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 .
Election/Restrictions
Applicant’s election without traverse of Invention Group I in the reply filed on March 31, 2026 is acknowledged.
Claim 13 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 31, 2026.
Information Disclosure Statement
The IDS forms filed on June 14, 2024 and November 11, 2024 are hereby acknowledged and have been placed of record. Please find attached a signed copy of the aforementioned IDS forms.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference number “204” (see Fig. 3) is not found in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 11 is objected to because of the following informalities:
On line 2 of claim 11, -- the-- should be inserted between “of” (second occurrence) and “swirl”.
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 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.
Regarding claim 1, on line 2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8, on lines 3-4, the recitation, “which is extends axially from the central cavity into the central internal duct” is awkwardly worded, and is thus unclear.
Regarding claim 10, on line 2-3, the recitation, “an axial depth which is 3 to 10 times greater, and advantageously 5 to 10 times greater, than that of the central cavity” is indefinite. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, the claim recites the broad recitation “3 to 10 times greater...”, and the claim also recites “5 to 10 times greater...” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claim.
Regarding claim 11, on line 2, the recitation, “around half of the axial depth...” is unclear, because the public cannot clearly be put on notice as to what would or would not infringe on “around half...”
Regarding claim 12, on line 2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 1-6 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toma et al., US Patent Application Publication No. 2015/0329271.
As to claim 1, Toma shows and describes two embodiments (1st embodiment - see Figs. 1-4; 2nd embodiment - see Figs. 5A-8B) of a spraying head for association with a dispensing member (50), the spraying head comprising: a head body (13) forming a housing having an axis (O) defining an insertion opening (defined at lowermost end of 13) and a substantially flat internal wall (upper, planar wall defined on the interior of 13) through which a central spraying opening (1a) extends; a spray nozzle (30 of 1st embodiment; 40 of 2nd embodiment), substantially tubular in shape, axially engaged in the housing of the head body via the insertion opening, the spray nozzle comprising an inlet (defined at lowermost end of 30 of 1st embodiment; defined at lowermost end of 40 of 2nd embodiment) that opens into a central internal duct (31 of 1st embodiment; 41a and 41b of 2nd embodiment) and an external wall (uppermost wall surface of 30 of 1st embodiment - see Fig. 4; uppermost wall surface of 40 of 2nd embodiment - see Fig. 7) defining a central cavity (36 of 1st embodiment; 46 of 2nd embodiment) centered on the central spraying opening and a plurality of swirl channels (33, 35 of 1st embodiment; 47, 45 of 2nd embodiment) that open tangentially into the central cavity and communicate with the central internal duct (see Figs. 4 and 7), wherein the swirl channels extend axially beneath the central cavity as far as the central internal duct, so as to be in direction communication therewith (see Figs. 2B-4, and see Figs. 6 and 7).
As to claim 2, Toma shows the spraying head according to claim 1, and wherein the swirl channels extend partially into the axial extension of the central internal duct, so as to define axial fluid passages, which extend from the central internal duct as far as the external wall (see again, Figs. 4 and 7).
As to claim 3, Toma shows the spraying head according to claim 1, and wherein the swirl channels comprise outlets (where each 35 meets 36 of 1st embodiment; where each 45 meets 46 of 2nd embodiment) in the central cavity which communicate axially with the central internal duct (via 33 of 1st embodiment; via 47 of 2nd embodiment).
As to claim 4, Toma shows the spraying head according to claim 1, and wherein the central internal duct comprises a frustoconical portion (41b of 2nd embodiment; see Figs. 6 and 7), the swirl channels communicating directly with this frustoconical portion through windows (42) which are inclined with respect to the axis (see Fig. 6).
As to claim 5, Toma shows the spraying head according to claim 4, and wherein the central cavity is separated axially from the windows by a stopper (solid portion of 40, as shown between 41b and 46 in Fig. 6) located axially downstream from the central internal duct.
As to claim 6, Toma shows the spraying head according to claim 1, and wherein the swirl channels each comprise main walls (walls which define each of channel 33, 35 of 1st embodiment) which extend from the external wall as far as a bottom which is located axially at the central internal duct (see Fig. 4) and which communicates with the central internal duct through a window (32; see again, Fig. 4), the two main walls forming an angle between them by moving radially closer towards the central cavity (see again, Fig. 4).
As to claim 10, as well as the metes and bounds of the claim can be understood (see paragraph 8, above), Toma shows the spraying head according to claim 1, and wherein the swirl channels have an axial depth which appears to be within the range of 3 to 10 times greater than that of the central cavity (see Figs. 2B-4 of 1st embodiment; see Figs. 6 and 7 of 2nd embodiment).
As to claim 11, as well as the metes and bounds of the claim can be understood (see paragraph 8, above), Toma shows the spraying head according to claim 4, and wherein the windows (42) have an axial height which appears to be approximately half of the axial depth of swirl channels (see Figs. 6 and 7).
As to claim 12, Toma shows a fluid product dispenser comprising a dispensing member (50), the dispensing member comprising at least one of a pump and a valve, mounted on a fluid product reservoir (1 of 1st embodiment; 2 of 2nd embodiment), and a spraying head, according to.
Claims 1-3, 6-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Focht, USPN 3,669,359.
As to claim 1, Focht (see Figs. 1-6) shows and describes a spraying head for association with a dispensing member (1, 5), the spraying head comprising: a head body (26) forming a housing having an axis (central, longitudinal axis through 26) defining an insertion opening (28) and a substantially flat internal wall (upper, planar wall defined on the interior of 26) through which a central spraying opening (32) extends; a spray nozzle (10), substantially tubular in shape, axially engaged in the housing of the head body via the insertion opening, the spray nozzle comprising an inlet (defined at lowermost end of 10) that opens into a central internal duct (12) and an external wall (uppermost wall surface of portion 14 of element 10) defining a central cavity (36) centered on the central spraying opening and a plurality of swirl channels (20, 22) that open tangentially into the central cavity and communicate with the central internal duct (see Figs. 2, 3 and 6), wherein the swirl channels extend axially beneath the central cavity as far as the central internal duct, so as to be in direction communication therewith (see Figs. 2-6).
As to claim 2, Focht shows the spraying head according to claim 1, and wherein the swirl channels extend partially into the axial extension of the central internal duct, so as to define axial fluid passages, which extend from the central internal duct as far as the external wall (see Fig. 2).
As to claim 3, Focht shows the spraying head according to claim 1, and wherein the swirl channels comprise outlets (where each of 20 and 22 meets 36) in the central cavity which communicate axially with the central internal duct (see again, Figs. 2-6).
As to claim 6, Focht shows the spraying head according to claim 1, and wherein the swirl channels each comprise main walls (walls which define each of channels 20 and 22) which extend from the external wall as far as a bottom which is located axially at the central internal duct (see Figs. 2 and 3) and which communicates with the central internal duct through a window (16 and 18, respectively), the two main walls forming an angle between them by moving radially closer towards the central cavity (see Figs. 2 and 6).
As to claim 7, Focht shows the spraying head according to claim 1, and wherein the swirl channels each comprise main walls (the walls which define the axial extension portion of the swirl channels along the upper end region of 10; see Fig. 2) forming an angle between them by moving radially closer towards the central cavity (see again, Fig. 2), the main walls extending axially from the external wall into the central internal duct at the point where the main walls (as applied above) are closest together (see again, Fig. 2).
As to claim 8, Focht shows the spraying head according to claim 1, and wherein the swirl channels each comprise two main walls (the walls which define the axial extension portion of the swirl channels along the upper end region of 10; see Fig. 2), which are connected together by an outlet wall (the wall surfaces of the radially-outer region of portion 14; see Figs. 3-5), each of which extends axially from the central cavity into the central internal duct (see again, Figs. 3-5).
As to claim 9, Focht shows the spraying head according to claim 8, and wherein the swirl channels comprise outlets (upper end region of each of the axial extension portions of the swirl channels along the upper end region of 10; see Figs. 2 and 6) in the central cavity, which are formed in the axial extension of the outlet walls.
As to claim 10, as well as the metes and bounds of the claim can be understood (see paragraph 8, above), Focht shows the spraying head according to claim 1, and wherein the swirl channels have an axial depth which appears to be within the range of 3 to 10 times greater than that of the central cavity (see Fig. 2).
As to claim 12, Focht shows a fluid product dispenser (see Fig. 1) comprising a dispensing member (1, 5), the dispensing member comprising at least one of a pump and a valve, mounted on a fluid product reservoir (C), and a spraying head, according to claim 1, mounted on the dispensing member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publications to Greiner-Perth and Welp are cited as of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W GORMAN whose telephone number is (571)272-4901. The examiner can normally be reached Monday-Thursday 6:30-4:30.
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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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/DARREN W GORMAN/Primary Examiner, Art Unit 3752
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