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 May 13, 2026 is acknowledged.
The amended claims filed on May 13, 2026 broadened the scope of the claimed invention. The interpretation and rejection of those claims follow.
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
Claims 1-3, 5-13, 17, 20-25 and 28 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 first axial end" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “a first axial end of the seal groove…a second axial end of the seal groove” in lines 2-3. It is uncertain whether the first and second axial ends are in reference to the “axis” recited in claim 1.
Claim 8 recites the limitation “a first axial end” in line 2. It appears to be a double inclusion of the “first axial end” recited in claim 1.
Claim 20 recites the limitation “a first axial end” in line 3. It appears to be a double inclusion of the “first axial end” recited in claim 1.
Claim 25 recites the limitation “exterior surface” in line 2. It appears to be a double inclusion of the “exterior surface” recited in claim 1.
Claim 25 recites the limitation “wherein a second axial end of the mix chamber body is contoured such that exterior surface of the mix chamber body is angled towards the axis.” The “contour” appears to be a double inclusion of the “seal head” recited in claim 1. The specification discloses, on page 12, lines 7-8, that the “contoured end of mixer 46, which can also be referred to as a seal head.”
Claim Rejections - 35 USC § 102
Claim(s) 1, 3, 8-13 and 17 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (4,993,596).
Brown discloses a mixer configured for a plural component sprayer, the mixer comprising:
a mix chamber body 96;
a mix bore 104 at least partially within the mix chamber body and extending along an axis (longitudinal axis of bore 104; horizontal longitudinal axis in figures 2 and 3), the mix bore extending to an outlet orifice 110 (outlet of mixing chamber 108);
a first inlet bore 102 (first opening 102) extending through the mix chamber body to the mix bore;
a second inlet bore 102 (second opening 102) extending through the mix chamber body to the mix bore; and
a seal head 100 disposed at a second axial end (downstream end of valve seat body 96) of the mixer opposite the first axial end (upstream end of valve seat body 96), wherein the seal head has an exterior surface (exterior surface of tapered nose 100) that converges (see figures 2 and 3) towards the axis;
wherein the seal head is conical;
a retaining head 80 disposed at a first axis end (downstream end of valve seat body 96) of the mixer, the mix bore extending through the retaining head;
further comprising a projection 93 extending outward from the mix chamber body, the projection configured to prevent rotation of the mixer about the axis;
further comprising:
a neck 132 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 extends radially outward relative to the neck and the retaining head (valve seat body 96 extends radially outward relative to passage 110 of housing 80 and extends radially outward relative to portion 138 of fitting 132) at an end (downstream end of valve seat body 96) opposite the retaining head (opposite the upstream end housing 80);
wherein the first inlet bore has a first diameter (diameter at the downstream end of opening 92, i.e., the most constricted part), the mix bore has a second diameter (diameter of bore 104), and the second diameter is larger than the first diameter;
wherein the retaining head includes exterior threading (threads at shank portion 118).
Brown discloses a mixer chamber assembly comprising:
an air cap 80 having a central opening 82 therethrough;
the mixer of claim 1 (see above) mounted to the air cap and at least partially disposed within the central opening;
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-13, 17, 20-25 and 28 have been considered but are moot based on the new grounds of rejections.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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