DETAILED ACTION
1. The Amendment filed 04/13/2026 has been entered. Claims 1-21 in the application remain pending. Claims 1, 9, 11, 13-14 & 17 were amended. Claim 21 remains withdrawn from consideration.
2. The text of those sections of Title 35, U.S.C. code not included in this action can be found in a prior Office Action.
Notice of Pre-AIA or AIA Status
3. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections
4. The claim rejections under AIA 35 U.S.C. 112(b), of claims 1-20 are withdrawn per amendments of claims 1, 9, 11, 13-14 & 17.
Claim Rejections - 35 USC § 112
5. Claims 1-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
As regards to claim 1, line 4 recites the limitation “the way”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner is interpreting “the way” as “a way”. To correct this problem, amend line 4 to recite “a way”.
Claims 2-20 are rejected at least based on their dependency from claim 1.
Claim Rejections - 35 USC § 102
6. Claims 1-16 & 19-20 remain rejected under AIA 35 U.S.C. 102(a)(1) as being anticipated by Sauer (US 2019/0270099 A1) hereinafter Sauer (the terminology of the claims in the application is used, but the references of Sauer are included between parentheses).
As regards to claim 1, Sauer discloses an apparatus for applying a viscous material to workpieces (abs; fig 1-3), having a nozzle holder (12) and an application nozzle (24) arranged on the nozzle holder (12), wherein the application nozzle (24) has a material line (18) that extends from a material inlet (20) for introducing the viscous material all the way to a nozzle opening (28) for exit of the viscous material, wherein the material line (18) has an inlet section (see fig 1, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) that extends (see fig 3, first larger portion extending in direction 34) in a first direction (34) from the material inlet (20), and an outlet section (26) that extends in a second direction (16), transverse to the first direction (34), to the nozzle opening (28), and wherein the application nozzle (24) is mounted on the nozzle holder (12) so as to pivot about a pivot axis (axis of 28) that forms a longitudinal center axis (see fig 1-3, axis of second smaller portion extending in direction 16) of the inlet section (see fig 1, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3; clm 1).
As regards to claim 2, Sauer discloses an apparatus (abs; fig 1-3), wherein the inlet section (see fig 1, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) and the outlet section (26) are rigidly linked ([0014]-[0018]; fig 1-3; clm 1).
As regards to claim 3, Sauer discloses an apparatus (abs; fig 1-3), wherein the second direction (16) runs perpendicular to the first direction (34) ([0014]-[0018]; fig 1-3).
As regards to claim 4, Sauer discloses an apparatus (abs; fig 1-3), wherein the application nozzle (24) has an equalization part (46+48) that extends partially transverse to the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34) and lies opposite to the outlet section (26) with reference to the pivot axis (axis of 28) ([0014]-[0018]; fig 1-3).
As regards to claim 5, Sauer discloses an apparatus (abs; fig 1-3), wherein the equalization part (46+48) extends counter (see fig 1-3) to the second direction (16) ([0014]-[0018]; fig 1-3).
As regards to claim 6, Sauer discloses an apparatus (abs; fig 1-3), wherein the mass of the equalization part (46+48) approximately corresponds to the mass of the outlet section (26) ([0014]-[0018]; fig 1-3).
As regards to claim 7, Sauer discloses an apparatus (abs; fig 1-3), further comprising a motor (36) for pivoting the application nozzle (24) about the pivot axis (axis of 28) ([0005]; [0007]-[0008]; [0014]-[0018]; fig 1-3).
As regards to claim 8, Sauer discloses an apparatus (abs; fig 1-3), wherein the motor (36) is firmly connected to the nozzle holder (12) ([0005]; [0007]-[0008]; [0014]-[0018]; fig 1-3).
As regards to claim 9, Sauer discloses an apparatus (abs; fig 1-3), further comprising a feed line (32) for the material, wherein the feed line (32) is locally fixed in place with reference to the nozzle holder (12), and has an end section (see fig 2, larger end part screwed into 12) that opens into (see fig 1-3) the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3).
As regards to claim 10, Sauer discloses an apparatus (abs; fig 1-3), wherein the end section (see fig 2, larger end part screwed into 12) has a longitudinal center axis (see fig 1-3, axis of second smaller portion extending in direction 16) that is a continuation of the longitudinal center axis (see fig 1-3, axis of second smaller portion extending in direction 16) of the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3).
As regards to claim 11, Sauer discloses an apparatus (abs; fig 1-3), wherein a circumferential first sealing ring (see fig 2, ring in 12 in which 32 is screwed into) is arranged between the end section (see fig 2, larger end part screwed into 12) and the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3).
As regards to claim 12, Sauer discloses an apparatus (abs; fig 1-3), wherein the first sealing ring (see fig 2, ring in 12 in which 32 is screwed into) lies loosely against an end face (see fig 1-3, face of area/portion of 20 comprising first larger portion extending in direction 34 with space between) of the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) that faces the end section (see fig 2, larger end part screwed into 12) and against an end face (see fig 2, face of larger end part screwed into 12) of the end section (see fig 2, larger end part screwed into 12) that faces the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3).
As regards to claim 13, Sauer discloses an apparatus (abs; fig 1-3), wherein a second sealing ring (50), wherein the second sealing ring (50) is fixed in place with reference to the nozzle holder (12), is arranged around the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3).
As regards to claim 14, Sauer discloses an apparatus (abs; fig 1-3), wherein the application nozzle (24) has an extension (38) that projects away from a side facing away from the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16), wherein the pivot axis (axis of 28) extends through the extension (38) ([0014]-[0018]; fig 1-3).
As regards to claim 15, Sauer discloses an apparatus (abs; fig 1-3), wherein the extension (38) is connected to a drive shaft (42) of the motor (36) ([0014]-[0018]; fig 1-3).
As regards to claim 16, Sauer discloses an apparatus (abs; fig 1-3), wherein the inlet section (see fig 1-3, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) and the extension (38) are each mounted on the nozzle holder (12) in contact with a rotational bearing (44,44), respectively ([0014]-[0018]; fig 1-3).
As regards to claim 19, Sauer discloses an apparatus (abs; fig 1-3), further comprising means (38) arranged on the nozzle holder (12) to limit a pivot angle (α) about which the application nozzle (24) can pivot about the pivot axis (axis of 28) with reference to the nozzle holder (12) ([0014]-[0018]; fig 1-3; clm 1).
As regards to claim 20, Sauer discloses an apparatus (abs; fig 1-3), wherein the means (38) for limiting the pivot angle (α) are adjustable (via 42, 44), so as to vary a maximum pivot angle ([0014]-[0018]; fig 1-3; clm 1).
Claim Rejections - 35 USC § 103
7. Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sauer as applied to claim 16 above.
As regards to claim 17, Sauer discloses an apparatus (abs; fig 1-3), a first one of the rotational bearings (44) ([0014]-[0018]; fig 1-3; clm 1), however Sauer does not disclose a ball bearing, but teaches the rotational bearings. A ball bearing and rotational bearings are considered functionally equivalent bearings. Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to substitute a ball bearing for the rotational bearings disclosed by Sauer since they are functionally equivalent and one of an obvious finite choices of bearings with a reasonable expectation of success.
As regards to claim 18, Sauer discloses an apparatus (abs; fig 1-3), wherein a second one of the rotational bearings (44) is a body made of a suitable material, in which the extension (38) is accommodated (via 42) ([0014]-[0018]; fig 1-3; clm 1), however Sauer does not disclose plastic, but teaches a suitable material. A plastic and a suitable material are considered functionally equivalent materials. Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to substitute a plastic for the suitable material disclosed by Sauer since they are functionally equivalent and one of an obvious finite choices of materials with a reasonable expectation of success.
Response to Arguments
8. Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
(a) As recited in claim 1 as amended, the application nozzle (14) is mounted on the nozzle holder (12) so as to pivot about a pivot axis (30) that forms a longitudinal center axis of the inlet section (24).
Thus, according to the invention as set forth in amended claim 1, the material line comprises an inlet section extending in a first direction and an outlet section extending in a second direction perpendicular to the first direction. The material line is thus angled.
According to the invention of amended claim 1, the application nozzle through which the material line extends is mounted on the nozzle holder so as to be pivotable about a pivot axis, wherein the pivot axis is formed by a longitudinal center axis of the inlet section.
It is respectfully submitted that at least the latter feature is not disclosed in Sauer. In Sauer, Fig. 1 shows an inlet section 20 and an outlet section extending perpendicular to this inlet section, formed by the application tube 14. This outlet section is pivotable by deflecting the free end 26 of the application tube 14.
It is respectfully submitted, however, that there is no pivoting about a pivot axis formed by the longitudinal centerline of the inlet section in Sauer. The pivoting occurs about the ball joint 22, which is arranged at a distance from the longitudinal centerline of the inlet section 20. Sauer thus relates to something other than the subject matter of Applicant's amended claim 1 and cannot anticipate or render such subject matter obvious.
(b) Accordingly, it is respectfully submitted that Applicant's claim 1 as amended, together with claims 2-20 which depend directly or indirectly thereon, is patentable over Sauer.
9. In response to applicant’s arguments, please consider the following comments.
(a) As already discussed above in detail in regards to claim 1, Sauer discloses wherein the material line (18) has an inlet section (see fig 1, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) that extends (see fig 3, first larger portion extending in direction 34) in a first direction (34) from the material inlet (20), and an outlet section (26) that extends in a second direction (16), transverse to the first direction (34), to the nozzle opening (28), and wherein the application nozzle (24) is mounted on the nozzle holder (12) so as to pivot about a pivot axis (axis of 28) that forms a longitudinal center axis (see fig 1-3, axis of second smaller portion extending in direction 16) of the inlet section (see fig 1, area/portion of 20 comprising first larger portion extending in direction 34 and second smaller portion extending in direction 16) ([0014]-[0018]; fig 1-3; clm 1).
Merriam-Webster discloses section as follows: one of several component parts that may be assembled.
That is, examiner defined the inlet section as shown in fig 1 as an area/portion of 20 comprising a first larger portion extending in direction 34 and second smaller portion extending in direction 16. Applicant acknowledges The pivoting occurs about the ball joint 22 (Remarks pg. 9). As clearly seen in fig 1-3 of Sauer, the ball joint 22 is located along the second smaller portion extending in direction 16, thus satisfying pivoting about a pivot axis formed by the longitudinal centerline of the inlet section.
Further, Applicants arguments are not commensurate with the breadth of the currently amended claims. In response to applicant's argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., material line is angled) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
(b) In view of the foregoing, Examiner respectfully contends the limitations of claim 1 are indeed satisfied. Claims 2-20 are rejected at least based on their dependency from claim 1, as well as for their own rejections on the merits, respectively.
Conclusion
10. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jethro M Pence whose telephone number is (571)270-7423. The examiner can normally be reached M-TH 8:00 A.M. - 6:30 P.M..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei D. Yuan can be reached on 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jethro M. Pence/
Primary Examiner
Art Unit 1717
Prosecution Insights