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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/4/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-3, 6, 8-9, and 11 are objected to because of the following informalities:
In Claim 1 Lines 4-5, “the coolant passage” should be revised to “the at least one coolant passage” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 2 Line 2, “the cover element” should be revised to “the at least one cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 3 Line 3, “the cover element” should be revised to “the at least one cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 6 Line 5, “the basic body entrance cooling passage” should be revised to “the entrance coolant passage of the basic body” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 6 Line 6, “the basic body exit coolant passage” should be revised to “the entrance coolant passage of the basic body” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 6 Lines 12-13, “the cover entrance coolant passage” should be revised to “the entrance coolant passage of the cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 6 Line 13, “the cover exit coolant passage” should be revised to “the exit coolant passage of the cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 8 Line 4, “the entrance cooling passage of the cover element” should be revised to “the entrance coolant passage of the cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 8 Line 6, “the exit cooling passage of the cover element” should be revised to “the exit coolant passage of the cover element” to ensure using terminology consistent with what is used elsewhere throughout the claims.
In Claim 9 Line 2, “each of the plurality of cooling channels” should be revised to “each cooling channel of the plurality of cooling channels” to ensure proper grammar.
In Claim 11 Line 2, “at least some of the plurality of cooling channels” should be revised to “at least some cooling channels of the plurality of cooling channels” to ensure proper grammar.
Appropriate correction is required.
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.
Claims 3-5 and 9-14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 is indefinite because Lines 3-5 state “wherein the cover includes a fluid-receiving compartment, and wherein the cover element includes a plurality of through openings in fluid communication with the fluid-receiving compartment” and there is improper antecedent basis for “the cover” in the claim. It is not clear if “the cover” is the same as the cover element or if it is something else. For the purpose of examination, Claim 3 Lines 3-5 will be interpreted to state “wherein the cover element includes a fluid-receiving compartment and a plurality of through openings in fluid communication with the fluid-receiving compartment”.
Claims 4-5 depend from Claim 3, therefore Claims 4-5 are also rejected under 35 U.S.C. 112(b) for being indefinite since Claim 3 is indefinite.
Claim 9 is indefinite because Lines 2-3 state “wherein each of the plurality of cooling channels has a first opening at the entrance cooling passage and a second opening at the exit cooling passage” and there is improper antecedent basis for “the entrance cooling passage” and “the exit cooling passage” in the claim. It is not clear if “the entrance cooling passage” is the entrance coolant passage of the cover element, the entrance coolant passage of the basic body, or something else. Furthermore, it is not clear if “the exit cooling passage” is the exit coolant passage of the cover element, the exit coolant passage of the basic body, or something else. For the purpose of examination, Claim 9 Lines 2-3 will be interpreted to state “wherein each cooling channel of the plurality of cooling channels has a first opening at the entrance coolant passage of the cover element and a second opening at the exit coolant passage of the cover element”.
Claims 10-12 depend from Claim 9, therefore Claims 10-12 are also rejected under 35 U.S.C. 112(b) for being indefinite since Claim 9 is indefinite.
Claim 13 is indefinite because Lines 5-6 state “wherein the first sub-element is located between the second sub-element and the basic body portion” and there is improper antecedent basis for “the basic body portion” in the claim. It is not clear if “the basic body portion” is the same as “the basic body” or if it is a specific portion of the basic body. For the purpose of examination, Claim 13 Lines 5-6 will be interpreted to state “wherein the first sub-element is located between the second sub-element and the basic body”.
Claim 14 depends from Claim 13, therefore Claim 14 is also rejected under 35 U.S.C. 112(b) for being indefinite since Claim 13 is indefinite.
Claim 14 is also indefinite because Lines 2-3 state “wherein the first sub-element is configured to distribute the quenching fluid from the quenching fluid inlet uniformly in the direction of the spray holes” and there is improper antecedent basis for “the direction of the spray holes” in the claim. It is not clear if spray holes were intended to be previously recited or not, and if “the spray holes” are the same as the quenching fluid outlets or if they are something else. For the purpose of examination, Claim 14 Lines 2-3 will be interpreted to state “wherein the first sub-element is configured to distribute the quenching fluid from the quenching fluid inlet uniformly in a direction of the quenching fluid outlets”.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB-2228432-A to Betteridge (“Betteridge”).
As to Claim 1, Betteridge discloses a housing (See Figs. 7-8) for a component of an inductive hardening system (See Fig. 1 and Page 2 Paragraph 2), comprising:
a basic body (See BB in Annotated Fig. 7) having a coolant inlet (See BBCI in Annotated Fig. 7) and a coolant outlet (See BBCO in Annotated Fig. 7), and
at least one cover element connected to the basic body (See CE in Annotated Fig. 7) and having at least one coolant passage in fluidic communication with the coolant inlet and the coolant outlet (See CP in Annotated Fig. 7, which makes up a coolant flow passage at #472 that fluidly communicates with BBCI and BBCO), the coolant passage being configured to carry a coolant for actively cooling the housing (See Page 20 Paragraph 2).
As to Claim 2, in reference to the housing of Betteridge as applied to Claim 1 above, Betteridge further discloses wherein the cover element is configured to receive at least part of a sensor (See Annotated Fig. 7, the cover element CE is arranged such that it can receive at least part of some sensor in various areas, such as by putting part of a sensor in #460).
As to Claim 3, in reference to the housing of Betteridge as applied to Claim 1 above, Betteridge further discloses wherein the basic body includes a quenching fluid inlet (See QFI in Annotated Fig. 7, and See Page 8 Paragraph 1 disclosing powder in an airstream, which is equivalent to a quenching fluid),
wherein the cover includes a fluid-receiving compartment (See FRC in Annotated Fig. 7), and
wherein the cover element includes a plurality of through openings in fluid communication with the fluid-receiving compartment (See multiple openings QFO in Annotated Fig. 8 and See Page 18 Paragraph 2).
As to Claim 4, in reference to the housing of Betteridge as applied to Claim 3 above, Betteridge further discloses wherein the at least one coolant passage is fluidically separate from the quenching fluid inlet and the fluid-receiving compartment (See Annotated Fig. 7).
As to Claim 5, in reference to the housing of Betteridge as applied to Claim 3 above, Betteridge further discloses wherein the basic body and the at least one cover element are configured to form a spray head (See #42 in Fig. 1 and See Annotated Fig. 7 and See Fig. 8. BB and CE combined to form a spray head that includes #410 and #412).
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.
Claims 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Betteridge in view of US PGPUB 2003/0206820 A1 to Keicher et al. (“Keicher”).
As to Claim 6, Betteridge discloses a spray head (See #42 in Fig. 1 and See Figs. 7-8) for a quenching device of an induction hardening system (See Fig. 1 and See Page 2 Paragraph 2 disclosing induction spraying in a pipe and See Page 8 Paragraph 1 disclosing dispensing powder in an airstream, which is equivalent to a quenching fluid), comprising:
a basic body (See BB in Annotated Fig. 7) having a quenching fluid inlet (See QFI in Annotated Fig. 7 and See Page 8 Paragraph 1 disclosing dispensing powder in an airstream, which is equivalent to a quenching fluid), an entrance coolant passage (See BBCI in Annotated Fig. 7) and an exit coolant passage (See BBCO in Annotated Fig. 7),
a cover element connected to the basic body (See CE in Annotated Fig. 7) and having an entrance coolant passage in fluid communication with the basic body entrance cooling passage (See CECI in Annotated Fig. 7) and an exit coolant passage in fluid communication with the basic body exit coolant passage (See CECO in Annotated Fig. 7) and a cooling channel fluidically connecting the entrance coolant passage of the cover element to the exit coolant passage of the cover element (See CP in Annotated Fig. 7, which makes up a single flow passage at #472 and fluidly communicates CECI with CECO),
wherein the cover element includes a quenching fluid compartment in fluid communication with the quenching fluid inlet (See FRC in Annotated Fig. 7) and a plurality of through openings forming quenching fluid outlets in fluid communication with the quenching fluid compartment (See multiple openings QFO in Annotated Fig. 8 and See Page 18 Paragraph 2), and
wherein the cover element is configured to prevent a coolant in the cover entrance coolant passage and the cover exit coolant passage and the cooling channel from mixing with a quenching fluid in the quenching fluid compartment (See Annotated Fig. 7).
Regarding Claim 6, in reference to the spray head of Betteridge as applied to Claim 6 above, Betteridge does not specifically disclose the cover element comprising a plurality of cooling channels (See Annotated Fig. 7, only a single cooling channel CP at #472 is disclosed that connects #470 and #474).
However, Keicher discloses wherein a plurality of cooling channels (See #276 in Fig. 19) fluidically connect an entrance coolant passage (See #272 in Fig. 19) to an exit coolant passage (See #279 in Fig. 19) to ensure uniform cooling (See Keicher Paragraph 0177). Furthermore, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
It is noted that while Keicher is not specifically in the same field of endeavor of fluid spraying, Keicher addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically obtaining uniform cooling as disclosed in Paragraph 0177 of Keicher and Paragraph 0057 of Applicant’s Specification.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spray head of Betteridge as applied to Claim 6 above such that the cover element of Betteridge has a plurality of cooling channels by multiplying the cooling channel #472 of Betteridge since doing so would yield the predictable result of helping to ensure uniform cooling in the spray head (See Keicher Paragraph 0177).
As to Claim 7, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 6 above, Betteridge further discloses wherein the cover element is releasably connected to the basic body (See Annotated Fig. 7 showing that CE is connected to BB by bolts CB. Therefore, the cover element can be released from the basic body if bolts CB are removed).
As to Claim 8, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 6 above, Betteridge as modified by Keicher further discloses wherein the cover element includes a first side wall (See S1 in Annotated Fig. 7 of Betteridge), a second side wall parallel to the first side wall (See S2 in Annotated Fig. 7 of Betteridge), a third side wall (See S3 in Annotated Fig. 7 of Betteridge) and a fourth side wall parallel to the third side wall (See S4 in Annotated Fig. 7 of Betteridge),
wherein the entrance cooling passage of the cover element is located in the first side wall (See Annotated Fig. 7 of Betteridge, CECI passes through S1 to connect to BB),
wherein the exit cooling passage of the cover element is located in the third side wall (See Annotated Fig. 7 of Betteridge, CECO passes through S3 where it is closed by #476), and
wherein the plurality of cooling channels are located in the second side wall and/or the fourth side wall (See Annotated Fig. 7 of Betteridge, the cooling channel CP, which is multiplied when modified in view of Keicher, passes through S2 where it is closed by #476 and also passes through S4 where it is closed by #476, thus each cooling channel will pass through S2 and S4.).
As to Claim 9, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 8 above, Betteridge as modified by Keicher further discloses wherein each of the plurality of cooling channels has a first opening at the entrance cooling passage and a second opening at the exit cooling passage (See Keicher Annotated Fig. 19, each cooling channel #276 has a first opening FO at #278 and a second opening SO at #279).
As to Claim 10, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 9 above, Betteridge as modified by Keicher further discloses wherein each of the plurality of cooling channels has a textured inner surface (See CP in Annotated Fig. 7 of Betteridge and See #276 in Fig. 19 of Keicher. The cooling channels are bored such that they must have some type of surface characteristic resulting in an inner surface that is textured to some extent).
As to Claim 11, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 9 above, Betteridge as modified by Keicher further discloses wherein at least some of the plurality of cooling channels are parallel (See Keicher Fig. 19, all of the cooling channels #276 are parallel).
As to Claim 12, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 9 above, Betteridge further discloses wherein the quenching fluid outlets are arranged in a pattern (See Annotated Fig. 8, the quenching fluid outlets QFO are arranged in a circular pattern around #410).
As to Claim 13, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 6 above, Betteridge further discloses wherein the cover element includes a first sub-element (See FSE in annotated Fig. 7 which is a flange on CE) connected to a second sub-element (See SSE in Annotated Fig. 7, which is integrally attached to FSE),
wherein the quenching fluid outlets are formed in the second sub-element (See Annotated Fig. 7 and Annotated Fig. 8), and
wherein the first sub-element is located between the second sub-element and the basic body portion (See Annotated Fig. 7 showing FSE located between the second sub-element SSE and the basic body BB).
As to Claim 14, in reference to the spray head of Betteridge in view of Keicher as applied to Claim 13 above, Betteridge further discloses wherein the first sub-element is configured to distribute the quenching fluid from the quenching fluid inlet uniformly in the direction of the spray holes (See Annotated Fig. 7, the first sub-element FSE has a constant diameter at QFI such that fluid is distributed uniformly towards FRC).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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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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/KEVIN EDWARD SCHWARTZ/ Examiner, Art Unit 3752 January 15, 2026