DETAILED ACTION
Claim Objections
Claims 1-16 are objected to because of the following informalities:
The use of the terms “thereby” or “whereby” in the claims is improper. It is noted that the courts have held that functional “whereby” statements do not define any structure, and accordingly cannot serve to distinguish over the prior art. See In re Mason, 114 USPQ 127, 44 CCPA 937 (1957).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-11 are 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 pre-AIA the applicant regards as the invention.
In claim 1, line 13, "the first region" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as a first region.
In claim 1, line 16, the use of "close proximity" is deemed vague and indefinite because it is unclear as to what would constitute "close proximity with the first region."
In claim 1, line 17, "said liquid supply applicator" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as the liquid applicator.
In claim 1, line 18, "the output orifice" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as the orifice.
In claim 2, lines 1-2, "the surface feed blade" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as a surface of the feed blade.
In claim 2-line 2-3, claim 6-line 1, claim 7-line 1, claim 8-line 1, "the surface wave" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as the surface wave component.
In claim 3, line 1, "the inside orifice" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as an inside orifice.
In claim 3-line 2, claim 5-line 4, "the liquid supply applicator" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as the liquid applicator.
In claim 4, line 1, "the output orifice" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as an orifice of the primary gas director.
In claim 4, line 3, "the impingement surface" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as the side surface of the spray forming tip opposite said feed blade.
In claim 4, Applicants recite that the output orifice of the primary gas director is “extended” to bring the output orifice closer to the impingement surface of the spray forming head. It is unclear whether this means that primary gas director in total move? does only the output orifice move? The language as set forth is written in a process limiting manner without any structure to provide the claimed function. It is suggested that the claim be amended to recite clear structure. Clarification is necessary.
In claims 6, 7 and 8, Applicants recite that a more uniform thickness, more uniform liquid film or uniform liquid film is deemed vague and indefinite. It is unclear how to distinguish a difference uniform film from a more uniform film.
In claim 9, lines 1-2, "the extended output orifice" lacks antecedent basis. For purposes of compact prosecution, the limitation will be interpreted as an elongated output orifice.
In claim 11, line 2, "the modified feed blade surface, the modified liquid supply applicator orifice" lacks antecedent basis, when dependent to claim 4.
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.
Claims 6-8 and 11 are 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.
In claims 6-8, applicants recite functional language which describes the effect of the surface wave component on the liquid. These recitations present functional language without adding any further structure or modifying claimed structure to the apparatus of claim 1.
In claim 11, applicants recite phrase(s) which is found in claims 2 or 3 and thus not further limiting.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erickson (US 2013/0264397).
In regards to claim 1, Erickson discloses an ultrasonic spray coating system comprising:
an ultrasonic converter which converts electrical energy into mechanical energy provided as vibrations (fig. 1; para. 12);
a spray head assembly connected to the ultrasonic converter, the spray head assembly has a spray forming head with a spray forming tip which provides planar opposing side surfaces, the spray forming tip terminates at a planar atomizing surface, where one side of the side surfaces is a feed blade that is perpendicular to the atomizing surface (fig. 1-4; para. 13);
a high frequency alternating generator electrically connected to the ultrasonic converter and produces a controllable level and frequency of electrical energy at an operating frequency of the spray forming head and ultrasonic converter, where the atomizing surface is uniformly displaced in a normal direction by the vibrations and wherein a surface wave component is induced along the feed blade, the surface wave component being in a direction toward the atomizing surface (fig. 1-3; para. 14);
a liquid applicator is provided adjacent to but spaced apart from the feed blade, the liquid applicator has an output surface which provides a liquid orifice which liquid is supplied form the liquid orifice to the feed blade and is caused to flow to the atomizing surface due to the surface wave component and atomizes to a spray (fig. 1-2, 5-6; para. 15);
a controllable gas entrainment mechanism associated with the spray forming head, the gas entrainment mechanism includes a primary gas director for directing a first stream of gas at a region of the side surface of the spray forming tip opposite the feed blade at an angle less than 90o, where the first stream of gas impinges off the region and forms a fan-shaped air pattern in a direction normal to the atomizing surface for affecting and controlling said spray (fig. 1; para. 16).
In regards to claim 2, Erickson discloses the feed blade comprises channels which redirect and concentrate the surface wave component to provide a surface wave with directional components in the x, y and z planes (fig. 9).
In regards to claim 3, Erickson discloses the liquid orifice comprise a series of liquid guide channels to form a liquid flow guide (fig. 10).
In regards to claim 4, Erickson discloses the primary gas director is extended to position the air orifice closer to the spray forming tip (fig. 1; abstract).
In regards to claim 5, Erickson discloses a syringe pump which is a positive displacement pump delivers liquid to the spray forming tip at a precise flow rate independent of the associated resistance to flow created by the liquid guide channels (fig. 13; para. 48, 91).
In regards to claims 6-8, Erickson discloses the structural features of the applicant’s claims and will be capable of functioning in the same manner as stated in claims 6-8.
In regards to claim 9, Erickson discloses the air orifice enables the ultrasonically produced spray to be expanded to a greater expanded width by more than a factor of 2 (para. 19).
In regards to claims 10-11, Erickson discloses the combination of the feed blade having channels and the liquid orifice having guide channels enables a uniform spray to be produced by the spray forming tip at a substantially lower flow rate (para. 20), where the uniform spray enables uniform coating.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Binu Thomas whose telephone number is (571)270-7684. The examiner can normally be reached Monday to Thursday, 8:00AM-5:00PM.
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/Binu Thomas/Primary Examiner, Art Unit 1717