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 “dosing valve which can be controlled by compressed air” recited in claim 1 and similarly in claim 12 (the feature of the compressed air controlling the dosing valve); the “cross-section of the mixer housing…and a cross-section of the mixing element…are each rectangular” recited in claim 2; the “rectilinear channel…rectilinear channel” recited in claims 9 and 11 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 Objections
Applicant is advised that should claim 8 be found allowable, claim 10 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 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.
Claim 1 recites the limitation “a dosing valve which can be controlled by compressed air as pressure medium” in line 2. The claim fails to recite any structure that enables the dosing valve to have the capability of being controlled by compressed air. The structure recited in the claim is not commensurate in scope with the function recited in the claim.
Claim 1 recites the limitation "pressure medium" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “a component mixture” in line 8. It appears to be a double inclusion of the “first component” and the “second component” recited in lines 3 and 4, respectively.
Claim 1 recites the limitation “the mixer housing and the mixing element are made of plastic” in line 11. It is uncertain whether “made of” indicates a product by process that does not necessarily require “plastic” to be in the end product of the mixer housing and the mixing element or “made of plastic” requires the mixer housing and the mixing element to comprise a plastic.
Claim 7 recites the limitation “the adapter housing is made of plastic” in line 1. It is uncertain whether “made of” indicates a product by process that does not necessarily require “metal” to be in the end product of the adapter housing or “made of metal” requires the adapter housing to comprise a metal.
Claim 12 recites the limitation “a dosing valve controllable by compressed air as a pressure medium” in line 2. The claim fails to recite any structure that enables the dosing valve to have the capability of being controlled by compressed air. The structure recited in the claim is not commensurate in scope with the function recited in the claim.
Claim 12 recites the limitation “a component mixture” in lines 8-9. It appears to be a double inclusion of the “first component” and the “second component” recited in lines 3 and 4, respectively.
Claim 12 recites the limitation “the mixer housing and the mixing element are made of plastic” in lines 9-10. It is uncertain whether “made of” indicates a product by process that does not necessarily require “plastic” to be in the end product of the mixer housing and the mixing element or “made of plastic” requires the mixer housing and the mixing element to comprise a plastic.
Claim 13 is directed to a method. The claim fails to define/provide any method steps.
Regarding claim 14, the preamble of the claims is inconsistent with that of its intervening claim 10.
Claim 14 is directed to a method. The claim fails to define/provide any method steps.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scarpa et al. (6,663,021).
Scarpa et al. disclose a device for applying a multicomponent plastic to a substrate comprising:
a dosing valve 162, 162a which can be controlled by compressed air (col. 8, l. 12) as pressure medium and has a first valve inlet 174 for a first component of the multicomponent plastic, a second valve inlet 176 for a second component of the multicomponent plastic and a valve outlet (opening into paddled mixer 166 in housing 178);
a static spray mixer 166, 168, 178 comprising a tubular mixer housing 178, 168 extending along a longitudinal axis (longitudinal axis of spray gun 160) and having a valve-side end (upstream end) and a distal end (downstream end), a mixing element 166 disposed within the mixer housing for producing a component mixture, and an atomization sleeve 90 disposed on the distal end of the mixer housing and having an inlet (upstream end for air entry) for a pressurized atomizing medium (air);
wherein the mixer housing and the mixing element are made of plastic (“made of plastic” renders the claim a product by process claim and does not carry patentable weight; see MPEP 2113; the claim does not recite that the mixer housing and the mixing element are plastic but that they are made of plastic; the recitation “made of” indicates a process; the process can involve plastic but not necessarily end up as a part of the mixer housing or the mixing element) and the mixing element is a one-piece element that is inserted into the mixer housing (see figures 8 and 9);
wherein a cross-section of the mixer housing (the cross section of the portion downstream of cross over tube 184/185) perpendicular to the longitudinal axis and a cross-section of the mixing element (cross section of a paddle or central shaft of paddled mixer 166) perpendicular to the longitudinal axis are each rectangular;
wherein the atomization sleeve is attachable to the distal end of the mixer housing along the longitudinal axis of the mixer housing;
wherein a separate adapter is provided between the valve outlet of the dosing valve and the valve -side end of the spray mixer for detachably attaching the spray mixer to the dosing valve;
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scarpa et al. (6,663,021).
Regarding claims 1-3,
Scarpa et al. disclose a device for applying a multicomponent plastic to a substrate comprising:
a dosing valve 162, 162a which can be controlled by compressed air (col. 8, l. 12) as pressure medium and has a first valve inlet 174 for a first component of the multicomponent plastic, a second valve inlet 176 for a second component of the multicomponent plastic and a valve outlet (opening into paddled mixer 166 in housing 178);
a static spray mixer 166, 168, 178 comprising a tubular mixer housing 178, 168 extending along a longitudinal axis (longitudinal axis of spray gun 160) and having a valve-side end (upstream end) and a distal end (downstream end), a mixing element 166 disposed within the mixer housing for producing a component mixture, and an atomization sleeve 90 disposed on the distal end of the mixer housing and having an inlet (upstream end for air entry) for a pressurized atomizing medium (air);
wherein the mixing element is a one-piece element that is inserted into the mixer housing (see figures 8 and 9).
Scarpa et al. disclose the limitations of the claimed invention with the exception of the mixer housing and the mixing element being made of plastic, i.e., the mixer housing and the mixing element each comprising plastic. Plastic materials are well known. Plastic materials are can be light weight and are less subject to corrosion. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the mixer housing and the mixing element of Scarpa et al. from plastic material to reduce weight and prevent corrosion.
Scarpa et al. further disclose:
wherein a cross-section of the mixer housing (the cross section of the portion downstream of cross over tube 184/185) perpendicular to the longitudinal axis and a cross-section of the mixing element (cross section of a paddle or central shaft of paddled mixer 166) perpendicular to the longitudinal axis are each rectangular;
wherein the atomization sleeve is attachable to the distal end of the mixer housing along the longitudinal axis of the mixer housing.
Regarding claim 4,
Scarpa et al. disclose the limitations of the claimed invention with the exception of a separate adapter. Scarpa et al. show an adapter (threaded downstream end of gun 162 that attaches to housing 178 and paddled mixer 166). Making the attachment portion/section into a separate element is a mere separation of parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have made the gun 162 into multiple/separate parts/sections for ease of assembly and/or maintenance, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 5,
Scarpa et al. further disclose the adapter comprises an adapter housing (housing of the downstream end portion of gun 162), a valve connection means (inherent when gun 162 is made of multiple/separable parts), and a mixer connection means (the threads) for releasable attachment of the spray mixer to the adapter.
Regarding claim 6,
Scarpa et al. further disclose wherein the valve connection means and/or the mixer connection means are integrally formed on the adapter housing (threads are integrally formed).
Regarding claim 7,
Scarpa et al. disclose the limitations of the claimed invention with the exception of the adapter housing is made of metal. Metal is well known. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have made the adapter housing of metal in the device of Scarpa et al. to improve strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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, 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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
Prosecution Insights