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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the terminal body connected to the mounting region of the manifold in claim 1, ln. 4-5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 5, 12, 13-14, and 20 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.
The term “microscopic sense” in claim 5, ln. 4 is a relative term which renders the claim indefinite. The term “microscopic sense” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the specification, the applicant does not define or explain what a microscopic sense is. Therefore, it is unclear what would qualify as a microscopic sense. Merriam-Webster Dictionary defines microscopic as invisible or indistinguishable without the use of a microscope. For examination purposes, it will be interpreted that a tapered or conical inner surface of the end region of the nozzle housing are respectively designed without contours that is invisible or indistinguishable without the use of a microscope.
Claim 12 recites the limitation “a lateral surface of the nozzle body” in ln. 3. There is a lack of clarity for this limitation in the claim. It is unclear if the applicant is referring to the lateral surface of the nozzle body previously recited in claim 1, or if the applicant is introducing a new and different lateral surface of the nozzle body from the lateral surface of the nozzle body previously claimed in claim 1. For examination purposes, it will be interpreted that the applicant is referring to the lateral surface of the nozzle body previously recited in claim 1.
The term “substantially” in claim 13, ln. 3 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the specification, the applicant does not define or explain what would qualify as being substantially cylindrical in paragraphs 0052 and 0096. For examination purposes, it will be interpreted that the nozzle body is configured as a cylindrical nozzle body at least in regions in which the nozzle body is received in the nozzle housing.
The term “about” in claim 14, ln. 3 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the specification, the applicant does not define or explain what would qualify as being about 20 mm and about 100 mm in paragraph 0058. For examination purposes, it will be interpreted that the nozzle body, when viewed in the longitudinal direction of the spray nozzle, has a length between 20 mm and 100 mm.
Claim 20 is rejected by virtue of dependency under claim 14.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-13, and 15-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Acum et al. (US 20050095365 A1).
In regards to claim 1, Acum discloses a nozzle arrangement (40, 42, 94, 84, Figs. 1-3) for applying fluids onto a substrate (20, Fig. 1, Paragraph 0042), the nozzle arrangement (40, 42, 94, 84, Figs. 1-2) comprising:
a terminal body (40, Figs. 1-2) connected to a mounting region (130, Fig. 1) of a manifold (123, Fig. 1, Paragraph 0041); and
a spray nozzle (84, Figs. 1-2) connected to the terminal body (40, shown in Figs. 1-2), the spray nozzle (84, Figs. 1-2) comprising a nozzle body (external surface of nozzle 84, shown in Figs. 1-2) extending in a longitudinal direction of the spray nozzle (longitudinal direction of nozzle 84, shown in Fig. 2) and having at least one first fluid channel (74, Figs. 2-3), the at least one first fluid channel (74, Figs. 2-3) coaxially extending to a longitudinal axis of the nozzle body (longitudinal axis of external surface of nozzle 84, shown in Figs. 2A-3) for fluids to be applied onto the substrate (Paragraph 0035), the spray nozzle (84, Figs. 1-2) further comprising a nozzle housing (94, Figs. 2-3), in which the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) is received at least in regions (shown in Figs. 2-3), wherein a plurality of second fluid channels (110, Figs. 2A-3) are between a lateral surface of the nozzle body (side external surface of nozzle 84, shown in Figs. 2A-2B) and an inner surface of the nozzle housing (internal surface of air cap 94, shown in Figs. 2A-2B), the second fluid channels (110, Figs. 2A-3) configured for shaping air (channels 110 provide assist airflow paths that project air past a nozzle distal end 87 and against a stream of material being dispensed, Paragraphs 0038-0039),
wherein the second fluid channels (110, Figs. 2A-3) extend over an entire length of the second fluid channels (entire length of channels 110, shown in Figs. 2A-3) parallel to the at least one first fluid channel (74, shown in Figs. 2A-3) and the second fluid channels (110, Figs. 2A-3) open into a tapered or conical gap (116, shown in Figs. 2A-2B) that tapers toward a nozzle outlet opening (121, Figs. 2A-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 1-2).
In regards to claim 2, Acum discloses the nozzle arrangement according to claim 1, wherein the spray nozzle (84, Figs. 1-2) includes an end-side nozzle outlet region (87, Figs. 2-2B) that is configured as a full-cone atomizer nozzle (nozzle 84 has a cone shape at its distal end 87, and pressure of assist airflow can be increased to allow particles to resemble atomized particles, shown in Figs. 2-2B, 7, Paragraphs 0039, 0047, 0062).
With respect to claim 3, Acum discloses the nozzle arrangement according to claim 1, wherein the second fluid channels (110, Figs. 2A-3) open in a straight line into the tapered or conical gap (116, shown in Figs. 2A-2B) and deflect such that the air dispensed by the second fluid channels (110, Figs. 2A-3) is deflected only toward the nozzle outlet opening (121, Figs. 2A-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 1-2), but not perpendicular to the longitudinal direction of the spray nozzle (longitudinal direction of nozzle 84, air flowing through passage 116 tapers down to outlet 121 from channels 110, shown in Fig. 2, Paragraph 0039).
With respect to claim 4, Acum discloses the nozzle arrangement according to claim 1, wherein, at an end-side nozzle outlet region (87, Figs. 2-2B) of the spray nozzle (84, Figs. 1-2), the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) is configured in a tapered or conical manner (shown in Figs. 2-2B), and wherein, at the end-side nozzle outlet region (87, Figs. 2-2B) of the spray nozzle (84, Figs. 1-2), the nozzle housing (94, Figs. 2-3) is configured in the tapered or conical manner (shown in Figs. 2-2B), wherein the tapered or conical gap (116, shown in Figs. 2A-2B) is formed between the a first tapered or conical end region (117, shown in Figs. 2-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) and a second tapered or conical end region (119, shown in Figs. 2-2B) of the nozzle housing (94, Figs. 2-3).
Regarding claim 5, Acum discloses the nozzle arrangement according to claim 4, wherein a tapered or conical outer surface of the end region (external surface of taper 117, shown in Figs. 2-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) and a tapered or conical inner surface of the end region (external surface of taper 119, shown in Figs. 2-2B) of the nozzle housing (94, Figs. 2-3) are respectively designed without contours (interpreting as an outline especially of a curving or irregular figure, Merriam-Webster Dictionary) in a microscopic sense (interpreting as invisible or indistinguishable without the use of a microscope, Merriam-Webster Dictionary, shown in Figs. 2A-2B).
With respect to claim 7, Acum discloses the nozzle arrangement according to claim 4, wherein the at least one first fluid channel (74, Figs. 2-3) opens into the tapered or conical gap (116, shown in Figs. 2A-2B) opposite the nozzle outlet opening (121, Figs. 2A-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 1-2).
In regards to claim 8, Acum discloses the nozzle arrangement according to claim 4, wherein the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) has a shape that tapers toward the nozzle outlet opening (121, Figs. 2A-2B) of the nozzle body (external surface of nozzle 84, shown in Figs. 2-2B) at an end-side nozzle outlet region (87, Figs. 2-2B) of the spray nozzle (84, Figs. 1-2).
In regards to claim 9, Acum discloses the nozzle arrangement according to claim 8, wherein at least one region (89, 91, Figs. 2A-2B) is integrally (interpreting as formed as a unit with another part, Merriam-Webster Dictionary) formed with the nozzle body (external surface of nozzle 84, shown in Figs. 1-2) at the end-side nozzle outlet region (87, Figs. 2-2B) of the spray nozzle (84, Figs. 1-2) on a tapered or conical outer surface of the nozzle body (external surface of nozzle 84 at taper 117, shown in Figs. 2A-2B).
With respect to claim 10, Acum discloses the nozzle arrangement according to claim 1, wherein the nozzle housing (94, Figs. 2-2B) is configured, at least partly, as a sleeve-shaped body (shown in Figs. 2-2B), which surrounds the nozzle body (external surface of nozzle 84, shown in Figs. 2-2B), at least partly (shown in Figs. 2-2B).
Regarding claim 11, Acum discloses the nozzle arrangement according to claim 1, wherein the nozzle body (external surface of nozzle 84, shown in Figs. 2-2B) is rod-shaped (shown in Figs. 2-2B) and has at least in regions, a multi-edged cross-sectional profile (bottom region of external surface of nozzle 84, shown in Figs. 2-2B).
Regarding claim 12, Acum discloses the nozzle arrangement according to claim 1, wherein the second fluid channels (110, Figs. 2A-3) are uniform in relation to one another over a lateral surface of the nozzle body (side external surface of nozzle 84, shown in Figs. 2A-2B) and are equidistant to one another (channels 110 are circumferentially spaced, shown in Figs. 2A-3, Paragraph 0038).
With respect to claim 13, Acum discloses the nozzle arrangement according to claim 1, wherein, the nozzle body (external surface of nozzle 84, shown in Figs. 2-2B) is configured as a substantially cylindrical nozzle body (shown in Figs. 2-2B) at least in regions in which the nozzle body (external surface of nozzle 84, shown in Figs. 2-2B) is received in the nozzle housing (94, shown in Figs. 2-2B), wherein one or more of: groove regions (85, Fig. 3) extend the nozzle body (external surface of nozzle 84, shown in Fig. 3) in the longitudinal direction (longitudinal direction of nozzle 84, shown in Fig. 3) of the spray nozzle (84, shown in Fig. 3).
In regards to claim 15, Acum discloses a system (10, Fig. 1) for applying fluids onto a substrate (20, Fig. 1), the system (10, Fig. 1) comprising:
a distributor head (12, Fig. 1) movable along a direction of movement relative to the substrate (20, Fig. 1, Paragraph 0042); and
at least one of the nozzle arrangement (40, 42, 94, 84, shown in Figs. 1-2) according to claim 1.
With respect to claim 16, Acum discloses the nozzle arrangement according to claim 2, wherein the end-side nozzle outlet region (87, Figs. 2-2B) is configured as the full-cone atomizer nozzle (nozzle 84 has a cone shape at its distal end 87, and pressure of assist airflow can be increased to allow particles to resemble atomized particles, shown in Figs. 2-2B, 7, Paragraphs 0039, 0047, 0062) with an internal mixture of the fluid to be applied to the substrate and the air that is shaped (combination of desired assist air and liquid pressures causes applicator 12 to dispense coating material in a desired pattern, Paragraph 0042).
In regards to claim 17, Acum discloses the nozzle arrangement according to claim 9, wherein the at least one region (89, 91, Figs. 2A-2B) is integrally (interpreting as formed as a unit with another part, Merriam-Webster Dictionary) formed with the nozzle body (external surface of nozzle 84, shown in Figs. 2A-2B) such that the tapered or conical gap (116, Figs. 2A-2B) is formed between the nozzle body (external surface of nozzle 84, shown in Figs. 2A-2B) and the nozzle housing (94, Figs. 2A-2B).
Regarding claim 18, Acum discloses the nozzle arrangement according to claim 10, wherein the nozzle housing (94, Figs. 2-3) is fastened in a detachable or exchangeable manner with the nozzle body (external surface of nozzle 84, shown in Fig. 3) at a terminal region of the terminal body (downstream end of 40, shown in Figs. 2-3) with a squeeze connection produced by a swivel nut (98, clearances between air cap 94 and retaining nut 98 are such that retaining nut 98 is tightened to secure the air cap 94 to the liquid chamber body 42 and air cylinder body 40, Fig. 2, Paragraphs 0033, 0037) at the terminal region of the terminal body (downstream end of 40, shown in Fig. 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Acum et al. (US 20050095365 A1).
In regards to claim 6, Acum discloses the nozzle arrangement according to claim 4. Acum discloses the claimed invention except for the explicit teaching of a distance between a tapered or conical outer surface of the first tapered or conical end region of the nozzle body and the tapered or conical inner surface of the second tapered or conical end region of the nozzle housing is 0.1 mm to 0.4 mm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a distance between a tapered or conical outer surface of the first tapered or conical end region of the nozzle body and the tapered or conical inner surface of the second tapered or conical end region of the nozzle housing is 0.1 mm to 0.4 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter the size of the annular assist air outlet passage which achieves the recognized result of diffusing the assist air (paragraph 0039), therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980). Please note that in the instant application, paragraphs 0035 and 0108 of the specification, the applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 14, Acum discloses the nozzle arrangement according to claim 1. Acum discloses the claimed invention except for the explicit teaching of the nozzle body, when viewed in the longitudinal direction of the spray nozzle, has a length between about 20 mm and about 100 mm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the nozzle body, when viewed in the longitudinal direction of the spray nozzle, has a length between about 20 mm and about 100 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is the length of the nozzle body which achieves the recognized result of how far the nozzle body extends into the rest of the assembly to mate with complementary components of the assembly (paragraphs 0036 & 0039), therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980). Please note that in the instant application, paragraph 0058 of the specification, the applicant has not disclosed any criticality for the claimed limitations.
With respect to claim 20, Acum discloses the nozzle arrangement according to claim 14, wherein when the spray nozzle (84, Figs. 1-2) is mounted on a terminal region of the terminal body (downstream end of 40, shown in Figs. 2-3), an annular region (100, 102, Fig. 2) is formed between the terminal body (40, shown in Fig. 2) and the spray nozzle (84, shown in Fig. 2).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Acum et al. (US 20050095365 A1) in view of Yan et al. (CN 110369169 A).
Regarding claim 19, Acum discloses the nozzle arrangement according to claim 11. Acum further discloses the regions are first regions (bottom region of external surface of nozzle 84, shown in Figs. 2-2B).
However, Acum does not disclose the nozzle body has a hexagonal cross-sectional profile in at least second regions.
Yan teaches a nozzle arrangement (entire structure, Fig. 1) comprising the nozzle body (external surface of tube 20, shown in Fig. 2) has a hexagonal cross-sectional profile in at least second regions (center region of external surface of tube 20, shown in Figs. 2-3, Paragraph 0040).
Acum and Yan are considered to be analogous art to the claimed invention because they are in the same field of nozzle arrangement structures. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make Acum’s nozzle arrangement have a nozzle body that has a hexagonal cross-sectional profile, as taught by Yan, to have the motivation to form an interference fit connection so that the nozzle body can be stably fixed (Yan, Paragraph 0040).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna T Ho whose telephone number is (571)272-2587. The examiner can normally be reached M-F 8:00 AM-5:00 PM, First Friday of Pay Period off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O 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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/ANNA THI HO/Examiner, Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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