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 .
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 22 and 21are 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 22 recites the limitation " the axial length of the flow channel " in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the axial length of the flow channel” is the same as the entire axil length of the guidance element, of just any axial length of the guidance element.
Claim 21 is rejected due to dependency.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6, 8, 9-11, 13, 14, 16, 17, 20-22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsch (2,055,864) in view of Nakamura et al. (4,926,902)
Regarding claim 1, Harsch shows an atomizing nozzle comprising a housing (10) having an inlet (left side of fig 1) and an orifice (19), and a cone element (25) wherein the cone element is configured to guide liquid from a radially outer flow path arranged between the cone element and the bore of the housing to the orifice.
But fails to disclose a valve seat, a valve element interacting with the valve seat, restoring means acting on the valve element, wherein the valve element is fixed in a guidance element such that the valve element is retained by the guidance element and wherein the guidance element which is guided in a bore of the housing, the cone element is arranged in the housing between the guidance element and the orifice wherein the restoring means are arranged between the cone element and the guidance element.
Nakamura et al. teaches a pressure equalization valve having a housing (82), a valve seat (110), a valve element (84) interacting with the valve seat, restoring means (88) acting on the valve element, wherein the valve element is fixed in a guidance element (86) such that the valve element is retained by the guidance element (they can be one piece col 11, lines 25-29) and wherein the guidance element which is guided in a bore of the housing (fig 9).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add the pressure equalization valve of Nakamura et al. to the nozzle of Harsch, upstream of the outlet and cone, in order to equalize the pressure of the fluid in the atomizing nozzle.
In the above combination, the cone element will be arranged in the housing between the guidance element and the orifice, and the restoring means will be arranged between the cone element and the guidance element.
Regarding claim 2, wherein at least one flow channel is formed between the guidance element and the housing (102, Nakamura).
Regarding claims 3 and 16, the bore has a circular cross section, and the guidance element has a circular cross section adapted to the circular cross section with a predetermined tolerance (fig 3, Nakamura).
Regarding claim 4, wherein the guidance element has at least one flattened section on its circumference (102), the flattened section extending over the axial length of the guidance element (fig 4).
Regarding claims 5 and 17 the valve element comprises at least on a side facing the valve seat a symmetrically curved surface (fig 4 Nakamura)
Regarding claim 6, the valve element comprises a spherical surface, at least in an area facing the valve seat (fig 5, Nakamura).
Regarding claim 8, wherein the guidance element comprises a longitudinal channel (102, Nakamura) extending from the valve element to the opposite side of the guidance element.
Regarding claim 9, the valve element is frictionally or in a form locking way held in the guidance element (fig, 8 and 9 are touching so friction is playing a part in keeping them together).
Regarding claim 10, wherein the housing comprises a first housing part (11) and a second housing part (10), wherein the second housing part comprises an outer thread in engagement with an inner thread in the first housing part (fig 1), wherein the second housing part comprises an inlet channel connected to the inlet and the valve seat is formed at an inner end of the inlet channel (this is true in the above combination).
Regarding claim 11, wherein the valve seat comprises a conical or curved form (fig 3, 4 Nakamura).
Regarding claim 13, the restoring means are arranged in a recess in the cone element and/or in a recess in the guidance element (fig 4, Nakamura).
Regarding claim 14, wherein the housing comprises a first housing part (11) and a second housing part (10), wherein the second housing part comprises an outer thread in engagement with an inner thread in the first housing part (fig 1), wherein the second housing part comprises an inlet channel connected to the inlet and the valve seat is formed at an inner end of the inlet channel (this is true in the above combination) or wherein the valve seat comprises a conical or curved form (fig 4 Nakamura), and wherein the cone element is held in the first housing part by means of the second housing part (fig 1).
Regarding claim 20, wherein the valve element is spherical (fig 4, Nakamura), wherein the valve element is pressed into a receptacle in the guidance element (by the spring), and wherein the valve element is fixed in the receptable via friction (they are made as one element)
Regarding claim 22, the at least one flow channel extends over the entire guidance element (fig 3, Nakamura the flow channel extends the entire axial length because fluid has to pass the entire guidance element) the at least one flow channel comprises at least one groove and/or at least one flattened section extending over the axial length of the flow channel (fig 3, 102 extends over an axial length of 86).
Regarding claim 21, wherein the bore has a circular cross section, and the guidance element has a circular cross section adapted to the circular cross section of the bore with a predetermined tolerance (fig2, Nakamura).
Regarding claim 24, Harsch shows an atomizing nozzle comprising a housing (10) having an inlet (left side of fig 1) and an orifice (19),
But fails to disclose a valve seat, a valve element interacting with the valve seat, restoring means acting on the valve element, wherein the valve element is fixed in a guidance element such that the valve element is retained by the guidance element and wherein the guidance element which is guided in a bore of the housing, the cone element is arranged in the housing between the guidance element and the orifice wherein the restoring means are arranged between the cone element and the guidance element, wherein the bore has a circular cross section and the guidance element has a circular cross section adapted to the circular cross section of the bore with a predetermined tolerance, and wherein the guidance element has at least one flattened section on its circumference, the flattened section extending over the axial length of the guidance element.
Nakamura et al. teaches a pressure equalization valve having a housing (82), a valve seat (110), a valve element (84) interacting with the valve seat, restoring means (88) acting on the valve element, wherein the valve element is fixed in a guidance element (86) such that the valve element is retained by the guidance element (they can be one piece col 11, lines 25-29) and wherein the guidance element which is guided in a bore of the housing (fig 9), wherein the bore has a circular cross section and the guidance element has a circular cross section adapted to the circular cross section of the bore with a predetermined tolerance (fig 3), and wherein the guidance element has at least one flattened section (102) on its circumference, the flattened section extending over the axial length of the guidance element (fig 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add the pressure equalization valve of Nakamura et al. to the nozzle of Harsch, upstream of the outlet and cone, in order to equalize the pressure of the fluid in the atomizing nozzle.
In the above combination, the cone element will be arranged in the housing between the guidance element and the orifice, and the restoring means will be arranged between the cone element and the guidance element.
Regarding claim 24, wherein a cone element (25) is arranged in the housing between the guidance element and the orifice, wherein the restoring means are arranged between the cone element and the guidance element (this is true in the above combination), and wherein the cone element is configured to guide liquid from a radially outer flow path arranged between the cone element and the bore of the housing to the orifice (fig 1), and wherein the orifice is arranged centrically with the cone element (fig 1).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsch (2,055,864) as modified by Nakamura et al. (4,926,902) above, further in view of Sheng-guo et al. (CN 202283510 U)
Regarding claim 7, Harsch as modified above shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the valve element is made of an elastically deformable material.
Sheng-guo et al shows a valve element (4-3) is made of an elastically deformable material (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use an elastically deformable valve element, in order to make the valve operate quieter and for a better seal.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bosch (JPH0389085A) in view of Nakamura et al. (4,926,902)
Regarding claim 23, Bosch shows a device comprising a housing (2) having an inlet (3), a valve seat ( 4), a valve element (8) interacting with the valve seat (fig), restoring means (10) acting on the valve element (fig), and an orifice (outlet of 7) wherein the valve element is fixed in a guidance element (9) such that the valve element is retained by the guidance element (fig, and the last paragraph Action and Effect) and wherein the guidance element which is guided in a bore (5) of the housing (fig), wherein the bore has a circular cross section and the guidance element has a circular cross section adapted to the circular cross section of the bore with a predetermined tolerance (fig),
but fails to disclose wherein the guidance element has at least one flattened section on its circumference, the flattened section extending over the axial length of the guidance element.
Nakamura et al. teaches a floe channel 102 that allows for fluid flow.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a flat section to form a larger fluid flow path, in order to increase fluid flow. The flattened section will extend over the axial length of the guidance element since it is on the guidance element and takes up axial space.
The examiner notes that the last paragraph of Action and Effect states that the sphere 8 and the support member 9 can be integrally formed from one component. When they are integrally formed as one component, the valve element is fixed to and retained by the guidance element
Response to Arguments
It is noted that no new rejection is being applied to previously rejected claim 23, however, in order to reject new claim 24, a new reference had to be used in the rejection of claim 24.
Regarding the applicant’s remarks concerning claim 23, the examiner notes that figure 3 of Nakamura clearly teaches element 86 having a circular cross section with three flattened sections 102. The parts of 86 that are close to the bore 90 are curved. If the flat cutouts 102 were not there, the cross section would be circular.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references for the rejection of claim 23, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, the motivation to add the flattened sections 102 to the guidance member of Bosch is to form larger flow path. This comes from the knowledge generally available to one of ordinary skill in the art. Bosch clearly teaches a flow path between the wall and the guidance member which is shown in the figure. There is plenty room for fluid to flow between the guidance member and the bore. Adding the float portions 102 would just make this flow path larger, letting more fluid flow. Additionally, it would reduce friction between the guidance member and the bore allowing for the guidance member to flow more freely.
Regarding the remainder of the claims, the applicant’s remarks are moot in view of the new grounds of rejection 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 9/21/2026
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