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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species A (figure 1A) in the reply filed on August 24, 2026 is acknowledged.
Claims 8-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 24, 2026.
Applicant indicated that claim 8 is readable on elected Species A (figure 1A). Claim 8 recites the limitation “the plunger further comprises tabs…couplable to windows on a plunger housing.” This feature can only be found in non-elected Species E (figure 11), Species F (figure 12), Species H (figure 16), Species I (figure 17) and Species J (figure 19). The specification discloses, in paragraphs 00067-00068, tabs 310 and windows 315.
Applicant indicated that claims 9 and 21 are readable on elected Species A (figure 1A). Claims 9 and 21 recite the limitation “a wire segment” that can only be found in non-elected Species J (figure 19). The specification discloses, in paragraph 00076, the embodiment of figures 19-20 having a wire segment 390. Additionally, the specification does not appear to disclose an embodiment having both the “wire” (of claim 1) and the “wire segment” (of claim 9).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “third lumen with a wire disposed therein” recited in claim 1 (paragraph 00036 discloses that, in some embodiments, nozzle extension 150 may include a lumen for securing a wire, but no such lumen or wire is shown in elected Species A) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “wherein the atomizer nozzle comprises a nozzle extension” in line 9. The specification discloses, in paragraph 00036, that the nozzle component 110 may include a nozzle extension 150 and atomizer nozzle 155. The specification further discloses, in paragraph 00061, that in one or more embodiments, the outlet tube assembly 125 includes nozzle extension 150 and atomizer nozzle 155. The nozzle extension 150 and the atomizer nozzle 155 are disclosed as two separate and distinct elements. The specification does not appear to provide written description where the nozzle extension 150 is an element of the atomizer nozzle 155.
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 1-5 and 7 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 “a gas” in line 4. It appears to be a double inclusion of the “gas flow” recited in line 3.
Claim 2 recites the limitation "the venturi effect" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “utilizes the venturi effect” in lines 1-2. The claim fails to recite structure to accomplish the function. The structure recited in claim is not commensurate in scope with the function recited in the claim.
The term “fine” in claim 2 is a relative term which renders the claim indefinite. The term “fine” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The spray mist limited by the claim is uncertain.
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) 1, 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Decker (2016/0023225) in view of Fortier et al. (8,033,483).
Decker discloses an atomizer device, comprising:
a head unit 38, 34, 78 having a proximal end and a distal end, the proximal end configured to receive a plunger 53 and to receive a gas flow (pressurized gas; paragraph 0011, ll. 13-14) through a gas inlet 50, wherein the plunger is configured to actuate a valve (valve; paragraph 0012, l. 5) that opens to allow a gas to flow through a gas channel (channel in handle 28 and member 44) in the head unit;
a container receptacle 76 coupled to the head unit configured to hold a liquid 85; and
an atomizer nozzle 30 coupled to the distal end of the head unit and configured to mix the gas and the liquid together,
wherein the atomizer nozzle comprises a nozzle extension 26, 58, 61, wherein the nozzle extension comprises a gas lumen (space/lumen within tube 26), and a liquid lumen (space/lumen within tube portion 58).
Decker discloses the limitations of the claimed invention with the exception of a third lumen with a wire disposed therein.
Fortier et al. disclose a nozzle extension 30 comprising a first lumen 33, a second lumen 35, and a third lumen (space/lumen housing wire 36) disposed therein.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have provided a third lumen with a wire disposed therein to the nozzle extension of Decker as taught be Fortier et al. to maintain a bent or flexed configuration (Fortier et al., col. 3, ll. 28-32).
Note: although Decker discloses tube 26 being generally rigid (paragraph 0010), Decker discloses, in paragraph 0013, flexible tube portion 58 supporting movement of wand 22 relative to tank 24.
Decker further discloses
wherein the atomizer nozzle utilizes the venturi effect to draw the liquid from the container receptacle and mix the gas and the liquid together forming a fine spray mist (paragraph 0012 and 0014).
Decker further discloses
wherein the head unit comprises a finger support 52 on a top of the head unit.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Decker (2016/0023225) in view of Fortier et al. (8,033,483) as applied to claim1 above, and further in view of Laible (8,177,143).
Regarding claim 3, Decker in view of Fortier et al. discloses the limitations of the claimed invention with the exception of a tapered outer surface of a valve needle and a tapered inner surface of the gas channel.
It is noted that Applicant’s specification purports to show a tapered inner surface 185. Figure 5B shows the tapered inner surface 185 with two parallel lines, i.e., with no convergence or divergence. Any constant diameter passage is tapered as much as Applicant’s tapered inner surface 185.
Laible discloses a valve 54 comprising a tapered outer surface of a valve needle 56 and a tapered inner surface 48 of a fluid channel 42, 62, wherein the tapered inner surface is configured to press against the tapered outer surface when closed to seal the fluid channel.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have incorporated the tapered outer surface and the tapered inner surface of Laible into the valve of Decker in view of Fortier et al. to reduce cost by utilizing known elements and to improve the seal.
Regarding claim 4, Decker further discloses
wherein the head unit comprises a liquid channel 62 in fluid communication with the container receptacle and the atomizer nozzle.
Regarding claim 5, Liable further discloses
a spring 82 configured to bias the valve to a closed position. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have incorporated the spring of Liable to the device of Decker in view of Fortier et al. to maintain the valve in the closed position (Liable, col. 5, ll. 9-15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
Prosecution Insights