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, 9-11, and 21-32 of the amended claim set received 6/09/2026 are pending.
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 (vertical axis through the body as orientated in Fig. 1);
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, wherein the tip piece 20 is configured to be inserted through the front of the tip body (front as indicated above) and into the receiving channel (portion of 16 to the left of element 24);
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 27, 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. 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 (in the same manner 838 is a shoulder as defined in Fig. 12A of the instant application).
Claims 1, 21-28, and 30-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rood (US 4,349,947).
Regarding Claim 1, Rood discloses in Figs. 1-2, a spray tip comprising:
a tip body 11 having a longitudinal axis (through the body 11 and horizontally arranged in the orientation of Fig. 2);
a receiving channel 27 extending between a front (top as shown in Fig. 2) and a back (bottom as shown in Fig. 2) of the tip body 11 transverse to the longitudinal axis;
a fluid channel (through 28, 17, and 20) extending from an inlet 28 to an outlet 20 and having variable geometry (see Fig. 2);
a tip piece 12 disposed in the receiving channel 27 and defining a first portion 17 of the fluid channel, wherein the tip piece 12 is configured to be inserted through the front of the tip body 11 and into the receiving channel 27 (as shown in Fig. 6);
a first securing element 31 downstream of at least a portion of the tip piece 12; and
a second securing element 29 upstream of the tip piece, wherein the first securing element and the second securing element secure at least the tip piece 12 within the receiving channel 27.
Regarding Claims 21-23, Rood discloses the first securing 31 element comprises a deformed portion 31 that extends over a front portion 16 of the tip piece 12 (see Fig. 2); the deformed portion 31 is configured to be formed by a peen tool 46 (see Fig. 7); and the tip piece 12 is configured to be secured within the receiving channel 27 by the deformed portion 31.
Regarding Claim 24, Rood discloses wherein the second securing element 29 comprises a shoulder 29 (see Figs. 2 and 6), and wherein the shoulder 29 defines a portion of a pre-orifice portion 28 in the tip body 11.
Regarding Claim 25, Rood discloses in Fig. 2, a sealing element 47 disposed in the receiving channel 27 and between the tip piece 12 and a second portion of the fluid channel (that through element 28), wherein the sealing element 47 engages an outer surface of the tip piece 12, the second securing element 29, and a wall of the receiving channel 27.
Regarding Claim 26, Rood discloses a recess 37 (see Fig. 4a) formed in the tip body 11 at the front of the tip body, wherein a greatest diameter of the recess is greater than a greatest diameter of the receiving channel 27, and wherein the tip piece 11 is configured to be inserted through the recess 37 and into the receiving channel 27 (see Fig. 6).
Regarding Claim 27, Rood discloses in Figs. 1-2, a spray tip comprising:
a tip body 11 having a longitudinal axis (through the body 11 and horizontally arranged in the orientation of Fig. 2);
a receiving channel 27 extending between a front (top as shown in Fig. 2) and a back (bottom as shown in Fig. 2) of the tip body 11 transverse to the longitudinal axis;
a fluid channel (through 28, 17, and 20) extending from an inlet 28 to an outlet 20 and having variable geometry (see Fig. 2); and
a tip piece 12 disposed in the receiving channel 27 and defining a first portion 17 of the fluid channel, wherein the tip piece 12 is configured to be inserted through the front of the tip body 11 and into the receiving channel 27 (as shown in Fig. 6);
a first securing element 31 downstream of at least a portion of the tip piece 12, wherein the first securing element comprises a deformed portion 31; and
a second securing element 29 upstream of the tip piece, wherein the second securing element comprises a shoulder 29, wherein the first securing element and the second securing element secure at least the tip piece 12 within the receiving channel 27; and
a pre-orifice portion 28 formed in the tip body 11 and upstream of the receiving channel 27, wherein the pre-orifice portion 28 defines a second portion of the fluid channel (through 28, 17, and 20).
Regarding Claim 28, Rood discloses in Fig. 2, wherein the pre-orifice portion 28 includes a pre-orifice aperture formed therein, and wherein a greatest diameter of the pre-orifice aperture 28 is less than a greatest diameter of the receiving channel 27 (also see Fig. 4a).
Regarding Claim 30, Rood discloses a recess 37 (see Fig. 4a) formed in the tip body 11 at the front of the tip body, wherein a greatest diameter of the recess is greater than a greatest diameter of the receiving channel 27.
Regarding Claim 31, Rood discloses the recess 37 forms an annular wall (radial wall of the recess 37), and wherein a portion of the spray tip 12 extends past the annular wall (from within the annular wall to past the annular wall into the receiving channel 27 as shown in Fig. 7).
Regarding Claim 32, Rood discloses at least a portion of the outlet 20 (Fig. 1) of the fluid channel is positioned in an area defined by the recess 37 (see Figs. 4a and 7).
Allowable Subject Matter
Claim 29 is 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not disclose or form a reasonable combination teaching “an inlet portion formed in the tip body and upstream of the pre-orifice portion, wherein a greatest diameter of the inlet portion is greater than the greatest diameter of the pre-orifice aperture” in combination with the claim 28 and 27 limitations.
Response to Arguments
Applicant's arguments filed 6/09/2026 have been fully considered but they are not persuasive. The Applicant argues a potential rejection of claims 1 and 27 over Tam stating that Tam does not disclose “wherein the tip piece is configured to be inserted through the front of the tip body and into the receiving channel” because “the tip piece 20 must be inserted from a rear, or upstream side, of passage 16”. This is not convincing because the claims as written do not clarify that the rear/back of the of the tip body corresponds to the upstream side of anything. Additionally, the specification does not clearly define what structure is required to read on a front or back of a tip body. Therefore, what the Applicant appears to consider the back of the tip body is actually interpreted as the front of the tip body, the front being the side where the fluid enters (see annotation of Tam Fig. 1 in the rejection of claim 1 above).
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.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached on (571) 272-7118. 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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