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 . Claims 1-20 of the amended claim set received 3/20/2025 are pending.
Election/Restrictions
Applicant's election with traverse of invention A directed to claims 1-11 and species i directed to claims 1 and 9-11 within invention A, in the reply filed on 3/13/2026 is acknowledged. The traversal is on the ground(s) that the restriction between the inventions A, B, and C does not present a serious search burden. This is not found persuasive because the inventions were attributed different classifications which were not argued and, as an example, a search for invention A includes a search for a variable geometry fluid channel but does not require a search for a pump which must be searched for invention B while a search of invention B does not require a search of the variable geometry fluid channel.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "870" and "880" have both been used to designate the front of spray tip 830 as read in paras. 0049-0050.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10 and 11 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.
Regarding Claim 10, base claim 1 requires a tip body and a distinct first securing element while claim 10 requires the first securing element comprises a portion of the tip body. It is unclear how the two elements can be distinct from each other and also one be a portion of the other.
Regarding Claim 11, base claim 1 requires a tip body and a distinct second securing element while claim 11 requires the second securing element is a shoulder of, i.e. a component of, the tip body. It is unclear how the two elements can be distinct from each other and also one be an element of the other.
The claims are examined as best understood.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tam (US 4,971,249).
Regarding Claim 1, Tam discloses in Fig. 1, a spray tip comprising:
a tip body 14 having a longitudinal axis;
a receiving channel (portion of 16 to the left of element 24) extending between a front and a back of the tip body 14 transverse to the longitudinal axis;
a fluid channel (channel through elements 24, 22, and 20; 20 not indicated in figure but being the spray tip/tip piece, see annotation) extending from an inlet to an outlet and having variable geometry;
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a tip piece 20 disposed in the receiving channel 16 and defining a first portion of the fluid channel;
a first securing element 18 downstream of at least a portion of the tip piece 20; and
a second securing element (left-facing surface of element 24) upstream of the tip piece 20, wherein the first securing element and the second securing element secure at least the tip piece 20 within the receiving channel 16.
Regarding Claim 9, Tam further discloses in Fig. 1, a sealing element 22 disposed in the receiving channel 16 and between the tip piece 20 and a second portion of the fluid channel 26, wherein the first securing element 18 is downstream of the sealing element, wherein the second securing element 24 is upstream of at least a portion of the sealing element 22, wherein the first securing element 18 and the second securing element (left-facing surface of element 24) further secure the sealing element 22 within the receiving channel.
Regarding Claim 10, Tam discloses in Fig. 1, a pre-orifice portion 24 formed in the tip body (herein defined as comprising elements 14 and 24) and upstream of the receiving channel (portion of 16 to the left of element 24) (in the same manner pre-orifice portion 862 is upstream of 836 as shown in the elected species of Figs. 12 and 12A of the instant application), wherein the pre-orifice portion defines a second portion 16 of the fluid channel, and wherein the first securing element 18 comprises a deformed portion of the tip body 14+24. It is noted that “the patentability of a product does not depend on its method of production” (MPEP 2113). Therefore, the method of forming the first securing element, such as by deformation as suggested by the claim, does not differentiate the apparatus of claim 10 from Tam because Tam discloses the structure captured by the claim.
Regarding Claim 11, Tam discloses in Fig. 1, further comprising a pre-orifice portion 24 formed in the tip body (herein defined as comprising elements 14 and 24) and upstream of the receiving channel (portion of 16 to the left of element 24) (in the same manner pre-orifice portion 862 is upstream of 836 as shown in the elected species of Figs. 12 and 12A of the instant application), wherein the pre-orifice portion 24 defines a second portion of the fluid channel, and wherein the second securing element (left-facing surface of element 24) comprises a shoulder of the tip body (in the same manner 838 is a shoulder as defined in Fig. 12A of the instant application).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached Notice of References Cited.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE D FORD whose telephone number is (571)272-8140. The examiner can normally be reached on M-F 9am-5pm.
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, Phutthiwat Wongwian can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D.F/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
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