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 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, 6-10, 14, 16, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White et al. (12,290,833)
Regarding claim 1, White et al. shows a fluid nozzle (10) comprising: a tube (20) comprising a first tube end and a second tube end opposite to the first tube end (40), the tube extending along a tube axis defined between the first tube end and the second tube end (30), the tube defining a first axis orthogonal to the tube axis and a second axis orthogonal to each of the tube axis and the first axis (fig 1), the tube further comprising: an outlet (42) disposed at the first tube end, the outlet comprising a first outlet end, a second outlet end opposing the first outlet end (fig 1), an outlet width between the first outlet end and the second outlet end along the first axis, and an outlet height along the second axis, wherein the outlet is symmetric about each of the first axis and the second axis (fig 1), wherein the outlet further comprises a first longitudinal edge extending along the first axis, a second longitudinal edge spaced apart from the first longitudinal edge with respect to the second axis and extending along the first axis (fig 1), a first curved edge disposed at the first outlet end and extending between the first longitudinal edge and the second longitudinal edge, and a second curved edge disposed at the second outlet end and extending between the first longitudinal edge and the second longitudinal edge (fig 1); an inlet (30) disposed at the second tube end; and a fluid passageway disposed within the tube and extending from the inlet to the outlet (fig 3); and only one guide member (50, 52) extending from only one side of the tube along the first axis and aligned with the outlet width of the outlet, wherein a portion of the only one guide member further extends beyond the first tube end along the tube axis (fig 1, 3), wherein the only one guide member comprises a bottom edge (the angled edge below 50 in fig 1) extending from the tube towards the first tube end and inclined obliquely relative to the tube axis, a first edge (50, fig 1) extending from the bottom edge along the tube axis beyond the first tube end, a top edge (fig 1, the upper most surface) extending from the first side edge along the first axis, a second side edge (52, fig 1) extending from the top edge along the tube axis to the tube, and a coupling portion (fig 1, the two thin portions connecting 52 and 20) connected to and continuous with the tube, the coupling portion extending between the second side edge and the bottom edge (fig 1).
Regarding claim 6, wherein the top edge is spaced apart from the first tube end with respect to the tube axis (fig 3)
Regarding claim 7, wherein the tube further comprises: a first tube portion extending along the tube axis and comprising the first tube end and the outlet (fig 3), the first tube portion tapering along a flow direction from the second tube end to the first tube end, the first tube portion at least partially defining the fluid passageway therethrough (fig 3, element 26); and a second tube portion extending along the tube axis and comprising the second tube end and the inlet (fig 3, element 24), the second tube portion comprising a polygonal shape along a length of the second tube portion (fig 1, 2), the second tube portion at least partially defining the fluid passageway therethrough (fig 3)
Regarding claim 8, White et al. shows all aspects of the applicant’s invention as in claim 7 including wherein the first tube portion comprises a first tapered wall disposed proximal to the first outlet end and tapering inwardly relative to the tube axis along the flow direction, a second tapered wall opposing the first tapered wall and tapering inwardly relative to the tube axis along the flow direction (fig 1, 2), and a pair of lateral walls opposing each other along the second axis, each of the pair of lateral walls extending between the first tapered wall and the second tapered wall (fig 1), wherein the first tapered wall defines the only one side of the tube, and wherein the only one guide member is connected to the first tapered wall (fig 1, 3).
Regarding claim 9, wherein the second tapered wall is smooth (fig 1, 3).
Regarding claim 10, wherein each of the first tapered wall and the second tapered wall is curved, and wherein each of the pair of lateral walls is planar (fig 2).
Regarding claim 14, White et al. shows a fluid system (fig 4) comprising: a fluid nozzle (10) comprising: a tube comprising a first tube end (40) and a second tube end opposite to the first tube end (30), the tube extending along a tube axis defined between the first tube end and the second tube end, the tube defining a first axis orthogonal to the tube axis and a second axis orthogonal to each of the tube axis and the first axis, (fig 1) the tube further comprising: an outlet (42) disposed at the first tube end, the outlet comprising a first outlet end, a second outlet end opposing the first outlet end, an outlet width between the first outlet end and the second outlet end along the first axis (fig 1), and an outlet height along the second axis, wherein the outlet is symmetric about each of the first axis and the second axis (fig 1), wherein the outlet further comprises a first longitudinal edge extending along the first axis, a second longitudinal edge spaced apart from the first longitudinal edge with respect to the second axis and extending along the first axis (fig 1), a first curved edge disposed at the first outlet end and extending between the first longitudinal edge and the second longitudinal edge, and a second curved edge disposed at the second outlet end and extending between the first longitudinal edge and the second longitudinal edge (fig 1); an inlet (30) disposed at the second tube end; and a fluid passageway disposed within the tube and extending from the inlet to the outlet (fig 3); and only one guide member (50, 52) extending from only one side of the tube along the first axis and aligned with the outlet width of the outlet (fig 1), wherein a portion of the only one guide member further extends beyond the first tube end along the tube axis (fig 1), wherein the only one guide member comprises a bottom edge (the edge below 50 in fig 1) extending from the tube towards the first tube end and inclined obliquely relative to the tube axis, a first side edge (50, fig 1) extending from the bottom edge along the tube axis beyond the first tube end, a top edge (top surface of fig 1) extending from the first side edge along the first axis, a second side edge (52, fig 1) extending from the top edge along the tube axis to the tube, and a coupling portion (the thin connector elements connecting 52 and 20, fig 1) connected to and continuous with the tube, the coupling portion extending between the second side edge and the bottom edge (fig 1); and a fluid source (60) connected to the fluid nozzle and disposed in fluid communication with the fluid passageway.
Regarding claim 16, further comprising a static mix nozzle (60) that is configured to couple to the fluid source and the fluid nozzle, the static mix nozzle having a first shape profile, wherein the fluid nozzle has a second shape profile that is complementary to the first shape profile, such that the static mix nozzle is mateable with the fluid nozzle (fig 3a, 4).
Regarding claim 19, wherein the top edge is spaced apart from the first tube end with respect to the tube axis (fig 3).
Regarding claim 20, wherein the tube further comprises: a first tube portion extending along the tube axis and comprising the first tube end and the outlet, the first tube portion tapering along a flow direction from the second tube end to the first tube end (26), the first tube portion at least partially defining the fluid passageway therethrough (fig 3); and a second tube portion (24) extending along the tube axis and comprising the second tube end and the inlet, the second tube portion comprising a polygonal shape (fig 1, 2) along a length of the second tube portion, the second tube portion at least partially defining the fluid passageway therethrough (fig 3).
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) 3, 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable White et al. (12,290,833)
Regarding claims 3, White et al shows all aspects of the applicant’s invention as in claim 1, including that the figures appear to show wherein the outlet width is greater than the outlet height by a factor from about 2 to about 10.
But does not explicitly teach wherein the outlet width is greater than the outlet height by a factor from about 2 to about 10.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of White et al. to so that the outlet width is greater than the outlet height by a factor from about 2 to about 10, since it has been 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” Gardner v. TEC., Inc., 725 F.2d 1338, 220 USPQ 77 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984).
In this case, the device of White et al would not operate differently with the outlet width is greater than the outlet height by a factor from about 2 to about 10, since the nozzle of White et al and the claimed nozzle are identical in every other way and changing the proportion of outlet will not change the function of the nozzle. Further, it appears that applicant places no criticality in the claimed range.
Regarding claims 5 and 18, White et al. shows all aspects of the applicant’s invention as in claims 1 and 14 including wherein the only one guide member further comprises a second rounded interface disposed between the first side edge and the top edge (fig 3), and a third rounded interface disposed between the top edge and the second side edge (fig 3),
But fails to teach wherein the only one guide member further comprises a first rounded interface disposed between the bottom edge and the first side edge.
The examiner notes that rounded corners are common in the art and are often used to reduce stress. White et al even teaches 2 rounded corners above.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to make a first rounded interface disposed between the bottom edge and the first side edge of the only guide ember, in order to reduce stress.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable White et al. (12,290,833) in view of Snyder et al (2021/0079267)
Regarding claim 11, White et al shows all aspects of the applicant’s invention as in claim 10, but fails to disclose wherein the tube further comprises a third tube portion disposed between the first tube portion and the second tube portion and at least partially defining the fluid passageway therethrough, the third tube portion comprising: a pair of curved walls opposing each other along the second axis, each of the pair of curved walls tapering from the second tube portion towards the first tube portion; and a pair of planar walls opposing each other along the first axis and extending between the pair of curved walls.
Snyder et al shows a third tube portion (150) disposed between the first tube portion (180) and the second tube portion (110) and at least partially defining the fluid passageway therethrough, the third tube portion comprising: a pair of curved walls (150) opposing each other along the second axis, each of the pair of curved walls tapering from the second tube portion towards the first tube portion; and a pair of planar walls (108) opposing each other along the first axis and extending between the pair of curved walls.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a third tube portion similar in shape to that of Snyder et al. between the first and second tube portion of White et al. in order to quickly taper the flow without creating turbulence.
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable White et al. (12,290,833) in view of Longo (4,872,778)
Regarding claim 12, White et al shows all aspects of the applicant’s invention as in claim 1, but fails to disclose wherein the only one guide member has a constant thickness along the second axis.
However, Longo teaches a nozzle where the only one guide member has a constant thickness along the second axis (fig 5).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to make the only one guide member has a constant thickness along the second axis for ease of manufacturing and to save material.
Regarding claim 13, in its sue, the device of White et al as modified above inherently performs the method steps of connecting the fluid nozzle to a fluid source (fig 6); engaging the only one guide member with an edge of a component (fig 6); directing a fluid from the fluid source into the inlet of the tube of the fluid nozzle (fig 6); and ejecting the fluid through the outlet of the tube while moving the fluid nozzle along the edge of the component (fig 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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/JASON J BOECKMANN/ Primary Examiner, Art Unit 3752 8/17/2026
