3DETAILED 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 .
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on August 5, 2025 is acknowledged.
Claim Interpretation
Claim 1 recites the limitation “an air cap nozzle configured to discharge an atomising air jet to atomize paint” in lines 2-3 and “the plurality of valleys are configured to draw in ambient air” in lines 14-15. A recitation that an element is “configured to” perform a function merely requires the element to possess some undefined characteristic/attribute that gives the element the capability to perform the function. The function is not a positively recited limitation.
Claim Rejections - 35 USC § 112
Claims 1-4, 8 and 10 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 Rejections - 35 USC § 102
Claim(s) 1-4 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirkham (2,511,718).
Kirkham discloses a paint spray gun (the preamble, in particular, the “paint,” fails to limit structure; therefore, merely recites purpose or intended use; MPEP 2111.02.II) comprising:
an air cap nozzle 3 configured to discharge an atomizing air jet to atomize paint (not positively recited; the shape and assembly of shield 3 give it the capability to atomize paint if paint was supplied to nozzle 1), wherein the air cap nozzle includes:
an atomizing air outlet 5; and
a rim region 7, 8 surrounding the atomizing air outlet,
wherein the rim region includes:
a single continuous serrated portion 7, 8 formed by a plurality of protrusions 8 that protrude axially outward from the rim region and a plurality of valleys 7, wherein each of the plurality of protrusions and each of the plurality of valleys are arranged alternatingly,
wherein the plurality of valleys are configured to draw in ambient air, and mix the ambient air being drawn through the plurality of valleys and the atomizing air jet, wherein the continuous serrated portion impinges with the atomizing air jet (the shape and placement of grooves 7 give the grooves 7 the capability to draw in ambient air if paint was sprayed in ambient air and mix the ambient air being drawn in with the atomizing jet, wherein the continuous serrated portion 7, 8 impinges with the atomizing air jet);
wherein the rim region is annular (see figure 2);
wherein at least two of the plurality of protrusions extend towards the atomizing air outlet (see figures 1 and 2);
wherein the valleys each comprise a curved surface (see figures 1 and 2);
wherein the plurality of protrusions comprises between 8 and 16 protrusions (eight shown in figure 2).
Response to Arguments
Applicant's arguments filed August 5, 2025 have been fully considered but they are not persuasive.
Applicant argues that Kirkham does not disclose an air cap nozzle configured to discharge an atomizing air jet to atomize paint. A recitation that an element is “configured to” perform a function merely requires the element to possess some undefined characteristic/attribute that gives the element the capability to perform the function. The function is NOT a positively recited limitation. The shape and assembly of shield 3 give it the capability to atomize paint if paint was supplied to nozzle 1 and the paint is sprayed into the ambient air.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached on (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK