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 January 8, 2026 is acknowledged.
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 lines 19-20. 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(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 enzyme solution” in line 10. It appears to be a double inclusion of the “enzymes in a second liquid phase” recited in line 4.
Claim 1 recites the limitation “the at least one flow of main air having an axial symmetry with respect to the main direction” in lines 19-20. 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 1 recites the limitation “a first compression line” in line 24. It appears to be a double inclusion of the “compression means” recited in line 21.
Claim 1 recites the limitation “a pressure in the compressed air line” in lines 29-30. It appears to be double inclusion of the “pressure in the compressed air line” recited in line 26.
Claim 4 recites the limitation “compression means” in lines 1-2. It appears to be a double inclusion of the “second compression line” recited in claim 1.
Claim 11 recites the limitation “the phytoseiid family of genus Phytoseiulus” in line 2. The family Phytoseiidae and genus Phytoseiulus is not a closed and defined list of members. The list of family Phytoseiidae and genus Phytoseiulus is subject to change based on new discovery and reclassification.
Claim 12 recites the limitation “Chrysoperia type” in line 2. The recitation “type” renders the claim indefinite. MPEP 2173.05(b).III.E. The genus Chrysoperia is not a closed and defined list of members. The list is subject to change based on new discovery and reclassification.
In claim 13, the recitation “compressed air” in line 4 appears to be a double inclusion of the “compressed air” recited in claim 1.
In claim 13, the recitation “compressed air line” in lines 4-5 appears to be a double inclusion of the “compressed air line” recited in claim 1.
In claim 13, the recitation “a spray tip” in line 5 appears to be a double inclusion of the “spray tip” recited in claim 1.
Claim 13 recites the limitation “the liquid phase” in line 7. It is uncertain whether the reference is to the “first liquid phase” or the “second liquid phase” recited in claim 1.
In claim 13, the recitation “an opening in a wall” in lines 7-8 appears to be a double inclusion of the “opening” and the “wall” recited in claim 1.
In claim 13, the recitation “a reservoir of live biological control agents” in line 9 appears to be a double inclusion of the “reservoir of live biological control agents” recited in claim 1.
In claim 13, the recitation “a first compression line” in line 10 appears to be a double inclusion of the “first compression line” recited in claim 1.
In claim 13, the recitation “a pressure” in line 11 appears to be a double inclusion of the “pressure” recited in claim 1.
In claim 13, the recitation “a pressure” in line 12 appears to be a double inclusion of the “pressure” recited in claim 1.
In claim 13, the recitation “a second compression line” in line 14 appears to be a double inclusion of the “second compression line” recited in claim 1.
In claim 13, the recitation “a reservoir of enzymes” in line 15 appears to be a double inclusion of the “reservoir of enzymes” recited in claim 1.
In claim 13, the recitation “a pressure” in line 15 appears to be a double inclusion of the “pressure” recited in claim 1.
In claim 13, the recitation “a pressure” in line 16 appears to be a double inclusion of the “pressure” recited in claim 1.
The claims are replete with indefiniteness. The above listing is only exemplary. Applicant is required to review and amend all of the claims in their entirety to ensure full compliance with 35 U.S.C. 112(b).
Claim Rejections - 35 USC § 102
Claim(s) 1-4, 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 41configure to mix the first liquid phase and an enzyme solution (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, 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 system 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 a 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;
comprising compression means 12, 15 for compressing the reservoir of enzymes, the compression means being 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 January 8, 2026 have been fully considered but they are not persuasive.
Applicant argues that the compressed air line 4 may comprise only one air outlet 16. Air outlet 16 is shown, in figure 1, as being offset from the main direction 20. If there is only one air outlet 16, it cannot be axial symmetrical to the main direction 20.
Regarding Applicant’s argument to claims 11 and 12, the recitation of a genius type is indefinite because the any classification of a genius is subject to change. A reference to a genus type is similar to a reference to a standard. Applicant should set date, revision, etc. to define the genus to a specific and definite definition.
Applicant argues that Einbecker does not disclose a first compression line or a second compression line. Applicant is directed to the rejection paragraphs above.
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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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