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 .
Response to Amendment
The response filed on January 26, 2026 is acknowledged.
Election/Restrictions
Applicant’s election of Spray gun Species I; Air valve Species I; Spray tip Species I ; Collar Species II; and Turbulator Species I in the reply filed on October 3, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
No claim is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 3, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cartridge body, the seat, the valve member, and the actuator spring form a single unit that is mountable to and dismountable from the spray gun as the single unit as amended in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. As shown in Fig. 8 and paragraph [0169], valve seat 250 is an element or feature of the air valve bore 50 and the air valve bore 50 is an element of the spray gun 10 (paragraph [0053]) and not an element of the fluid valve cartridge 44 and/or air valve cartridge 46. Clarification is respectfully requested.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The disclosure, as originally filed, does not disclose that the cartridge body, the seat, the valve member, and the actuator spring form a single unit that is mountable to and dismountable from the spray gun as the single unit as amended in claim 1. As shown in Fig. 8 and paragraph [0169], valve seat 250 is an element or feature of the air valve bore 50 and the air valve bore 50 is an element of the spray gun 10 (paragraph [0053]) and not an element of the fluid valve cartridge 44 and/or air valve cartridge 46. Clarification is respectfully requested.
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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) 1-18, as best understood by the Examiner, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Schmon et al. (US 10189037. Schmon hereinafter).
With respect to claim 1, Schmon discloses a spray fluid control cartridge (27, 271, 272, 273) for (capable of being) use in a spray gun (Figs. 1-10) configured to (capable of) emit sprays of a spray fluid and compressed gas, the spray fluid control cartridge comprising: a cartridge body (Figs. 7-10) extending between a first (right) end and a second (left) end (where stopper 25 is generally the middle portion of the two ends), wherein the cartridge body is configured to (capable of) output the spray fluid through the first end; an inlet port (at 600) formed through the cartridge body between the first end and the second end, the inlet port configured to (capable of) admit the spray fluid into a fluid chamber (at 27) disposed within the cartridge body; a seat (at 27c blocked by 26. Col. 15, line 46 to Col. 16, line 8) disposed within the cartridge body; a valve member (26 to 22) elongated along an (horizontal) axis and configured to (capable of) interface with the seat to close a fluid valve (the valve above air valve 4), the valve member extending through the fluid chamber and out of the second end of the housing (at least the material volume control 22); and an actuator spring (25) disposed within the cartridge body outside of the fluid chamber, the actuator spring interfacing with the valve member to bias the valve member towards the seat such that the fluid valve is normally closed (Col. 15, line 46 to Col. 16, line 8);
wherein the cartridge body, the seat, the valve member, and the actuator spring form a single (fluidly functional) unit that is mountable (assembled) to and dismountable (dissembled) from the spray gun as the (fluidly functional) single unit. Interpretation A: Schmon spray fluid control cartridge is similar, if not identical, to the Applicant’s invention, therefore, Schmon anticipated the claimed invention. Interpretation B: The limitation “single unit” has been interpreted as a single fluidly functional unit element.
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the cartridge body, the seat, the valve member, and the actuator spring as a single (integrated) unit, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
With respect to claim 2, Schmon discloses wherein the valve member comprises: a needle (26 and 23) partially disposed within the fluid chamber and extending out of the fluid chamber; and an actuator shaft (22) fixed to the needle; wherein the actuator spring interfaces with the actuator shaft (via stopper 25) to bias the valve member.
With respect to claim 3, Schmon discloses wherein the needle extends into the actuator shaft (Figs. 3 and 6).
With respect to claim 4, Schmon discloses wherein the needle is at least partially disposed directly radially within the actuator spring (Figs. 3 and 6).
With respect to claim 5, Schmon discloses wherein the needle supports a ball (of ball coupling 51) that interfaces (indirectly) with the seat to close the fluid valve.
With respect to claim 6, Schmon discloses wherein the actuator spring is braced against the cartridge body (Figs. 3 and 6).
With respect to claim 7, Schmon discloses the spray fluid control cartridge of claim 1, further comprising: a first seal groove (see partial Figs. 3 and 8 with additional annotations below) formed on an exterior of the cartridge body and disposed axially between the inlet port and the first end; and a second seal groove formed on the exterior of the cartridge body and disposed axially between the inlet port and the second end.
With respect to claim 8, Schmon discloses the spray fluid control cartridge of claim 7, further comprising: a third seal groove (see partial Figs. 3 and 8 with additional annotations below) formed on the exterior of the cartridge body and disposed axially between the first seal groove and the first end; and a fourth seal groove formed on the exterior of the cartridge body and disposed axially between the third seal groove and the first end.
With respect to claim 9, Schmon discloses wherein the cartridge body comprises: a fluid housing (defined by 27) through which the inlet port is formed; and a spring housing (cavity containing 24. Figs. 3 and 6) connected to the fluid housing; wherein the actuator spring is disposed within the spring housing; and wherein the valve member extends fully axially through the spring housing.
With respect to claim 10, Schmon discloses wherein the cartridge body further comprises: a tip mount (26a and the outlet at 27c) connected to the fluid housing such that the fluid housing is disposed between the tip mount and the spring housing (Figs. 3 and 6).
With respect to claim 11, Schmon discloses wherein an outlet (at 27c) through which spray fluid is emitted from cartridge body is formed by the tip mount.
With respect to claim 12, Schmon discloses wherein the tip mount includes a nozzle (the outlet at 27c) formed as a projection that projects axially away from the fluid chamber, the outlet formed through the nozzle (Figs. 3 and 6).
With respect to claim 13, Schmon discloses the spray fluid control cartridge of claim 12, further comprising: at least one air passage (of 11) extending axially through a portion of the tip mount to provide a flowpath for compressed gas to flow through the tip mount (Figs. 3 and 6).
With respect to claim 14, Schmon discloses wherein the at least one air passage is disposed radially outward from the nozzle (Figs. 3 and 6).
With respect to claim 15, Schmon discloses the spray fluid control cartridge of claim 1, further comprising: at least one air passage (of 11) extending axially through a portion of the cartridge body to provide a flowpath for compressed gas to flow through the cartridge body; wherein the at least one air passage is disposed radially outward of the fluid chamber (Figs. 3 and 6).
With respect to claim 16, Schmon discloses wherein an inlet (at 26a of 12) of the at least one air passage is disposed axially between the first end and the inlet port and an outlet (pointed by reference number “11” in Fig. 3) of the at least one air passage is disposed axially between the first end and the inlet port.
With respect to claim 17, Schmon discloses the spray fluid control cartridge of claim 1, further comprising: a seat retainer (body of 11 and 12) connected to the cartridge body within the cartridge body, the seat retainer interfacing (securing) with the seat to secure the seat within the cartridge body.
With respect to claim 18, Schmon discloses wherein a coupler (5a, 22, 25 and 24) is retained on a portion of the valve member disposed outside of the cartridge body (at least 22), the coupler wrapping at least partially around the valve member.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmon et al. (US 10189037. Schmon hereinafter).
With respect to claim 19, Schmon discloses a spray fluid control cartridge (27, 271, 272, 273) for (capable of being) use in a spray gun (Figs. 1-10) configured to emit sprays of a spray fluid and compressed gas, the spray fluid control cartridge comprising: a cartridge body (Figs. 7-10) extending between a first (right) end and a second (left) end (where stopper 25 is generally the middle portion of the two ends), wherein the cartridge body is configured to (capable of) output the spray fluid through the first end, the cartridge body including a fluid housing (defined by 27) and a spring housing (cavity containing 24. Figs. 3 and 6); an inlet port (at 600) formed through the fluid housing; the inlet port configured to (capable of) admit the spray fluid into a fluid chamber (at 27) disposed within the cartridge body; a seat (at 27c blocked by 26. Col. 15, line 46 to Col. 16, line 8) disposed within the cartridge body; a seal (25 and the enlarged cylinder section of 26 and the interior wall connected to it. Figs. 3 and 6) supported by the cartridge body, the seal fluidly separating the fluid chamber and an interior of the spring housing; a valve member (26 to 22) elongated along an (horizontal) axis and configured to (capable of) interface with the seat to close a fluid valve (the valve above air valve 4), the valve member extending through the fluid chamber and the seal and out of the second end of the housing (at least the material volume control 22); an actuator spring (25) disposed within the spring housing and interfacing with the valve member to bias the valve member towards the seat such that the fluid valve is normally closed (Col. 15, line 46 to Col. 16, line 8), wherein the actuator spring is disposed around the valve member and the valve member extends fully axially through the actuator spring.
With respect to claim 20, Schmon discloses a spray fluid control cartridge (27, 271, 272, 273) for (capable of being) use in a spray gun (Figs. 1-10) configured to (capable of) emit sprays of a spray fluid and compressed gas, the spray fluid control cartridge comprising: a cartridge body (Figs. 7-10) comprising: a fluid housing (defined by 27) at least partially defining a fluid chamber (at 27) within the cartridge body; a tip mount (26a and the outlet at 27c) connected to the fluid housing and extending in a first (horizontal, rightward) direction along an (horizontal) axis away from the fluid housing; a spring housing (cavity containing 24. Figs. 3 and 6) connected to the fluid housing and extending in a second (leftward) direction along the axis away from the fluid housing; at least one passage (air passage of 11) formed through the tip mount, the at least one passage extending between a passage inlet (at 26a of 12) and a passage outlet (pointed by reference number “11” in Fig. 3) and configured to (capable of) route compressed gas through the tip mount; a fluid outlet (the outlet at 27c) formed through the tip mount and disposed on the axis; an inlet port (at 600) formed through the fluid housing and configured to admit the spray fluid into the fluid chamber; a seat (at 27c blocked by 26. Col. 15, line 46 to Col. 16, line 8) disposed within the cartridge body; a valve member (26 to 22) elongated along the axis and configured to (capable of) interface with the seat to close a fluid valve (the valve above air valve 4), the valve member extending through the fluid chamber, through a seal (25 and the enlarged cylinder section of 26 and the interior wall connected to it. Figs. 3 and 6) and into the spring housing, and out from the spring housing (at least the material volume control 22); and an actuator spring (25) disposed within the spring housing and outside of the fluid chamber, the actuator spring interfacing with the valve member to bias the valve member towards the seat such that the fluid valve is normally closed (Col. 15, line 46 to Col. 16, line 8).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 on January 26, 2026 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. Furthermore, the newly amended limitation in claim 1 violates the drawing requirements under 37 CFR 1.83(a) and 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. See detailed rejections elaborated above.
Applicant's arguments filed on January 26, 2026, with respect to claims 19 and 20, have been fully considered but they are not persuasive.
With respect to claims 19, the Applicant argues that Schmon fails to disclose “a cartridge body comprising: a fluid housing at least partially defining a fluid chamber within the cartridge body” and “an actuator spring disposed within spring housing and interfacing with the valve member to bias the valve member towards the seat such that the fluid valve is normally closed, wherein the actuator spring is disposed around the valve member and the valve member extends fully axially through the actuator spring.”
The Examiner respectfully disagrees. As elaborated in the rejection above, Schmon fails to disclose “a cartridge body (Figs. 7-10) comprising: a fluid housing (defined by 27) at least partially defining a fluid chamber (at 27) within the cartridge body” and “an actuator spring (25) disposed within spring housing and interfacing with the valve member to bias the valve member towards the seat such that the fluid valve is normally closed (Col. 15, line 46 to Col. 16, line 8), wherein the actuator spring is disposed around the valve member and the valve member extends fully axially through the actuator spring.” Therefore, the cartridge body includes elements shown in Figs. 7-10, a fluid housing (a housing defined by 27. Housing is defined as “3. Something that covers, protects, or supports… American Heritage Dictionary of the English Language) and a fluid chamber (space or void at 27). The actuator spring (25) is disposed within spring housing (cavity containing 24. Figs. 3 and 6). All limitations are properly marked and mapped as detailed as possible. It is unclear what limitation is not met by Schmon?
The Applicant further argues that spring 24 of Schmon is separate from and not disposed within any "cartridge body" as recited in claim 19. As elaborated in the rejection above, the spring housing is “cavity containing 24,” and the spring housing is a part/portion of the "cartridge body." Therefore, Schmon discloses spring 24 is disposed within the "cartridge body." Alternatively, along the longitudinal length of the spray gun, element 23 is longer that the spring 24, and supports the spring 24. Therefore, in the perspective along the longitudinal length of the spray gun, the spring 24 is disposed within element 23 of the "cartridge body." With respect to claims 20, the Applicant raised no new issue. Applicant's arguments directed to claim 20 have been addressed in Claim 19 section 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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (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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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 May 12, 2026
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