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
Claims 2, 3, 41 and 43-46 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 July 2, 2026.
Applicant’s election without traverse of Group I, claims 1, 4-6, 13-40 and 42 in the reply filed on July 2, 2026 is acknowledged.
Claim Objections
Applicant is advised that should claim 6 be found allowable, claim 35 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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, 4-6, 13-40 and 42 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.
In claim 1, line 6, the phrase “the mixing space” lacks antecedent basis. It appears when applicant rewrote original claim 1 from the foreign priority document, DE202022101393, they inadvertently left out the limitation regarding the splitter unit being located in a mixing space. Similar language needs to be added to provide proper antecedent basis and to clearly define the invention.
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, 4, 16, 19, 24, 25, 30, 31 and 42 are rejected is under 35 U.S.C. 102(a)(1) as being anticipated by US 20170298600 A1(Rosko et al).
Rosko et al ‘600 discloses a jet regulator (10), comprising: a splitter unit 70/72, flow obstacles 28/42/46/50/62 arranged downstream of the splitter unit (72) and extend transversely to a main flow direction at 18, and a carrying structure (36) formed downstream of the splitter unit 72, the carrying structure 36 divides the mixing space 34/56 into at least two subspaces 34/56, each of the at least two subspaces 34/56 has a number of the flow obstacles 42/62, and the flow obstacles 42/62 protrude from the carrying structure 36. See paragraphs [0017-0030] and Figures 1-7.
As to claim 4, see Figures 2 and 5 and flow obstacles 42/62.
As to claim 16, see Figures 6 and front face at 46/66 following circumferential contour of the splitter unit 70/72.
As to claim 19, see Figures 5 and 6 and non-increasing cross section at 46.
As to claim 24, see perforated plate 70/71.
As to claim 25, see aeration channel 58.
As to claim 30, see flow obstacles 42/62 which are two separate groups and are lying one above the other in the main flow direction. See Figures 5 and 6.
As to claim 31, see Figures 5 and 6.
As to claim 42, see mixing space 56 open to the outside.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170298600 A1(Rosko et al).
As to claims 6 and 35, Rosko et al ‘600, disclose all the featured elements of the instant invention, except for wherein the carrying structure is molded to the splitter unit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the carrying structure is molded to the splitter unit in the apparatus of Rosko et al ‘600, since it has been held that that the use of a one piece construction(i.e. carrying structure molded to the splitter unit) instead of the structure disclosed in Rosko et al ‘600 would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) . MPEP 2144.04.V.B.
Allowable Subject Matter
Claims 5, 13-15, 17, 18, 20-23, 26-29, 32-34 and 36-40 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. Ferrari ‘337 discloses a jet regulator with a splitter unit.
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
