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 September 10, 2026 is acknowledged.
Information Disclosure Statement
Regarding the IDS filed on August 28, 2026, US 2015/0108254 was listed on PTO-892 mailed on August 17, 2026.
Election/Restrictions
Applicant’s election without traverse of Group I, Species A1 (figure 1A), Species B1 (figure 2A), and Species C1 (figure 3A) in the reply filed on January 15, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
Claim 28 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.
Claim 28 recites the limitation “a chamber seal.” It appears to be a double inclusion of the “chamber seal” recited in claim 5.
Claim Rejections - 35 USC § 102
Claim(s) 1-3, 8-13, 17, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gammons (4,708,292).
Gammons discloses a mixer configured for a plural component sprayer, the mixer comprising:
a mix chamber body (body of nozzle 28);
a mix bore 94 (bore of nozzle 28 occupied by valve rod 29) at least partially within the mix chamber body and extending along an axis (longitudinal axis of valve rod 29 and nozzle 28), the mix bore extending from a closed end (left end in figure 2 which is closed by valving rod 29 in the open position) within the mix chamber body to an outlet orifice (outlet of nozzle 28 at its downstream end), the outlet orifice formed at a first end (downstream end) of the mixer;
a first inlet bore 40 extending through the mix chamber body to the mix bore;
a second inlet bore 41 extending through the mix chamber body to the mix bore; and
a seal head 44 (frusto-conical portion of nozzle 28 that contacts nozzle seat contact surface 75) of the mix chamber body disposed at a second end (upstream end) of the mixer opposite the outlet orifice, wherein the seal head has an exterior surface (exterior surface of frusto-concial portion of nozzle 28) that converges (see figure 2) towards the axis;
wherein the first inlet bore and the second inlet bore extend through the seal head (see figure 2);
wherein the seal head is one of frustoconical (col. 6, l. 10; see figures 2 and 3) and conical;
a retaining head 30 disposed at the first end of the mixer, the mix bore extending through the retaining head;
further comprising a projection 47 (notch 47 extends outwardly relative to cylindrical portions 90 and 91) extending outward from the mix chamber body, the projection configured to prevent rotation of the mixer about the axis;
further comprising:
a neck 90 extending between and connecting the retaining head and the mix chamber body, the retaining head extending further outward from the axis than the neck;
wherein the mix chamber body extends radially outward relative to the neck and the retaining head (surface 92 extends radially outward) at an end opposite the retaining head;
wherein the first inlet bore has a first diameter, the mix bore has a second diameter, and the second diameter is larger than the first diameter (see figure 2);
wherein the retaining head includes exterior threading (threads of cap 30 are on an exterior surface of cap 30).
Gammons discloses a mixer chamber assembly comprising:
an air cap 30 (recitation “air” does not define structure; cap 30 is exposed to air) having a central opening therethrough;
the mixer of claim 1 (see above) mounted to the air cap and at least partially disposed within the central opening;
wherein the mixer further comprises:
a neck 90, 91 extending from an end of the mix chamber body; and
a retaining head 20 disposed at an end of the neck such that the neck extends between and connects the retaining head and the mix chamber body;
wherein the mix bore extends through the neck and the retaining head; and
wherein an annular recess (recess for seal 45) is formed about the neck and axially between the retaining head and the mix chamber body;
wherein the retaining head includes first threads 43 and the air cap includes second threads (threads of cap 30) formed in the central opening.
Claim(s) 1, 5, 6, 7, 17, 20, 22-24 and 140 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Commette et al. (2015/0108254).
Commette et al. disclose a mixer configured for a plural component sprayer, the mixer comprising:
a mix chamber body 240;
a mix bore 250 at least partially within the mix chamber body and extending along an axis (longitudinal axis of valve rod 360 and insert 240), the mix bore extending from a closed end (upstream end closed by rod 360 in the open position) within the mix chamber body to an outlet orifice (outlet of insert 240), the outlet orifice formed at a first end (downstream end) of the mixer;
a first inlet bore 254 extending through the mix chamber body to the mix bore;
a second inlet bore 258 extending through the mix chamber body to the mix bore; and
a seal head 246, 248 of the mix chamber body disposed at a second end (upstream end) of the mixer opposite the outlet orifice, wherein the seal head has an exterior surface that converges (see figure 11 and 12) towards the axis;
wherein a seal groove 252 is formed on the seal head, the seal groove extending into the exterior surface and configured to receive a chamber seal (not positively recited; recess 252 has an annular shape capable of receiving an annular seal);
wherein the seal groove extends annularly about the axis (the recess 252 is annular and is at least partially about the axis);
wherein a first seal shoulder (vertical surface of recess 252 at the upper end in figures 11 and 12) is formed at a first end of the seal groove and a second seal shoulder (vertical surface of recess 252 at the lower end in figures 11 and 12) is formed at a second end of the seal groove, the second seal shoulder projecting further radially from a base of the seal groove and relative to the axis than the first seal shoulder (see figures 11 and 12), the second seal should spaced axially from the first seal shoulder relative to the axis.
Commette et al. disclose a mixer chamber assembly comprising:
an air cap 218 (recitation “air” does not define structure; tip 218 is exposed to air) having a central opening therethrough;
the mixer of claim 1 (see above) mounted to the air cap and at least partially disposed within the central opening;
wherein the mixer further comprises:
a neck (portion of insert 240 within tip 218) extending from an end of the mix chamber body; and
a retaining head 210, 280 disposed at an end of the neck such that the neck extends between and connects (vis tip 218) the retaining head and the mix chamber body;
wherein the mix bore extends through the neck and the retaining head; and
wherein an annular recess (recess around end 242) is formed about the neck and axially between the retaining head and the mix chamber body;
wherein the air cap includes a mount extension (portion of tip 218 surrounding end 242) at least partially disposed within the annular recess;
wherein the retaining head is sized such that an interface (interface between tip 218 and air cap 210) between the retaining head and the mount extension prevents the mount extension from passing axially over the retaining head and out of the annular recess in an axial direction away from the mix chamber body;
wherein the air cap is rotatable about the axis relative to the mixer with the mount disposed in the annular recess.
Commette et al. disclose a mixer configured for a plural component sprayer, the mixer comprising:
a mix chamber body 240;
a mix bore 250 at least partially within the mix chamber body and extending along an axis (longitudinal axis of valve rod 360 and insert 240), the mix bore extending to an outlet orifice (outlet of insert 240), the outlet orifice formed at a first end (downstream end) of the mixer;
a first inlet bore 254 extending through the mix chamber body to the mix bore;
a second inlet bore 258 extending through the mix chamber body to the mix bore; and
a seal head 246, 248 of the mix chamber body disposed at a second end (upstream end) of the mixer opposite the outlet orifice, wherein the seal head has an exterior surface that converges (see figure 11 and 12) towards the axis; and
a seal groove 252 is formed on the seal head, the seal groove extending into the exterior surface and configured to receive a chamber seal (not positively recited; recess 252 has an annular shape capable of receiving an annular seal) the seal groove including a first seal shoulder (vertical surface of recess 252 at the upper end in figures 11 and 12) is formed at a first end of the seal groove and a second seal shoulder (vertical surface of recess 252 at the lower end in figures 11 and 12) formed at a second end of the seal groove;
wherein a height (distance from the outer end of the vertical surface of recess 252 at the lower end in figures 11 and 12 to where passageway 254 enters recess 252) of the second seal shoulder from a base (where passageway 254 enters recess 252) of the seal groove is greater than a height (distance from the outer end of the vertical surface of recess 252 at the upper end in figures 11 and 12 to where passageway 254 enters recess 252) of the first seal shoulder from the base of the seal groove, the second seal shoulder spaced axially from the first seal shoulder relative to the axis.
Note, this Office action avoids repetitive rejections. Claims otherwise rejected under Gammons have not been additionally rejected under Commette et al. This is not an indication that Commette et al. do not disclose those the claims.
Response to Arguments
Applicant's arguments filed September 10, 2026 have been fully considered but they are not persuasive.
Applicant argues that the mix chamber body 48 and the seal head 120 are separately disclosed. The specification discloses that the mix chamber body 48 includes shoulder 118 and seal head 120. The seal head 120 is an element of the mix chamber body 48. Therefore, to state the seal head and the mix chamber body as two separate and distinct elements is a double inclusion of parts.
Applicant argues that the prior art fails to disclose the mix bore extending from a closed end within the mix chamber body to an outlet orifice. In Gammons, the upstream end of the mix chamber body is closed by the valving rod 29 when the valving rod is retracted to open the mix chamber body. In Commette et al., the upstream end of the mix chamber body 240 is closed by the rod 360 when the rod is retracted to open the mix chamber body.
Regarding new claim 140, the height/distance from the base (where passageway 254 enters recess 252) of the recess 252 to the outer edge of the vertical surface of recess 252 at the lower end in figures 11 and 12 is greater than the height/distance from the base of the seal groove to the outer edge of the vertical surface of recess 252 at the upper end in figures 11 and 12. Claim 140 allows for a broader interpretation than that taken by Applicant.
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
