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 .
Response to Amendment
The response filed on May 21, 2016 is acknowledged.
Election/Restrictions
Applicant’s election of Species I, Figs. 1-9, Shaft Portion Species I, Fig. 5 in the reply filed on January 29, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 29, 2026. The Applicant argues that claims 1-15 read on the elected Species. The Examiner respectfully disagrees. Claim 9 recites “the prevention portions have a substantially polygonal shape.” Paragraphs [0090]- [0091] discloses “FIG. 9 is a view of a cleaner nozzle 1B according to a second modification…shaft portion 22B and a hole 13B that constitute prevention portions have a substantially polygonal shape. The “substantially polygonal shape” is basically a polygonal shape…” Clearly, Fig. 9 is not an elected Species in the Applicant’s election. Independent claim 10 recites “a protruding portion protruding in a radial direction of the cylinder.” Paragraphs [0094]- [0115] discloses “the protruding portion 126” of a non-elected Species in Figs. 11-15. Clearly, Figs. 11-15 are not an elected Species in the Applicant’s election. Claims 9-15 are therefore withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species.
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.
Claim 27 is 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 27 recites the limitation "the shaft portion" in line 3. There is insufficient antecedent basis for this limitation in 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) 1, 2, 4-8 and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ringler et al. (DE102018220582. Ringler hereinafter).
With respect to claim 1, Ringler discloses a cleaner nozzle (Figs. 1-12) comprising:
a cylinder (2, 9) extending in an axial direction (A); and
a piston (3) having an ejection port (5) and being displaceable in the axial direction in the cylinder, wherein
the piston and the cylinder are provided with respective prevention portions (7-7’’’, 8-8’’’ and 25) that prevent relative displacement of the cylinder and the piston about an axis by coming into contact with each other,
wherein the cylinder includes a cover portion (18) covering at least a part of an opening (occupied by 3), the cover portion is provided with a hole (at 25) through which the piston is inserted, and a portion (hole at 25) of the cover portion that constitutes the hole and a portion (25) of the piston that is in contact with the hole constitute the prevention portions.
With respect to claim 2, Ringler discloses the cleaner nozzle according to claim 1, wherein the prevention portions include a piston side flat surface portion in the piston (7-7’’’’. Figs. 6-9c) and a cylinder side flat surface portion in the cylinder (8-8’’’. Figs. 10-12) that faces the piston side flat surface portion.
With respect to claim 4, Ringler discloses the cleaner nozzle according to claim 2, wherein the cylinder includes a cylindrical portion (body of 2) and a cover portion (9) that is separate from the cylindrical portion and covers at least a part of an opening of the cylindrical portion (at 28), the cover portion is provided with a guide (cylindrical) portion extending to a side opposite to the ejection port, and the guide portion has a flat surface facing the piston side flat surface portion (Fig. 5).
With respect to claim 5, Ringler discloses the cleaner nozzle according to claim 2, wherein at least two cylinder side flat surface portions (left and right sides of 9 or flat surfaces of 8-8’’’) and at least two piston side flat surface portions (flat surfaces of 7-7’’’) are provided.
With respect to claim 6, Ringler discloses the cleaner nozzle according to claim 5, wherein at least two cylinder side flat surface portions (flat surfaces portions of 8-8’’’) are provided and have the axis sandwiched (by surrounding axis A) in between when viewed from the axial direction (Same as the Applicant’s configuration).
With respect to claim 7, Ringler discloses the cleaner nozzle according to claim 3, wherein the piston includes a seal portion (17) in water-tight contact with an inner wall of the cylinder (Fig. 5) and an internal flow path (24, 13, 4), the cylinder is divided into a spring accommodating chamber (encasing 19) defined between the cover portion and the seal portion and a hydraulic pressure chamber (24) that is provided on a (upstream) side opposite to the cover portion relative to the seal portion and communicates with the internal flow path, and the spring accommodating chamber is provided with a coil spring (19) therein that moves the piston away from the cover portion.
With respect to claim 8, Ringler discloses the cleaner nozzle according to claim 1, wherein the prevention portions have a flat shape (of 7-7’’’, 8-8’’’ and 25) when viewed from the axial direction of the cylinder.
With respect to claim 27, Ringler discloses the cleaner nozzle according to claim 1, wherein an inner peripheral edge of the hole (See enlarged Fig. 1b with additional annotations below) has a shape corresponding to an outer peripheral edge of the shaft portion.
Response to Arguments
Applicant's arguments filed on May 21, 2016 have been fully considered but they are not persuasive. The Applicant argues that Ringler fails to disclose the cylinder includes a cover portion because cover element 18 of Ringler is connected to the piston 3, and not a part of the cylinder (housing 2). The Examiner respectfully disagrees. First, Applicant's argument is not commensurate in scope with the claimed invention. No such limitations (cover portion is a part of the cylinder) can be found in the claimed invention. Second, the term “includes” is defined in the American Heritage Dictionary of the English Language as “2. To consider as part of ...” Therefore, even if the cover element 18 of Ringler is not connected to the cylinder, based on the above definition, cover element 18 of Ringler can still be consider as a part of the cylinder that collectively covering the piston 3. It should be noted that cover element 18 of Ringler is connected to the cylinder when fully retracted to protect the piston and provide aesthetic and/or an aerodynamic effect. Third, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004). In the instant case, the term “includes” can be properly interpreted as “encasing” or “surrounding.” (1. To contain or take in as a part, element, or member. American Heritage Dictionary of the English Language. Therefore, the cylinder 3 includes the cover portion (element) 18.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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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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/CHEE-CHONG LEE/ Primary Examiner, Art Unit 3752 June 20, 2026
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