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 .
Status of Claims
Currently claims 1-12 are pending.
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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: heating element in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification (page 3 lines 30 through page 4 line 5 discloses the use of a heated hose and also a preheater) as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-12 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 1 recites the limitation “a user” in line 8, this appears to be double inclusion as “a user” was already given sufficient antecedent basis in line 7.
Claim 4 recites the limitation "the spray gun" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “a second component line” in line 3, this is double inclusion as the second component line is already claimed in line 2.
Claim 12 recites the limitation "the at least two temperature sensing elements" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 has a first component temperature sensor and a second component temperature sensor, but does not disclose them as being “two temperature sensing elements” and is unclear if this limitation of claim 12 is referencing back to those two component temperature sensors or two different temperature sensing elements.
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donaldson (U.S. 2019/0022678).
With respect to claim 1, Donaldson discloses a system configured to spray multiple components to be mixed (paragraph 0009) and form a mixture at a target by impingement (paragraph 0009), comprising: at least one first component temperature sensor (figure 1, temperature sensor 42, paragraph 0019) and at least one second component temperature sensor (figure 1, temperature sensor 42, paragraph 0019, there being multiple sensors 42 along both flow lines from A and B to the spray gun 28); at least one first component pressure sensor (paragraph 0019, where the sensors 42 include pressure sensors) and at least one second component pressure sensor (paragraph 0019, where the sensors 42 include pressure sensors, there being 5 #42s along each flow path); at least one first component heating element (there being multiple heating elements, heating system 34 and heated conduits 30 and 32); an applicator (spray gun 28), wherein a difference in pressure between each of the multiple components is minimized by adjusting the temperature of the at least one first component (paragraph 0030); and a control system (0036) comprising an interface (paragraph 0020) configured to receive at least one temperature setpoint from a user (paragraph 0020), wherein the interface is also configured to receive at least one pressure setpoint from a user (paragraph 0020).
With respect to claim 2, Donaldson discloses the temperature setpoint corresponds to a temperature at the applicator (paragraph 0020, where the spray gun has the control system where the user inputs the desired temperature).
With respect to claim 3, Donaldson discloses the temperature setpoint corresponds to a temperature of the mixture of the multiple components (paragraphs 0020, 0023, and 0013, where the senses temperature is that at the spray gun, where the mixture occurs, further noting that the controller derives a value for the mixing at the gun)
With respect to claim 4, Donaldson discloses the pressure setpoint corresponds to a pressure at the spray gun (paragraph 0013 and abstract).
With respect to claim 5, Donaldson discloses the pressure setpoint corresponds to the pressure of each of the multiple components at the applicator (abstract, two pressure sensors on the spray gun for both first and second fluid).
With respect to claim 6, Donaldson discloses the interface requires only one temperature setpoint and only one pressure setpoint from the user (paragraph 0020).
With respect to claim 7, Donaldson discloses a first component line (32) and a second component line (30), wherein a first component line is in fluid communication with a polyol source (paragraph 0017, B including polyols), and a second component line is in fluid communication with a multi-isocyanate source or a urethane prepolymer source (paragraph 0017, where A includes isocyanates).
With respect to claim 8, Donaldson discloses a second component heating element (heating element for the heated conduit 20), wherein the first component line and first component heating element is a heated hose (32 being a heated conduit), and wherein the second component line and second component heating element is a heated hose (30 being a heated conduit), and wherein a difference in pressure between each of the multiple components is minimized by adjusting the temperature of the at least one second component (paragraph 0030).
With respect to claim 9, Donaldson discloses the mixture is a polyurethane foam (paragraphs 0002 and 0009).
With respect to claim 10, Donaldson discloses the control system is configured to raise the temperature of each heated hose to achieve a minimal difference in pressure between each of the multiple components (paragraph 0030).
With respect to claim 11, Donaldson discloses wherein the applicator is a spray gun (28 being a spray gun).
With respect to claim 12, Donaldson discloses the at least two temperature sensing elements are selected from the group consisting of a thermal sensing element (such that it measures the temperature of fluid, paragraphs 0029 and 0031) and the measured resistance of the heating element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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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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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752