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 § 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chamorro (US 9433950 as referenced in OA dated 10/7/2025) in view of Thompson (US 2936960).
Regarding claim 1, Chamorro teaches a water jet lance (10) (Figure 2; 1, 2, 6) comprising:
a notched deflector (1) (Figure 1; 3) wherein the deflector (1) is made up of a circular part with a rod (2) (Figure 1; 5) and a head (3) (Figure 1; 4) provided with notches (4) (Figure 1; 7) that are distributed over a lateral surface (The lateral surface of the head with Figure 1; 7) of said head (3);
the water jet lance (10) comprising a rolling cylinder (7) (Figure 1; 2) with a frustoconical upper base (7a) (Figure 1; 2a), inclined inwards, the deflector (1) being positioned axially inside the rolling cylinder (7) with the head (3) oriented towards the upper base (7a) (Functional Language, the head can be oriented towards the upper base, Column 1, lines 51-58 states Figure 1; 2 can be moved to the left so that the notches can be to the right of 2) of the rolling cylinder (7) and the rod (2) being surrounded by an inner cylinder (8) (Figure 2; 1), of the water jet lance (10),
wherein said deflector (1) has a circular projection (5) (Annotated Figure 1; labeled circular projection) on a rear portion of the head (3) (The rear portion of the head where the circular projection is located), such that when water flow passes through the water jet lance (10), the water flow strikes said circular projection (5) before fragmenting in the notches (4), achieving a regular and stable stream (Functional Language, The regular and stable stream formed by the water flow), either in the form of a compact jet (Functional Language, the compact stream of Column 1, lines 51-58) or in the form of fine mist (Functional Language, the fog of Column 1, lines 51-58).
wherein the circular projection (5) emerges right next to the rear portion or a base (4a) (Annotated Figure 1; labeled base. The circular projection emerges right next to the base) of the notches (4), in an area (The area where the heat joins the rod) of the notches (4), in an area where the head (3) joins the rod (2); and
wherein the circular projection (5) covers a portion of the rear portion (The circular projection covers a portion of the rear portion) or the base (4a) of the notches (4) on a lateral side (The bottom side of the head in Figure 1) of the head (3).
Chamorro does not disclose the water jet lance (10) comprising a main cylindrical body (6);
the cylindrical body (6) being located between the inner cylinder (8) and the rolling cylinder (7).
However, Thompson teaches a water jet lance (10) (Figure 1) comprising a main cylindrical body (6) (Annotated Figure 1; labeled main cylindrical body);
the cylindrical body (6) being located between an inner cylinder (8) (Annotated Figure 1; labeled inner cylinder) and a rolling cylinder (7) (Figure 1; 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Chamorro wherein the water jet lance (10) comprising a main cylindrical body (6); the cylindrical body (6) being located between the inner cylinder (8) and the rolling cylinder (7) as taught by and suggested by Thompson in order to provide means for providing a wide range of output stream rates (Column 2-3 lines 68-15, 35-58, The modification adds the main cylindrical body of Thompson to the inner cylinder of Chamorro and the corresponding threads).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Applicant's arguments filed 2/4/2026 have been fully considered but they are not persuasive.
Applicant asserts that the circular projection of Chamorro is too small to provide the function of the instant application. Examiner respectfully disagrees. The circular projection of Chamorro being similar to the instant application is capable of performing the function of the instant application.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the size and function of the circular projection) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant asserts that Chamorro does not disclose, the circular projection covers a portion of the rear area or base of the notches on the lateral side of the head. Examiner respectfully disagrees. As shown in this OA, Chamorro discloses the disputed claim limitation. Furthermore, this argument is conclusory, and thus, is not persuasive.
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 EDWIN G KANG whose telephone number is (571)272-9814. The examiner can normally be reached Mon-Fri 8:00-5:00 PM EST.
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/EDWIN KANG/Primary Examiner, Art Unit 3741