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 .
The amendment filed 10/31/25 has been considered and entered. Claims 2,5,6 and 10 have been canceled. Claims 12-20 having been withdrawn from consideration as being directed toward a non-elected invention. Hence, claims 1,3,4,7-9 and 11 remain in the application for prosecution thereof.
Considering the amendment filed 10/31/25, the 35 USC 112 and 103 rejections have been withdrawn, however, the following rejections have been necessitated by the amendment.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.
Claim Rejections - 35 USC § 112
Claim 1 is 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 1,
the term “the receptable” lacks antecedent basis and appears to be a typographical error and should recite “receptacle”. Clarification is requested.
the “supplying the fluid material to the airless spray device via the pressurized spray fluid” is unclear and confusing as the pressurized fluid source comprises the fluid matter so how is the fluid material being supplied via the pressurized spray fluid when it is already a part of the fluid source? Clarification is requested.
Regarding claims 3,4,7,8,9 and 11 are rejected as being based upon a rejected base claim.
Allowable Subject Matter
Claims 1,3,4,7-9 and 11 are 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.
It is noted withdrawn claims 12-20 would need to be canceled to place the application in condition for allowance after the 35 USC 112 rejections have been overcome.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art while teaching applying adhesive to a substrate using an airless spray device fails to teach the adhesive being supplied through a handle with a connector and a receptacle attached to the airless spray device that includes one or more components configured to cure the adhesive whereby the supplying the one or more components to the fluid material (adhesive) is performed before spraying, i.e. within the air spray device.
Response to Amendment
Applicant’s arguments with respect to claims 1,3,4,7-9 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner agrees and has removed the rejection, however, the following 112 rejections have been necessitated by the amendment.
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 BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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/BRIAN K TALBOT/Primary Examiner, Art Unit 1715