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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “latching means projection” in claims 55, 59, 64 and 71 since a “projection” gives sufficient structure and “latching means projections” in claims 72 and 82 since “projections” gives sufficient structure. In claim 67, 74, 75, 77, 81, see “quick-acting connection means” since it is further defined as “latching elements” or “latching element. In claim 71, and 82, see “quick-acting connection means” since it is further defined as “latching means projection” or “latching means projections”.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 46, 53, 54, 58, and 62-87 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.
Regarding claim 46, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 53, line 3, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 54, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 58, line 3, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 62, line 5, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 64, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 64, line 6, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 67, line 3, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 69, line 3, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 69, line 5, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 70, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 71, line 4, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 71, line 5, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 72, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 73, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 73, line 4, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 74, line 4, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 75, line 2, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 75, line 3, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 76, line 4, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 77, line 2, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 77, line 4, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 77, line 5, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 78, line 4, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 80, line 5, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 81, line 3, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 83, line 3, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 84, line 2, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 86, line 2, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 86, line 9, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 86, line 19, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
Regarding claim 87, line 2, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “in particular” should be deleted from the claim.
Regarding claim 87, line 12, the word “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The word “preferably” should be deleted from the claim.
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.
Claim(s) 45-54, 56, 58, 60-63, 65, 67, 70, 74-76, 78, 79, and 83-86 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2012/119578A1.
As to claim 45, WO2012/119578A1 discloses a paint gun (100) comprising a material nozzle (106A) for dispensing a coating material along a material dispensing direction (10) and comprising a material needle (109) for controlling the quantity of dispensed coating material via the material nozzle (106A), wherein the material needle (109, 112) is axially movably mounted in a channel (107) that extends in an axial direction (125), wherein the material needle (109, 112) comprises a front needle (109) and a rear needle (112), wherein the front needle (109) and the rear needle (112) can be releasably connected together via a releasable connection (116, see paragraph [0042]) in the form of a quick-acting connection (paragraph [0042]), and the front needle (109) can be removed in the material dispensing direction in a maintenance mode of the paint gun (100), wherein the material needle (109, 112) in a region of the front needle (109) which in an operating state of the paint gun (100) arranged in a material-carrying region of the surrounding channel ( 107), and/or in the region of the connection (116) between the front needle (109) and the rear needle (112), has at least one contact surface (127, 128, 129), which in the operating state of the paint spray gun rests against a wall (107) of the surrounding channel (107), wherein the contact surface (127, 128, 129) and the channel (107) form a sliding bearing.
Claim 46: see figures 1, 2 and 6-10;
Claim 47: see figure 10;
Claim 48: see figure 8;
Claim 49: see figures 1, 2 and 6-10.
Claim 50: see figures 1 and 2, references 127-129;
Claim 51: see figures 1 and 2, references 127-129;
Claim 52: see figures 6-10;
Claim 53: see figures 1 and 2;
Claim 54: see figure 10.
Claim 56: see figure 2, reference 120.
Claim 58: see figure 8.
Claim 60: see paragraph [0055].
Claim 61: see figures 1 and 2.
As to claim 62, WO2012/119578A1 discloses a material needle (109, 112) for a paint gun (100), wherein the material needle (109, 112) extends along an axial direction (125) and has at least one front needle (109) and one rear needle (112) which can be releasably connected together via a releasable connection (116) together via a releasable connection in the form of a quick-acting connection (see paragraph [0042]), wherein the front needle (109) and the rear needle (112) being releasable from one another in the axial direction, wherein the material needle (109, 112), in a region of the front needle (109), which is designed for installation in a material-carrying region of a channel (107) of the paint gun, and/or in the region of the releasable connection (116) between the front needle (109) and the rear needle (112), has at least one contact surface (127-129) which is designed to contact a wall of the surrounding channel ( 107) of the paint gun ( 100) while forming a sliding bearing.
Claim 63: see figures 1 and 2.
Claim 65: see figures 8 and 10.
As to claim 67, WO2012/119578A1 discloses an interchangeable front needle (109) of a multi-part material needle (109, 112), for a paint gun ( 1), wherein the front needle (109) extends in an axial direction (125) and has quick-acting connection means (paragraph [0042]), in the form of latching elements, and which is designed to form a releasable connection (116) with a second part of the material needle (109, 112) which is releasable in an axial direction (125), wherein the front needle (109) has a substantially cylindrical main body and at least one contact surface projection (127-129) projecting in the radial direction from the main body with a radially outer contact surface; see figure 2.
Claim 70: see figures 8 and 10.
Claim 74: see figures 1, 2 and 6-10.
Claim 75: see figures 1, 2 and 6-10.
Claim 76: see paragraph [0055].
Claim 78: see reference signs 127-129, figure 2.
Claim 79: see reference signs 127-129, figure 2.
Claims 83 and 84: see paragraph [0055].
Claims 85: see paragraph [0055].
As to claim 86, WO2012/119578A1 discloses a method for exchanging a front needle (109, paragraph [0017]), as part of a material needle (3) in a paint gun, wherein the paint gun (100) is initially in an operating state in which the front needle (109) is connected to a rear needle (112) via a connection (116), wherein at least the front needle (109) is arranged in a channel (107) that extends along an axial direction (125) and has a contact surface (127) which rests against a wall of the channel (107, figure 2) in the operating state, wherein the removal of the front needle (109) comprises at least the following steps: a) removing a material nozzle component, thereby releasing the contact of the contact surface (127-129) of the front needle (109) against the wall, whereby a securing of the connection (116) between front needle (109) and rear needle (112) is released, b) gripping and removing the front needle (109) ) in the axial direction (125) and along a material dispensing direction from the channel (107), wherein the connection (116) is released and the rear needle (112) remains in the paint gun (100), c) inserting the same or another front needle (109), wherein the front needle (109) is connected to the rear needle (112) via a connection (116) and the contact surface (127-120) of the front needle (109) comes into contact with the wall of the channel (107), d) attaching the material nozzle component (109, 112), whereby the front needle (109) is centered in the material nozzle component (109, 112) by contacting the contact surface with the wall of the channel (107) and the connection (116) is secured.
Claim(s) 45, 55, 62, 66, 67, and 71-73 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20180236465A1.
As to claim 45, US20180236465A1 discloses a paint gun (1) comprising a material nozzle (20) for dispensing a coating material along a material dispensing direction (10) and comprising a material needle (7) for controlling the quantity of dispensed coating material via the material nozzle (7), wherein the material needle (7) is axially movably mounted in a channel (71) that extends in an axial direction (27), wherein the material needle (7) comprises a front needle (75) and a rear needle (76), wherein the front needle (75) and the rear needle (76) can be releasably connected together via a releasable connection in the form of a quick-acting connection (paragraph [0053]), and the front needle (75) can be removed in the material dispensing direction in a maintenance mode of the paint gun (1), wherein the material needle (7) in a region of the front needle (75) which in an operating state of the paint gun (1) arranged in a material-carrying region of the surrounding channel (71), and/or in the region of the connection (paragraph [0053]), between the front needle (75) and the rear needle (76), has at least one contact surface (40), which in the operating state of the paint spray gun rests against a wall (see Fig. 4) of the surrounding channel (71), wherein the contact surface (40) and the channel (71) form a sliding bearing, see paragraphs [0055,0056].
Claim 55: see figure 8 and projection 305 and recess 307, front needle 301a, rear needle 301b, paragraph [0066].
As to claim 62, US20180236465A1 discloses a material needle (7) for a paint gun (100), wherein the material needle (7) extends along an axial direction (27) and has at least one front needle (75) and one rear needle (76) which can be releasably connected together via a releasable connection, see paragraph [0053], together via a releasable connection in the form of a quick-acting connection (see paragraph [0053]), wherein the front needle (75) and the rear needle (76) being releasable from one another in the axial direction, wherein the material needle (7), in a region of the front needle (75), which is designed for installation in a material-carrying region of a channel (71) of the paint gun, and/or in the region of the releasable connection, see paragraph [0053], between the front needle (75) and the rear needle (76), has at least one contact surface (40) which is designed to contact a wall, see Figure 4, of the surrounding channel ( 71) of the paint gun ( 100) while forming a sliding bearing, see paragraphs [0055,0056].
Claim 66: see figures 8 and 10 and paragraphs [0066,0068].
As to claim 67, US20180236465A1 discloses an interchangeable front needle (75) of a multi-part material needle (7,75,76), for a paint gun ( 1), wherein the front needle (75) extends in an axial direction (27) and has quick-acting connection means (paragraph [0053]), in the form of latching elements, see figure 8 and projection 305 and recess 307, front needle 301a, rear needle 301b, paragraph [0066], and which is designed to form a releasable connection (paragraph [0053]) with a second part of the material needle (76) which is releasable in an axial direction (71), wherein the front needle (75) has a substantially cylindrical main body and at least one contact surface projection (16a) projecting in the radial direction from the main body with a radially outer contact surface; see figure 7.
Claims 71-72: see figures 8 and 10 and projection 305 and recess 307, front needle 301a, rear needle 301b, paragraph [0066].
Claim 73, see Fig. 10 and paragraph [0068].
Allowable Subject Matter
Claims 57 and 59 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 64, 68, 69, 77, 80-82 and 87 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huang ‘516 and Walberg ‘253 disclose paint spray guns with front needles and rear needles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur 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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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/Primary Examiner, Art Unit 3752