), and
wherein a fluid chamber (chamber formed between tubes 1 and 2) for receiving and discharging fluid (air or air-liquid mix, col. 2, l. 19) and having a chamber volume is provided in and/or at the flexible material, the fluid chamber being configured to adjust the inner tube channel cross-sectional area of the constriction;
wherein the constriction further comprises 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.
Response to Arguments
Applicant's arguments filed June 19, 2026 have been fully considered but they are not persuasive.
Applicant argues that Toda does not have a multi-part construction. Toda discloses an inner tube 1, 9 having a multi-part construction (constructed from tube 1 and tube of inlet 9).
Applicant argues that Toda’s does not disclose a constriction inlet section and a constriction outlet section. The constriction of Toda inherently has an inlet section (upstream end of the constriction) and an outlet section (downstream end of the constriction).
Applicant argues that Toda does not adjust the inner tube channel cross-sectional area of the constriction. The recitation “configured to adjust” merely requires some undefined characteristic that has the capability to perform the function of adjusting the inner tube channel cross-sectional area of the constriction. In Toda, the cross-sectional area of the constriction is adjusted relative to the non-constricted section of tube 1.
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.
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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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