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 8/5/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In Paragraph 0026 of the Specification, “Conversely, if the flow of fluid in the second fluid distribution passage 34 is turned on and the flow of fluid in the second fluid distribution passage 34 is turned off, fluid will be discharged from eight of the fourteen spray nozzles 24 of the spray nozzle assembly 10” should be revised to “Conversely, if the flow of fluid in the second fluid distribution passage 34 is turned on and the flow of fluid in the first fluid distribution passage 34 is turned off, fluid will be discharged from eight of the fourteen spray nozzles 24 of the spray nozzle assembly 10” to correct an apparent scrivener’s error and ensure clarity in the specification.
Appropriate correction is required.
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 4, 10, and 16 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 4 is indefinite because Lines 1-3 state “wherein a separate discharge passage for each spray nozzle is etched in a thin sheet with the thin sheets being bonded together to form the laminated of spray nozzles” and the term “thin” is a relative term. The term “thin” is not explicitly defined by the claim and the specification does not provide a standard for ascertaining the requisite degree. Paragraph 0024 of the Specification merely states “These laminated inserts 26 are formed by etching the individual spray nozzle discharge passages onto thin metal sheets. The etched metal sheets are then bonded together, creating monolithic laminated nozzles. These laminated nozzles have a low vertical profile as compared to spray nozzles made by traditional milling, drilling, and turning of metal bar stock to create the flow passages”. Thus, it is not clear what maximum thickness is required for a sheet to qualify as being a “thin sheet”. Furthermore, there is improper antecedent basis for “the thin sheets” and the “the laminated of spray nozzles”. It is not clear if multiple thin sheets were intended to be previously recited, and it is not clear if “the laminated of spray nozzles” applies to the “at least one laminated strip” in Claim 3 or something else. For the purpose of examination, Claim 4 Lines 1-3 will be interpreted to state “wherein a separate discharge passage for each spray nozzle is etched in a sheet, with a plurality of sheets being bonded together to form the at least one laminated strip”.
Claim 10 is indefinite because Lines 1-3 state “further including a body adaptor arranged between the inlet portion and the nozzle body, the body adaptor supporting the tube and defining a portion of the second fluid distribution passage” and there is improper antecedent basis for “the inlet portion” in the claim. It is not clear if “the inlet portion” is the same as the “nozzle inlet” in Claim 1 or if it something else. For the purpose of examination, Claim 10 Lines 1-3 will be interpreted to state “further including a body adaptor arranged between the nozzle inlet and the nozzle body, the body adaptor supporting the tube and defining a portion of the second fluid distribution passage”.
Claim 16 is indefinite because Lines 1-3 state “wherein a separate discharge passage for each spray nozzle is etched in a thin sheet with the thin sheets being bonded together to form the laminated of spray nozzles” and the term “thin” is a relative term. The term “thin” is not explicitly defined by the claim and the specification does not provide a standard for ascertaining the requisite degree. Paragraph 0024 of the Specification merely states “These laminated inserts 26 are formed by etching the individual spray nozzle discharge passages onto thin metal sheets. The etched metal sheets are then bonded together, creating monolithic laminated nozzles. These laminated nozzles have a low vertical profile as compared to spray nozzles made by traditional milling, drilling, and turning of metal bar stock to create the flow passages”. Thus, it is not clear what maximum thickness is required for a sheet to qualify as being a “thin sheet”. Furthermore, there is improper antecedent basis for “the thin sheets” and the “the laminated of spray nozzles”. It is not clear if multiple thin sheets were intended to be previously recited. Furthermore, it is not clear if “the laminated of spray nozzles” was intended to be previously recited and means a laminated strip or something else, and it is not clear if Claim 16 is intended to depend from a different claim or not. For the purpose of examination, Claim 16 Lines 1-3 will be interpreted to state, “wherein a separate discharge passage for each spray nozzle is etched in a sheet, with a plurality of sheets being bonded together to form at least one laminated strip”.
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 1-2 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PGPUB 2012/0324904 A1 to Omielan et al. (“Omielan”).
As to Claim 1, Omielan discloses a spray nozzle assembly (See Figs. 4-6) comprising:
a nozzle body (#26) supporting a plurality of spray nozzles (#34, See eight nozzles #34 in Fig. 6), the plurality of spray nozzles being divided into a plurality of different stages with each stage including a distinct set of one or more of the plurality of spray nozzles (See stages A, B, and C in Annotated Fig. 6), wherein the nozzle body includes a first fluid distribution passage (See Fig. 5, a first fluid distribution passage can be considered one of #36a, #36b, or #36c) that communicates with a first spray nozzle stage of the plurality of stages (See Annotated Fig. 6, the first nozzle stage can be considered a corresponding one of stage A, stage B, or stage C) and a second fluid distribution passage (See Fig. 5, a second fluid distribution passage can be considered another one of #36a, #36b, or #36c) that communicates with a second spray nozzle stage of the plurality of stages (See another corresponding one of Stage A, Stage B, and Stage C in Annotated Fig. 6); and
a nozzle inlet (See Annotated Fig. 6) including a plurality of fluid inlets each (#38) of the fluid inlets being connectable to a fluid supply (See #52 in Fig. 3B and See Paragraph 0030), the plurality of fluid inlets including a first fluid inlet that communicates with the first fluid distribution passage of the nozzle body (See a corresponding one of inlet A, inlet B, and inlet C in Annotated Fig. 6) and a second fluid inlet that communicates with the second fluid distribution passage of the nozzle body (See another corresponding one of inlet A, inlet B, and inlet C in Annotated Fig. 6);
wherein control of fluid flow through the first fluid distribution passage to the first spray nozzle stage and through the second fluid distribution passage to the second spray nozzle stage adjusts a total spray volume or a flow rate of the spray nozzle assembly (See Paragraphs 0029-0030 and 0033-00037).
As to Claim 2, in reference to the spray nozzle assembly of Omielan as applied to Claim 1 above, Omielan further discloses wherein the nozzle body is configured as an injector with an elongated tubular configuration (See Paragraph 0027 disclosing liquid injection being provided by #26, and See Fig. 6 showing #26 as a longitudinal bar that is equivalent to an elongated tubular configuration).
As to Claim 12, in reference to the spray nozzle assembly of Omielan as applied to Claim 1 above, Omielan further discloses wherein the first spray nozzle stage is located at a downstream portion of the nozzle body and the second spray nozzle stage is located upstream of the first spray nozzle stage (See Annotated Fig. 6, the first spray nozzle stage can be considered Stage C and the second spray nozzle stage can be considered Stage B).
As to Claim 13, Omielan discloses a spray nozzle assembly (See Figs. 4-6) comprising:
a nozzle body (#26) supporting a plurality of spray nozzles (#34, See eight nozzles #34 in Fig. 6), the plurality of spray nozzles being divided into a plurality of different stages with each stage including a distinct set of one or more of the plurality of spray nozzles (See stages A, B, and C in Annotated Fig. 6), wherein the nozzle body includes a first fluid distribution passage (See Fig. 5, a first fluid distribution passage can be considered one of #36a, #36b, or #36c) that communicates with a first spray nozzle stage of the plurality of stages (See Annotated Fig. 6, the first nozzle stage can be considered a corresponding one of stage A, stage B, or stage C) and a second fluid distribution passage (See Fig. 5, a second fluid distribution passage can be considered another one of #36a, #36b, or #36c) that communicates with a second spray nozzle stage of the plurality of stages (See another corresponding one of Stage A, Stage B, and Stage C in Annotated Fig. 6); and
wherein control of fluid flow through the first fluid distribution passage to the first spray nozzle stage and through the second fluid distribution passage to the second spray nozzle stage adjusts a total spray volume or a flow rate of the spray nozzle assembly (See Paragraphs 0029-0030 and 0033-00037).
As to Claim 14, in reference to the spray nozzle assembly of Omielan as applied to Claim 13 above, Omielan further discloses wherein the nozzle body is configured as an injector with an elongated tubular configuration (See Paragraph 0027 disclosing liquid injection being provided by #26, and See Fig. 6 showing #26 as a longitudinal bar that is equivalent to an elongated tubular configuration).
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.
Claims 5-6, 10, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Omielan in view of DE-10354864-A1 to Lecheler et al. (“Lecheler”).
Regarding Claim 5, in reference to the spray nozzle assembly of Omielan as applied to Claim 1 above, Omielan does not specifically disclose wherein the first fluid distribution passage comprises a tube that extends in an internal bore of the nozzle body (See Fig. 6, #36a, #36b, and #36c are all distribution passages that are channels within #26 but tubes extending in an internal bore are not specifically disclosed).
However, Lecheler discloses a spray nozzle assembly (See #1 in Fig. 3) comprising a first fluid distribution passage (See a space within #11) and a second distribution passage (See a space within #10), wherein the first fluid distribution passage comprises a tube (#11) that extends in an internal bore of a nozzle body (See Fig. 4, #11 extends in a bore within a body formed by #10).
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 spray nozzle assembly of Omielan as applied to Claim 1 above so #36b is within #36c such that the first fluid distribution passage comprises a tube that extends in an internal bore of the nozzle body, since doing so would utilize a known distribution passage arrangement taught by Lecheler to yield the predictable result of helping ensure optimal use of available installation space in the nozzle body for arrangement of the fluid distribution passages while evenly supplying liquid to the nozzles (See Lecheler Paragraphs 0022-0024)
As to Claim 6, in reference to the spray nozzle assembly of Omielan in view of Lecheler as applied to Claim 5 above, Omielan as modified by Lecheler further discloses wherein the second fluid distribution passage comprises an annular passage that extends in surrounding to relation to the tube and is defined by an external surface of the tube and the internal bore of the nozzle body (See Lecheler Fig. 4 showing #10 around #11. Modifying Omielan as taught by Lechler to have #36b within #36c will result in #36c having an annular passage that extends around #36b and being defined by an external surface of the tube and an internal space of #26).
As to Claim 10, in reference to the spray nozzle assembly of Omielan in view of Lecheler as applied to Claim 5 above, Omielan as modified by Lecheler further discloses a body adaptor arranged between the inlet portion and the nozzle body (See Omielan Annotated Fig. 6), the body adaptor supporting the tube and defining a portion of the second fluid distribution passage (See Omielan Fig. 4, the body adaptor will support the tube and define a portion of the second fluid distribution passage after fluid flows out of #38).
Regarding Claim 17, in reference to the spray nozzle assembly of Omielan as applied to Claim 13 above, Omielan does not specifically disclose wherein the first fluid distribution passage comprises a tube that extends in an internal bore of the nozzle body (See Fig. 6, #36a, #36b, and #36c are all distribution passages that are channels within #26 but tubes extending in an internal bore are not specifically disclosed).
However, Lecheler discloses a spray nozzle assembly (See #1 in Fig. 3) comprising a first fluid distribution passage (See a space within #11) and a second distribution passage (See a space within #10), wherein the first fluid distribution passage comprises a tube (#11) that extends in an internal bore of a nozzle body (See Fig. 4, #11 extends in a bore within a body formed by #10).
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 spray nozzle assembly of Omielan as applied to Claim 13 above so #36b is within #36c such that the first fluid distribution passage comprises a tube that extends in an internal bore of the nozzle body, since doing so would utilize a known distribution passage arrangement taught by Lecheler to yield the predictable result of helping ensure optimal use of available installation space in the nozzle body for arrangement of the fluid distribution passages while evenly supplying liquid to the nozzles (See Lecheler Paragraphs 0022-0024)
As to Claim 18, in reference to the spray nozzle assembly of Omielan in view of Lecheler as applied to Claim 17 above, Omielan as modified by Lecheler further discloses wherein the second fluid distribution passage comprises an annular passage that extends in surrounding to relation to the tube and is defined by an external surface of the tube and the internal bore of the nozzle body (See Lecheler Fig. 4 showing #10 around #11. Modifying Omielan as taught by Lechler to have #36b within #36c will result in #36c having an annular passage that extends around #36b and being defined by an external surface of the tube and an internal space of #26).
Claims 3-4, 11, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Omielan in view of US PGPUB 2014/0092170 A1 to Bustgens (“Bustgens”).
Regarding Claim 3, in reference to the spray nozzle assembly of Omielan as applied to Claim 1 above, Omielan does not specifically disclose wherein the plurality of spray nozzles are formed in at least one laminated strip that is supported on an external sidewall of the nozzle body (See Fig. 3A, Fig. 6, and Fig. 7A. The plurality of nozzles are formed as strips on opposite sides of #26 but a laminated strip is not specifically disclosed. Fig. 4 shows blocks of spray nozzles #34).
However, Bustgens discloses a spray nozzle assembly (See Fig. 6B) comprising a plurality of spray nozzles (#6) that are formed in at least one laminated strip that is supported on an external sidewall of a nozzle body (See Paragraphs 0076-0078).
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 spray nozzle assembly of Omielan as applied to Claim 1 above such that the plurality of spray nozzles on each side of #26 are formed as laminated strips that are supported on an external sidewall of the nozzle body since doing so would utilize a known manufacturing technique taught by Omielan to yield the predictable result of affordably having the spray nozzles formed with high dimensional accuracy (See Bustgens Paragraphs 0076-0078).
As to Claim 4, in reference to the spray nozzle assembly of Omielan in view of Bustgens as applied to Claim 3 above, Omielan as modified by Bustgens further discloses wherein a separate discharge passage for each spray nozzle is etched in a thin sheet with the thin sheets being bonded together to form the laminated of spray nozzles (See Bustgens Paragraphs 0076-0080 and Paragraph 0088 disclosing plates that are bonded and applied as a laminate).
As to Claim 11, in reference to the spray nozzle assembly of Omielan in view of Bustgens as applied to Claim 3 above, Omielan as modified by Bustgens further discloses wherein a laminated strip comprising a plurality of spray nozzles is provided on each of two opposing sides of the nozzle body (See Omielan Figs. 3A and 7A. Nozzles are on each side of #26. Modifying Omielan in view of Bustgens results in laminated strips being on opposite sides of #26).
Regarding Claim 15, in reference to the spray nozzle assembly of Omielan as applied to Claim 13 above, Omielan does not specifically disclose wherein the plurality of spray nozzles are formed in at least one laminated strip that is supported on an external sidewall of the nozzle body (See Fig. 3A, Fig. 6, and Fig. 7A. The plurality of nozzles are formed as strips on opposite sides of #26 but a laminated strip is not specifically disclosed. Fig. 4 shows blocks of spray nozzles #34).
However, Bustgens discloses a spray nozzle assembly (See Fig. 6B) comprising a plurality of spray nozzles (#6) that are formed in at least one laminated strip that is supported on an external sidewall of a nozzle body (See Paragraphs 0076-0078).
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 spray nozzle assembly of Omielan as applied to Claim 13 above such that the plurality of spray nozzles on each side of #26 are formed as laminated strips that are supported on an external sidewall of the nozzle body since doing so would utilize a known manufacturing technique taught by Omielan to yield the predictable result of affordably having the spray nozzles formed with high dimensional accuracy (See Bustgens Paragraphs 0076-0078).
Regarding Claim 16, in reference to the spray nozzle assembly of Omielan as applied to Claim 13 above, Omielan does not specifically disclose wherein a separate discharge passage for each spray nozzle is etched in a thin sheet with the thin sheets being bonded together to form the laminated of spray nozzles. (See Fig. 3A, Fig. 6, and Fig. 7A. The plurality of nozzles are formed as strips on opposite sides of #26 but a laminated strip made of sheets is not specifically disclosed. Fig. 4 shows blocks of spray nozzles #34).
However, Bustgens discloses a spray nozzle assembly (See Fig. 6B) comprising a plurality of spray nozzles (#6) wherein a separate discharge passage for each spray nozzle is etched in a sheet, with a plurality of sheets being bonded together to form at least one laminated strip (See Paragraphs 0076-0078 and 0088).
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 spray nozzle assembly of Omielan as applied to Claim 13 above such that the plurality of spray nozzles on each side of #26 are formed such that a separate discharge passage for each spray nozzle is etched in a sheet, with a plurality of sheets being bonded together to form at least one laminated strip since doing so would utilize a known manufacturing technique taught by Omielan to yield the predictable result of affordably having the spray nozzles formed with high dimensional accuracy (See Bustgens Paragraphs 0076-0078).
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Allowable Subject Matter
Claims 7-9 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach, disclose, or suggest, in combination with other limitations recited in dependent Claims 7 and 19: “wherein the second fluid distribution passage terminates with a barrier that isolates the second fluid distribution passage from a first portion of the internal bore of the nozzle body downstream of the barrier that communicates with the first spray nozzle stage”.
Regarding Claims 7 and 19, in reference to the spray nozzle assembly of Omielan and Lecheler as applied to Claims 6 and 18 above, Omielan as modified by Lecheler does not disclose wherein the second fluid distribution passage terminates with a barrier that isolates the second fluid distribution passage from a first portion of the internal bore of the nozzle body downstream of the barrier that communicates with the first spray nozzle stage (See Omielan showing #36a, #36b, and 36c in parallel. As shown in Lecheler Figs. 3-4, Lecheler does not have #11 terminating with a barrier that isolates #11 from a portion of #10, but rather #10 and #11 extend along a same distance). One having ordinary skill in the art before the effective filing date of the claimed invention would not be motivated to further reconfigure spray nozzle assembly of Omielan and Lecheler as applied to Claims 6 and 18 above such that the second fluid distribution passage terminates with a barrier that isolates the second fluid distribution passage from a first portion of the internal bore of the nozzle body downstream of the barrier that communicates with the first spray nozzle stage as required by Claims 7 and 19, as making such a further modification would change the overall arrangement of the spray nozzle assembly of Omielan in view of Lecheler and there is no prior teaching in Omielan, Lecheler, or other prior art that indicates that making such a further modification would be an obvious design choice without utilizing improper hindsight.
Claims 8-9 depend from Claim 7, therefore Claims 8-9 are also deemed to contain allowable subject matter. Claim 20 depends from Claim 19, therefore Claim 20 is also deemed to contained allowable subject matter.
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.
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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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/KEVIN EDWARD SCHWARTZ/Primary Examiner, Art Unit 3752 August 27, 2026
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