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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/4/2026 has been entered.
Response to Amendment
2. Amendments filed 6/4/2026 have been entered, wherein claims 1, 3-14 and 16-22 are pending. Accordingly, claims 1, 3-14 and 16-22 have been examined herein.
Claim Rejections - 35 USC § 103
3. 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.
Claims 1, 3-5, 9, 14, 16-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer.
Regarding claim 1, Ogawa teaches a waterjet system (fig. 1-3), comprising:
a high-pressure water supply device (fig. 2, 101);
a hopper configured to store abrasive (fig. 2, 81);
a mixing chamber (fig. 2, mixing chamber 13) configured to mix the abrasive from the hopper and the fluid to produce a slurry (fig. 2);
a cutting bed configured to receive a workpiece to be cut (see annotated fig. 1 below); and
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a cutting head (see annotated fig. 1 above), including an outlet nozzle (fig. 2, nozzle 15) in downstream fluid communication from the mixing chamber (fig. 2), the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece (fig. 1, [0059]),
a motion system configured to move the cutting head (fig. 1 of Ogawa).
Ogawa does not explicitly teach the high pressure water supply device includes:
a pump configured to pump fluid;
an electric motor configured to drive the pump;
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry,
a valve configured to start and stop flow of the abrasive from the hopper; and the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However Funatsu teaches an abrasive water jet processing machine including
a pump configured to pump fluid (Funatsu teaches the fluid supply device 31 supplies pressurized fluid and comprises a high pressure pump (col. 4, lines 50-52));
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry (fig. 1),
and a needle valve 41d configured to start and stop flow of the abrasive from the hopper (fig. 1, col. 9, lines 37-40).
Additionally, Ogawa teaches it is known to use an electric motor to drive a pump [0106] in order for the pump to operate as intended. Overall, Ogawa additionally teaches an electric motor configured to drive the pump [0106].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogawa to incorporate the teachings of Funatsu and the additional teachings of Ogawa to provide wherein the high pressure water supply device includes: a pump configured to pump fluid; an electric motor configured to drive the pump; a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry, and a needle valve 41d configured to start and stop flow of the abrasive from the hopper. Specifically, it would have been obvious to incorporate a pump (as taught by Funatsu) and an electric motor for driving the pump (as additionally taught by Ogawa) to act as the high-pressure water supply device 101 of Ogawa, and wherein the needle valve teachings of Funatsu is incorporated into the hopper 81 of Ogawa. Doing so would provide explicit structure for pumping the fluid which allows the device to operate as intended, wherein Ogawa does not teach what structure makes up the high-pressure water supply device. Additionally, doing so would promote longevity by having serviceable structures and not a black box. Incorporating the needle valve teachings would allow the abrasive to be selectively supplied or shut off, which prevents waste of the abrasive. Additionally, doing so would allow the supply to be increased or decreased (col. 5, lines 33-39 of Funatsu) which allows the operator to customize the slurry formula.
Ogawa, as modified, does not explicitly teach the high pressure water supply device includes:
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However, Cramer teaches a multi jet nozzle, wherein the device includes a high-pressure fluid source 24, a cutting head 26, and an abrasive source 32 (fig. 1). Cramer teaches the high-pressure fluid source and the abrasive source 32 can be supported separate from the frame 22 of the cutting head (fig. 1, [0031]). Cramer also teaches the cutting head is connected to the motion system, wherein the motion system is a three axis motion system that can move and position the cutting head along any of the three axes X-Y-Z as depicted in fig. 1 [0034]. Overall, Cramer teaches
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper (fig. 1, Cramer teaches the abrasive source (hopper) is supported separate from the frame and wherein the motion system can move the cutting head in three axes as shown in fig. 1. Therefore, Cramer teaches the motion system configured to move the cutting head relative to the hopper);
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction (fig. 1 of Cramer, X and Y axes, wherein Cramer teaches the abrasive source (hopper) is supported separate from the frame);
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head (fig. 1 of Cramer, [0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Cramer to provide
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
Specifically, it would have been obvious to incorporate wherein the hopper of Ogawa is supported separate from the frame (as taught by Cramer), and wherein the motion system of Ogawa is configured to move the cutting head in three axes (as taught by Cramer). Incorporating wherein the hopper of Ogawa is supported separate from the frame would have been a simple substitution (MPEP 2143) of one known hopper configuration for another known hopper configuration to obtain the predictable results of providing a hopper for supplying abrasive media. Additionally, doing so would promote easier maintenance, cleaning and accessibility of the hopper due to the separately mounted structure. Incorporating wherein the motion system is configured to move the cutting head in three axes would provide increased utility of the cutting head and allow it to adapt to different sized workpieces. Additionally, doing so would allow the device to function as intended, wherein Ogawa does not explicitly teach the head can move in three axes.
Regarding claim 3, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Ogawa, as modified, teaches wherein the hopper and the mixing chamber are in fluid communication via an abrasive line (fig. 2 of Ogawa, line 87a), the abrasive line being in fluid communication with the mixing chamber (fig. 2 of Ogawa);
wherein the hopper is open to ambient (fig. 2 of Ogawa, wherein hopper 81 is open at the top);
wherein the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve (fig. 2 of Ogawa, wherein the abrasive line is open to ambient and the pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve (as incorporated from Funatsu) is reduced).
Regarding claim 4, Ogawa, as modified, teaches the claimed invention as rejected above in claim 3. Additionally, Ogawa, as modified, teaches wherein the abrasive flows from the hopper and into the cutting head due to gravitational force and/or a suction force created in the mixing chamber [0072 of Ogawa].
Regarding claim 5, Ogawa, as modified, teaches the claimed invention as rejected above in claim 3. Additionally, Ogawa, as modified, teaches wherein a negative pressure from the mixing chamber draws abrasive toward the mixing chamber [0072 of Ogawa].
Regarding claim 9, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Ogawa, as modified, teaches further comprising an abrasive collection system including a tank (fig. 5 of Ogawa, tank 2) configured to receive the slurry expelled from the cutting head (fig. 5 of Ogawa), the tank having one or more suction ports configured to suction the slurry from the tank (fig. 5, abrasive material recovery device 9 with suction port at end of 91, [0104] of Ogawa).
Regarding claim 14, Ogawa teaches A method of cutting with a waterjet system (fig. 1-3), comprising:
providing the waterjet system, including:
a high-pressure water supply device (fig. 2, 101);
a hopper configured to store abrasive (fig. 2, 81);
a mixing chamber (fig. 2, mixing chamber 13) configured to mix abrasive from the hopper and the fluid to produce a slurry (fig. 2);
a cutting bed configured to receive a workpiece to be cut (see annotated fig. 1 below); and
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a cutting head (see annotated fig. 1 above), including an outlet nozzle (fig. 2, nozzle 15), in downstream fluid communication from the mixing chamber (fig. 2), the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece (fig. 1, [0059]);
placing the workpiece on the cutting bed (fig. 1); and
cutting the workpiece with the slurry [0117],
wherein the waterjet system further comprises:
a motion system configured to move the cutting head (fig. 1 of Ogawa).
Ogawa does not explicitly teach the high pressure water supply device includes:
a pump configured to pump fluid;
an electric motor configured to drive the pump;
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry,
a valve configured to start and stop flow of the abrasive from the hopper; and the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However Funatsu teaches an abrasive water jet processing machine including
a pump configured to pump fluid (Funatsu teaches the fluid supply device 31 supplies pressurized fluid and comprises a high pressure pump (col. 4, lines 50-52));
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry (fig. 1),
a needle valve 41d configured to start and stop flow of the abrasive from the hopper (fig. 1, col. 9, lines 37-40).
Additionally, Ogawa teaches it is known to use an electric motor to drive a pump [0106] in order for the pump to operate as intended. Overall, Ogawa additionally teaches an electric motor configured to drive the pump [0106].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogawa to incorporate the teachings of Funatsu and the additional teachings of Ogawa to provide wherein the high pressure water supply device includes: a pump configured to pump fluid; an electric motor configured to drive the pump; a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry, and a needle valve 41d configured to start and stop flow of the abrasive from the hopper. Specifically, it would have been obvious to incorporate a pump (as taught by Funatsu) and an electric motor for driving the pump (as additionally taught by Ogawa) to act as the high-pressure water supply device 101 of Ogawa, wherein the needle valve teachings of Funatsu are incorporated to start and stop flow of the abrasive from the hopper. Doing so would provide explicit structure for pumping the fluid which allows the device to operate as intended, wherein Ogawa does not teach what structure makes up the high-pressure water supply device. Additionally, doing so would promote longevity by having serviceable structures and not a black box. Incorporating the needle valve teachings of Funatsu would allow the abrasive to be selectively supplied or shut off, which prevents waste of the abrasive. Additionally, doing so would allow the supply to be increased or decreased (col. 5, lines 33-39 of Funatsu) which allows the operator to customize the slurry formula.
Ogawa, as modified, does not explicitly teach the high pressure water supply device includes:
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However, Cramer teaches a multi jet nozzle, wherein the device includes a high-pressure fluid source 24, a cutting head 26, and an abrasive source 32 (fig. 1). Cramer teaches the high-pressure fluid source and the abrasive source 32 can be supported separate from the frame 22 of the cutting head (fig. 1, [0031]). Cramer also teaches the cutting head is connected to the motion system, wherein the motion system is a three axis motion system that can move and position the cutting head along any of the three axes X-Y-Z as depicted in fig. 1 [0034]. Overall, Cramer teaches
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper (fig. 1, Cramer teaches the abrasive source (hopper) is supported separate from the frame and wherein the motion system can move the cutting head in three axes as shown in fig. 1. Therefore, Cramer teaches the motion system configured to move the cutting head relative to the hopper);
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction (fig. 1 of Cramer, X and Y axes, wherein Cramer teaches the abrasive source (hopper) is supported separate from the frame);
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head (fig. 1 of Cramer, [0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Cramer to provide
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
Specifically, it would have been obvious to incorporate wherein the hopper of Ogawa is supported separate from the frame (as taught by Cramer), and wherein the motion system of Ogawa is configured to move the cutting head in three axes (as taught by Cramer). Incorporating wherein the hopper of Ogawa is supported separate from the frame would have been a simple substitution (MPEP 2143) of one known hopper configuration for another known hopper configuration to obtain the predictable results of providing a hopper for supplying abrasive media. Additionally, doing so would promote easier maintenance, cleaning and accessibility of the hopper due to the separately mounted structure. Incorporating wherein the motion system is configured to move the cutting head in three axes would provide increased utility of the cutting head and allow it to adapt to different sized workpieces. Additionally, doing so would allow the device to function as intended, wherein Ogawa does not explicitly teach the head can move in three axes.
Regarding claim 16, Ogawa, as modified, teaches the claimed invention as rejected above in claim 14. Additionally, Ogawa, as modified, teaches wherein the hopper and the mixing chamber are in fluid communication via an abrasive line (fig. 2 of Ogawa, line 87a), the abrasive line being in fluid communication with the mixing chamber (fig. 2 of Ogawa);
wherein the hopper is open to ambient (fig. 2 of Ogawa, wherein hopper 81 is open at the top);
wherein the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and an output of the valve (fig. 2 of Ogawa, wherein the abrasive line is open to ambient and the pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve (as incorporated from Funatsu) is reduced).
Regarding claim 17, Ogawa, as modified, teaches the claimed invention as rejected above in claim 16. Additionally, Ogawa, as modified, teaches wherein a negative pressure from the mixing chamber draws abrasive toward the mixing chamber [0072 of Ogawa].
Regarding claim 19, Ogawa, as modified, teaches the claimed invention as rejected above in claim 17. Additionally, Ogawa, as modified, teaches wherein the waterjet system further comprises an abrasive collection system including a tank (fig. 5 of Ogawa, tank 2) configured to receive the slurry expelled from the cutting head (fig. 5 of Ogawa), the tank having one or more suction ports configured to suction the slurry from the tank (fig. 5, abrasive material recovery device 9 with suction port at end of 91, [0104] of Ogawa).
Regarding claim 20, Ogawa, as modified, teaches the claimed invention as rejected above in claim 14. Additionally, Ogawa, as modified, teaches wherein the waterjet system further comprises an abrasive collection system including a tank (fig. 5 of Ogawa, tank 2) configured to receive the slurry expelled from the cutting head (fig. 5 of Ogawa), the tank having one or more suction ports configured to suction the slurry from the tank (fig. 5, abrasive material recovery device 9 with suction port at end of 91, [0104] of Ogawa).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, as applied to claims 1 and 3 above, and further in view of Miller et al. (US Patent 8622784), hereinafter Miller.
Regarding claim 6, Ogawa, as modified, teaches the claimed invention as rejected above in claim 3.
Additionally, Ogawa, as modified, teaches a pressure range of 200 to 400 Mpa [0045 of Ogawa].
Ogawa, as modified, does not explicitly teach wherein pressure of the fluid from the pump is between 2000psi and 8000psi.
However, Miller teaches a water jet which delivers jetted fluid in the range of 5,000 psi to 55,000 psi (col. 2, lines 64-65).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Miller to provide wherein pressure of the fluid from the pump is between 5000 psi and 55000 psi. Specifically, it would have been obvious to modify Ogawa, as modified, to include wherein the pressure range is 5000 psi to 55000 psi. Doing so would have been a simple substitution (MPEP 2143) of one known pressure range for another known pressure range to obtain the predictable results of providing pressurized fluid/slurry to cut and process the workpiece.
Ogawa, as modified, teaches a range of 5,000 psi to 55,000 psi (see above combination).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure of Ogawa, as modified, from between 5000 and 55000 psi to between 2000 and 8000 psi as applicant appears to have placed no criticality on the claimed range (see pp. [0042] indicating the range may be 2000-5000 or 2000-8000 in order to have “minimal” leakage) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, as applied to claim 1 and 14 and 16-17 above, and further in view of Kondoh (US PGPUB 20150266156).
Regarding claim 7, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Ogawa, as modified, does not explicitly teach wherein the pump, the electric motor, the hopper, the mixing chamber, the cutting bed, and the cutting head are enclosed within a common enclosure.
However, Kondoh teaches a machining device wherein the entire workspace and all of the components are enclosed by a common enclosure (fig. 1, cover 6) which makes it possible to keep a working atmosphere clean as well as to achieve a prevention of scattering of fluids, protection from dust, sound insulation and improvement in appearance [0039].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Kondoh to provide a common enclosure for enclosing the entire workspace and all of the components. Specifically, it would have been obvious to incorporate the enclosure of Kondoh around the device of Ogawa, as modified. Doing so would keep a working atmosphere clean as well as achieve a prevention of scattering of fluids, protection from dust, sound insulation and improvement in appearance [0039 of Kondoh].
In summary, Ogawa, as modified, teaches wherein the pump, the electric motor, the hopper, the mixing chamber, the cutting bed, and the cutting head are enclosed within a common enclosure (via the all-encompassing common enclosure incorporated from Kondoh).
Regarding claim 18, Ogawa, as modified, teaches the claimed invention as rejected above in claim 17. Ogawa, as modified, does not explicitly teach wherein the pump, the electric motor, the hopper, the mixing chamber, the cutting bed, and the cutting head are enclosed within a common enclosure.
However, Kondoh teaches a machining device wherein the entire workspace and all of the components are enclosed by a common enclosure (fig. 1, cover 6) which makes it possible to keep a working atmosphere clean as well as to achieve a prevention of scattering of fluids, protection from dust, sound insulation and improvement in appearance [0039].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Kondoh to provide a common enclosure for enclosing the entire workspace and all of the components. Specifically, it would have been obvious to incorporate the enclosure of Kondoh around the device of Ogawa, as modified. Doing so would keep a working atmosphere clean as well as achieve a prevention of scattering of fluids, protection from dust, sound insulation and improvement in appearance [0039 of Kondoh].
In summary, Ogawa, as modified, teaches wherein the pump, the electric motor, the hopper, the mixing chamber, the cutting bed, and the cutting head are enclosed within a common enclosure (via the all-encompassing common enclosure incorporated from Kondoh).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, and further in view of Kondoh (US PGPUB 20150266156), as applied to claim 7 above, and further in view of Miller et al. (US Patent 8622784), hereinafter Miller.
Regarding claim 8, Ogawa, as modified, teaches the claimed invention as rejected above in claim 7.
Additionally, Ogawa, as modified, teaches a pressure range of 200 to 400 Mpa [0045 of Ogawa].
Ogawa, as modified, does not explicitly teach wherein pressure of the fluid from the pump is between 2000psi and 8000psi.
However, Miller teaches a water jet which delivers jetted fluid in the range of 5,000 psi to 55,000 psi (col. 2, lines 64-65).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Miller to provide wherein pressure of the fluid from the pump is between 5000 psi and 55000 psi. Specifically, it would have been obvious to modify Ogawa, as modified, to include wherein the pressure range is 5000 psi to 55000 psi. Doing so would have been a simple substitution (MPEP 2143) of one known pressure range for another known pressure range to obtain the predictable results of providing pressurized fluid/slurry to cut and process the workpiece.
Ogawa, as modified, teaches a range of 5,000 psi to 55,000 psi (see above combination).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure of Ogawa, as modified, from between 5000 and 55000 psi to between 2000 and 8000 psi as applicant appears to have placed no criticality on the claimed range (see pp. [0042] indicating the range may be 2000-5000 or 2000-8000 in order to have “minimal” leakage) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, as applied to claims 1 and 9 above, and further in view of Quirke (US Patent 6676486).
Regarding claim 10, Ogawa, as modified, teaches the claimed invention as rejected above in claim 9. Additionally, Ogawa, as modified, teaches the abrasive material recovery device 9 with suction port at end of 91 ([0104] of Ogawa, fig. 5 of Ogawa), wherein the suction port is created via a suction pump P2 (fig. 5 of Ogawa, [0104]).
Ogawa, as modified, does not explicitly teach further comprising one or more venturi fittings configured to generate a suction force for suctioning the slurry through the one or more suction ports in the tank.
However, Quirke teaches a water jet system and also teaches a venturi vacuum as a form of a pump (col. 7, lines 53-55).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Quirke to provide further comprising one or more venturi fittings configured to generate a suction force for suctioning the slurry through the one or more suction ports in the tank. Specifically, it would have been obvious to incorporate a venturi vacuum for the pump P2 of Ogawa, wherein the venturi vacuum is a venturi fitting configured to generate a suction force for suctioning the slurry through the one or more suction ports in the tank. Doing so would have been a simple substitution (MPEP 2143) of one known pumping means for another known pumping means to obtain the predictable results of creating a suction force to suction the slurry.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, as applied to claim 1 above, and further in view of Westerheide (US Patent 2765588).
Regarding claim 11, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Ogawa, as modified, teaches an electric motor (see above rejection of claim 1) for driving the pump.
Ogawa, as modified, does not explicitly teach wherein the electric motor does not have a variable frequency drive mechanism.
However, Westerheide teaches an electric motor which is a constant speed electric motor that functions as a constant speed prime mover (col. 2, line 29-31). Overall, Westerheide teaches wherein the electric motor does not have a variable frequency drive mechanism (rather, the motor of Westerheide is a constant speed electric motor).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Westerheide to provide wherein the electric motor does not have a variable frequency drive mechanism. Specifically, it would have been obvious to substitute the constant speed electric motor of Westerheide for the electric motor of Ogawa, as modified. Doing so would have been a simple substitution (MPEP 2143) of one known electric motor for another known electric motor in order to obtain the predictable results of providing a motor to drive the pump of Ogawa, as modified.
Regarding claim 13, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Ogawa, as modified, does not explicitly teach wherein the electric motor does not include a variable frequency drive mechanism and operates at a fixed rate.
However, Westerheide teaches an electric motor which is a constant speed electric motor that functions as a constant speed prime mover (col. 2, line 29-31).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Westerheide to provide wherein the electric motor does not include a variable frequency drive mechanism and operates at a fixed rate. Specifically, it would have been obvious to substitute the constant speed electric motor of Westerheide for the electric motor of Ogawa, as modified. Doing so would have been a simple substitution (MPEP 2143) of one known electric motor for another known electric motor in order to obtain the predictable results of providing a motor to drive the pump of Ogawa, as modified.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, and further in view of Westerheide (US Patent 2765588), as applied to claim 11 above, and further in view of Miller et al. (US Patent 8622784), hereinafter Miller.
Regarding claim 12, Ogawa, as modified, teaches the claimed invention as rejected above in claim 11.
Additionally, Ogawa, as modified, teaches a pressure range of 200 to 400 Mpa [0045 of Ogawa].
Ogawa, as modified, does not explicitly teach wherein pressure of the fluid from the pump is between 2000psi and 8000psi.
However, Miller teaches a water jet which delivers jetted fluid in the range of 5,000 psi to 55,000 psi (col. 2, lines 64-65).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Miller to provide wherein pressure of the fluid from the pump is between 5000 psi and 55000 psi. Specifically, it would have been obvious to modify Ogawa, as modified, to include wherein the pressure range is 5000 psi to 55000 psi. Doing so would have been a simple substitution (MPEP 2143) of one known pressure range for another known pressure range to obtain the predictable results of providing pressurized fluid/slurry to cut and process the workpiece.
Ogawa, as modified, teaches a range of 5,000 psi to 55,000 psi (see above combination).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure of Ogawa, as modified, from between 5000 and 55000 psi to between 2000 and 8000 psi as applicant appears to have placed no criticality on the claimed range (see pp. [0042] indicating the range may be 2000-5000 or 2000-8000 in order to have “minimal” leakage) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, in view of Funatsu et al. (US Patent 8342912), hereinafter Funatsu, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer, as applied to claim 1 above, and further in view of Reilley (US PGPUB 20140238520).
Regarding claim 21, Ogawa, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Ogawa, as modified, teaches
wherein the hopper and the mixing chamber are in fluid communication via an abrasive line (fig. 2 of Ogawa, line 87a), the hopper is open to ambient (fig. 2 of Ogawa, wherein hopper 81 is open at the top); and the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve (fig. 2 of Ogawa, wherein the abrasive line is open to ambient and the pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve (as incorporated from Funatsu) is reduced).
Ogawa, as modified, additionally teaches the hopper is mounted separately (see above rejection of claim 1 for more details) but does not explicitly teach what structure mounts the hopper separately.
That is, Ogawa, as modified, does not explicitly teach wherein the hopper is attached to a frame of the waterjet system at a location that is at or below the cutting head or the mixing chamber.
However, Reilley teaches a particulate media conveying system, wherein the system includes a blast chamber 310 and a separately mounted hopper 322 (fig. 6, [0045]). Reilley also teaches the separately mounted hopper is mounted on a frame (fig. 6, and detailed view in fig. 1 of frame 168, wherein Reilley teaches conveying tank 328 and hopper 320 operatore similar to system 100 [0044]). Overall, Reilley teaches it is known to mount a separately placed hopper via a frame.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Reilley to provide wherein the separately mounted hopper of Ogawa, as modified, is mounted via a frame (as taught by Reilley’s figs. 1 and 6). Doing so would mount the hopper to allow it to function as intended. Additionally, doing so would promote improved ergonomics of the operator when interacting with the frame. Doing so would also promote cleanliness and organization.
In summary, Ogawa, as modified, teaches wherein the hopper (of Ogawa, as modified) is attached to a frame (as incorporated from Reilley) of the waterjet system at a location (the hopper is attached “at a location”) that is at (The term “at” does not require any specific spatial or structural relationship. Therefore, the hopper is attached to the frame at a location “at” the cutting head and mixing chamber of Ogawa, as modified) or below (the prior art is not required to teach the term “below” because the language recites the term “or”) the cutting head or the mixing chamber (As previously noted, the term “at” does not require any specific spatial or structural relationship. Therefore, the hopper is attached to the frame (as incorporated from Reilley) of the waterjet system at a location “at” the cutting head (of Ogawa, as modified) and the mixing chamber (of Ogawa, as modified)).
Regarding claim 22, Ogawa teaches a waterjet system (fig. 1-3), comprising:
a high-pressure water supply device (fig. 2, 101);
a hopper configured to store abrasive (fig. 2, 81);
a mixing chamber (fig. 2, mixing chamber 13) configured to mix the abrasive from the hopper and the fluid to produce a slurry (fig. 2);
a cutting bed configured to receive a workpiece to be cut (see annotated fig. 1 below); and
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a cutting head (see annotated fig. 1 above), including an outlet nozzle (fig. 2, nozzle 15) in downstream fluid communication from the mixing chamber (fig. 2), the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece (fig. 1, [0059]),
a motion system configured to move the cutting head (fig. 1 of Ogawa);
wherein the hopper and the mixing chamber are in fluid communication via an abrasive line (fig. 2 of Ogawa, line 87a), the hopper is open to ambient (fig. 2 of Ogawa, wherein hopper 81 is open at the top); and the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the hopper (fig. 2 of Ogawa, wherein the abrasive line is open to ambient and the pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the hopper is reduced).
Ogawa does not explicitly teach the high pressure water supply device includes:
a pump configured to pump fluid;
an electric motor configured to drive the pump;
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry,
a valve configured to start and stop flow of the abrasive from the hopper; and
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve;
wherein the hopper is attached to a frame of the waterjet system at a location that is at or below the cutting head or the mixing chamber.
However Funatsu teaches an abrasive water jet processing machine including
a pump configured to pump fluid (Funatsu teaches the fluid supply device 31 supplies pressurized fluid and comprises a high pressure pump (col. 4, lines 50-52));
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry (fig. 1),
and a needle valve 41d configured to start and stop flow of the abrasive from the hopper (fig. 1, col. 9, lines 37-40).
Additionally, Ogawa teaches it is known to use an electric motor to drive a pump [0106] in order for the pump to operate as intended. Overall, Ogawa additionally teaches an electric motor configured to drive the pump [0106].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ogawa to incorporate the teachings of Funatsu and the additional teachings of Ogawa to provide wherein the high pressure water supply device includes: a pump configured to pump fluid; an electric motor configured to drive the pump; a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry, and a needle valve 41d configured to start and stop flow of the abrasive from the hopper, the abrasive line is open to the ambient so as to reduce pressure differential between the abrasive at an upper portion of the hopper and the abrasive at an output of the valve. Specifically, it would have been obvious to incorporate a pump (as taught by Funatsu) and an electric motor for driving the pump (as additionally taught by Ogawa) to act as the high-pressure water supply device 101 of Ogawa, and wherein the needle valve teachings of Funatsu is incorporated into the hopper 81 of Ogawa. Doing so would provide explicit structure for pumping the fluid which allows the device to operate as intended, wherein Ogawa does not teach what structure makes up the high-pressure water supply device. Additionally, doing so would promote longevity by having serviceable structures and not a black box. Incorporating the needle valve teachings would allow the abrasive to be selectively supplied or shut off, which prevents waste of the abrasive. Additionally, doing so would allow the supply to be increased or decreased (col. 5, lines 33-39 of Funatsu) which allows the operator to customize the slurry formula.
Ogawa, as modified, does not explicitly teach the high pressure water supply device includes:
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper;
wherein the hopper is attached to a frame of the waterjet system at a location that is at or below the cutting head or the mixing chamber.
However, Cramer teaches a multi jet nozzle, wherein the device includes a high-pressure fluid source 24, a cutting head 26, and an abrasive source 32 (fig. 1). Cramer teaches the high-pressure fluid source and the abrasive source 32 can be supported separate from the frame 22 of the cutting head (fig. 1, [0031]). Cramer also teaches the cutting head is connected to the motion system, wherein the motion system is a three axis motion system that can move and position the cutting head along any of the three axes X-Y-Z as depicted in fig. 1 [0034]. Overall, Cramer teaches
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper (fig. 1, Cramer teaches the abrasive source (hopper) is supported separate from the frame and wherein the motion system can move the cutting head in three axes as shown in fig. 1. Therefore, Cramer teaches the motion system configured to move the cutting head relative to the hopper).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Cramer to provide
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper.
Specifically, it would have been obvious to incorporate wherein the hopper of Ogawa is supported separate from the frame (as taught by Cramer), and wherein the motion system of Ogawa is configured to move the cutting head in three axes (as taught by Cramer). Incorporating wherein the hopper of Ogawa is supported separate from the frame would have been a simple substitution (MPEP 2143) of one known hopper configuration for another known hopper configuration to obtain the predictable results of providing a hopper for supplying abrasive media. Additionally, doing so would promote easier maintenance, cleaning and accessibility of the hopper due to the separately mounted structure. Incorporating wherein the motion system is configured to move the cutting head in three axes would provide increased utility of the cutting head and allow it to adapt to different sized workpieces. Additionally, doing so would allow the device to function as intended, wherein Ogawa does not explicitly teach the head can move in three axes.
Although Ogawa, as modified, teaches the hopper is mounted separately, Ogawa, as modified, does not explicitly teach what structure mounts the hopper separately.
That is, Ogawa, as modified, does not explicitly teach
wherein the hopper is attached to a frame of the waterjet system at a location that is at or below the cutting head or the mixing chamber.
However, Reilley teaches a particulate media conveying system, wherein the system includes a blast chamber 310 and a separately mounted hopper 322 (fig. 6, [0045]). Reilley also teaches the separately mounted hopper is mounted on a frame (fig. 6, and detailed view in fig. 1 of frame 168, wherein Reilley teaches conveying tank 328 and hopper 320 operatore similar to system 100 [0044]). Overall, Reilley teaches it is known to mount a separately placed hopper via a frame.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Ogawa, as modified, to incorporate the teachings of Reilley to provide wherein the separately mounted hopper of Ogawa, as modified, is mounted via a frame (as taught by Reilley’s figs. 1 and 6). Doing so would mount the hopper to allow it to function as intended. Additionally, doing so would promote improved ergonomics of the operator when interacting with the frame. Doing so would also promote cleanliness and organization.
In summary, Ogawa, as modified, teaches wherein the hopper (of Ogawa, as modified) is attached to a frame (as incorporated from Reilley) of the waterjet system at a location (the hopper is attached “at a location”) that is at (The term “at” does not require any specific spatial or structural relationship. Therefore, the hopper is attached to the frame at a location “at” the cutting head and mixing chamber of Ogawa, as modified) or below (the prior art is not required to teach the term “below” because the language recites the term “or”) the cutting head or the mixing chamber (As previously noted, the term “at” does not require any specific spatial or structural relationship. Therefore, the hopper is attached to the frame (as incorporated from Reilley) of the waterjet system at a location “at” the cutting head (of Ogawa, as modified) and the mixing chamber (of Ogawa, as modified)).
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent No 12064849 in view of Ogawa et al. (US PGPUB 20140087635), hereinafter Ogawa, and further in view of Cramer et al. (US PGPUB 20120276818), hereinafter Cramer.
Instant 18/806,281
US Patent 12064849
A waterjet system, comprising:
1. A waterjet system, comprising:
a pump configured to pump fluid;
a pump configured to pump pressurized fluid;
an electric motor configured to drive the pump;
an electric motor configured to drive the pump;
a hopper configured to store abrasive;
a hopper configured to store abrasive;
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry;
a mixing chamber configured to mix abrasive from the hopper and the fluid from the pump to produce a slurry;
a cutting bed configured to receive a workpiece to be cut; and
a cutting bed configured to receive a workpiece to be cut;
a cutting head, including an outlet nozzle in downstream fluid communication from the mixing chamber, the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece;
a cutting head, including an outlet nozzle, in downstream fluid communication from the mixing chamber, the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the cutting bed;
a valve configured to start and stop flow of the abrasive from the hopper; and
a motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper.
a first valve configured to start and stop flow of the abrasive from the hopper; a motion system configured to move the cutting head relative to the cutting bed, and configured to move the cutting head relative to one or more of the following: the first valve and the hopper;
Claim 1 of US Patent 12064849 does not explicitly teach the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece;
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However, Ogawa teaches the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece (fig. 2, [0117]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified claim 1 of US Patent 12064849 to incorporate the teachings of Ogawa to provide the cutting head configured to expel the slurry through the outlet nozzle as a high-velocity jet into the workpiece. Doings so would allow the device to process the workpiece and perform as a waterjet system as intended.
Claim 1 of US Patent 12064849, as modified, does not explicitly teach
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
However, Cramer teaches a multi jet nozzle, wherein the device includes a high-pressure fluid source 24, a cutting head 26, and an abrasive source 32 (fig. 1). Cramer teaches the high-pressure fluid source and the abrasive source 32 can be supported separate from the frame 22 of the cutting head (fig. 1, [0031]). Cramer also teaches the cutting head is connected to the motion system, wherein the motion system is a three axis motion system that can move and position the cutting head along any of the three axes X-Y-Z as depicted in fig. 1 [0034]. Overall, Cramer teaches
the motion system configured to move the cutting head relative to one or more of the following: the valve and the hopper (fig. 1, Cramer teaches the abrasive source (hopper) is supported separate from the frame and wherein the motion system can move the cutting head in three axes as shown in fig. 1. Therefore, Cramer teaches the motion system configured to move the cutting head relative to the hopper);
wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction (fig. 1 of Cramer, X and Y axes, wherein Cramer teaches the abrasive source (hopper) is supported separate from the frame);
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head (fig. 1 of Cramer, [0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified claim 1 of US Patent 12064849, as modified, to incorporate the teachings of Ogawa to provide wherein the motion system is configured to translate the cutting head relative to the valve or the hopper in both an X direction and a Y direction;
wherein the X direction and the Y direction define a plane perpendicular to a Z direction, the Z direction being aligned with a direction of translation of the cutting head.
Doing so would provide the cutting head with three degrees of translation which provides increased utility by allowing the device to operate on larger workpieces.
Response to Arguments
5. Applicant's arguments filed 6/4/2026 have been fully considered but they are not persuasive.
Applicant argues the prior art fails to teach the amended language of claims 1 and 14. Applicant also argues modifying Cramer to incorporate the valve of Funatsu (or vice versa) would frustrate the purposes of either Funatsu’s needle valve and interfere with the functionality of Cramer’s remote abrasive source among other reasons. However, the current rejection does not rely on modifying Cramer to incorporate the valve of Funatsu (or vice versa). Rather, the current rejection relies on Ogawa as the primary reference. Specifically, Ogawa is the primary reference and is modified by each of Funatsu and Cramer, wherein Ogawa, as modified, continues to be capable of the intended purpose of providing a water jet system. See above rejection for more details.
Applicant argues the prior art fails to teach the newly added language of claims 21 and 22. Specifically, Applicant argues Funatsu and Cramer fail to teach the newly added language because Funatsu’s hopper is pressurized and Cramer does not lend itself to incorporating the valve of Funatsu. Applicant argues Ogawa fails to cure these deficiencies, wherein Ogawa’s hopper is mounted to and moves with the gantry and Ogawa fails to teach ambient pressure hopper arrangement (page 11 of Applicant’s remarks). Applicant also argues the references cannot be modified without altering their respective operating principles and would require impermissible hindsight reconstruction which would render the systems unsatisfactory for their intended purposes. The examiner respectfully disagrees.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Ogawa in view of Funatsu and further in view of Cramer and further in view of Reilley was relied upon to the newly added language. Neither Funatsu nor Cramer were relied upon as the primary reference. Rather, Ogawa was relied upon as the primary reference. Ogawa’s hopper location was modified via the teachings of Cramer. Ogawa’s hopper is open to ambient as shown in fig. 2 of Ogawa. A proper motivation was provided for each modification that incorporated a secondary teaching. Ogawa, as modified, would continue to operate as a waterjet system with a cutting head and mixing chamber. See above rejection for more details.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A GUMP whose telephone number is (571)272-2172. The examiner can normally be reached Monday- Friday 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A GUMP/Primary Examiner, Art Unit 3723
Prosecution Insights