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 .
Election/Restrictions
Applicant's election with traverse of Species 2-A and 1-B in the reply filed on 02/11/2026 is acknowledged. The traversal is on the ground(s) that the different embodiments are used to illustrate the multiple functions of the airbrush vacuum kit, not to disclose a different spray gun configuration. Applicant’s remarks are persuasive and therein, the restriction requirement is withdrawn. Claims 1-9 are examined.
Specification
The disclosure is objected to because of the following informalities:
In [0033] of the specification filed on 12/21/2023, line 10, change: “A plurality of raised structures [[2]] 22,”
In [0039], line 10-11, change: “A plurality of raised structures [[2a]] 22a,”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 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 pre-AIA the applicant regards as the invention.
Claim 1, lines 2-3, the claim recites: “at least one dirt leaving an object surface or guiding the at least one dirt to a vacuum after the fluid spray gun…”. Claim 1, line 26 further recites “when the at least one dirt…” and the last line of the claim recites “the at least one dirt.” It is unclear of the language “at least one” with respect to “dirt” because the term “dirt” is usually not associated as a countable quantity (i.e., such as one dirt, two dirts, etc.) and therein it is unclear as to the amount required as associated with the terms “at least one” as recited in the claim. Therein, the metes and bounds of the limitations stated above cannot be determined, which renders the claim indefinite.
As a suggestion to overcome the rejection, the claim limitations can be amended as follows:
Claim 1, lines 2-3: “for selectively collecting
Claim 1, line 26: “when the
Claim 1, last line: “the
Dependent claims are also rejected due to their dependency of a rejected independent claim.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, the closest prior art of record is: Kuo (U.S. 10,259,002).
Kuo discloses an airbrush vacuum kit (i.e., kit comprising the components shown in Fig. 2), assembled to a fluid spray gun (1), configured for selectively collecting at least one dirt leaving an object surface or guiding the at least one dirt to a vacuum after the fluid spray gun injects a fluid onto the object surface (i.e., dust suction capability, Col. 1, lines 5-8), the airbrush vacuum kit comprising:
a barrel assembling tube (3, Fig. 2), including:
an assembling-tube body (i.e., body of tube 3 shown in Fig. 2), extending from a first assembling port (311) to a second assembling port (322) along a first direction (i.e., horizontal direction of Fig. 2), the first assembling port being configured for being assembled to a barrel (12) of the fluid spray gun (1, as shown in Fig. 2), the second assembling port being spatially connected with the first assembling port (as shown in Fig. 2, second port 322 is spatially connected to first port 311); and
an inclined extension tube (32), protruding from the assembling-tube body (i.e., body of 3) along a second direction oblique to the first direction (as shown in Fig. 2, tube 32 extends obliquely relative to the body 3);
a dust collector (4), including:
a collector body (i.e., body of 4 shown in Fig. 2), rotationally assembled to the second assembling port (i.e., connects to second port 322 via section 41), having an open end (i.e., open end at 42);
a vacuum adapter tube (34), including:
an adapter-tube body (i.e., body of 34 shown in Fig. 2);
a first connecting port, protruding from the adapter-tube body along a third direction, configured for being rotationally assembled to the inclined extension tube upon when the at least one dirt is guided to the vacuum (i.e., the port, which is the bottom portion of 34 shown in Fig. 2 connects to the inclined extension tube 3); and
a second connecting port, protruding from the adapter-tube body along a fourth direction oblique to the third direction, configured for being assembled to the vacuum (i.e., the top portion of the adapter 34 connects to a vacuum cleaner, Col. 4, lines 40-45).
However, Kuo fails to disclose or suggest of the dust collector (4) comprising a plurality of raised structures, protruding from the open end by being spaced apart from each other to form a plurality of fluid flow gaps upon when the plurality of raised structures contact the object surface along with a dust-collecting bag, configured for being assembled to the inclined extension tube upon when the airbrush vacuum kit collects the at least one dirt.
Claims 2-9 would be allowable due to their dependency on claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ZAMORA ALVAREZ whose telephone number is (571)272-7928. The examiner can normally be reached Monday-Friday 7:30 am- 5:00 pm EST alternating Fridays off.
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, COURTNEY HEINLE can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC J ZAMORA ALVAREZ/Primary Examiner, Art Unit 3745 03/16/2026