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.
Claim 12 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.
Claim 12 recites the limitation "for each liquid outlet" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4, from which claim 5 depends, recites first and second swirling gas streams. Claim 5 further recites that the the swirl rotations of the first and second swirling gas streams are in a same direction or in opposite directions. These alternatives encompass all possible relative rotational relationships between the first and second swirling gas streams. An instrument within the scope of claim 4 necessarily have swirl rotations that are either in the same direction or in opposite directions, therefore claim 5 does not further limit the scope of Claim 4 Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 10, 12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagata et al. (US 4335677).
As to claim 1, Nagata et al. discloses an instrument (spray gun), comprising a nozzle arrangement arranged distally on the instrument and adapted to spray liquids (paint) using a swirling gas stream; the nozzle arrangement comprises a nozzle body with a liquid outlet (13 of Fig. 2) and a gas outlet arrangement (12 of Fig. 2); and the instrument is configured to dispense at least one first liquid stream through the liquid outlet and the at least one swirling gas stream through the gas outlet arrangement, wherein the gas outlet arrangement surrounds the liquid outlet (see Fig. 2, col. 2 lines 37-56; col. 4, lines 45-65).
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As to claim 10, the instrument comprises a gas supply channel which opens into the nozzle body and supplies the gas outlet arrangement; and at least one swirling generating means to apply a predetermined swirl to the gas supply stream (see Fig. 2).
As to claim 12, Nagata et al. discloses the instrument comprises an elongated shaft where the gas supply channel and liquid capillary for the liquid outlet extend separately from each other (see Fig. 2); and a proximally arranged interface connected to a gas and liquid supply to supply the liquid and gas stream (see 16 (air hose) and 15 ( paint hose) of Fig. 2; col. 4, lines 34-39).
As to claim 15, Nagata et al. discloses a system comprising a spray gun having a nozzle arrangement arranged distally on the instrument and adapted to spray liquids using a swirling gas stream; the nozzle arrangement comprises a nozzle body with a liquid outlet (see 13 of Fig. 2) and a gas outlet arrangement (12 of Fig. 2); and the instrument is configured to dispense at least one first liquid stream through the liquid outlet and the at least one swirling gas stream through the gas outlet arrangement, wherein the gas outlet arrangement surrounds the liquid outlet (see Fig. 2, col. 2, lines 37-56; col. 4, lines 45-65); and a supply for supplying paint and gas to the instrument (see col. 4, lines 34-39).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakaguchi et al. (JP 2000354797) in view of Nagata et al. (US 4335677).
As to claim 1, Sakaguchi et al. discloses an instrument (adhesive application utensil, see Fig. 1) comprising a nozzle arrangement for spraying liquids (see abstract) using a gas stream (4 of Fig). The nozzle arrangement comprises a nozzle body with a liquid outlet (see 3 of Fig. 1 and 3) and a gas outlet arrangement (see 5 of Fig. 1 and 3); and wherein the instrument is configured to dispense at least a first liquid stream through the liquid outlet and a gas stream through the gas outlet arrangement (see 0006-0009 of translation).
As to claim 14, Sakaguchi et al. teaches a method of spraying liquids where a first gas stream is generated through an outlet arrangement in s spray direction; a first liquid is generated (7 of Fig. ) which exits a first liquid outlet (see 3 or Fig.); generating a second liquid stream (9 of Fig.) which exits a second liquid outlet (see Fig.) where a gas stream envelops the liquid stream.
Sakaguchi et al. fails toe ach the nozzle arrangement uses at least one swirling gas stream to spray the liquid as required by claims 1 and 14.
Nagata et al. discloses a gas-assisted spray nozzle where gas I directed through spiral grooves formed in the nozzle structure before exiting through an annular outlet surrounding a liquid outlet. The spiral grooves impart rotational motion to the gas, producing a swirling gas stream that surrounds and atomizes the liquid (see col. 2,lines 37-56; col. 4, lines 34-39 and 45-65). The swirling gas improves atomization and spray distribution by producing a finer and more uniform spray (see col. 1, lines 5-12 and col. 3, lines 1-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the instrument of Sakaguchi et al. to include the spiraling generating gas passage of Nagata et al. One would have been motivated to do so since are directed the gas-assisted atomization to produce a controlled spray of liquid through a nozzle surrounded by gas. While Nagata et al. further teaches imparting a swirling gas stream to improve atomization and have a more uniform spray pattern. Sakaguchi et al. teaches using gas passages surrounding liquid outlets, incorporating the swirl-generating structure of Nagata et al. into those gas passages would have been predictable substitution of one known element for another with same intended purpose.
As to claim 2, Sakaguchi et al. teaches the liquid outlet includes a first liquid outlet and a second liquid outlet where the outlets are spaced apart (see Fig. 1b).
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As to claim 3, Sakaguchi et al. teaches the gas outlet arrangement has first gas outlet opening concentric with the first liquid outlet (See Fig. 1).
As to claim 4, Sakaguchi et al. combined with Nagata et al. teaches the gas outlet arrangement has a second gas outlet opening concentric with the second liquid outlet (See Fig. 1), where the first and second gas outlet openings are configured to emit first and second swirling gas streams.
As to claim 5, Sakaguchi et al. modified by Nagata et al. teach two independently generated swirling gas streams associated with respective outlets. The relative rotational directs of two swirling gas streams must be either same or opposite. Since claim 5 encompasses both alternatives, the references satisfy the claim.
As to claim 6, Sakaguchi et al. modified by Nagata et al. teaches the instrument includes a first and second liquid outlet that is spaced apart from each other in a flow body (6 of Fig. 1 of Sakaguchi et al. and 8c of Fig. of Nagata et al.) which defines a central axis.
As to claim 7, the instrument includes gas outlet opening that surrounds the flow body and is concentric with the central axis (see Fig. 3-5 of Nagata et al.).
As to claim 8, the flow body has a conical outer contour (see Fig. 2 of Nagata et al.).
As to claims 9 and 16, Sakaguchi et al. modified by Nagata et al. would result in each swirling gas stream enveloping the corresponding liquid stream as it exits the respective liquid outlet.
As to claim 10, the instrument comprises a gas supply channel which opens into the nozzle body and supplies the gas outlet arrangement; and at least one swirling generating means to apply a predetermined swirl to the gas supply stream (see Fig. 2 of Nagata).
As to claim 11, Sakaguchi et al. teaches the liquid nozzles protrude from the tip surface 1-3 mm (0009 of the translation).
As to claim 12, Nagata et al. discloses the instrument comprises an elongated shaft where the gas supply channel and liquid capillary for the liquid outlet extend separately from each other (see Fig. 2); and a proximally arranged interface connected to a gas and liquid supply to supply the liquid and gas stream (see 16 (air hose) and 15 ( paint hose) of Fig. 2; col. 4, lines 34-39).
As to claim 13, Nagata et al. states when the nozzle returns to the one end opening (21 a of Fig.) the supply of the paint and gas is suspended to stop the coating operation (see col. 5, lines 32-41).
As to claim 15, Nagata et al. discloses a system comprising a spray gun having a nozzle arrangement arranged distally on the instrument and adapted to spray liquids using a swirling gas stream; the nozzle arrangement comprises a nozzle body with a liquid outlet (see 13 of Fig. 2) and a gas outlet arrangement (12 of Fig. 2); and the instrument is configured to dispense at least one first liquid stream through the liquid outlet and the at least one swirling gas stream through the gas outlet arrangement, wherein the gas outlet arrangement surrounds the liquid outlet (see Fig. 2, col. 2, lines 37-56; col. 4, lines 45-65); and a supply for supplying paint and gas to the instrument (see col. 4, lines 34-39).
As to claim 17, Sakaguchi et al. modified by Nagata et al. would result in a gas outlet that emits a swirling gas surrounding flow body (see Figs of Nagata et al.) and the swirling gas envelops both streams.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mansour et al. (US 6547163) teaches an atomizing nozzle that includes a swirling assembly having a first and second swirler. Mansour et al. states the vanes of the swirler can be positioned to provide co rotating flow (in the same direction) or counter rotating air flows (opposite direction) (see col. 8, lines 1-9).
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/CACHET I. PROCTOR/
Examiner
Art Unit 1712
/CACHET I PROCTOR/Primary Examiner, Art Unit 1712
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