DETAILED ACTION
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 17-20 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.
The term “sharp” in claim 17 is a relative term which renders the claim indefinite. The term “sharp” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 18-20 depend from claim 17 and therefore inherit the deficiencies thereof.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9-13, 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by O’Brien (US 7789325 B2).
Claim 1, O’Brien discloses a base (14) structure adapted to be removably coupled (24) to the dispenser (10) and having
a body (14) having a first longitudinal end (14 adjacent to 12), a second longitudinal end (14 adjacent to 1616), and an inner surface defining an elongated passage extending from the first longitudinal end to the second longitudinal end,
at least two conduits (30) extending outwardly from an outer surface of the body in a longitudinal direction, wherein each of the at least two conduits include an outlet defined at the inner surface of the body (FIG 2-3, 7) to enable an entry of compressed air (20, 32) inside the elongated passage; and
a nozzle structure (16) coupled to the body and extending outwardly in the longitudinal direction from the second longitudinal end of the body, the nozzle structure includes an edge defining an outlet opening to enable an exit of the sealant (While a sealant is not specifically disclosed, O’Brien has the same structure and is therefore inherently capable of carrying out the same function of dispensing a sealant) from the nozzle structure (38).
Claims 2 and 10, O’Brien discloses wherein the nozzle (16) structure is removably coupled (26) to the base structure (14).
Claims 3 and 11, O’Brien discloses the base structure includes at least one engagement structure (threads engages with 16 via 26) disposed proximate to the second longitudinal end of the body, and
the nozzle structure includes at least one retention structure (lip engages with 14 via 26) arranged at a first end of the nozzle structure and configured to engage with the at least one engagement structure to enable the removable coupling of the nozzle structure with the base structure.
Claims 4, 12 and 18, O’Brien discloses wherein the at least one engagement structure includes at least one tab (threads extending outward from 14) extending radially outwardly from the outer surface of the body of the base structure, and
the at least one retention structure (26 receives threads on 14) includes at least one groove configured to receive the at least one tab.
Claims 5, 13 and 19, O’Brien discloses wherein the at least one groove includes
a first groove portion (female threads of 26 receive male threads of 14) extending in a longitudinal direction from the first end defining an opening of the groove at the first end to facilitate an insertion of the tab inside the groove, and
a second portion extending arcuately around a central axis of the nozzle structure from the first groove portion (threads extend concentrically around the inside of 26).
Claim 9, O’Brien discloses a dispenser (10); and
a nozzle (14, 16) including
a base structure (14) removably coupled to the dispenser and having
a body (14) having a first longitudinal end, a second longitudinal end, and an inner surface defining an elongated passage extending from the first longitudinal end to the second longitudinal end, and
at least two conduits (30) extending outwardly from an outer surface of the body in a longitudinal direction, wherein each of the at least two conduits include an outlet defined at the inner surface of the body (FIG 2-3, 7) to enable an entry of compressed air (20, 32) inside the elongated passage, and
a nozzle structure (16) coupled to the body and extending outwardly in the longitudinal direction from the second longitudinal end of the body and away from the dispenser, the nozzle structure includes an edge defining an outlet opening to enable an exit of the sealant (While a sealant is not specifically disclosed, O’Brien has the same structure and is therefore inherently capable of carrying out the same function of dispensing a sealant) from the nozzle (38).
Claim 17, O’Brien discloses a base (14) structure adapted to be removably coupled to the dispenser and having
a body (14) having a first longitudinal end, a second longitudinal end, and an inner surface defining an elongated passage extending from the first longitudinal end to the second longitudinal end,
at least two conduits (30) extending outwardly from an outer surface of the body in a longitudinal direction, wherein each of the at least two conduits include an outlet defined at the inner surface of the body to enable an entry of compressed air (20, 32) inside the elongated passage; and
a nozzle structure (16) removably coupled to the body and extending outwardly in the longitudinal direction from the second longitudinal end of the body, the nozzle structure includes an edge defining an outlet opening to enable an exit of the sealant (While a sealant is not specifically disclosed, O’Brien has the same structure and is therefore inherently capable of carrying out the same function of dispensing a sealant) from the nozzle structure (35), wherein the edge is sharp edge (see 112 above).
Allowable Subject Matter
Claims 6-8, 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: the prior art of record does not teach or provide motivation to form Nozzle for Dispenser Assembly comprising a composition of elements structurally related as set forth in claim(s) 6-8, 14-16 and 20 Specifically, the prior art fails to teach “wherein the base structure includes a plurality of first magnets arrayed circularly around a circumference of the body and coupled to the body, and the nozzle structure includes a plurality of second magnets arranged proximate to the first end and arrayed circularly around a central axis of the nozzle structure and configured to magnetically couple with the plurality of first magnets”, and “wherein the inner surface of the body defines a threaded structure disposed proximate to the first longitudinal end of the body to facilitate a threaded engagement of the base structure with the dispenser”, and “wherein the body defines a plurality of holes extending from the inner surface of the body to the outer surface of the body and arrayed circularly around a central axis of the body”.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754