DETAILED ACTION
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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 Oct 2025 has been entered.
Claims 1-30 are pending in the application. Claims 1 and 22 are currently amended.
The prior 35 U.S.C. 103 rejections are withdrawn as requested (Pg. 7-8 & 10-11) based on the amendment to the claims.
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.
Claim(s) 1-30 is/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 "the aperture plate … receives the fluid by capillary flow" in Ln. 16-17 which deems the claim indefinite. The limitation recites a function (i.e. delivering fluid by capillary flow) without reciting sufficient structure to perform the function. The claim is unreasonably broad because it seeks to define the device by what it does rather than what it is (see MPEP 2173.05(g)). The claim should be amended to include the structure of the device which enables the delivering of fluid by capillary flow, i.e. the surface tension plate of claim 5. For the purposes of examination the claim will be interpreted as including the surface tension plate of claim 5.
Claim 22 recites the limitation "the aperture plate … receives the fluid by capillary flow" in Ln. 6-7 which deems the claim indefinite. The limitation recites a function (i.e. delivering fluid by capillary flow) without reciting sufficient structure to perform the function. The claim is unreasonably broad because it seeks to define the device by what it does rather than what it is (see MPEP 2173.05(g)). The claim should be amended to include the structure of the device which enables the delivering of fluid by capillary flow, i.e. the surface tension plate of claim 5. For the purposes of examination the claim will be interpreted as including the surface tension plate of claim 5.
Allowable Subject Matter
Claim(s) 1-30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Examiner concurs with applicant’s assertion that neither Robertson et al. (U.S. Patent 5487378) nor Dunfield et al. (U.S. Pub. 2005/0150489) teach or suggest capillary delivery of flow to the aperture plate via a space separating the aperture plate from the reservoir (Pg. 7-8 & 10-11). Examiner concurs with applicant’s assertion that in Robertson the nozzle array 622 does not directly receive liquid via capillary flow (Fig. 17). Examiner concurs with applicant’s assertion that in Dunfield orifice plate 106 does not directly receive liquid via capillary flow (Fig. 5). The prior claim rejections are thus withdrawn.
It is noted that prior claim 5 was rejected under 35 U.S.C. 103 beginning from Robertson. However, upon review applicant’s argument that PHOSITA would not have looked to Wilkerson et al. (U.S. Pub. 2013/0299607) in order to modify Robertson is found convincing (Pg. 9).
An updated search of the prior art fails to find any alternate prior art which either alone or in combination would have rendered either of instant claims 1 and 22 as prima facie obvious at the time of the effective filing of the invention, at least with particular attention to the claimed combination of a surface tension plate which provides fluid by capillary flow to an aperture plate from a reservoir, when considered together with the overall combination of elements recited in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH D BOECKER whose telephone number is (571)270-0376. The examiner can normally be reached M-F 9:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785