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 .
Election/Restrictions
Applicant’s election without traverse of Group 3 in the reply filed on 12/29/2025 is acknowledged.
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) 16, 19-23, 25-27, 29-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellum et al (US 5081766).
Regarding claim 16, Kellum discloses a nozzle (Figure 1) comprising:
an elongate body (Figure 1; 12);
a pre-orifice regulator (Figure 1; 44) having a pre-orifice opening (Figure 1; 46) configured to regulate fluid flow (Functional Language, the flow through 46 which has been regulated), the pre-orifice regulator being coupled to a first end (The top of Figure 1; 12) of the elongate body;
a nozzle terminal (Figure 1; 20) coupled to a second end (The bottom end of Figure 1; 20) of the elongate body, the nozzle terminal defining a spray opening (Figure 2; 40); and
a diffuser (Figure 1; 18) coupled to the nozzle terminal, the diffuser defining a diffusion opening (Figure 2; 36), wherein the diffuser is positioned within the elongate body between the pre-orifice regulator and the spray opening.
Regarding claim 19, Kellum discloses the invention as claimed.
Kellum further discloses wherein an axis (The central axis of Figure 1; 12 which is coincident with the central axis of 16) is defined by the elongate body and extends through the spray opening, and the diffusion opening extends perpendicular to the axis (Figure 2; 36 extends along the diameter of 36 which is perpendicular to the axis).
Regarding claim 20, Kellum discloses the invention as claimed.
Kellum further discloses wherein an axis (The central axis of Figure 1; 12 which is coincident with the central axis of 16) is defined by the elongate body and extends through the spray opening, and the diffusion opening extends parallel to the axis (Figure 2; 36 extend perpendicularly into and out of the page, which is parallel to the axis).
Regarding claim 21, Kellum discloses a nozzle (Figure 1), comprising:
an elongate body (Figure 1; 12) including a first passageway (Figure 1; 48 which extends to 52);
a pre-orifice regulator (Figure 1; 44) having a pre-orifice opening (Figure 1; 46) configured to regulate fluid flow (Functional Language, the flow through 46 which has been regulated), the pre-orifice regulator being coupled to a first end (The top of Figure 1; 12) of the elongate body; and
a nozzle outlet subassembly (The subassembly of Figure 1; 20 and 18) disposed at least partially within the first passageway, the nozzle outlet subassembly including a nozzle terminal (Figure 1; 20) and a diffuser (Figure 1; 18), the nozzle terminal defining a second passageway (Figure 1; 38) and a spray opening (Figure 2; 40),
wherein the diffuser defines a diffusion opening (Figure 2; 36) that is proximate the spray opening.
Regarding claim 22, Kellum discloses the invention as claimed.
Kellum further discloses wherein the diffuser comprises a plate (Figure 1; 18 is a plate) with the diffusion opening extending through the plate, and a surface (The bottom surface of Figure 1; 18) of the plate is positioned perpendicular to an axis (The central axis of Figure 1; 12 which is coincident with the central axis of 16 and extends to 52) that extends along at least a portion of the elongate body, through the plate, and through the spray opening.
Regarding claim 23, Kellum discloses the invention as claimed.
Kellum further discloses wherein the diffusion opening extends through the plate parallel to the axis.
Regarding claim 25, Kellum discloses the invention as claimed.
Kellum further discloses wherein the diffusion opening is one of a plurality of diffusion openings (Figure 2; 36) defined in the diffuser, the plurality of diffusion openings being disposed about an axis (The central axis of Figure 1; 12 which is coincident with the central axis of 16 and extends to 52) defined by the elongate body and extending through the spray opening.
Regarding claim 26, Kellum discloses the invention as claimed.
Kellum further discloses wherein one or more of the plurality of diffusion openings has a cross-section that is one of crescent-shaped, semi-circular, or circular (The cross-section of the diffusion openings is circular).
Regarding claim 27, Kellum discloses the invention as claimed.
Kellum further discloses wherein one or more of the plurality of diffusion openings is radially offset from the axis.
Regarding claim 29, Kellum discloses the invention as claimed.
Kellum further discloses wherein the surface of the plate is seated into the nozzle terminal to orient the diffusion opening relative to the spray opening.
Regarding claim 30, Kellum discloses a nozzle (Figure 1), comprising:
an elongate body (Figure 1; 12) including a first passageway (Figure 1; 48 which extends to 52), a first end (The top of Figure 1; 12), and a second end (The bottom end of Figure 1; 20);
a pre-orifice regulator (Figure 1; 44) having a pre-orifice opening (Figure 1; 46) configured to regulate fluid flow (Functional Language, the flow through 46 which has been regulated), the pre-orifice regulator being coupled to the first end of the elongate body; and
a nozzle outlet (Figure 1; 20 and 18) configured to be coupled to the second end of the elongate body, the nozzle outlet including
a nozzle terminal (Figure 1; 20) defining a spray opening (Figure 2; 40) and an axis (The central axis of Figure 1; 12 which is coincident with the central axis of 16 and extends to 52) extending through the spray opening, and
a diffuser (Figure 1; 18) provided in the form of a plate (Figure 1; 18 is a plate), wherein a diffusion opening (Figure 2; 36) extends through the plate and parallel to the axis.
Regarding claim 31, Kellum discloses the invention as claimed.
Kellum further discloses wherein a surface (The bottom surface of the plate is perpendicular to the axis) of the plate is positioned perpendicular to the axis.
Regarding claim 32, Kellum discloses the invention as claimed.
Kellum further discloses wherein the axis is a first axis (The axis is a first axis),
the diffusion opening is one of a plurality of diffusion openings (Figure 2; 36) aligned along the surface of the plate to form a second axis (The axis of Figure 2; 36 that is parallel and along the surface of the plate), and
the first axis is substantially perpendicular to the second axis.
Regarding claim 33, Kellum discloses the invention as claimed.
Kellum further discloses wherein the diffuser includes a flat side (The bottom side of the Figure 1; 28) and the flat side mates with the nozzle terminal to orient the diffusion opening relative to the spray opening (Functional Language, the flat side orients the diffusion opening to the spray opening).
Regarding claim 34, Kellum discloses the invention as claimed.
Kellum further discloses wherein when the nozzle outlet is viewed from a perspective (The perspective of Figure 2) that is normal to the surface of the plate, an outer circumference (The outer circumference of the diffusion opening) of the diffusion opening does not overlap with an outer circumference (The outer circumference of the spray opening) of the spray opening (The outer circumference of the spray opening does not overlap the outer circumference of the diffusion opening).
Claim(s) 16, 17, 21, 22, 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foubert et al (US 20210268522)
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Annotated Figure 5 of Foubert
Regarding claim 16, Foubert discloses a nozzle (Figure 4) comprising:
an elongate body (Figure 4; 1);
a pre-orifice regulator (Figure 5; 29) having a pre-orifice opening (The calibration orifice in Figure 5; 29, Paragraph 0050) configured to regulate fluid flow (Functional Language, the flow through Figure 5; 29 which has been regulated), the pre-orifice regulator being coupled to a first end (Figure 5; 29 is coupled to the top of the elongate body through 2) of the elongate body;
a nozzle terminal (Figure 4; 3) coupled to a second end of (The bottom of the elongate body) the elongate body, the nozzle terminal defining a spray opening; and
a diffuser (Figure 5; 2) coupled to the nozzle terminal, the diffuser defining a diffusion opening (Figure 5; 22), wherein the diffuser is positioned within the elongate body between the pre-orifice regulator and the spray opening.
Regarding claim 17, Foubert discloses the invention as claimed.
Foubert further discloses wherein a cross-sectional area (The largest cross-sectional area of Figure 5; 22) of the diffusion opening is larger than a cross-sectional area of the pre-orifice opening (The cross-sectional area of the calibration orifice in Figure 5; 29, Paragraph 0050).
Regarding claim 21, Foubert discloses a nozzle (Figure 5), comprising:
an elongate body (Figure 5; 1) including a first passageway (The passageway in Figure 5; 1 which accommodates at least 2);
a pre-orifice regulator (Figure 5; 2) having a pre-orifice opening (The central passage in Figure 5; 2 which includes 22) configured to regulate fluid flow (Functional Language, the flow through 22 which has been regulated), the pre-orifice regulator being coupled to a first end (The top end of the elongate body) of the elongate body; and
a nozzle outlet subassembly (Figure 4; 7, 3) disposed at least partially within the first passageway, the nozzle outlet subassembly including a nozzle terminal (Figure 4; 3) and a diffuser (Figure 4; 7 which is also shown in Figure 8), the nozzle terminal defining a second passageway (Figure 5; 30) and a spray opening (Figure 5; 31),
wherein the diffuser defines a diffusion opening (Figure 8; 71) that is proximate the spray opening.
Regarding claim 22, Foubert discloses the invention as claimed.
Foubert further discloses wherein the diffuser comprises a plate (Annotated Figure 5; labeled plate) with the diffusion opening extending through the plate, and a surface (Th top or bottom surface of the plate) of the plate is positioned perpendicular to an axis (The central axis of Figure 4; 1) that extends along at least a portion (Any portion of the elongate body) of the elongate body, through the plate, and through the spray opening.
Regarding claim 24, Foubert discloses the invention as claimed.
Foubert further discloses wherein the diffuser comprises an extender (Annotated Figure 5; labeled extender) that extends axially from the plate, and the diffuser is positioned in the nozzle outlet subassembly such that the extender extends away from the nozzle terminal.
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kellum in view of Swan et al (US 20110095104).
Regarding claim 18, Kellum discloses the invention as claimed.
Kellum does not disclose wherein the nozzle terminal includes bayonet lobe that mates with the elongate body to align the spray opening relative to the elongate body.
However, Swan teaches wherein a nozzle terminal (Figure 4A; 12, 14) includes bayonet lobe (The protrusions defining Figure 2; 20 as applied to Figure 4A. Paragraph 0026) that mates with an elongate body (Figure 4A; 28) to align a spray opening (The opening in Figure 2A; 14) relative to the elongate body (Paragraph 0026, 0027).
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 Kellum wherein the nozzle terminal includes bayonet lobe that mates with the elongate body to align the spray opening relative to the elongate body as taught by and suggested by Swan in order to support proper alignment (Paragraph 0027, the modification adds a bayonet mechanism to Kellum).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kellum in view of Neilbrook et al (US 5862985).
Regarding claim 28, Kellum discloses the invention as claimed.
Kellum does not disclose wherein the diffuser includes a lobe region extending radially from a central region, and the lobe region and the central region define a shoulder.
However, Neilbrook teaches wherein a diffuser (Figure 3A; 70) includes a lobe region (Figure 3A; 99) extending radially from a central region (The central region of from which Figure 3A; 99 extends from), and the lobe region and the central region define a shoulder (The shoulder defined by the lobe and shoulder regions).
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 Kellum wherein the diffuser includes a lobe region extending radially from a central region, and the lobe region and the central region define a shoulder as taught by and suggested by Swan in order to align the diffuser with the elongate body (Column 6, lines 65-67, The modification adds an alignment mechanism).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kellum in view of Eboigbodin et al (US 20210252534)
Regarding claim 35, Kellum discloses the invention as claimed.
Kellum further discloses wherein the diffusion opening has a circular cross- section (The circular cross-section of the diffusion opening) with a diameter (The diameter of the diffusion opening).
Kellum does not disclose wherein the diameter equal to or less than 2mm.
However, Eboigbodin teaches a diffusion opening (Figure 7; 162) has a circular cross- section (The circular cross-section of Figure 7; 162) with a diameter (The diameter of Figure 7; 162) and
teaches in Paragraph 0059 that a diameter is a results-effective variables that controls pressure drop. A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,8 (CCPA 1977). Therefore, an ordinary skilled worker would recognize that the diameter are result-effective variables that controls pressure drop. Thus, the claimed limitation of the diameter equal to or less than 2mm is found to be an obvious optimization of the prior art obtainable by an ordinary skilled worker through routine experimentation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the diffusion opening of Kellum to have the specified diameter size, as it involves only adjusting a dimension of the diameter of Kellum disclosed to require adjustment.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B).
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 Kellum wherein the diameter equal to or less than 2mm in order to optimize pressure drop (The modification has the diameter being 2 mm or less).
Conclusion
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