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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9, 2026 has been entered.
The claim amendment filed on June 9, 2026 fails to properly reflect the changes made to the claims as required by 37 CRF 1.121(c). In the immediately prior version of the claims filed on January 8, 2026, claim 13 recites “a step of entraining a flow of an aqueous composition comprising the live biological control agents in the liquid phase to an opening in a wall of the spray tip.” In the version filed on June 9, 2026, claim 13 recites “a step of entraining a flow of an aqueous composition comprising the live biological control agents in the first liquid phase is entrained to the opening held non-responsive. In the interest of compact prosecution, the amendment of June 9, 2026 is held indefinite and examined as presented.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claims 1, 2, 4, 5, and 9-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites the limitation “the at least one flow of main air having an axial symmetry with respect to the main direction” in line 20. One flow of main air can only have an axial symmetry with respect to the main direction if the one flow of main air coincides with the main direction. The specification does not disclose one flow of main air coinciding with the main direction. One flow of main air 17 which is at an angle to the main direction 20 cannot be symmetrical to the main direction 20. See Applicant’s figure 1.
Claims 1, 2, 4, 5, and 9-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “the at least one air outlet being arranged in the wall of the spray tip so as to surround the liquid phase outlet” in lines 17-18. For one air outlet to surround the liquid phase outlet, the one air outlet must be annual. The disclosure, as originally filed, does not disclose an annular air outlet 16. Additionally, the disclosure, as originally filed, does not disclose at least one air outlet surrounding the liquid phase outlet.
Claims 1, 2, 4, 5, and 9-15 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 “the at least one flow of main air having an axial symmetry with respect to the main direction” in line 20. It is uncertain how one flow of main air 17 can be symmetrical to the main direction 20 when the one flow of main air 17 is at an angle with the main direction 20. See Applicant’s figure 1.
Claim 13 recites the limitation “a step of entraining a flow of an aqueous composition comprising the live biological control agent in the first liquid phase is entrained to the opening in a wall of the spray tip” in lines 6-8. The phrase appears to be grammatically and idiomatically incorrect. The phrase appears to contain two verbs: entraining and is. Based on Applicant’s failure to comply with 37 CRF 1.121(c), the accuracy of the text of claim 13 is uncertain.
Claim Rejections - 35 USC § 102
Claim(s) 1, 2, 4, 9 and 13-15 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Einbecker (2,511,626).
Einbecker discloses a system for dispersing live biological control agents, the system comprising:
a reservoir 8 of live biological control agents in a first liquid phase,
a reservoir 7 of enzymes in a second liquid phase,
a source of compressed air (source of compressed air for pipe 14), and
a nozzle 34, the nozzle being connected to the reservoir of the live biological control agents by a biological control agent line 54, and the nozzle being connected to the source of compressed air by a compressed air line 21, 14, the nozzle comprising a spray tip 34, 42, the reservoir of enzymes being fluidically connected to the biological control agent line by a mixer 41 configure to mix the first liquid phase and the second liquid phase (solution in receptacle 7),
the biological control agent line having a liquid phase outlet 43 configured to let a liquid phase jet (jet of discharged liquid) exit from the spray tip in a main direction, and the compressed air line having at least one air outlet 35,
the spray tip comprising a wall (wall of head 34), the liquid phase outlet being defined by an opening 39 in the wall of the spray tip, the system being configured to produce at least one flow of main air exiting the at least one air outlet,
the at least one air outlet being arranged in the wall of the spray tip so as to surround the liquid phase outlet (the four openings 35 surround the orifice 43 from top and bottom), a shape of the wall being configured to direct the at least one flow of main air in a convergent manner (col. 4, ll. 28-30) towards the liquid phase jet, the at least one flow of main air having an axial symmetry (see figure 4) with respect to the main direction;
the system comprising compression means 12, 13 (and line between valve 13 and cover 11) for compressing the reservoir of the live biological control agents, the compression means being configured to entrain a flow from the reservoir of the live biological control agents to the liquid phase outlet,
the compression means comprising a first compression line (line between valve 13 and cover 11), the first compression line directly connecting the compressed air line and the reservoir of the live biological control agents, so that the pressure in the compressed air line is equal to a pressure in the reservoir of the live biological control agents, and
the system comprising a second compression line 12, 15 directly connecting the compressed air line and the reservoir of enzymes, so that a pressure in the compressed air line is equal to a pressure in the reservoir of enzymes,
wherein the at least one air outlet comprises at least two air outlets 35 arranged symmetrically with respect to the main direction, the at least one flow of main air comprising a first air flow exiting one of the at least two air outlets and a second air flow exiting the other air outlet, the shape of the wall being configured to direct the first air flow towards the liquid phase jet, and to direct the second air flow towards the liquid phase jet, the first air flow and the second air flow being symmetrical with respect to the main direction;
wherein the compression means are configured to entrain a flow from the reservoir of enzymes to the liquid phase outlet,
wherein the live biological control agents are mobile (moved through the fluid lines and spray gun).
Claim Rejections - 35 USC § 103
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Einbecker (2,511,626).
Einbecker discloses the limitation of the claimed invention with the exception of the opening having a diameter greater than 1 mm. The opening 39 (for discharge orifice 43) inherently has an opening size. It is apparent to one of ordinary skill in the art that the size of opening 39 allows for flow rate of the air and for the accommodation of discharge orifice 43. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the opening of Einbecker greater than 1 mm to obtain the desired flow rate.
Response to Arguments
Applicant's arguments filed June 9, 2026 have been fully considered but they are not persuasive.
Regarding the rejection under 35 U.S.C. 112(a), Applicant argues the air outlet 16 may be defined by a crown completely surround the opening 21. Applicant’s argument is not convincing. The specification discloses that the crown completely surrounds the opening 21, not outlet 16.
Regarding the Declaration filed on June 9, 2026, Applicant’s assertion that outlet 16 is an annular outlet surrounding the opening 21 constitutes new matter. The disclosure, as originally filed, does not support Applicant’s declaration.
Applicant argues that Einbecker’s flexible conduit 21 is indirectly connected through valves 13 and 15 by the compression lines. Applicant appears to be reading Einbecker differently from the rejection in the Office action. The Office action defines the first compression line as the line between valve 13 and cover 11. The second compression line is defined by pipe 12 and valve 15.
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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
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