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 .
Claim Objections
Claim 2 is objected to because of the following informalities:
“the inner line end portion” in ln. 2-3 should be revised to “the outlet-side inner line end portion” to ensure consistency of terms.
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 1-4, 7-12, 14-22, and 24 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 at least one nozzle" in ln. 15-16. There is insufficient antecedent basis for this limitation in the claim. There is no “at least one nozzle” to refer back to for this limitation in the claim.
Claims 2-4, 7-12, 14-22, and 24 are rejected by virtue of dependency under claim 1.
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 1-4, 7, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haruch (US 6161778).
Regarding claim 1, Haruch discloses a nozzle assembly (10, Fig. 1) having a line assembly (22, 24, 14, 16, Fig. 1) which comprises:
an outer line (24, 16, Fig. 1) conducting a gaseous medium (Col. 3, Ln. 1) and an inner line (22, 14, Fig. 1) conducting a medium to be sprayed and arranged within the outer line (shown in Fig. 1, Col. 2, Ln. 67),
a nozzle main body (12, Fig. 1),
wherein a coupling element (40, 42, Figs. 1, 3) is arranged on an outlet-side inner line end portion of the inner line (outlet side of inlet passage 14, shown in Fig. 1) and on the nozzle main body (12, shown in Fig. 1) respectively, wherein the coupling element (40, 42, Figs. 1, 3) is formed as a first coupling element (40, Figs. 1, 3) and the coupling element (40, 42, Figs. 1, 3) is formed as a second coupling element (42, Figs. 1, 3) with respect to this, the first and second coupling elements (40, 42, Figs. 1, 3) being adapted to be coupled to one another by means of a plug connection (interpreting as a piece used to fill a hole, Merriam-Webster Dictionary, fluid directing insert 40 is inserted and press fit into cylindrical bore 42, shown in Figs. 1, 3, Col. 3, Ln. 45-50),
wherein the first coupling element (40, Figs. 1, 3) is designed as a coupling head (shown in Fig. 1, Col. 3, Ln. 45-50) through which a coupling head channel system (50, shown in Figs. 1, 3) passes and the second coupling element (42, Figs. 1, 3) is designed as a receiving bushing (shown in Figs. 1, 3) comprising a receiving space (internal space within cylindrical bore 42, shown in Fig. 3) so that in the assembled state of the nozzle assembly (shown in Fig. 1) the inner line (14, Fig. 1) is connected to the nozzle main body (12, shown in Fig. 1) and the medium to be sprayed can flow from the inner line (14, Fig. 1) in the direction of the at least one nozzle (35, shown in Fig. 1).
Regarding claim 2, Haruch discloses the nozzle assembly according to claim 1, wherein the first coupling element (40, Figs. 1, 3) is arranged on the inner line end portion of the inner line (outlet side of inlet passage 14, shown in Fig. 1) and the second coupling element (42, Figs. 1, 3) is arranged on the nozzle main body (12, shown in Fig. 1).
In regards to claim 3, Haruch discloses the nozzle assembly according to claim 2, wherein the receiving space (internal space within cylindrical bore 42, shown in Fig. 3) is defined by a receiving bushing wall (36, Fig. 3) and a receiving bushing floor (44, Fig. 3).
With respect to claim 4, Haruch discloses the nozzle assembly according to claim 1, wherein the coupling head channel system (50, shown in Figs. 1, 3) comprises an inlet channel (32, Fig. 1) having a longitudinal axis (longitudinal axis of expansion chamber 32, shown in Fig. 1) and transitioning in a transition region (54, Fig. 1) into a plurality of outlet channels (52, Fig. 1) opening out on a surface area of the coupling head (40, shown in Fig. 1).
Regarding claim 7, Haruch discloses the nozzle assembly according to claim 4, wherein each outlet channel (52, Fig. 1) comprises an outlet channel cross-sectional area (cross-sectional area of orifices 52, shown in Fig. 1) that is a multiple smaller than an inlet channel cross-sectional area (cross-sectional area of expansion chamber 32, shown in Fig. 1).
With respect to claim 17, Haruch discloses the nozzle assembly according to claim 1, wherein the nozzle main body (12, Fig. 1) has passing through it a first nozzle main body channel system (16, Fig. 1) for the gaseous medium (Col. 3, Ln. 1) and a second nozzle main body channel system (14, Fig. 1) for the medium to be sprayed (Col. 2, Ln. 67), in order to conduct the corresponding media separately from one another from the line assembly (22, 24, 14, 16, Fig. 1) to the nozzle (35, shown in Fig. 1).
With respect to claim 18, Haruch discloses the nozzle assembly according to claim 17, wherein the first nozzle main body channel system (16, Fig. 1) comprises at least a number of nozzle main body supply lines (22, Fig. 1) corresponding to a number of nozzles (35, Fig. 1) arranged in the nozzle main body (12, shown in Fig. 1), in order to conduct the gaseous medium to the respective nozzle (35, shown in Fig. 1).
In regards to claim 19, Haruch discloses the nozzle assembly according to claim 17, wherein the second nozzle main body channel system (14, Fig. 1) comprises a number of nozzle main body supply lines (24, Fig. 1) corresponding to a number of nozzles (35, Fig. 1) arranged in the nozzle main body (12, shown in Fig. 1), in order to conduct the medium to be sprayed to the respective nozzle (35, shown in Fig. 1).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Haruch (US 6161778) in view of Patel (US 20170021373 A1).
Regarding claim 8, Haruch discloses the nozzle assembly according to claim 4. However, Haruch does not disclose each outlet channel comprises an outlet channel cross-sectional area that is smaller than a nozzle outlet cross-sectional area.
Patel teaches each outlet channel (36, Fig. 3) comprises an outlet channel cross-sectional area (cross-sectional area of passage section 36, shown in Fig. 3) that is smaller than a nozzle outlet cross-sectional area (cross-sectional area of passageway 26, shown in Fig. 3)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the teaching of the outlet channel cross-sectional area and the nozzle outlet cross-sectional area taught in Patel’s nozzle assembly to Haruch’s nozzle assembly, to yield the predictable result of having a predetermined diameter that allows each outlet channel comprises an outlet channel cross-sectional area that is smaller than a nozzle outlet cross-sectional area. Doing so accelerates stream for optimum liquid atomization (Patel, Paragraph 0026).
It also would have been an obvious matter of design choice to have each outlet channel comprises an outlet channel cross-sectional area that is smaller than a nozzle outlet cross-sectional area. Relative dimensions are generally recognized as being within the level of ordinary skill in the art. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In addition, since there is only a finite number of solutions to modify each outlet channel comprises an outlet channel cross-sectional area to be smaller than a nozzle outlet cross-sectional area, with a reasonable expectation of success, a person of ordinary skill would have a good reason to pursue the known options within his or her technical grasp.
Claims 9-12, 14-16, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Haruch (US 6161778) in view of Lehmann et al. (US 9845909).
Regarding claim 9, Haruch discloses the nozzle assembly according to claim 1. However, Haruch does not disclose the coupling head comprises a coupling head fastening device for the inner line, the coupling head fastening device being a coupling head fastening sleeve having an internal thread or a first latching element.
Lehmann teaches the coupling head (1300, Fig. 9) comprises a coupling head fastening device (1302, Fig. 9) for the inner line (internal passage within second body 1340, shown in Fig. 9), the coupling head fastening device (1302, Fig. 9) being a coupling head fastening sleeve having an internal thread or a first latching element (1344, shown in Fig. 9)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the coupling head taught in Lehmann’s nozzle assembly to Haruch’s nozzle assembly, to have the motivation to have a coupler system that allows for connection of different parts, while being quick to connect and disconnect and prevents leaking (Lehmann, Col. 1, Ln. 65 to Col. 2, Ln. 32).
Regarding claim 10, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 9. Lehmann teaches the coupling head (1300, Fig. 9) comprises a cap element (1320, Fig. 9) positioned on the coupling head fastening sleeve (1344, shown in Fig. 9).
With respect to claim 11, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 9. Lehmann teaches the coupling head fastening device (1302, Fig. 9) has the coupling head channel system (entire internal passage within system 1300, shown in Fig. 9) passing through it.
In regards to claim 12, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 10. Lehmann teaches the cap element (1320, Fig. 9) passes through the coupling head fastening device (1302, Fig. 9) on the rear side with a coupling head connection spout (1340, shown in Fig. 9).
In regards to claim 14, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 12. Lehmann teaches the inlet channel (1368, Fig. 9) is coaxially enclosed by the coupling head connection spout (1340, shown in Fig. 9).
Regarding claim 15, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 12. Lehmann teaches a space (space between first housing 1302 and second housing 1340, shown in Fig. 9) is formed between the coupling head connection spout (1340, Fig. 9) and the coupling head fastening sleeve (1302, Fig. 9), into which space the inner line, which comprises an external thread or a second latch element (1342, Fig. 9) at its inner line end portion (downstream end of internal passage within second body 1340, shown in Fig. 9), can be introduced, so that the internal thread or the first latch element (1344, Fig. 9) of the coupling head fastening sleeve (1302, Fig. 9) and the external thread or the second latch element (1342, Fig. 9) of the inner line (internal passage within second body 1340, shown in Fig. 9) are operatively connected to one another (shown in Fig. 9).
In regards to claim 16, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 12. Haruch discloses the first coupling element (40, Figs. 1, 3) designed as a coupling head comprises a coupling head sealing element (60, Fig. 1) which provides a seal between the first and second coupling elements (40, 42, Figs. 1, 3) in the assembled state, so that the coupling head (40, Fig. 1) and the receiving bushing (42, Fig. 1) define a distribution space (annotated in Fig. 1), the coupling head (40, Fig. 1) comprising a coupling head groove (48, Fig. 1) over its entire circumference for receiving the coupling head sealing element (60, shown in Fig. 1).
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In regards to claim 20, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 16. Haruch discloses the nozzle main body supply lines (22, Fig. 1) of the second nozzle main body channel system (14, Fig. 1) connect the distribution space (annotated in Fig. 1) and the respective nozzle (35, Fig. 1) to one another (shown in Fig. 1).
With respect to claim 21, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 16. Haruch discloses the nozzle main body (12, Fig. 1) is designed in two parts (shown in Fig. 1), a nozzle main body cover (12, Fig. 1) and a nozzle main body pot (56, shown in Fig. 1) connected to one another by means of a bayonet coupling or a thread (Col. 4, Ln. 11-15).
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Haruch (US 6161778) in view of Lehmann et al. (US 9845909) as applied to claim 16 above, and further in view of Arno et al. (US 20050199403 A1).
With respect to claim 22, Haruch, as modified by Lehmann, discloses the nozzle assembly according to claim 16. However, Haruch and Lehmann do not teach the inner line arranged within the outer line comprises a flexible inner line portion which is guided by at least one spacer within the outer line.
Arno teaches the inner line (L, Fig. 10) arranged within the outer line (FFD, Figs. 9-10) comprises a flexible inner line portion (shown in Fig. 10) which is guided by at least one spacer (SE, Fig. 9) within the outer line (FFD, Figs. 9-10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inner line and the outer line taught in Arno’s nozzle assembly to Haruch’s nozzle assembly, as modified by Lehmann, to have the motivation to prevent excess moisture vapor that results in unwanted fouling and unacceptable application (Arno, Paragraph 0006).
In regards to claim 24, Haruch, as modified by Lehmann and Arno, discloses the nozzle assembly according to claim 22. Arno teaches when the flexible inner line portion (L, Fig. 10) is under pre-load, whereby the first coupling element (EF, Fig. 9) is held in the second coupling element (connector connecting to end fitting EF, shown in Fig. 9).
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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