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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/6/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-8 and 10-19 are objected to because of the following informalities:
In Claim 1 Line 6, “and the air supply outlets” should be revised to “and air supply outlets” to ensure clarity in the claim.
In Claims 2-3, 10, 14, and 17-18, each instance of “according to patent claim” should be revised to “according to claim” to ensure clarity in the claims.
In Claims 2-8, 10-11, 13-15, 17, and 19, each instance of “in the case of which” should be revised to “wherein” to ensure proper grammar.
In Claim 4 Line 3, “forms the powder outlet” should be revised to “forms a powder outlet” to ensure clarity in the claim.
In Claim 5 Line 3, “for the connection” should be revised to “for connection” to ensure clarity in the claim.
In Claim 6 Line 2, “a further one” should be revised to “one” to ensure clarity in the claim.
In Claim 6 Line 3, “for the connection” should be revised to “for connection” to ensure clarity in the claim.
In Claim 7 Line 2, “a further one” should be revised to “one” to ensure clarity in the claim.
In Claim 7 Line 3, “for the connection” should be revised to “for connection” to ensure clarity in the claim.
In Claim 13 Line 6, “the axis of rotation” should be revised to “an axis of rotation” to ensure clarity in the claim.
In Claim 16 Lines 3-4, “the powder inlet of the powder injector” should be revised to “the powder inlet” to ensure clarity in the claim.
In Claim 17 Line 2, “on the outlet side” should be revised to “on an outlet side” to ensure clarity in the claim.
In Claim 18 Line 3, “in the powder supply” should be revised to “in a powder supply” to ensure clarity in the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations:
The “connecting means” in Claim 13 corresponds to the disclosure in Page 8 of the Specification which states, “The connecting means advantageously serves the purpose of establishing a releasable connection. The connecting means is preferably a mechanical connection between upper housing part and lower housing part. It can be, for example, a screw or a combination of threaded pin and nut.”. Therefore, based on the disclosure and the claims as a whole the examiner interprets the “connecting means” in Claim 13 to be a screw, a combination of a threaded pin and a nut, or equivalents thereof.
This application also includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitations are:
The “quick closure by means of which the line connection block can be fastened to the injector housing” in Claim 1, which recites sufficient structure of a closure; and
The “connecting means” in Claim 14, which recites sufficient structure of a screw.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 19 is 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 19 is indefinite because Lines 2-3 state “the fluidizing ring centers the intake pipe with respect to the pipe” and there is improper antecedent basis for “the fluidizing ring” in the claim. It is not clear if a fluidizing ring was intended to be previously recited or not and it is not clear if Claim 19 is intended to depend from a different claim. For the purpose of examination, Claim 19 Lines 2-3 will be interpreted to state “a fluidizing ring centers the intake pipe with respect to the pipe”.
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)(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.
Claims 1-11 and 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE-102018111949-A1 to Tobler et al. (“Tobler”).
As to Claim 1, Tobler discloses a powder injector (See Figs. 5-6) with quick coupling (See Paragraph 0065 disclosing quick connection),
with an injector housing (#33 and #31), which has a powder inlet (#36) and supply air inlets (#38, #41, and #46, See Fig. 11b) and in which a drive nozzle (#34) and a collection nozzle (#36) are arranged (See Fig. 8a and Paragraph 0071),
with a line connection block (#32), which has connections for supply air lines and the supply air outlets (See Fig. 12a and Paragraph 0067) and
with a quick closure, by means of which the line connection block can be fastened to the injector housing and the supply air outlets of the line connection block can be connected to the supply air inlets of the injector housing (See Paragraph 0065 and Annotated Fig. 7).
As to Claim 2, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the quick closure has a snap-in connection (See Paragraph 0065 disclosing a plug quick connection and See Fig. 7. The plug connection between #32 and #33 is equivalent to a snap-in quick connection).
As to Claim 3, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the quick closure has a self-resetting closure clip (See Paragraph 0065 disclosing a plug and screw quick connection, which is understood by one of ordinary skill in the art to comprise a structure that is equivalent to a self-resetting closure clip. Therefore some self-resetting closure clip structure exists between #33 and #32.).
As to Claim 4, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the line connection block comprises a powder hose connection, which forms the powder outlet of the powder injector (See Annotated Fig. 7, the powder hose connection forms a beginning of an outlet that powder from #150 is dispensed out of).
As to Claim 5, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein one of the connections of the line connection block is provided for the connection of a hose for conveying air (See air hoses #37, #40, #45 and See Paragraph 0082).
As to Claim 6, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein a further one of the connections of the line connection block is provided for the connection of a hose for metering air (See Paragraph 0051 disclosing an additional air supply and an air flow meter for setting an ideal feed rate).
As to Claim 7, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein a further one of the connections of the line connection block is provided for the connection of a hose for fluidizing air (See Paragraph 0061 disclosing fluidized material and See #45 in Fig. 7).
As to Claim 8, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the connections are arranged on one side of the line connection block (See connections on a left side of #32 in Fig. 7).
As to Claim 9, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses the powder injector comprising seals between the supply air outlets and the supply air inlets (See Paragraphs 0090-0092).
As to Claim 10, in reference to the powder injector of Tobler as applied to Claim 9 above, Tobler further discloses wherein the seals are formed as radially acting seals (See Paragraphs 0090-0092 and See seals on #46 and #32 in Fig. 7).
As to Claim 11, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the line connection block has a guide and the injector housing has a counter piece matching the guide (See Figs. 6-7 and See Paragraph 0065, the line connection block as an outlet end guide on #33 that matches with an inlet end guide on #32).
As to Claim 13, in reference to the powder injector of Tobler as applied to Claim 3 above, Tobler further discloses wherein of which the injector housing comprises an upper housing part (#31) and a lower housing part (#33), and
with a connecting means, which connects the upper housing part and the lower housing part to one another, which forms the axis of rotation for the closure clip and which holds the closure clip (See Paragraph 0065 disclosing that #31 and #33 can be connected via a screw connection. An axis that #31 is screwed to #33 is equivalent to an axis that the closure clip can be rotated around and which holds the closure clip between #33 and #32 in place).
As to Claim 14, in reference to the powder injector of Tobler as applied to Claim 13 above, Tobler further discloses wherein in the case of which the connecting means is formed as screw (See Paragraph 0065 disclosing that #31 and #33 can be connected via a screw connection).
As to Claim 15, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses wherein the injector housing is formed so that the collection nozzle can be pulled out of the injector housing when the line connection block is taken off (See Paragraph 0077 and See Fig. 10b).
As to Claim 16, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler further discloses a powder conveyor with the powder injector (See Fig. 3),
with an intake pipe (See Annotated Fig. 7, the intake pipe is a portion of #31), which is connected to the powder inlet of the powder injector (See Annotated Fig. 7, the intake pipe is fluidly connected to the powder inlet via #48a),
with a pipe surrounding the intake pipe (See #33 in Annotated Fig. 7), and
with a fluidizing air line (#47a), which runs through the injector housing and which opens out into the pipe (See Annotated Fig. 7, the fluidizing air line #47a opens out into #33).
As to Claim 17, in reference to the powder conveyor of Tobler as applied to Claim 16 above, Tobler further discloses in the case of which the intake pipe has a thread on the outlet side and the injector housing has a matching counter thread (See Paragraph 0065 disclosing that #33 and #31 can be connected via a screw connection and see a thread formation on the intake pipe of #31 in Fig. 6, therefore, the intake pipe has a thread on a left outlet end of it and part of the injector housing has a matching counter thread).
As to Claim 18, in reference to the powder injector of Tobler as applied to Claim 16 above, Tobler further discloses the powder conveyer comprising a fluidizing ring (#49, which carries fluidizing air pipe #46), which is connected to the pipe and which is provided to distribute fluidizing air in the powder supply (See Annotated Fig. 7, the ring #49 is connected within #33 and distributes fluidizing air by guiding #46).
As to Claim 19, in reference to the powder injector of Tobler as applied to Claim 16 above, Tobler further discloses wherein the fluidizing ring centers the intake pipe with respect to the pipe (See Annotated Fig. 7, the fluidizing ring helps align #33 with #31 and thus centers the intake pipe with respect to the pipe).
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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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tobler in view of US Patent 5,505,566 to Gruber (“Gruber”).
Regarding Claim 12, in reference to the powder injector of Tobler as applied to Claim 1 above, Tobler does not specifically disclose the powder injector having a non-return valve, which is arranged in the injector housing downstream from the supply air inlet .
However, Gruber discloses, in the same field of endeavor of powder injection, a powder injector (See Fig. 1), having a non-return valve (#22, which is a check-valve per Col. 3 Line 39. Check valves prevent backflow of fluid.), which is arranged in an injector housing (#10) downstream from a supply air inlet (#21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the powder injector of Tobler as applied to Claim 1 above such that the powder injector has a non-return valve arranged in the injector housing downstream from the supply air inlet as taught by Gruber, since doing so would yield the predictable result of preventing unwanted reverse flow of fluid in the injector housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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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/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 July 17, 2026
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