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 § 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, 2, 5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waller (US 60,097):
Regarding claim 1, Waller discloses a device comprising at least one liquid flow member attachable to a rotary shaft, wherein the liquid flow member includes: at least one tubular suction portion (J) extending along the rotary shaft and including a suction port at a lower end thereof, and at least one ejection portion (K) extending in a direction inclined with respect to the suction portion and having one end that is in communication with an upper end of the suction portion and another end that includes an ejection port.
Regarding claim 2, the suction portion of the liquid flow member is a straight tube extending substantially in parallel with an axial direction of the rotary shaft (see Fig. 1).
Regarding claim 5, a plurality of the ejection portions all are located at the same position with respect to the rotary shaft (see Figs. 1 and 2).
Regarding claim 7, the at least one suction portion is constituted by a single tube, and the liquid dispersion device includes, as the at least one ejection portion, at least two ejection portions provided at the upper end of the suction portion (see Fig. 1).
Regarding claim 8, a treatment chamber (A) and rotary shaft (B) are disclosed.
Regarding claim 9, while cream disclosed Waller is a liquid having an oil phase and a water phase as recited, "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963).
Claims 1, 2, 5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trent (US 905,025):
Regarding claim 1, Trent discloses a device comprising at least one liquid flow member attachable to a rotary shaft, wherein the liquid flow member includes: at least one tubular suction portion (3) extending along the rotary shaft and including a suction port at a lower end thereof, and at least one ejection portion (8) extending in a direction inclined with respect to the suction portion and having one end that is in communication with an upper end of the suction portion and another end that includes an ejection port.
Regarding claim 2, the suction portion of the liquid flow member is a straight tube extending substantially in parallel with an axial direction of the rotary shaft (see Fig. 1).
Regarding claim 5, a plurality of the ejection portions all are located at the same position with respect to the rotary shaft (see Figs. 1 and 2).
Regarding claim 7, the at least one suction portion is constituted by a single tube, and the liquid dispersion device includes, as the at least one ejection portion, at least two ejection portions provided at the upper end of the suction portion (see Fig. 1).
Regarding claim 8, a treatment chamber (1) and rotary shaft (4’) are disclosed.
Regarding claim 9, "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963).
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata (US 2012/0081990):
Regarding claim 1, Murata discloses a device comprising at least one liquid flow member attachable to a rotary shaft, wherein the liquid flow member includes: at least one tubular suction portion (a vertical portion of 16) extending along the rotary shaft and including a suction port (12) at a lower end thereof, and at least one ejection portion (an inclined portion of 16) extending in a direction inclined with respect to the suction portion and having one end that is in communication with an upper end of the suction portion and another end that includes an ejection port (14).
Regarding claim 2, the suction portion of the liquid flow member is a straight tube extending substantially in parallel with an axial direction of the rotary shaft (see Figs. 1b, 5a, 6b, 6c, 9b).
Regarding claim 3, a plurality of the suction portions all are located at the same position with respect to the rotary shaft (see Figs. 1b, 5a, 6b).
Regarding claim 4, disclosed are a plurality of the suction portions, wherein the lower end of one of the suction portions and the lower end of another suction portion of the suction portions are located at different positions with respect to the rotary shaft (see Fig. 11a).
Regarding claim 5, a plurality of the ejection portions all are located at the same position with respect to the rotary shaft (Figs. 1b, 5a, 6b, 6c, 9b).
Regarding claim 6, discloses are a plurality of the ejection portions, wherein the other end of one of the ejection portions and the other end of another ejection portion of the ejection portions are located at different positions with respect to the rotary shaft (see Figs. 11a and 46b).
Regarding claim 7, the at least one suction portion is constituted by a single tube, and the liquid dispersion device includes, as the at least one ejection portion, at least two ejection portions provided at the upper end of the suction portion (see Fig. 6c).
Regarding claim 8, a treatment chamber (40) and rotary shaft (20) are disclosed.
Regarding claim 9, "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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