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 .
Status of Claims
Currently claims 1-20 are pending.
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 1-20 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.
Claim 1 recites the limitation "paint" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “an outer surface” in line 6, this is double inclusion as the outer surface has already been claimed in lines 4-5 of claim 1.
Claim 8 recites the limitation “an outer surface” of the inner wall in lines 2-3, this is double inclusion as the outer surface of the inner wall is already claimed in claim 1.
The term “high” in claim 9 is a relative term which renders the claim indefinite. The term “high” 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. The limitation “a high viscosity” has been rendered indefinite by use of the term “high” as it is unclear what constitutes “high viscosity” paint, what level of viscosity is needed to define it as “high.”
Claim 10 recites the limitation "paint" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “paint” in line 5, this appears to be double inclusion, as the paint was claimed in line 2.
Claim 10 recites the limitation “paint” in line 5, this appears to be double inclusion, as the paint was claimed in line 2.
Claim 10 recites the limitation “an outer surface” in line 13, is double inclusion as the outer surface of the inner wall was already claimed in line 11.
Claim 17 recites the limitation “an outer surface” in line 2, is double inclusion as the outer surface of the inner wall was already claimed in claim 10.
The term “high” in claim 9 is a relative term which renders the claim indefinite. The term “high” 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. The limitation “a high viscosity” has been rendered indefinite by use of the term “high” as it is unclear what constitutes “high viscosity” paint, what level of viscosity is needed to define it as “high.”
Allowable Subject Matter
Claims 1-20 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of the application (U.S. 2017/0128969) discloses nozzle assembly for a painting system, with an outer wall and an inner wall, paint supplied within the inner wall, a fluid between the inner and outer wall, and the application of electrodes to the system. U.S. 5,992,244, discloses the application of electrodes circumferentially around a surface of a wall, connected to a power source, and charging a fluid therein. The prior art fails to disclose “the pair of electrodes being configured to be electrically connected to a power source, the fluid passage being configured to receive a fluid, upon supplying power to the pair of electrodes, water droplets are separated from the fluid in the fluid passage and pass through the inner wall to coat an inner surface of the inner wall to facilitate movement of the paint through the paint passage.” Specifically the application of using the electrodes to separate water droplets which then pass through the inner wall and coat an inner surface of the inner wall was not found in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752