# Appendix to Appellants Brief — Kress v. Aghnides (No. 508) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386418_1560%3A3 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix to Appellants Brief - **Published:** January 1, 1957 ## Text ~ A a ft Hee 1 iy Hele A He a: al as a2 aay in di Z HETH ; : = oS i Ai + fy ity ie Huei | | i’ PER Hit | ‘i a i} Ht | i Hae ats Hil Fill Te a 2 App, 7 2316832 WN 4 : : AY, | SSS NJ > TZ. LVDLQHo«3 Filed April 5, 1940 April 20, 1943. iY —————— TY, ALktithhdhthhhhhh. ok GG) ONO GO SNP (A il D> IN RS . Cm RI ATTORNEY, — os Vt INNIS ANNAN * AAS ys SS NAAN =i >, | ae | / , AN AANAAAAARNS ZB Tar , s ; S>. , VR ae a eae ; s ; } a °* . * ; © ; . ' N . ; : ; Ss , Sn) SOY f LR : Wy a | SSNS WANS NAN =the mo SS >») q , - y I] ‘at Ay : s ~ a 4** 8 = . “> —— BAK KS Rees yy nee a ~w (/ eeraaaaes, ee 25ich air Bitht - ( ob n UNITED’ STATES PATENT OFFICE a i advantages not found in the ordinary water jet. speaking, my~ in¥antioa consists’ _ and five spaced wire screens 31, 31a, 37b, 31c, and i : At the upstream ‘ce Gen gees ier tal toe oat bo end of the chamber is an ape diaphragm 20 livered from the outlet end of the device. through which the stream of water is adapted A similar result is obtained when instead of to be forced into the chamber with substantial the restricted orifice upstream of the diaphragm, velocity. An air port opening into the chamber ,# ‘second foraminous diaphragm ag 23, Fig. 2, is provided through which air is induced by the preferably with greater aggregate cross section after it leaves the : - fore it discharges at the outlet end, for finely phragm can be used together for a more uniform breaking up the stream of water which is thor- flow of the bubbly jet, sy oughly mixed with the air. — 30 This ap ' nm in part -of . Means are provided for thereafter uniting the my applications filed Dec. 31, aerated water to form a coherent jet having small’ 1937 patented August 6, 1940, Number 2,210,846 bubbles disseminated throughout the jet. This. anid Ser. No. 52,923 filed Dec. 4, 1935. _I claim: 1. A device for producing a jet of water con- ‘10 undieieaes Seach Oh Lebiieg & dhhate anion on ; from the screen, to forma coherent jet. Referring to the drawing Pig. 1 is. vertical section of one form of my inventiofi’,. -— Figs. 2 and 3 are similar sections of modified ‘forms. , "In Fig. 1, [ employ the same typé of rubber tap connector 2 ag in Pig: 1 of my aforesaid patent, except that:I provide a constricted orifice A, ne -ebove the upstream diaphragm (6, taining air bubbles comprising a chamber the inlet end of which is adapted for connection with “the discharge end of a faucet.or the like and the outlet end of which is adapted to discharge “40 aor an apertured diaphragm at the upstream. end of the chamber through which /water is | adapted to be forced into the chambér with sub- _ stantial velocity, an air port opening: into the the air inlets + terminate close to the surface | ‘wate In Pig. 2, I employ a screw coupling 21 having § inlet end of which is adapted for connection with @ restricted orifice 22 for connecting my device to 66 the discharge end of s faucet or the like and ‘the i a , m Lt aa ie ti iif i : §33 a1 # Hil ql a | aul ne —_— s— © sie _ Minitetére de rindustrle, 1° ball : des Classes Moyennds tt de Commerce cw Widrleur ar ——— : . Direction — ae Vndestri | ‘ VICE DE LA a orem - ON. 4 of. fog _BREVET D IN VENTION Et ; fe Plaintiff 8 Exhibit 13° Vu te Tol dis 24 mai 1854; e! Va be eeietn nat dninnt le. au « Grebe du Gousernemen provincial de Broboot ; beanie. 9 nei 11. ROYAUME | DE E seLcique G: a oe 19GB ADA SOL, ar = “ARRETE : | “Article 1 ~ Mea déllord 2. - 6. Say IOS & ANG, Nake aah , ‘ wn brevet sielicna pour :.....:. 2 ye ows. : A... ae Beale wat. oe Dian: phdirnsnna...04,, tata hendanaa.. r ° = 1 | eet aaah mse a Raced Shh elaosd tans: enssnns: gata, Wiese sames'eh pti | ees sisi caseieat de he réalité, de'la nouioeould ou du mérite de linventin, solt de exactitude ae de la description, oi sane prdjudica du droit dev thers, ae ot dhe bitind init dante teden tk diet Ue te edith Ai Pistin eC eee {> a . ~ . Bruxelles, .. | seeeeee & ta fanaa | loss, . Pies to: Siiiened oh ear abtiiaten + ae "Le Disecteur, oe ; BS Ben we Rk mos rt uri QO 3 tJ Plaintiff's Bxhibi HENS “ a - ber tll oe POP? AAP Om me Plaintiff’ s Wxnibit 14 2. App. 15 This ‘process. can “be realined in different ways ont rmits for certain applications such as thé water soften- e installations, and noticeable. simplification of said installations. In a non-limitative series Or examples, | the drawings : represent: gare, -axial- section of a ‘device of water aerator in. “a domestic conduit. Figure 2 to 5, several schematic realizations of variants. Figure 6 is a ‘schematic view of an installation (domestic or other) for the treatment. of fluids, for instance, water softening; and Figure 7 is an enlar ed view of the: aerator of. Figure 6. _¥igure-6-is 6 variant of Figure 6. ? In Figure 1, -1 is a pipe of water under pressure, for instance, and 2 is a faucet of.any type. At the spont end of the faucet: is attached a tubular membér 3; the assembly’ ' can be done in any manner providing it is watertight, and — in the example . shown it is realized by a special con- - . nector 4 known as self-locking. The facta member is ' . elosed inside-by a transversal wall 5 pierced with holes 6, | the purpose of which is to divide the water under pressure in order to increase the surface of contact between the water and the air; the total cross section of the holes 6 is smaller than the total cross section of the spout‘and of the _ faucet. Downstream the wall 5, the lateral wall of the - ‘of said crown being necéssarily bigger than the’ diame- _ ter of the total cross section of holes 6 6. The function rT easily understood. 9 designates schematically two sieves or dividers of any type with a view to create one or more: chambers and inspre the homogeneousness of the mixture - before it is di The wall. 5: can offer a total section of flow eqaal to that of the conduit downstream (Figure 5). sth the ales 7 can be. re by a complete interrup the babalae all, as shown in "Figures 2 to'5. In "9 the conduit downstream 20, larger than the senthiae noth Ry ' terminates opposite to it by a convergant-divergant part — 21. In Figure 3, it.is multiple and comprises several — | - erowns at different levels for — admission of-air; in | ' Figure 4 which corresponds to Figure 3, the two conduits. __ thecone upstream and th ownstream, are united by ay coHar, 23. p ing the _— of air. ) b y Y '3- tabe 3 is pierced with a crown of holes 7, the diameter*..\ ee “4 v) . “ : | ‘ — . r ‘\ . G 3 , e bP rey eH) t xa: a : | ok ic Note | a ee ee ae Sree Pages 15-14 not . re present; no other copy of Record is available sae 2 App. 16. . Plaintiff's : “ISxhibit 14 | me eas, q In Figures 6. ead 1, 10 designates | a > hee ‘eilastas = - which is intended to soften the water traversing said - mF mae such a - anduovoe! softener is of course well known. The. use of these water softeners i is expanding more and more in the domestic economy; they are con- | nected simply to the mut els \the aed 1 of the con- — ~ duit 12 carrying hard water. Up ‘to .now, however, these © installations had a shortcoming ; ; the connection between the | softening reservoir \10 and the faucet-11 is made by a _ flexible rubber hose 14 and between said/flexible hose and | the faucet 11 one has-to insert a faucet: ‘with three outlets, . the handling of which permits. the water coming from 11 or the water coming through the water softener and discharg- _ ing through 15, or deviated’ by the faucet-with three | *. outlets, for being. used as. such without: softening. These = } faucets with three outlets are relatively expensive to : make and are fot always watertight; moreover, they move too often the rubber. top connectors during the opera- tion. 4.5. Accondias to iia invention, the faucet with - three outlets one away with and replaced .by. a 0 To faucet 16 ireotly mounted on the water' softener 10 _ the®fducet 11°the device shown by Figure 7 is .attached and corresponds. to’ that of fein 1, with the ‘difference that the slots or crown of holes are formed in a circular” 7 chamber by a pipe 18. In Figure 7, the wall 5 is eliminated, ~ as a variant; the converging conduit 17 opens in the diverging conduit 19 which is connected with ‘a flexible hose 14 which itself is connected to the’ faucet 16. ' Between the two conduits 17-19, exists a free crown 13. comminicating with the end 18. for the admission of ee air aspired by, the column of liquid. . : } _» -When the two faucets:11 and 16 are opened, the water passes throngh the reservoir 10 where said water arrives . charged with air; the faucet 16 Being closed, the water is - dischar through 18 hard as itis. - For the same application, one can provide the ‘device 6f Figure 8 which permits not only. to send aerated fluid % fowards the water softener 10, but. also to obtain directly: 4 aerated water when the faucet 16 is closed. In this | or of Figure 8, in — the rubber connector | 25 is mounted directly at the s spout 0 of the faucet 11, the pipe carrying the-water under pressure 26, opens in . the chamber 27 whigh is baad on the one hand on. the oe 4 oh ae Plaintiff's Exhibit 14° App. 17, - vided with dividers 3o¢° Bee ns oe ae "4, ‘A device for mixing air to a, column of liqnid under pressure in circulation, comprising in combination an air a free section immediately upstream. port in the column and.the means downstream of said air- port for obliging the air-entrained to mix with the fluid under pressure, the section of: the conduit at the point of | - gaid air duct and the section: of the conduit immediately ' downstr of said air duct being larger than the total — - : . "2. A device according to claim 1 characterized in that _ said means is formed by one or more baffles located in the © downstream part-of the device. Bet do | . _. 8. A device according to claim 1 characterized in that said means is formed by a prolongation of the downstream | part of the device. bine mre 7 ; —— “9 App. 18. Plaintiff's Exhibit 14 | a. A davies according” te ani shinies in ‘that ‘the column of fluid is divided, immediately upstream said air duct, for instance, by a perforated transversal. parti- tion, _. §& For a dévice according to claim 1, a connector pro- App. 24 Bes ‘Plaintiff's Exhibit 15 ! part, Siinatitiactinenh olen 37 of expanding @roancpection | in - @ downward direction ase—piarcad, in order to divide. the exert a suction through ‘the ducts 25 and 3ta -g diametrical portition. 38 ix also provided at the level - where the ducts 35-36 open into i+ the hody 3°, and at this point, the body 3°*,- streaming seetion for the fluid. under pressure immediately up streain said passage, (the means . for obliging \the fluids to mix. together comprising ‘at least‘ two perforated plates -up stream the eseape opening: ° of, rag hollow bedy, these plates being spaced from each other.) Se Pes Ssh G Pecuete rir. BX 4 A device for intimately mixing at least two Auids, one. of which.is under pressure, comprising in combina- om tion a. hollow cylindrical body ‘connectable to a devilery- pipe of means for controlling the free secticn of. these. holes, means. ‘up. stream. said #Hiie- erewn-of-holes whereby the sti yea of fluid under pressure | is ree into separate Atredms, A. diametricat partition oe Piaintitf’s Kixhibit 1) | 2 App. 2 ‘in the hollow body, dividing the space surrounded by — satd the-erewn-of holes into separate chambers into which flow the separate streams of fluid under pressure, means : down ‘stream this partition comprising Jongitudinal di- > verging holes for the fluid under pressure and the other fluids means. down stream this means for mixing all the fluids together before they escape from. the hollow body, . _ the sectional area aera of the hollow body, at the point _. where the crown of holes is provided, and the sectional area. aera of the hollow body immediately down stream these holes being Jarger than ‘the free streaming passa for the. fluid under. pressure immediately up stream satd first this-erewn-of holes. - 3 Rane eg : 10, .A device for intimately mixins at least two fluids, -. one of which is under pressure, comprising in combination — a hollowccylindrical. body connectable to a pedi ae of fluid under pressure, a passage-way in the wall of said hollow body, for admitting a fluid to said body said © ine~connected to a closed, space contain-_ | ~* ing a fluid to. be mixed to the fluid under pressure, means, - ‘down stream this passage-way, for obliging both fluids to. - - mix together. before leaving the hollow body, the cross- | section . area -aera ofthe body -at the point. where said passage is made, and the cross-section area -aera- of the ody immediately. down stream this passage being both larger than the free streaming section for the fluid under pressure immediately up stream said passage. _ es _ ITA device for intimately mixing fluids one of which | is under pressure, comprising.in combination acyln- 12 drical hollow body connected to a delivery-pipe for _._ the fluid under pressure, a. passage-yay in the wall _ of the hollow body, connected to a rig! duct opening jin © ‘free air, means down stream. this pissage-way, for oblig- ing both fluids to mix togetherbefore leaving the- hollow - body, the cross-section argaanera of the body. at the point _ Where said passage je“made, and the. cross-section area _. aera of the body-immediately down stream this passage _ being both lgrgér than the free streaming section for the © _- fluid underpressure immediately up ‘stream. said passage, _ & pipe connecting the free end of the hollow body to a Aa and a tap a 2 entrance of thi iV Bess | Bo + Elie Aghn ik é ides Cj) | ____the United States 2 App. 30. Plaintiff's Exhibit 15 | fe es 8 OATII American Consulate ) es Brussels, Belgium . 24 Elie Aghnides,. the nhove- named etitioner, being sworn ; - (or affirmed), deposes and says that he is a citizen of. the Greek Republic and resident of Brussels, Belgium. that he verily helieves himself to he the original, first .and sole inventor of the lin rovements in Fluid mixing. devices in which one of the finids is under pressure. described. ~ and claimed in the annexed specification; that he does not know and does. not -helieve that the .same was’ ever ‘nown or used before his invention or discovery thereof, .or patented or described in any printed publication in - any country before: his invention or “discovery ' thereof, or more than two years prior to this application, or in public use or-on sale in the United States for more than: ‘two years prior to this application}that said invention _ has not been patented to himself or to others with his -_ knowledge or consent in this or any foreign country for — more than two years prior to this application, or on an — application for a patent filed-in any country foreign to. by_ himself or his legal. representatives: or assigns more than twelve months prior to this applica- — — tion; and that no application for patent on said improve- -- ment has been filed y himself or his representatives or: sassigns in any souniee foreign to the United States, ex- © cept as follows: Belgiun, “December 8th 1934. ee (Inventors Full Lata ‘Aghnides. Sworn to and subscribed before -. ‘vember, 1935. ae PS /s/ Janson: Gilbert ~~ ' (Signature of U.S. Conaad. , Vice Consul of the United States: ay gel dh ... . .- (Official Character) American Foreign Office ee Ses ~ $2.00 Fee Stamp : this 23rd day of No- ante Q Plaintift’s Exhibit 15 Phe } te ¢ 529 as | be oy n ades | | At lormey. rs _— t ee rary th Ae’ raaw| Meae seg se ae S = Nee ee, (B2r.3 oor Vy 2 App: 3 3 —. Plaintiff’s Exhibit 15. AO oN 5a Ee ae ee - Letterhead— DEPARTMENT OF : COMMERCE United States Patent Office | Was hi f ! 3 mY ~ dna: hatin’ a communication. from the Exaimner 3 n:- eof this seplienies, ee Conway P. Coe. ae **. Gommissioner of Patents ae Pay ee SS lial lie Elie Aghnides eden ——~ vg My eg | oo A> Se Plid sh Devices in | ee Nee Bees Which One of the inids Is Un a . - - ae der Pressure: ie “(Prank S. Al ie ee | | (Frank 5 Ape _ eae ee ee Washington, D. ¢. : eas hte ae Teeny: -— @ ee , References: parca eae = 5 = Heaton : 587,203—July mh 1897261 66 xr 261- 16 British. patent wi) -382,542—Oct. 27, 261-76 - Se _ (specification, 3 pages, drawings, 1 sheet) : : _ Ferguson. : . 591 ,830—Oct. 19, 1897-261-60 xr 261 -76 British patent. to Weidmann | 900—A.D. Nov. 9, 1909°-261-76 pe Specification, 2 pages, drawings, 1 sheet) - Bassler 944,952 Dee. 28, 1909—128.16° xr: 261-76 ~The description is filled with miss led words and — “grammatical errors and should be carefu revised line by oh tie ol — page 1, teeth 9, tied tine ie e is incorrectly spe ine 16, emulsed ” should be emulsified, ete. The claims are ‘indefinite and for that- reason) it. is not ~ -. possible to determine accurately upon which embodiments | _ they read.“ For example, claim 1 and others recite that. . the passageway in the wall of the body is ‘‘connected to | a space ° * * etc.” Is this intended to limit the claim to those embodiments showing \ an actual pipe connection © such as 18 to 35 or’is it intended to read — such forms | aaa : 3 } 3 7 os re —,? ¢ . ‘ z é . uv a rm fe P Paints Hxhibit 3 | i 2 App. 33. Claims 2 to 4 ond 7 be: is are clearly readable only upon cae "figs. 7 and & : Claim 6 is clearly readable only np a te t: ~ Claims 1, 5 and G-anay -be ke. that the term ‘‘connected to a space, etc.” has 16 onl the significance that the holes are open to atmos- . British patent 25,900:0 ‘shown in 5 ie injector H. | ‘ _. : Election is required between dain. indicated as specific a, - . to: figs. 7 and 8 and claims indicated as specific to fig. 6, phere or to another fluid. - CE OE ted as not patentable over ft in which a mixing. screen is - and these claims -are not acted upon at this time under . - Commissioner’s Order 3254. oS . The other art cited ‘is for applicant’s. information. a , icin ks 3 | ee 3 _ J._A. Bartholomew en tee . oy (9) = . eee Le per fs Be rr ‘: a eet 6) My oa oo _ Amendment 3 - “Mail Division - .” Aug 10.1936_ ce : US. Patent. Office /. INTHE UNITED STATES PATENT OFFICE In re application of: Klie. Aghnides, - . Ser. No. 52,923, Bere 7 | ‘ Room 4086" _ Div. 32. iled Dee. 4 1935, Kor ‘Fluid. Mixing’ Daviess in which | one of the ae Fluids is — Pressure. | Sir: as . Patent Office— Aug. 13, 1936—Division XI : Hon. Commiosioner of Patents, Washington, D. C. ages In response to the Office action of Feb. 10, 1936, -kindly — ‘amend as follows: - Page.1, line 9, cancel “to” ‘and insert —with—; line : 13, correct the spelling of Sarina aa 16, change * ‘emulséd” ‘to —emulsified—. ~~ Claims 1, 5 and 6, lines 4 and 5; snd Gaime’?, 3 and - 4, line 6; cancel ‘‘, connected to'a space containing” and insert —for the admission of—. : | - | a in. charge of this application. 2 App. 34 Plaintiff's Exhibit 15 °° + - | Claims 7, 8 and 9, fine 5; clnizn 10, line 6, cancel ‘‘con- ; | ~ nected to a. "closed space containing” and insert —open for ~ ‘the admission of—. | Claim 8, line 7 and daim 9, ye 6 and 7, cancel “being - connected to another closed space also containing a” and. insert —also open for the admission of a séecond— | Claims 1 and 6, lines 8 and 9; claims 2, 3,-4 and 10, - lines 9 and 10; claim 5, lines 7 and 9; claim 7, ‘lines 8 and 10; clajm 8, lines 17 and 18; claim 9, ‘lines 18 and 19; and | claim ‘ lines 7 and 8, change “aera’? to —area— - hy. - Cancel claims | A, D, 6 and 11 without ieee 4p ". eitan 6 The ‘Examiner’s ation: of the eleinis is not under-. stood. Claim 11; not claim 6; would seem. to be the sole claim. reading on Fig. 6. Note thre recital of the tap 16 ~ Inthe last line of claim If. As. claim 6 is later noted as 2 being generic, evidently: claim 11 was’ meant. The objectionable language ‘‘connected to a space—ete.” has been corrected ‘and the meanipg of the elaims should « ‘now be clear. Other. formal corrections ‘to the specifica- tion.and claims -wil]l be. made ‘upon the indication of allow- = subject matter, —- ee. : Claims 1, 5,-6 and 11 have been. canceled and an action SS on the merits of claims 2-4 and 7-10 is respectfully ie * quested. ~~ ee ey Respectfully subniitted, : > : Claims 2 to 4 appear to. read upon Figs. 1 and 8. In - claim. 7, to what does the staggered passages refer? As | 10wW viewed this expression appears to limit the claim to Rig. 3 although the description does not call these passages |. a eae TE Erne ei ee Incidently Fig. 3 bears no reference numerals, which is * also objectionable. ° mates ae Meee Claims 8 and 9 call for ‘‘a crown of holes.” To what - does this refer? Holes 7 of Fig. 1 are called-a ‘‘ring of holes.” Perhaps this-is what is meant. But Fig. 8 20 shows only two holes. These two do not constitute a “crown.” However, Fig. 1 does. not show separate holes connected to separate fluid sources. It therefore is not apparent how claims 8 and 9 can be read upon any pre te onctery Bae ca ats ) Se | - -Claim. 10 recites an ‘‘elastic duct”, ‘‘eonnected to a closed space”’. Upon which figure is this intended to read? Apparently the only figure showing an elastic duct is Fig. __ 7 and this duct 34 is not shown as leading to /a closed . 2 App. 36 Plaintiff's Exhibit 15 ‘ipelinitine. claims 2 ne 4 are for allowable subject. _ + Matter, and readable upon Figs. 1 and 8 only. © For the reasons indicated claims 7 to 10 are held to be not readable Upon any figures and are rejected upon that ground, _seeerety éonsiderable revision of the drawing and claims is. going ‘to be necessary. Rule 50 requires thatthe . drawing show every feature c simed. This requirement is not satisfied by building up the claimed structure from - selected features picked at random from some half-dozen _ 7 eee embodiments. : ’ : H. A. Armstrong : Acting Examiner | oe . } Roy Letter to iitleenen ‘ oe, | Ag. 8 Patent Office By: ee “(Stamp—Apr 27 1937° Division XXXII) IN THE UNITED STATES PATENT OFFICE In the application of | it | Elie Aghnides _ Be ieee nt Ser. No. 52,923 - . ig Diy. 32 Filed. Dec. 4, 1935 | _. » Room 4086 ixin evices in. which . ‘One of the Liquids is under Pressure : | | | . |: LETTER TO DRAFTSMAN Hon. ‘Commissioner of Patents, ar as - ‘In the application of | * Elie Aghnides | Ser. No. 52,923 = . Sai ~ Div, 82 | Filed Dec: 4, 1935. Swit fs G) ice. nce ae lie cae xe a \ \ App. “6. bain iixhibit 15 | ne iat As amended aint :23 and 30, 1937. Permission to amend. the drawing with res: spect to. 5 Fie. 1 and Fig. 3 is not-granted. There -is nothing in-the | amended specification to indicate what 9 and 9b are sup- ment is held to be new matter. | The case now contains claims 2, 3; 4 and 7 to 10. SD nsec, 2,- 3: and 4 are-held to read upon -figs. 1 and. 8 m 7, 8 and. 9 could not ‘be amended as directed since - . the claims do not contain.the words “container for a”. It is impossible to tell wat applicant wants to have _ cancelled. As near as the examiner can determine, claim 7. reads | 7 only upon figs. 1 and 8 also. Claim 10 does not read upon any’ ‘figure. Which embodi- : ment shows. ¢ylindrical — andy connected to ‘‘a delivery pipe of fluid under pressure” and also to ‘a closed space containing a fluid to be mix aa to, the fluid under pressure? The examiner can find n structure-shown. . the -art of record: that. the -prosd: oF iden, of asp fr broad of idea of gehen He gas. into a liquid'stream is _| 96: old in numerous structures similar to applicant’s and at any invention in this case lies in specific details f- the aspirator. Applicant has shown some eight forms ‘of aspirators. It is obvious that these cannot’ all be covered by a generic claim. posed to represent as amended.. In any he gree Boar > ~ ment does not show “two perforated plates” as descri es ' in the original description. This portien of the amend. _ From the present informal condition of the claims it is : not possible. to tell what species they are intended to - cover but it is clear that none even purport to be generic. - For example, none purport to:cover figs. 2 to 4. In aceordance with Commissioner’s Order 3254, to which _ applicant’s attention. was. previously called, he is required to elect the referred species in his response. - He‘is further required to rewrite the. entire specifica-. tion -and claims 8 to 10, as these claims, as well as the. ~* specifications, are substantially unreadable because of i numerous amendments. . After two office actions and. two responses the case does. not a IP to be. sufficiently clear to enable the art to be appli ‘pear in the case and no election of ee has been made, n any intelligent manner. -No generic claims ap- ECA ISy OM EET TY RE Ne ih Sac casei lS ld ae a —- a | oe lalate Mexhibit 15°" - 0.2 App: 47 ~~ A new direction should be sent for amendment of thé - drawing, omitting the parts which are’ for new matter. © 3 In view of the informal condition of the case’ an early “response ik-urged.© = Plaintiff's Exhibit 16.0 | a6 “(Stamp—-ULS; Patent Office Dee, 31, 1987) Dee SEBTARHOS . -—Cheek—30.00 | a a | DE YETTION To the Commissioner of Patents: , Your petetioner, [el 3 AG IINIDES, | a citizen ‘Bt the Greek “Repidlic, and. ar resitlent. of | Brussels, Belk gium,. whose post-oflice adress is 609 West 156th SL, , New York. ++ : prays that letters patent Way ® granted to him for the’ in- vention im FLATD MINING DEVICKS, set forth in- the. | annexed specification; aid he hereby appoints KRANK-S: APPLEMAN, of 1331 G. Street, Northwest, Washington, ~~ D.C, this attorney, with full power of substitution and revoention, to-sign the drawings, to prosecute hi: is applica- — tion, to make alterations and amendments therein, to re- . ecive the patent,-and to prgsecute all business in the ~ dt vaterit Office connected therewith. . : | Blig Aghnides | (U. _ Patent Office: ban. Ao 1938 Division XXXII) | SP 1s CUI ‘ATION | | TO Alda, WHOM iy MAY CONCERN: * lie | BE IT KNOWN That L, tal AGIINIDES, a citizen of the New York A tree —Repabtie; residing at: New York, Bnssels Belen, hive invenfed ecrtain new and useful | - Simprove ments a Ib ULIN. MIXING DEVICES , of which - the following is a specification: s 9 . ‘his invention relates to a deyice for intimately | — Inixingoa gas witha hquid, and ordinarily i is employed for aerating water. This application is “a continuation ‘in part of niy eartier application Serial No. 52, 923, filed December 4, 4935, ° Broadly speaking, my invention consists “ a ‘device intended to be connected to a’source of liquid under pres- ‘sure, such as an ordinary water tap, and ineludes ‘a cham-_ - her provided with one or more apceralures -an—eperatare through whic h the water is foreed into the chamber with . ‘aubstantial Volve ity and as a result, the Hquid stream has very substantial kinetie energy Proper openings are “provided leading: into the chamber from the outside ¢ air e = uit : . . App. Bye Plaintiff’s Exhibit 16 of Metin means hatte far-enneinge-the- isthe “angeeffeat is a fine sereen locaited. itt, the outlet, and [ have found, ? yO aw Tatts os 4 +H that even better results can be obtained if two or more superposed seréns are used in - the outlet discharge. f/m that case the rst sree serves as @ ballle and also serves to. Subdivide-sémewhat. the air bubbles, “while the second, sex serves principally .to° cause a further subdivision of the air and _the water bebbles. - size*or the mesh ‘employed is not critical but I have > tained. good resnits where the holes. in the screen meas- ured. about’ .6 square millimeter end+he-eater: My invention ean readily be understood by reference to the accompanying drawings, in which Fig. } is-a. sectional view of a device cmbodying my invention which is shown - as attached to:an. ordinary water fauect through the medium of a conneeting device such as is described in my Patent. No. 2,071,780; Mig. -2-is a sectional view. of a de- vite adapted ‘Lo be serewed ite: an ordinary water pipe; Fig. 8 is a section on Jine 3—3 of Fig. 2; Fig. 4 is a sec- ‘Sonal view. showing a further modified farm; Figs..5, 6°7 and S are additional sectional views showing . fur ther modi- fications; and Kig, Visa section” on line 9—9 of Fig. 8. | Referting now to Fig. 1,° 10 designates an ordinary faucet or tap. 12 isa tap connector, the operation of which is described in detail in my patent above referred. to. 14 is the casing of the mixing device enclosing the primary mixing: chamber. The perforated, sereen 16 admits the water into the easing 14.in the form of a plurality of jets. & ‘N plurality of air ports: 18 are provided for admission of... 4 air inte the interior of the casing 14° 20 is a sereen at © the lower part of the casing, and below the screen 20 "othe casing narrows to form a passage ea = 5 When the water is tirned thro his device, if 4 the faucet is only opened s y so that very Hittle kinetie energy is develo vith the water as it enierges. | from the perforutiops-—™m sereen 16, the water will come, | out of the disghafge 22 in a perfectly normal manner. 7 ~~ Plaintiff’s Exhibit 16 2 App. 33 - ; Q - > . a Sha : However, as the water: pressure is increased. and_ : velocity increases, the water emerging from_theperfora- ‘tions ef sereen 16.will draw air into. thethamber through - the ports 18 and this. waters riking the screen 20 at comparatively hig TOcity will splate +nio— —Ghambergud > | Plaintiff's Exhibit Mey App. 6 61 oe 18 ee (Mail Division U. ‘Ss. Patent Office Der. 31.1937).- : | In tHe Unrren States Patent Orricr 7 0 In the application of . i. 7 | “ae ee : Blie Aghnides_ ~ Filed herewith — (U.S. Patent Office Jan 10 1938 Division. XXXL) , Hon. Commissioner of Patents, Washington, D. C. orators er ei ak Sire: 9 : In the. last rasoeitiad of applicants case, Scrial No. : 52,923, the Examiner called for the -re- writing of” the - "specification. In place of.-doing this, a. continuing appli-.. | cation is being filed so as to permit some changes in the | drawings and to avoid any issue in regard to new matter. As regards the claims now submitted, the only Tefer- - - ence of ‘importance. that previously. had been cited . ' British Patent No. 25,900 of 1909. “ ~ Superficially it might appear that this patent. ‘shows : ae structure embodying the principles disclosed by the pres-— ent applicant, but:in fact this is not the case.. The essence. ny 3 of applicant’s’ invention is the use of the kinetic energy - i ' . of the water in the mixing chamber to cause a splashing - . - water and the air. An examination. of the. British © 19. patent shows that such an effect will not be had with fine aperature at the top and enlarges at the bottom. As a. result, the/ water coming through this nozzle will spread out: into. a cone. The sleeve f is-positioned very close to - the nozzle /e.and is so shaj ‘that water will tend to _ © move over the face of this.sieve with a minimum of. splashing action. It:is also é6bvious: that: the inflow of ° &* water mast be.so controlled that’ substantially all of the _ pass through the sieve readily, it ‘would result in filling up the space above this sieve. and instead of air. bein am in, the water would back ap arfd go out:This dif- that it does: not cause an abrupt change in the direction ‘of movement of the water. It is recognized that it might not take many changes to cause the ‘structure of the | _ British cic to operate in a manner, similar to > that of and splattersng which leads to a thorough mixing of: the. | the structure therein shown. The nozzle e-hasa.very _ . water will be drawn directly through the sieve f and not ae ; _ to be deflected back, If theré is more wafer than will .. . ference is due to the fact that the screen is so-arranged pe | applicant, but these changes: wouka demand a recognition | . | ~ >a . 2 App! 62 sig ing Ua Plaintiff's Exhibit 1 ° 2: ~ #) ; ofathe principles which this applicant has been thie first to enunciate and these principles and: the changes that would have to be made are in no way suggested by the British patent. It may aso be. noted that the vessel -a’ in this British patent is maintained under vacuum by the action. of the ‘very efficient water pump. ilfustrated on the left: of the | drawing’ (The pipe g is connected to thé unlettered pipe which léads into the sphere in, the middle-of the appara- tus). Because of the vacuum maintained in vessel a air will be positively drawn iin through the top of tube. b and this will. further serve to force water through the sieve 'f and prevent this water from splashing | in the manner which is essential to the operation of Spphi- eant’s’ device. | None of the remaining patents are pertinent and there- fore they-are not discussed in detail. | Of the claims now ‘submitted, Nos. 7, 8 and > are sub- ‘stantially similar to former allowed claims 2, 3:and 4° — changed only to simplify.the form.. The remaining claims. have been drawn with great care to avoid any objection. 9 the ground of multiplicity of species and to bring out . : | . factors of novelty. discussed above. - : Ee is believed that this application. is in condition for immediate. allowance. - \ Respectfully submitted, Dec. 31> 1937. N Frank S. Appleman _ | ok + , Attorney for hiulieent,. - 91 | - (Application Div. U.S, Patent Office. Feb,. 17°30 fs y ‘IN THE UN . a PY i Plaintiff’s Exhibit 16. oc. App. 63. ‘ oe . Page 3, line 9, cancel “splashing effect” and fanart breaking effect on both liquid and air—. Lines 18 and 19, cancel “it is splattered into droplets and mixéd with air” and insert—both water and air are broken up—. Line. 25, . cancel “splatteririg” ak it ie | Line 28, cancel “from the apertures to splash. back” and insert—and air to be broken up—. Line 29, cancel “togmix with the air”. — Cancel: line 30, and insert—finely subdivide ‘the air and ' the, water passing through it. For this—. : ~ Page’ 4; line 4,. cancel “somewhat”. Line 6, gancel, “bubbles” ‘and insert—and the water—. But an importaat feature which 1 have found ab: aly necessary and critical in {k€ use of such ‘baffles, and mofe pa partjonlarty with thé use of screens perforated plates, /is that the/@ividing or breaking up effect must be considerabjey while the re- ~— sistance offered by the solid mgéérial of the baffle . . 22° must be as low as possible.. Ji s can be obtained by 2 reducing the solid. parts yefhaining among the holes — of the perforated plate as jafich as possible in order that the little streams of weter issuing from the holes join immediately each ofk€r to form a single jet and not a plurality of jets 2 it occurs by. the use of ordinary per-_ forated lates Due to. this very low resistance of the baffles, the“air drawn in by the water passes almost entirelythrough the” holes and, as the water forms ‘a singté jet, this air remains imprisoned in the form of | Mr bubble n the column o = Page. 5, line 10, cancel “splatter back into the . cham- ee and”, petal | -. Line 11, cancel “thoroughly mixed with the’ air” and insert; finely divided—. - ie * Please add the following. claima: PAWS. Wee TES —16 J®. K device according to claim 1, in whi _. baffle means comprises .a_ perforated ‘plat 0s across the discharge from said chamb plate being of such constructio siderable breaking up e it has a@ very con- and that the solid parts remaining among t Oles are reduced as much as pos-_ Sible in ord offer a resistance as low as ‘possible ) ure the formation of a single jet at the issue is perforated plate. : Pa a — 2 App. 64 Ss Plaintiff's Exhibit 16. ora A device according to claim 6 ‘wherein-the-per~_. _forated member i cmbedded-in-a peripherical groove of »_ rubber-conmhecto} onnecting. ‘ casing ¢ he tance After the case is. allowed, please renumber claim 15. as 8 5, and claim 16 as: 7. : Respectfully. submitted, : ee Bhe Aghnides oe Hen _ By Frank S. Appleman | me Frank 8. B cparmee! seeped | February, 17, 1938. | A/W : mide es ee S| 93 Div. 32... Reom 4086 - te _PRN/e ee | " Davantuaget OF Canario. United States Patent Office. | . Washington : Plrieni find- below a communication. from the EXAM- INER in charge of this application. Ke ~ - -Conway P: Coe, - Commissioner of Patents | (Mar 21 1938) Frank. 5. ae : Washington, b 4 App leant: Fie wahnides ire mie. Teena hee . Filed . Dee. 31, 1937 2 lt Shon Pid Mixing Devices ji amended Feb. 17,1938 : References: Felten et. al (British) 6, 012 A. d, Mareh 12, 1909 ‘261- 76 (1 sheet of drawings) — : _ Hieffmann (British 125,809 May i 1919. . 261-76 (specification, 5 pages, drawings, 1 'sheet) Ryles et al (British). 328,924 none 5, 1930 261-76 (specification, 4. pages, drawings, 1 sheet) 3 -Weidmann (British) 25,900 Nov..9, 1909 261 16° (specification, 2 pages, drawings, 1 sheet) : _. Claims, 1 to 15 are rejected on British patent. 25,900 herein as shown at h° a perforated baffle breaks up the mixture of gas and quid: The liquid nozzle h' also a . - pears to be provided with a anereres screen below. i ‘Plaintiff's Exhibit 16 | 2 App, - ; The plurality of screens bination no distinction over .-: single screen. | Claims | ta 15 are further rejected on. Felten et al die ing particularly a plurality of gereens for the purpose set forth. No invention is involved in cet Ais the liquid ports especially in view of Ryles. - 3 Claims 15 and. 16, filed Apr. 17, 1938, are "renumbered : 16 and 17, — Claim: 16. is rejented as functional and - tudefinite for -. beyond a mere perforated plate. the limitations refer to matters. of operation not supported ‘by said plate. The terms are such that no one could pessibly decide whether - they infringed: or not. The language .“as. much as pos-— sible”, “as low as: possible” is especially objectionable. - That “single jet is fiially formed” is not supported by : | any of the previously recited structure. 24. Claims, 16 and 17 are rejected on the references — to claim 1 for-like reasons, Claim 17 impositively adds a rubber connector, This, if a part.of the alleged inven- - tion, must be positively set forth. However, no difference --of material will constitute a patentable distinction unless it supplies a novel functionsnot obvious from the known __ properties of the niaterial. Claims 1_to 17 are: ‘Tejected- PAN cae ee | /s/ Fish D.,. Can ae eatae mre aye on ~ Examiner. e - | Amendment B ! (WU. S. Patent Office Jun 22. 1938' Division XXXII Paper No. Jun 21 1938 Division 89) - 7 IN THE UniTED Srares PaTENT Orrice In the application. of Elie A Serial No. 182 884 , Div. 39°. ‘ Filed December 31, 1937 | aon ee es = Fluid Mixing Devices | : = ~ Hon. Commissioner. of Patents, é) (2°App. 66° ~~ Plaintiff’s Exhibit 16 Sirs ae | | re peed Replying to oe Office Action dated Mare ai, 1938, please enter the following amendments: : Page, 2, line 15, cancel “‘hafile” — line 17; change “this baffle”? * into “them?” . _Page 3, cancel first paragraph and replace by: | “The essential feature of my mvention 18 an arrange: ment of a dividing means in-the path of the liquid empérg- ing from the aperture delivering liquid. to the afgfesaid — chamber, this dividing means being adapted ‘to fipély break up the fluids and to imprisons in the liquid yfr particles forming therein such small bubbles that ey remain in. suspension in the jet. - ° It has been suggested: to divide the quid stream adie pressure in order to increase the cpfitacting aera between this liquid and the pas; it has alge’ been proposed to divide the stream of liquid and alsot%he gaseous fluid, in order to have a good mixing of }6th fluids, but in no case, the * division has been so/ine as to form in the liquid such - 96 narrow gaseous } bles that these latter: would re- main in FUspepsio;n in the issuing jet. In the devices ‘suggested until Afow, the gaseous fluid- drawn by- the. liquid séparafés immediately. at the outlet of the ap- | paratus an@’no known apparatus has for its object, as — this is thé case in my invention, the formation ofa co- herenj“and ‘‘white” jet, this, being due to the very. fine - — division of the air and to the formation of a true sus- oxnsion of a multitude of air b mater” Page 3, cancel 6 last lines and ‘insert: “efficient. form of dividing means is a. fine screen locat " at the outlet, and I have found’’ . _ Page 4, line A, cancel “latter reason, I find’’ ms lines 3 to 6, cancel “Tn that case .. . of the air bubbles’? and insert\"* When more than one of such perfora are used, they can be either spaced f ch other or. superposed, to simplify the ¢ ion, in contradistinc- | 3 perforated plates, which must paced. from each other to avoid obstruc- Please: insert the new passage sntetel by the last amend: ment at line 6; after the following original line. 9. . Page 5, last line but 4, before “again” insert: yMhis. property .also is “due to {He air bubbles in suspen- sion. It must. not be confoupded with ‘the property of a Plaintiff's exhibit 166. 2 App. 67 2 — jet flowiiie at high. vehettin--aceanal by an -injeet ‘not—which ean force a certain amount of gi Sastre a certain amount of lather.. er is formed large bubbles which ex} Tapidly. , ‘On the other hand the jet has ‘the inconvenience to, splash the e => Page 6, last line,® ‘cancel “preferably” Page 7, cancel lines 4 and 5, ss. at ot ek lines 11 and 12, cancel Here ‘‘Mere again . ». at 62” and replace by “In ‘this cage, a. screen 62 is also used in the — ’ . device’’: ~~ . Pages 8 and 9, cancel last elite -\ . In the claims: 27 Claim.1, cancel lines 7 to 13 and canert: _. “means in the path of liquid emerging Ir From sai ture, adapted to finely break up the fluids : in the liquid air particles formi ch small bubbles that they remain in the jet-a passage from said cham- -ber adapted toc rge a jet having a multitude of . bubbles_i pension at a velocity ene less. thar Claim: 5, lines: 5 ‘and 6, eancel “and one of. of thie ~ liquid” Cancel claims: ‘10, 13 and 15. (now dain 5): . Claim 11). line 14, ,cHange ‘‘baffle” into ‘‘dividing’’ Claim 14, last line, change ‘‘baffle’”’ into “dividing” : Insert. following. new claim: re , "TA structure according to claim i, in which-t utlet of the. passage adapted to dise é jet has a ressefre- mént to help risonment of free, air bubbles i in the ” Respectfully submitted, ‘Elie Aghnides By Frank S. ‘Appleman =e é rae S. — Atty. : Jane 18, 1938. 3 | Sot eee ” ( Letterhead—Department of Commerce) c Please find below a communication’ frou the Examiner in : oharge of this application.. | a - Conway P. Coe ae Commissioner of Patents. 2 App. 68 ~~. Plaintiff's Exhibit 16” Piet. a pplicant: “Blie Aghnides . ‘ane: No. 182,884 —- Filed Ree. 31, 1937 _ } = | . then the emulsifying of-this mixture. - Frank S. Appleman, CRene ee ewe aus cae 1331-4 St, N. W.- Washington, D. C. | aes ' As amended Sept. 20, 1938, ee Reference added : ig ae ' Aghnides (British) . 468,687 July 6, 1937 . (8 cification, 2 pages, drawings, l-sheet) === — | This application is found to ‘contain claims to four | distinct species of invention of which (I) claim 21 reads ~ _* le boner Hixhibit 16 claim. is sp citi. tn fig. 4, (Iv) claim 24 covers figs. - 2, h, (ity claim 22 reads only.on fig. 1, (III) I wife to fig. 4, (IV) Claim 24 covers figs. 2, : opeuliae is ‘requir generic to each of ‘the above mentioned : species. Claims 19, 20 and 25 are rejected on Weidmann, British : " ‘patent 25,900-or Felton as applied in the last office action. - Claims 19 and 20 fail to set forth the nature of the fluid - y,edia and henee are mervly to.a few corventional elements haying no particular function. As shown, however, the perforated element through which the liquid must pass - Claims 19, 20 and 25 are further rejected on British . patent: 468, 687 to Aghnides: which ‘since filed more than a year prior to this applicatio: _~Phe-restricted outlet, x ft 25, - and has nothing to do with mixing the fluids. Claims 21 to 24 are rejected for, misjoinder of invention. - ‘Claims 1 to 18 are cancelled, © 3 _Claims 19 to 25 are Tejected. pie ese | merely. restricts its flow are fu modifying its condition. \ Fish aye . ee ee . Examiner. ! ve Paras. 88 aes ts ‘Stamp i Wed wares U.S. Patent Office | May 10.1939 BRIAN 3 3 : ‘Division XXXII. vena NG Mail Division. ee | : : \ May 81939. tees \. U. S. Patent Office | | . IN THE UNITED STATES PATENT OFFICE oh - In the application of.” : ; Elie Aghnides _. eae Serial No. 182,884 Or Res Div. 32 eae Filed Dee: 31, ef : Room 4086 Yor Fiuid Mixing mab >) Hon. Commissioner of f Patents, Sir: ; | -, Iw reply to the Office loiter of ie 17, 1938, it is to be understood that the specification | particular! ? sets forth | that this case is a ‘‘continuation in sad 0 as Serial No. 52, 923”. ee 5 Sirs OER ge: it my earlier Fdance with Rule 41 election of a ‘single : . Claims 19, 20 and: 25. appear to be . is a proper reference. — rerely retards the How | £ \ - Plaintift’s Exhibit a __ 2 App. ig! The ern ae has rejected. claims 19, on and 25 in. - part because of applicant’s said: prior application of which. this ia a continuation’ Obviously, therefore, the Examiner | . cannot properly reject the, present application on a British . | _ patent | which covered the prior application, The Supreme | . Court has held that an invention dates: fren the time the! inventor completes it his mind, This is _hrought out in O'Reilly v. Morse 15 Tlowe (56. U.S.) 62 109 and in .. Loom Co, v.. Migzins, 108 U.S: 580. Furthermore, the prior patent issued in- Kingland to the present applicant cannot -be held> an anticipation, since the application now pending is ‘‘a continuatign in part” ee _. of the prior application, | pee - 36 Please add the following claims: | .96. A’ device Tor intimately mixing © at Teast two | fluids one being liquid. and the other gases, one of prfhich ig under ressure, .comprising in ¢ombination hollow cylindrical . body connectable to a delivery pipe of fluid under pressure, means for dividing the-Rtream of fluid . under pressure, a. passage-way doy stream said means in the. wall of said body for the-fdmission of fluid to be mixed to the fluid under pregatfre, and means down stream | this passage for obligin th flnids to mix together be-. fore leaving the jrodkdw hody, the cross section area: of . . _the body at thg-foint: where said passage is made and - the cross. spetion .area-of the hody immediately down - stream this passage -heing both larger than the. free - - Streg mee section for the fluid under Drenenre immedi- Ty up stream anid\-passage. | og _ _A device for infimately mixing at Toant two Tar one being liquid and the. other gases, one of w . under pressure, eoanp ising i m combination a ho drical body connectable » te a delivery pipe pres8ure, means for dividing the -stre of fluid under pressure, a ‘oxrtagy al way: down strepuf said means in the wall of said body for the admixsioh of a fluid to be mixed to the fluid. under pressurev# fid means geet streain this \ eine a Oene h 18 cylin- uid tnder. Ze hele hoth. aie ily the free streaming. for the fluid. under pressure immediately up : oa said. passage, the means for: obliging : ‘the fluids to i . e* ° e “4S Xp. 45 * Maindars Wxhibit > - \* Baal A device: Tor Labia at deast a Jiquid wo NN. F / i f Lx together comprising at Teast” two narToralp 37 plates up ‘stream the escape opening of dhe hotfow sets these plates being spaced. fromecach othgr ~ A device for intimately mixing at least po fluids, one my St liquid and the other gases, ove of wth is under _ pressure, comprising in-ecombination -a hoJdw cylindrical body connectable to a delivery pipe of fia under pres- sure, mens for diviging the stream fluid uncer’ pres- sure, & passage-way down. stream sefd means in the wall. . of sat body for the admission a fluid to. be. ntixed to: the Muid-under ‘pressure, ad wyeans down stream this pas-. sage fer obliging both MiidysAo. mix: ‘together before leav- ang the hallow hody, the Woss Section area-of the hody at the point where anid sage 1s made and the eross’ see- . tion area of the body imnediately down stream ‘this pas- page being ‘hoth ly rer-than the free. streaming. section for * the fluid under sressure immediately up stream said pas- : for obliging the fluids to mix together ” eneniie. Honing of the beliaw. hody, thene late being | ' spney a, cue We other, and di Tesrerreme nt in the inter- pintes. --: . “Phe. foregoing claims are. allowed cistme 0, 3 po + in applicant? s case, Ser. No, 52,923: a ‘Also, please add. the folowing elaims : a. A*device for HIRING at wast a liquid mdop sure and Ar, - eompri sing a. hollow bouy, adap ) | Jeading imta. ai hol 38 through. the_sucti af the liquid, means in the path, +oth fluids aa aX deeb lant: ‘andia passage: from 1ollow body adapted do discharge ‘the fluids nixed. | : res- apted. for. con- jquidatader pressi; re, means com. — | apertures? for Aiyiding. the. Hiquid anid hollow ‘hady, : sure and air, comprising a betfow body adapted for con: | nection toa souree-ot liga under pressure, means ford . cater iA device Tor Ese hand. neees pres- Ls s s v viding the nquid ontering: said Tiollow— . through the suction of the liqui ‘the liquid entering said hollow b 3 | 3 “k device Tor mixing “at Teast a Tquid 7 es aw connection to a source of liquid under ing at “gure and air, comprising a. hollow body adapat _ nection toa source of liquid under pres: sure and air, comprising a‘ hollow body a terior of Plaintiff’s Exhibit 160 °.2 App. 75 leading into such hotlow body for the adm. inous means in the ‘om said dividing: means, for . obligin | ds to-mix together, and a passage from lollow bod: adapted to discharge the fluids mixed. . dg. A device for mixing at least a liquid under pre and air, comprising a hollow body, adapted for to’ a source of liquid under pressure, m path of liquid emery or dividing” y i- passage leading - mission of the air throu - S in the path of liquid emerging — neans for obliging. both fluids to’ mix ° ™Means compr ising: at least one perforated into such hollow body for th suction of the liquid, y from said dividj wesw . pressure and air, comprising ‘a hollow bo apted » peSsure, means ilow hody, a pas- - y for the admission of ~ of the liquid, means in -the ing from said dividing means, for tds to mix .together, said means compris- for dividing the liquid entering sa sage leading into ‘such hollow the air through the sueti path of liquid ei obliging ho ced from_each other. 2 34. A device for mixing at least a Tiquid under 5 means for ven. the Eee em entering are holje ited to. eaates the duide inna, oe a res- in the interior .of the hollow body downstream “mixing means. 3 30. A device for mixing at least a liquid, — for. con- nection to a source of liquid under_preSsure, means com- prising a plurality of apey for dividing’ ‘the liquid entering said holloy-hody, and a resserrement ‘in the in- lollow hody downstream said 7 aa S. 40 36. A’ ‘evice of seat lig comprising a chamber, an aperture dit liquid into such cham- - ection — St two perforated members, ‘said members being Filed Dee. 31, 1937 3 | ¥ or Fluid Mixing Devices . SNE aS Mailed May 11 1939 Frank S. App le. nan, 7 133t G. St., N. Wai . Washington, D.C, The amendment of hig &, 1939 is not A completé re- sponse to the. Office -action. of Nov; 17, 1938. Applicant — _ chas made no response to the rejection of claims 19, 20 and | —/B on ' the: references mentioned in paragraph 2 of that 2 App. 78. Plaintiff's Exhibit Ww action. Also sealant has inserted a ee number of claims without. making the least effort to point out how they avoid the rejection on references or on ‘misjoinder: The former ground of rejection -_- ires that applicant. distinguish the subject-matter of the claims from the — . references. The latter ground requires that applicant . point out on which of the sevexg) species each of the claims reads. Moreover,’ the number of claims is on ‘its face unreasonable and it is incumbent on applicant that good ~ reasons be stated therefor. ’ The amendment must he sup lemaiaiind to constitute a complete renponae én or before: ay 17, 1939. : Fish . | Examiner. PRN ae , ae | | | ae T2/E. (Mail Division Ma 16 1939 U. S: Patent Office) (UL & Patent Office oy 18 18, 1939 Division XXXII.) _ Je Tre Unitep STATEs PATENT OFFICE | le the applicatian of Elie Aphuides eae Serial No. 182,884." 2 os Filed Dec. 21,1937. > Room 4086 -For Fluid Mixing Devices ee 7 ‘AMENDMENT. Hon. Commissioner of Patents, - . Washington, D, C. 0 2am In the matter of the above application and referring ‘to the Office letter of May 11, 1939 exception is taken to the statement set forth that no response has’ heen made ta the _ rejection of-claims 19, 20 and: 25 on the references men- tioned in. paragraph 2 of that action. It- is excepted that when claims have been allowed, as in the prior application | #52923 this constitutes a bar against the Examiner re- | jecting on former references. , | It is believed that the Examiner, after allowing oni, ~ is within his rights to cite new references. ie - Nevertheless, the references mentioned in parag raph 2. of the Office action of November AM, 1938: will, -be con- sidered, — , [ aS Plaintiff’s Exhibit 16 a 2 App. 79 MONE Now neither of thes¢ references hyve been shown by the | Examiner ta meet the terms. of claims 19, 20 and 25. All ‘the Examiner states is that these claims are rejected on Weidmann, British patent 25,900 or Felton as applied in - the laat Office sictions Now this is set forth.in paper #9. Tet us return therefore to Paper #7. Note that the: Examiner has rejected on the references on Weidmann or - Felton as applied-in the last Office [action. ‘This is set forth in Paper #9. In Raper #7, the Office action does not . mention claims 19, Y) or 25 nor does this Office attion show ‘any grounds for “rejection of claims 19,20 and 25 On. Weidmann or Felton as. applied in the last Office } action” since the last Office action of June 23,°1938 fails to. 45 reject.the said claims 19,20 and 25 on any grounds. . : In view of the foregoing it is requested that the Ex- aminer state how the claims, 19, 20 and .25, previously allowed, can he rejected on: Weidmann or Felten “as ap- plied in the‘last Office action” since the previous Office ~ action of June 23, 1938 did not apply either of the refer- ences now cited in the Office action of November 1., 1938. In a conversation with the Examiner. and Principal Ex- - aminer, it is -believed that the rejection of. claims, 19, 20 and 25, resulted in a conclusion there there was an error in the rejection of these claims on the patent (British) | 468,687 to Aghnides., the present inventor. | It is submitted that the invention is not on the. separa- tion or combination of gases and liquids. Nevertheless ap- plicant is willing at this time to limit his claims to a device for combining gases and liquids and therefore the follow- _ ing amendment is made. 7 . In Claim 26, Claiin 27, and Claim 28, line 2 of each claim after’ “fluids”, insert—one being | liquid and the other 3 gases—. | Cancel Claims 29 and 30. x - - Caneel Clainn 32. Cancel Claims 34 to 40° = Now Claim 30 | is based on. the same subject matter as the * claims allowed in the prior application. Therefore Claim 35 _ covers all of the forms covered being the previously allowed claims of 19, 20-and 25. The number of the claims is theref}re restricted and | cannot be said to be unreasonable.- ; Now add the following claim: = App. 80 : Plaintiff's _— 16 — Ir Th Tienes Ste kind Asker TBST, a Wexibe perm. . ber consisting of an upper part. provided with par elastic _ .collar having interior and exterior walls spseetl to provide | an air section of circular form, said fcrior wall being adapted to fit on the: nozzle forypi F the outlet of a water . supply, a perforated jiaphragm extending across the 46 bottom of: said -glasfic member, a cylindrical. nozzle fitted on the-toWer part of said elastic: member, a per- forated digphfagm located. adjacent and: within the lower. end _¢ Said nozzle, and a restricted outlet at the lower | PTIUL ON-Sa1G = TO7 2 aa ; - Applicant has now sestvlated the number. of claims and has brought the device down to that shown in Figure 1. Certainly therefore there is nothing in this. figure. that is ao illustrated by the references and. accordingly allowance is “4 thought i | 3 t is believed that the foregoing clearly responds to the — st Office action. a ee tees submitted, - __-K, Aghnides me _ . | Frank §S. Seetendn ! ae By Frank S. Appleman, _ A°G*L-. 7 | May 16, 1939 Department. of Commerse United States Patent Office 7 Washington | | | Please find below a communication from the Beaminer in —— of this —, | - eee a Conway P. Cae Be Sy . Commissioner of Patents ‘Frank g, eiiaiesk ‘an pplicant: Elie Aghnides 1331 G St., N. W., : fas. No.. 182,884 Wash’ ngton, D.C. | Filed . Dee. 31, 1937 “For . Fluid Mixing Devices — - (Maitea. Jul 14 1939) ie amended May 16, 1939. Apflicant having in amendment of May &, 1939: elected: to prosecute claims of the same scope as claim a, mat iB). Pate ae inkest rs Plaintist? 8 ‘Exhibit. 60° 2 ‘App. 81 to figs. 2 5 and 6, claims 21,;22, 26, 27, 28, 33 and 41 _— niece pan aoe prosecute these-claims. in this a tion. Claims 21,23 tnd 33 read only’on fig. 4, while claims 22, 26 fo 28. a ~eover fig. 1 yopear Fe at eee Claims 19, 20 and 25 are rejected on Weidmann or Felten — et al as a ppl i in the first and second office actions, papers ~~ nos. 5 licant has failed to distinguish these claims © from these references. The argument based on the alleged zaowance of claims in the original application, of which this is a continuation in part, is of no ‘avail i. applicant for the reason that in none of these office. actions - were ‘claims allowed. Sg tora ae were. at supeet anes ter, bat to as apparently including allo B r, | then and subsequently all the aieneen rejected as in- definite and as so intemal as. oe to to permit applic application of pe It was therefore entirely claims were reje peo} ~ this application’ a that rejection is accordingly a : Bas Claims 24 and 31 are rejected on the reference to claim 19 for like reagons. ‘The mode of attaching the devi 48 claim 24, involves no more than ordina skill and. choice, especially as the elements of Felten cf Be cured in.a similar way. Claim 31 covers the broad generic~ construction and such involves no invention over the refer- | ences, Claims 1. to 18, 29 29, 30, 32, and $¥ to 40 are cancelled. _ Claims 19 to a, $1, 33 and 41.are FINALLY rejothed, | ‘ Examiner - ee ie : cee | (U.8. Patent Office Dec_12 1939 Division XxxmI) (Mail Division Dec 12 1939 U.S. Patent Office) -. In THe Unirep beceeeneed Parent OFFice . In the plication of. | _ Elie Aghnides pee Pane | Serial No, 182,884 Par oS) en. Filed Dee, 31, 1937 ee - -. - Room 4086 - For Fluid Mixing Devices re et : Hon. Commissioner of Patents, ‘YQ “App. 42 | Plaintiff's Exhibit ‘16 Sit: | | oe se Heapending to i official lathor of ‘web 14, 1939, = ‘lows: ’ - Cancel the clainas ‘aad substitute: I above entitled - application is’ hereby.’ sana as fol- _ 42. In a-device for producing a jet of water con- taining air bubbles, by the entrainment and mixture of —. the air to the water flowing, under pressure, a ‘casing having a passage therethrough, the. inlet end of which is ‘adapted for connection to a sonrce of water unger pres-- gure and the outlet end for discharging the air-water mix- | ture, an upstream and a- ‘downstream foraminous part extending across the passage and spaced from each - other, the. said casing» having an air admitting opening - between ‘said foraininous -parts. [sae | 43. The device of claim 42 wherein the upstream | foraminous part is a sieve and the downstréam foraminous — part is another sieve, the aggregate cross. sectional area - of the foramina of the latter being greater than the aggregate. cross sectional area of the foramina of the upstream foraminous part. © | , 50 44, The device of claim 42 wherein. the downstream - . foraminous part is a fine wire mesh screen. 45) ‘The device of ‘claim’42 wherein the downstream foraminous part is a plurality of wire mesh screens spaced . ‘ from each other. ie 46. The .device of claim’ 42 wharéin: the: foraminous parts arepremovable. | 47. Te device of claim 42 wherein the tatarior of the casing is contracted in its cross section betweeri the down- _ stream foraminous part-and thc said outlet end _ 48. The device of claim 42 wherein the interior of the easing continues beyond the downstream foraminous part. _ and terminates ina tubular portion extending from the - ‘said downstream foraminous part to said outlet end. - 49. The device of claim 42 wherein there area a ality of the air admitting openings extending from inlet end of the casing toward the outlet end to open la “9 | - ally circumferentially spaced intervals between the up- . stream and the downstream foraminous parts. | 50. The device of clainy 42 wherein there are-a plur- . ality of the air admitting openings extending ‘Fadially . through the éasing wall at circumferentially spaced in- tervals between. the upstream and the downstream foram- | | inous:parts. : a gags 2 ~Rt un Plaintiffs: Exhibit 16. 2 App. 83 ' 51. - The device of. claim 42 wherein: the inlet end is adapted to be screwed\to a faucet and the-removable up- stream’ feraminous screen is held in ‘Position across the ‘mouth of such faucet\by such screwing of the casing. — 51 «52. ‘In a dévice for. producing a jet of water con- taining air bubbles, a casing having a passage there- — through, the inlet-end of which is adapted for connection. to a sauree of water under pressure and. ‘the outlet’ end for. discharging the air and water mixture, an upstream and a downstream foraminous' part: extending across the . passage and | spaced. from cach ther the casing having an gir admitting openfmg between said foraminous parts, anf in which for a known flow of water under pressure through the upstream foraminous part, ‘the retardation © of the flow of water under pressure. by the downstream - foraminous -part effects the mixing of air and: water, the” mixture leaving the casing inthe. form of a coherent | | stream. 53. Ina devi ice for fore a coherent stream of mixed | air and, water, a casing having a passage therethrough, — the inlet end. of which is adapted for-connection to a ‘source of. water under pressure. and the outlet end for . discharging the air and water. mixture, an upstream and a dewnstream -foraminous part extending across the pas- ‘sage in spaced | relation to each other, the said casing having air admitting opening hetween-the said foraminous parts, the foramina in the said elements.being so pro- portioned and seated as to effect the entrainment and mix- . ing of the air .with the water, the mixture leaving? the casing in the form of a coherent stream.— REMARKS - Claims 52 and 53 are of a type somewhat on the ‘aie of the gekennzeichnet claim. . Authority for claims of this kind is: found in the citations under. 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Na. “—"s : .PLAINTIFF’S EXHIBIT NO. 16 =-. = 2 App. 49 (EX'R’S BOOK). pilbs $66 05 06600060680006660668 o- of Prone ce cn ewe we ss ccmmen ete cnwncemecccenscccseccccccccnceccccceccccceccs Sees eres eee eee POSMMOS SOTA SST SSS eas wm - Seer Ss eee ss esesesesesecscessess cesses esesoeodosoesaceceséo FE ES OO OOOO HS SOHO SHES OS HOSS OSES SSS SSS SERS ® © 08 00585005584 0605 02000005 68 ad . TO Oe OO we em ee mee eee ep Se Oe OO © oe 6 ee OS 6 OO Oe OOO Om 6 ee te eee eee eee wees err eR SEK PE er esereseeeeesees lel tet et ttn ee ee ee ee 2 ee me weet er de eer eeeseseseeesceesreseteceweseees 2 ces 6506 Se ese tess cesses i ela eee tee ee Te ee ee 2) ete ee eee ae | 7 ee LUID WIRING DEVICES Langone ils caensecue lone ie siascucanadlacnnccisledicn a ORIGINAL | . : ae oe RENEWED . -ercai FUE conte ns EG _ ae "eggs » Specification, | , | | | | | Oata, First Fee 391°. E05, issg |. reppin .& ae 3 sheets ‘Drawings, oe a, We. wtseencsttnegancna teen jnttsnonnSnteechcnetanenael angen a eae aes fox sy N rs) 940. 19 | ‘Reexam’d and passed for pang sae ‘ 19 ye G ‘ceanisa ne nee ... Exr, Div, .......—... 7 ‘ | | | | ~ a se . if Rae. Div. A. -: es 7, PY " Notice c Mlowance .. PES eR oe Notice of A Pa ) yn aii 7 ¢ oe :? By ell 2) Final Fee- ae re t. VF ee 4 Final Fee. a Marae i eas 3 _ FRAN ie ji A AEWVAN a 6 ioe N? HY #ty ‘ “a wes tds - BELGIUM “£6 8 1934 oy a. ae oe is 7 ~ 9 App. 7 ae io reaere . “"" "PLAINTIFF'S EXHIBIT NO. 16 — P @ Yi TTORNEY a - " — - Se . aA ee DO bas Plaintitf's Ff HONORABLE COMMISSIONER OF PATENTS, Washington, D. C. SIR: In compliance with the Act of Eebruary 18, 1922 (42 Stat. L. on the | _day of _ July proceeding No. ....... 20 C 1022. , entitled: Name... SLIE Py AGHYIQGS.... Address ORLOFF W. HOLDEN ang MARGUER KMICKERBOCKER HUBBER COMPANY 6101 S, May Street, brought upon the following patents PATENT NO. DATE OF PATENT 2,210 B46 PATENT NO. DATE OF PATENT ee thre nbove-entitled CU se wy yv 4* 9 + & Pre PSUS m=. "rT "Tes & ad ba ~ thd Sty t al, IN WITNESS WHEREOF 1] have affixed my hand this Tyly | 19950, at. ‘xhibit 16 -. OPC SO Lt STERN DIVISION 392), you ure advised tliat _, 19Z 59 in this court an App. 138 Plaititf’s Exhibit 16 _ « — : Y 152) HoNnoRaBLe COMMISSIONER OF PATENTS, * r 7 en Washington, D. C. a hington, D. C f PA ATENTS In compliance with the Act of February 18, 1922 (42 Stat. L. 392), you are advised that there was filed ; 19850 , in this court an action, sult, or eee ee ecweseens secu bucuunuucssuusudsenseccueieusseuceeccecnscssssnucaecsce seeseeeess-- : Plaintiff, Addrees oat 54th St., N.Y. _KS.,. ¥.Y @ onan cece cece cece nee so esasbecaneasessecsses- eaweecesesues peau cenewe eens eae ee versus Name _YOSEPR J. GOODRIZ and WRIGHTWAY ENGINEERING COMPANY =§=§ = --—s—r—sr=—s—i__sC, Defendant, vddress 1053 B,43rd St., Chicago, Jl]; 1053 B._43rd St., Chicaga, Ill. brought upon the following patents: — oe . : _— = - SS —— ee ———— * 4% oe at Greensbobo, Nortn Curolinz Henry heynoles r Lx. / Lierk& of said Court. A as -_ DISTRICT OF . WORSSON FLtTwoTs -. RASTEEN IE YISIGH COMMISS9* a Honcrasite Commissioner oF Parents, Washington, D. C. | ang 97 C93 4 he Sm: In compliance with the Act of February 18, 1922 (42 Stat. L. 392), you are ad@jped: that there was filed ; 19890 , in this court an action, suit, or brought upon the following patents: DATE OF PATENT itaalnatesncitios citi In the above-entitled case, on the foliowing patents have been included by answer, cross bill, or other pleading): — —_ _ PATENT NO. _ | DATE OF PATENT In the above-entitled case the following decision has been rendered or decree issued: Complaint cf plain- nts 4 aendants’ Counterelaim fer Declaratery JuAgnont thet IN WITNESS WHEREOF I have affixed my hand this ” / I = te . ra) . 4 - - i so j f a / ‘oe _— e / ~— whee eeeceee eee eee ere Moe ee ee eee mien ee eee ew oe seease eh oes een eee ree Clerk of said Court. Plaititf’s Exhibit 16 2 App. 141 In Re Patents United StatesY strict Court couwiss. for the AO Ferm 120 mae. rere Southern District of New York ._. > -- COMMISSIONER OF PATENTS, Washington 25, D. C. SIR : In compliance with the Act of February 18, 1922 (42 Stat. L. 392; 35 USC 70), you are advised that there was filed on the 3rd day of June 19 53 | in this court an action, suit, or proceeding No. Civ. 85-272 , entitled: _..........., Plaintiff, Elie P...Agbnides 0 New York brought upon the following patents: = —— PATENT NO. DATE OF PATENT Aug. 6,..1940........ Apr...29,1943 In the above-entitled case, on the ......... G69 Oi cise fee a following patents have been included by (insert amendment, unswer, cross bill, or other pleading): — = ——— PATENT NO. -- DATE OF PATENT PATENTEE Loses 2 App. Io Plaintiff's: Exhibit 16 UNITED STATES DI T COURT | District or APh ray i ! {' A HonoRABLE COMMISSIONER OF PATENTS, 4 Washington, D. C. Pes IR: In compliance with the Act of February 18, 1922 (42 Stat. lL. 302), you are advised that thero was filed 17th _ day of August a — 19$0 | in this court an action, sult, or 50 0 1178 proceeding No.. ....: ELIE P, AGHNIDES on the .......... , entitled: Name..............-..- ~Phlainel!, 46 W. Sith 8t., N.Y. 19, W.Y. UCPaUS __ JOSEPH J, GOODRIE and WRIGHTWAY ENGINEERING COMPANY , Defendant, brought upon the following patents: PATENT NO. DATE OF PATENT PATENTEE = August 6, 1940 Flie P. Aghnides In the abovo-entitled case, en the day of Ta, te following patents have been included by - | ein, aeethess (insert amendiment. $ answer, cross bill, or other pleading): a PATENT NO. | DATE OF PATENT PATENTLE | In the above-entitled caso the following decision has been rendered or decree issued ./Complaint of plain- tiff Aiemiesed for want of equity. Defendants' Counterclaim for Declaratory Judgment that the Aghnides patent Bo, 2,210,846 {a invalid and void, is suetained, That defendanta seg cover their costs to be taxed in this action and that execution issue therefor, ) ’ { 2 ’ —_ — IN WITNESS WHEREOF.1 have Bffixed my hand this LCi. day of de ti ---1954:..-.---- ee ee Chicawo 111 Clerk of satd Court, & & eet geweert Feivtive ors . r ‘ Qf , , : , e t gu; f . 1 . ; ' . 4 5 : ) i } i } "ee / * Notice of apnea] to ''.o.°%. © Filed Mandate frov-l',S.C.A. Plaititt’s lexhibit 16 } App. is, District Court ot the United Htates DISTRICT OF --- i! HONORABLE COMMISSIONER OF PATENTS, Washington, D.C. SIR: In complinnee with the Act of February 18, 1922 (42 Stat. 1. 392), you are advised that there waa filed U.S. PAILNI UEFICE onthe ft day of July , 1984, in this court an action, suit, proceeding No. oe! ~{ ) entitled: Wie ‘ thnides Saas Nano on ment ee Plaintiff, Addross CePA Nan | — eee , Defendant, Acdld rosa brought upon the following: patents PATENT NQ, DATE OF PATENT PATENTER In the nbove-entithed case, on the V oe i ae the followanys pufents have been smectite ly Chteaent nonvencinment, nnawer, cross bill, or other plending ) PATENT NO, . DATE OF PATENT PATENT E#. In the nbove-entitled case the following decision has been rendered or deeree tssiued : IN WIEENESS WHEREOR - have affixed ny hand this gu day of LK, nt (‘lerk of said Court. a. Widens MG at | ‘N > 2 App. 84 Plaintiff’s Exhibit 16‘ Sie ape Rt Fluid Mixing —— oi Shae Bee nn) Se Div, 32. Room 4086. ‘Hon. Commissioner of Patents, Sir- ; : 2 23 fo =e TS pees e ‘ Cancel all of the clsims and substitute therefor the fol lowing: \ cata 4 A device for producing’ @ coher ent jet of “water containing air bubbles, comprising a chamber, the inlet _. end of which is adapted for connection with the discharge _ end of a tube containing. water under ‘pressure and the outlet end of which is: adapted to discharge the said - eoherent id a diaphgram at the upstream ‘end of the Chamber having at least one orifice through which: the : stream of. ‘water is adapted. to be forced into the chamber .. with substantial - velocity, an air port opening into the | chamber through which air is induced by the stream of ., me ™ water, and means, in the path of the stream of water after it leaves the orifice and before it discharges at | the outlet end, for timely breaking up the water and for — offering sufficient resistance for thoroughly — it. with - * Plaintiff's Exhibit 16 2 App. 91 - air and for thercafter uniting the acrated water to. form a coherent jet having small bubbles disseminated through- aut the jet. ee : Na SO go g 58 A device for producing a coherent jet of water. containing air bubbles, comprising a chamber, the inlet. end of which is adapted for connection with the discharge -. end of a.tube containing water under pressure and the outlet. end of which is adapted to discharge the said coherent jet, a diaphragm at the upstream. end of the chamber having at least one orifice through. which the ° - e ~ stream: of water is adapted to he foreed into the chain- _ ¢ i 62 - ber with sulstantial velocity, an. air port open : the chamber through-which air is induced hy the stream - of water,-and means, in the path of the streain of water . after it-léaves the orifice and before it discharges at the — _ outlet end,, fork finely breaking up the water and for offering sufficient resistance for tee ly mixing it with air and | ~ means for thereafter uniting the aeraféd water to-form a | cote ae having small bubbles disseminated throughout . the Me oes Pee eae ar ra SRR Gane | 3 56. A device for producing a coherent jet of water. containing air bubbles, comprising a chamber, the inlet. end of which is adapted for connection;with the discharge _ end of a tube containing water under pressure and the ’ outlet end of which: is adapted to discharge the said “coherent jet; a diaphragm at the“Apstream end of the chamber having at least one orifice through which the ° stream of water is adapted to be forced into the chamber — with substantial velocity, an air port opening into the — ‘ chamber through which ait is induced by the stream of | water, and means, in the path of the stream of water. _ after it leaves the orifice and before it discharges at the outlet erid, for finely breaking up the water and for offer- | ing sufficient. resistance for thoroughly mixing it with —_ air and for thereafter uniting the aerated -water to form _ a coherent jet having small bubbles disseminated through- __. out the jet, the resistance offered by the said means;and_ _ the'cross sectional area of the orifice being proportioned to effect the entrainment and mixing of the air with water before. their discharge from the said outlet end. 40. The device of claim 1,54 in which the said-means comprises a screen at the discharge end of the chamber, the openings in which are sufficiently close-together so — that the ‘streams of derated water issuing therefrom im- _ as. ad , 7 ’ ° > " . . o . es, . | > ee an ’ . oe ig } cS i. ‘ . é 4, ~. “si \ : ; plaintiff’s Exhibit 16 © ge -2 App. 92 — qnediately join each other ta form a-single jet. - 63 5 PS The devieg of ‘elrim: 7 5# in. which the said | Means—-COMprises | superposed KCECONS, (le sereen at. ‘the discharge end of the chamber ‘having aperatures which ‘are sufficienty close together. so that the streams — “of aerated water issuing therefrem immediately join | -each other te form a single jet. — : hee ce a a ‘ een 3 : | Remarks.— | : Z ° The object in this case is togsecure a jet of water that: - is so full of. minute bubbles of air in suspepsion that it . has a whitish color -and ‘is ‘soft. to the touch. ‘This is- brought about by two distinct steps. First, the water in — : the chamber is: thoroughly acrated so that. it will have, — insofar as possible, the maximum quantity of aire This ‘send js accomplished ‘by the high kinetic energy. of the » jet as.it is injected inte the: chamber .and the resistance °~ that it meets frofu obstructions such as the screens at the outlet end. This results, in finely breaking up the .~ water. and thoroughly. mixing it with air. Secénd, having secured the aerated mixture itis thea withdrawn from the chamber in the form of a coherent jet with small air. \ bubbles disseminated thronghout the jet.. The. preferred ‘\ means for ‘accomplishing this end is a sereen at the dis- — charge end of the chamber .of sufficient, resistanee to the ‘flow of thé stream and in which the! openings. are suffi- — _ ciently close together so that the streams of acrated water | issuing therefrom immediately join each other to form a single jet. “The reason: that this latter happens is be- _ ~ gause: the. zone of aspiration of cach little stream cuts. - or is at lpast.tangent with the suetion zone of the neigh- boring stream. Sa PRR poe ‘The Examiner. relies principally upon the British pat- ent No..7005 of 1913 .but this: patent does not produce a coherent jet but instead it. forms a spray. While there is some pictorial resemblance betw the device .of the British patent and apphcant’s device, it is quite apparent ' -that their mode of operation must for: ‘some reason be _ entirely different, otherwise one would not. produce a spray and the other produte a coherent. jet. In order | 64 . to produce a spray no air is necessary. All that is. - je. Fequired is a means for subdividing finely the stream. ' of water outside of the device.. It.is stated in the British . oJ _-Plaintiff’s Exhibit 16 2 App. 93 ’ patent,. rages 2, lines 25 to 27 that there is a nozzle em- ployed “so as to cause a free and: sistant an eeoke iet of Hquid to. impinge upon a. stationary foraminons / .. \. goreen ofthe nature of wire fabric”. As this ge tencen 3 X jet of liquid hits the screen.in the British patent, due to “the fact that there is insnfficient resistance in the screen, the jet. of water is merely subdivided and BP cents into. _ the\atmosphere in. the form of.a mist but-without any -: « ~ entrainment of air in the strenm 6€ water. The reason. - why there is no entrainment of air is because the com- bined areas of the nozzles at the upstream end are _rela- - tively small, as-compared with the area of the discharge . outlet, and: the relative resistance’ to such a fine. high velocity stream ig-low. In order to make the British patent function “in the | same way as in applicant’s device, one of two things would have to be done. .The resistance of:the screen at the out-:— let end would have .to be increased to such a point that it would entrain the air inside of the chamber. One way. —— of accomplishing this increased. resistance would he by — using a plurality of screens superposed on each other, — . The other way woyld be by increasing the total orifice . area at. the upstream end ‘and from whence jit impinges on the screen. By so-doing the water instesd of merely passing through the screen’ without entrainment: of the. air, floods the face of the screen and entrains the air ‘in . it producing the jet effect. It is apparent that until air is. mixed with the water by the sercen and as it leaves the screen, there will be no induction of air through the air ports. Only so much .air is drawn through the air ports as leaves at the discharge end of the device mixed _ with the water and in thé British patent this is nil. | Accordingly, if the proportions of the British patent are — - % not such as to entrain the air thropgh the screen, there will be no air induced through the -aperatures 10. Qn the other hand, if-a sufficient amount of air is entrained _, ,through the screen in the British patent, then it will not discharge in the form of a spray. = ==. 65 The other British°patent upon. which the Examincr - ___ Felies, No, 6012, of 1909 reprosents the opposite ex- treme. Here the resistance of the plates fis so great. that instead of entraining. air in any quantity they have a tendency through thé bafile effect of: releasing any sub-_. stantial quantity of air that may have become entrained In the liquid. The purpose of this invention is to. dissolve ... | “Supreme Court. Claims im “means” form have © - _been sustained several times in the highest court. _ OM ak ins tk ee . .. “Office. allowance. “Means” claims. are allowed by | ... the Patent Office in numerous applications, daily. .- -. “Means”.as structure, In various decisions it has — been stated that “means” to perform a_ function : 2 ce” good. Under numerous’ decisions the - “essential” element of a claim may be. expressed - > |. as means” plus a functional statement. _ Single or plural. The term “means”? may, be ap- “plied ‘to one element or to more than one. es » Referring. now to claim 54 attention is first directed to - the ‘fact that the preamble of the claim is for a ‘device : . and offers sufficient resistance for thoroug a . / p ‘ ©. Plaintiff’s oxhibit 16 2 App. 95 ‘for produeing a coherent jet of water containing air bubbles”, and the closing statement of the claim is “a. coherent jet having smallbubbles: disseminated -through-. out the jet”, These aré limitations in the claims which — cannot be disregarded in eqmparing them with the ‘prior, art. None of the references disclose a device which will - produce a jet of this character. The reason why apphi-. cant’s jet is- produced is because the device is provi with a means in the path of the stream of water after it — leaves the inlet orifice that finely breaks np ‘the water | y mixing it . with the air and unites the water into a coherent jet. i ean be ‘specifically. accomplished by: means of the screen — -. 20 in. Fig. 1, or it ean be accomplished by means of the _ superposed screens 40 and 42 in Fig. 4, or it can, be ac- congue by the baffle 50 and screen 54 in Fig. 5, or it can be accomplished in Figs, 6 and 7 by means of the ob-_ _ structions 60 and 66 respectively in association with the . . sereen at the outlet. There being a number of different | means as disclosed in the specification by which this prod- uct can be made so long as it finely breaks up the water, —— r mixes it with Moy a on pgm Me voc = coherent jet, it is s itted that applicant is entitled i o clsint of thle seapas HSB Pie a ead setae ac eR Claim 55 is along the same lines as claim 54 but speci- _ fies a means for finely breaking up the water and for of- fering sufficient resistance for: thoroughly mixing it with : air, and other means for uniting the aerated water to — ° form a coherent jet. This form of claim will read on Figs. 4,5, 6, 7 and 8 Eee aae Pe rig SE nang Claim 56 specifies that the resistance offered by. 67 the sereen is in proportion to. the cross sectional area. _ of the upstream orifice. In other words, with a screen‘ of ‘a definite! resistance it is necessary to have an orifice _ Of sufficient size to furnish the necessary volume of water . in order that the resistance to flow may be created in the — sereen sufficient to entrain the air. .On the other hand, _with an orifice of definite size furnishing .a constant vol-. | ume of water, it is necessary to. select a screen with a. definite resistance in order. that. the resistance to flow ma be created in the. screen sufficient to entrain the air. It is this fundamental idea of. finely breaking up the water and of having a certain resistance to the flow of the stream through the screen so that it will effect the mixing and uniting of the aerated water to form a coherent jet. upon which applicant’s invention is based. ~ : | oo 2 é 2 App, % ——~Plaintiff’s Exhibit 16 isttla tah sack ib wekihs ini nih tines dita: BA ie ‘ tieularize the means for accomplishing the desired end.. _.- Since this application is-under final rejection, and-the _time limit for ap is January 14th, it is trusted that the Examiner will-be able to give this matter early con- sideration. In the event that-he is unable to see his way . elear to allow the clafms or to make any suggestions re- ~ 8 further amerfament thereof, then it is requested t the amendment be entered as putting the claims in _, “bétter: form for appeal. pa = ae ee es submitted, , . Aghnides: — | Ste BS aS et ~ J ohn Baye vo Washington, D.C. - _ Sap-l2, 1940. & IN THE UNITED STATES PATENT OFFICE mam 2 In the ap ication of. : | Elie PE - Sealed ie, eee all: busifess in the. Filed Dec. 31, "1937 oF ' Wluid Mixing So li | e POWER OF ATTORNEY a Hon. Commissioner of Patents, Sir: 3 I hereby appoint J ohn Boyle, Jr., , 801 “‘Waihintgon Loan _& Trust Building, Washington D: C. +» jy attorney in © the above entitled a Wiiceh ts with full powers to ‘transact nited States Patent ae connected therewith. rae Elie Aghnides = 3 = er ker epee Applicant . . 69: " (Letterhead—Departinent of Commerce) | | ifs | ., Paper No. 18 | Pe iP oe PRN :TIS - Please find below .a communication from the Examiner in h eharge of this application. | Conway. P. ‘Coe eek eS : Commissioner. of Patents _ . Applicant; Elie Aghnides 6 . Ser. No. 182,884 : Th ' For Flu ix vices | John ohn Bost, ie. | = | 801 Was zington Late & Trust Bidg. Weskiugton, D C. ’ the final res AS . ; a | " ° Plaintiff’s Exhibit 16 2 App. 97. Sees (Mailed Jan. 13, 1940 *.. Added ert 22 o esas e, me aor ege Friedrich ©. 2,003,184 May 28,1935 261/116 The proposed amendment of Jan. 12, 1940, does not. make "the application allowable. and is, therefore, not entered. . . Of the proposed claims it is held that: claims. 54-56 cover structures shown by the references of record. These ‘claims are es “gue of arguniént only in connection with | tinet-from the references. These glaims attempt to cover generically a latge number.of devices, each of which oper- ates upon a different prineiple. In view of what the refer- — ~ énces admittedly show the generic structure is unpatent- _. able. Attention is also directed to:the patent to Friedrich, made of zecord above, wherein a similar product is pro- ‘duced and in which the structares set forth j in claims 54- 56 are believed to be disclosed.’. Attention is directed to . Figs. 17 and.20. particularly, showing elements for break- -- jng up the particlés and uniting the stream. , ~The claims inay be entered for. purposes of appeal pro-- | _ vided" applicant fe pressly waives Ex parte. Mevey 1891 CG. D. 115, in gird ‘to Friedrich and British patent 7,005. ; A complete and proper response is required on-or be- fore Jan. 14, 1940, to prevent abandonment. — > | ig Fish sisi 9 Examiner PRN. ) Sage e ° Nef = _ In THE Unrrep STaTEs Parent Orrice (United States Patent Office Stamps # 20 - Jan."13-40 133270 On wont 00). ~ Tn the aiaiietion of | | Elie Aghnides ear -*. eS “9 Serial No, 182,884 ts . Filed Dee; 31, 1937 oe | ha pe: Mixing Devices : Zee ae ee | 2 * Serres 2). 7. | Rete aes '@ and do not clearly efine apparatus dis- ~ ¢ (2 App. 98 ° Plaintiff's Exhibit 16 = fain | “Appeal to the Board of Appeals "Honorable: Commigsioner of Patents, Age Ses Sir: , I hereby appeal from the decision of the Prfiaary Ex- aminer rejecting all the claims in my application. Ap- -plicant expressly waives ex parte Mevey 1891 0. D: 18, . q SS al to the sieve patent and the British patent The reasons of ippeal are that the Hxaminer erred in rejecting the claims on the references and. for = the rea- | sons of record, — The Appeal fee of $15 is enclosed and. en oral hearing is requested. . SEES es . Respectfully ssnbinitted, ae Elie Aghnides, By John Boyle, Jr. ert Attorney Washington, D, a: | - Jan. 13, 1940, aoe of Appeals—Jan_ rT) 1940 U. 8. Patent ce | rel 71 | EEG | | - Paper #19 | -\ DEPARTMENT OF COMMERCE United States Patent Office > Waakingyen ca ae J anuary 18, 1940, ‘ j . John a Boia: Jr., 801 eee Loan & Trust Bldg, ig Washington, D. C. Applicant--Elie Aghnides Serial. No.—182,884. - Filed—Dec. 31, 1987, -- Ae For—Fluid Mixipg D Devices: eet or: Whe Div. 32 © | an ae yi In this case your power of attorney has been accepted. = ‘Respectfully, — Conway P. Coe: 7 Commissioner ie x Cc 0G 1091), coh , _ .Very res y. / oo a eee oo Chief Clerk, | ae, per F, { @ "Div. 32 Room 4086 PRN:TIS Paper No. 21. | UNITED STATES PATENT OFFICH an | ag ~~ Clailed Jan 23 1940) In re appliaction of ; as a. Elie Aghnides = A ete Wa Before The A 6 : Ser. No. 182,884 . _ Board. of . - Filed Dec. 31,1937: -——s Appeals For: FLUID MIXING DEVICES =| || _. EXAMINER'S STATEMENT - _ This is an appeal from the final rejection of claims on - Teferences’ also on estoppel in view of an election. Since . the final rejection applicant filed the propésed amendment ment of: Jan. 12, 1940, which is entered for the purposes of pe ten e claims. presented after final rejection _~ are of different scope from those formerly prosecuted, and — Pon consideration thereof and further search, it was of Dec. 12, 1939, which was refused entry and the amend- - Q & 2 App. 100 _Pllaiutiff’s Exhibit 16 ‘held that they were unpatentable over British patent © 7,005, and the U. 8. patent to Friedrich. Applicant has ~ expressly waived the right to have the appli ition. re- manded to the Primary Examiner under Ex. Barte Mevey 1891 C. D. 115. The appeal is, therefore, forwarded upon — ~ claims 54-58. - es Oe ee eee . The claims are: | es % eye - 54, A device for producing a coherent jet of water containing air bubbles, comprising a chamber, the in- let end of which is adapted for connection with the ’ discharge end of a tube containing water under pres- sure and the outlet end of which is adapted to dis- charge the said coherent jet, a diaphrgm at the up- stream end of the chamber having at least one: orifice Ahrough which the stream of water is adapted to be - forced into the chamber with substantial velocity, an — air port opening into the chamber through which air is induced by the stream of water, and means, in the ' path of the stream of water after it leaves the orifice’ and before it discharges at the outlet end, for finely © breaking up the water and for offering sufficient re- sistance for thoroughly: mixing it with air and for thereafter uniting the aerated water to form a co- | herent jet having small bubbles disseminated through- . - out the jet. ie 3 24) ae 74 - 55. A device for producing a coherent jet of water -. -eontaining air ‘bubbles, comprising a chamber, the inlet end of which is adapted for connection with the. -: discharge end of a tube containing water under pres- — sure and the outlet end of which is adapted to dis--. charge the said coherent jet, a diaphragm. at the up- stream end of the chamber having at least-one orifice - through which the stream of water’ is adapted to be | _ forced into the chamber with nirpeierspasont igs 4h 4 an - .. air port apne inte (he eee ee which air is’ induced by the stream of water, and means, in ‘the path of the stream of water after it leaves ie. 4 - orifice and before it discharges at the outlet end, for finely breaking up the water and for offering suf-" ficient. resistance for thoroughly mixing it with air - and means for thereafter uniting the aerated water ‘to form a coherent jet having small bubbles dissemi- _ nated throughout the jet. ic iia . 66. A device for producing a coherent jet of water ~ - containing air bubbles, comprising a chamber, the in- ' , Plaintiff's Exhibit 16 : 9 ee aete 3 101, let end: of which is ieee for connection with the - discharge end: of a tube containing “water. vac red pressure and the outlet end of which is adapted to discharge the said coherent jet; a diaphragm at the upstream end of the chamber having at least one ori-. fice through which the streain of ae is adapted to © be forced into the chamber with substantial ity, . an air. port opehjg: into the chamber thro ich - air is induced bye stream of water, means, in the path of the st of water after it leaves the | orifice and before it charges ua gre outlet SS — el breaking up the water and for. off ome. resistance -for thoroughly mixing it with ais . and for thereafter uniting the aerated water to owe | ..- @ coherent jet having small. bubbles disseminated throughout the jet, the resistance offered by the said — means and. the cross sectional area of the orifice bee. ing proportioned to effect the entrainment and mixing _ of the air with water before ‘their. discharge from the ~ said outlet end.” : - 57. The device.of claim 54 i in whieh the said means comprises a screen at the discharge end of the cham-. ber, the openings in which are sufficiently close to- gether so that the streams of aerated water issuing | therefrom ammediately join each other to form se single jet. 3 58, The device of claim 54 in which the said means. comprises superposed. screens, the screen at the dis- . charge end of the chamber having apertures which are sufficiently close together so that the streams § of aerated water issuing therefrom immediately Sa each other. to form a. single. jet. Ce eT pet etre a a The. references ure: } - Friedrich « ae 2,003, 184 “May: 28, 1985 Haisman (Br.). : 7,005 : ‘Mar. 22° 1913 3 The alleged invention relates to a. device attachable to a common water faucet to introduce air into the stream — ; of water to thereby form a coherent stream of water | 15 including finely divided air bubbles, softening the im- - - paet to prevent splashing, The disclosure contains — : seven- forms differing in principlé as well & as in means Saae attachment to the faucet. - ae ESS. . ae a 3 a | turbelence render the bubbles finer” as sta column ‘1, line 33. ~ e the. jets 3.and the screen. While the patentee expresses 2 App. 402 — seveacoe: * Exhibit be : cant restricted himself rag a ‘subgene covered the forms shown by Fi By an élection made May 8, 1939, Paper No. . 10 A pli ar cain, 24 ‘® and 6. "2 aboWe & hollaw body 06 tstadel Ot ile teperend rovided with a flat seat to secure the perforated disk’ . against the ‘end of the faucet 11, a seat R for screen 28 and reduced outlet aperturer: The ‘plate ‘26 has a large number of apertures which when the faucet is opened dis- chargeva spray into the chamber which spray induces a i flow of air through channels 30. .The screen 28 mixes the air and .water while the restricted outlet reduces the size | of | the stream. . In Fig. 5 the body 44 clamps the - ate 48 -having } "single ventral orifice, a sane 4 plate 50: with a aioe - “obstruction to cause spattering Rs the sides. and a sereen 54. Small apertures adjacent the plate 48 introduce air which seems: th be induced by the spattered water and — mixed therewith by the screen 54 to form & stream ot water including air bubbles. ~- uy » Fig. 6 is similar to Fig, 5 exce pt that the disk 56 ro- vides water orifices near the walls of the body to form ‘a spray striking the shelf 60. and gefiected toward the -. center, - The patent to Friedrich relates to a foam producing appara ba method. As shown by Fig. 2, water under ressure. is gupplied b a: Eg to an annular oe rom which i enters the tube haying an-orifice 37 whereby a a et Wel cece ivte is formed. “The water jets induce fiow of air which mixes with the - water to form foam. The reduced outlet extending toward _ the left would form & coherent stream of the foam. The-—- _ water is mixed with a fom et forming L aatation hanes 16 the foam is stabilized. In baffles 161 to ‘‘retard the‘ y by _ The British patent to- Haisman et al Moline: a spray- : ing device including a chamber 1 having connection 4 to . . a source of pressure, a diaphragm 2 eee ori- fices 3,.a screen 6 in the outlet-and permit- ting the free entrance of air into eaeaer Geanane the intention of using the apertures 10 to: rénhove solid . particles, the. jets also inherently induce air so thatthe _ water will be mixed ‘with air. While the _ — is 2 ig 16 2 App. 103 Exhibit 16 ~ Plaintia stated to be a spray, it is ‘evident ee a une rae iy? Tee at of applicant, Fig. rence in result it most be 1 to portion .b diffe pre —s Hi 33 HE Ssesaza- rene . t closely 81 is any . tion in Claim B26 i Siis a ~ Z J | 2 App. 104°. Plaintiff’s ‘Exhibit 16 : i "e] these means are structurally resent in the British atent x '- gho a like screen. Friedrich shows screens 161 for © _ breaking up the water ‘and mixing it with air as well as a constricting outlet for uniting the fluid to form a single 4 : Oak “$6 is similar to claim 54 in that a single-ineans performs the essgéntial .step in the operation. The claim. -- gtates that the resistance of the ‘‘means” 28 and area | 78 . of the liquid orifice 26 are ‘so proportioned as to give . i i bi lication. If a perforated plate such as Sis used the means at the ontiet must be if. the plate 26 is used the plurhlity f . the desired jet. For that reason functional statement does not teach how the British nt would have to be modified to obtain the result. eg 8 e claim is.also beli¢ved to be met in. the Friedrich Claim 57 limits the last named ‘‘means” to a~screen 28 _ the onenings of which are ‘‘sufficiently close together so __ that the’ streams of aerated water issuing therefrom im- ? pectfully submitted, ‘Karl R. Fish : ” | ei iner, Division 32: but does not state what that proportion is. is no definite teaching of any quantitative. if induce and mix with air and the © oie 3 one stream; the screen could not, therefore, unite the tie > _ Plaintiff's Exhibit 16, 2 App. 105 i : 80 (Leterhead—Department of Commerce) (Paper No.. 22) | | February 8, — | Sir: The case of Elie Auhisiiios Soo = Serial No. 182,884, will be heard a by the Board of ‘Ap. peals on the Third day of June; 1 PThe hearings will commence at 9:30 -A. M. aun as soon | as the argument in one case is concluded the\s | ¢ case will be taken up. a °° © ‘“If_ any. party, or his attorney, shall not appear ‘hin © the case is ‘called, his right to an oral hearing will. al re- _ garded as waived. a \ The time allowed for arguments is as follo i - Ex parte cases, thirty minutes; 7 .¢ Inter partes. appeals: Interlocutory and final Sinica ey \ when no~-testimony: has ‘been taken, thirty minutes each — _ \ side; final hearing when testimony has. been taken, one hour each side. *. } By special leave, obtained béfore the argument is com- ‘menced, the time may be,extended.\ me gone appellant shall have the right to open and conclude S in inter partes cases, and in such cases a full and fair opening must be made, Briefs in inter partes appeals nist be filed i in ‘accord- Ey ance e with the. cas of Rules 144 and 163, as amended. To Benes “Conway P. Coe | | Commissioner of Patents e To: Mr. Jn Ba Bo; ig i ) ea . 801 W b. Loan & Trust Bldg, on & 81 Washington, D . C. : ina Jeg ee Bh: In rus Unrrap Graves Pasanr Orrion In rea sign ot phe Of Secs - Klie- Aghnides, ved , . ‘Serial No. 182,884 | — Before the ) Filed Dee 31,1987 = (ws Raard, of, Sunes, For Fluid Mixing Deview : 3 ) e ‘BRIEF i te | Piet 2 | This aventines: ‘relates to a ‘device that is ordinarily applied to a water faucet for the esse ee of making a co - 2 App.106 >. Plaintiff's Exhibit 16 * of water containing air bubbles aniformly disseminated + throughoat the jet. Such ‘a jet is whitish in appearance, . soft and light to the touch and possesses numerous ad- ‘\ ‘vantages not found: in the ordinary hard water jet as dis- ' charged from a faucet. For instance, when a full glass is of water is drawn through the device, myriads of bubbles . escape leaving only half of the glass full, thus proving the large amount of air that was intimately mixéd with .- the water. If one’s hand is put in the path of the bubbly jet, the jet will flow evenly and uniformly: over the surface’ ‘and will wet the entire surface without splashing. The "ing for making the jet in this manner. in all of them there is an up-stream apertured diaphragm, an aerating cham- to assist in breaking up the water. In Fig. 6 there: is up-stream diaphragm 56 with a limited number of. tere are ‘two’ sepa , jiquids with an up-stream diaphragm for each compa: A J : ber pravided with aif inlets and a down-stream screen Plaintiff's Exhibit 16 | 2 App. 107 ment beatin) a — of “apertures ne siaiaie down- — stream screens, . All these modifications produce the -. game kind of a coherent white jet and make it in the same manner, that is, by finely breaking up ‘the water and offering sufficient resistance for thoroughly mixing it with air. The essential featares of the invention, as: embodied in the various modified forms, shown in the drawing, com-. prise. an up-stream apertured | diaphragm, adapted to. deliver a stream of water with substantial velocity. and -a down-stream screen in the path of the stream of water _ which finely breaks up the, stream and mixes it with, air — - before discharge. The-screen offers only a small resistance | to the flow of the stream: thérethro that is, the re- quired minimum resistance necessary for the proper func- tioning of the device. In order to secomp plish ‘the desired -- ends there is a sufficient volume of f water of such a - velocity issuing from the up-stream. \ to od heal over and flood the down-stream screen offered by the down-stream screen or. been | is gor cme 3 to break the velocity of the stream of water, flood the _- sereen.and oblige, the fluid to divide and mix,: 93 When the water is turned on, if the faucet is opened — ‘only slightly so that very ‘little kinetic energy 18 de- - .*, veloped in the water ‘as ‘it emerges from the apertured | opera diaphragm, the water will discharge from the and without.air omg . As the faucet is opened. wider and - fre es of. the ater increases, mec Ee eee ea | ‘paste are band - . secured the. aerated. Sisters *t -chambay te eaeakads bahessia!s ih icooninatd throngheat the jt" if oa ees ak ede ' sufficiently close: together so that the streams of: water issuing g therefrom immediately join each other a perfectly normal manner — eye | i = ? t eo 2 App. 108. Plaintiff’s Exhibit 16 form a single jet. This result can also be attained by. utilizing a constricted discharge opening in association -with a screen having apertures not sufficiently close. to- . gether to cause the stream to unite, — Tits, ao @HE PRIOR ART The Examiner relies upon. two references, the U. S. Patent to Friedrich and the British patent to Haisman, - and takes the position that all the claims are met by either one of these referencés. It is admitted ‘by the Examiner. — and could not otherwise be denied that neither of these © patents: disclose an apparatus that will make a coherent t of water having small air bubbles disseminated Cee ae te 94 ° The title of the Friedrich patent is “Method and - - -Means for Producing Foam for Fire Extinction”’. There coald be no confusion between a coherent jet of . water having air bubbles disseminated throughout the jet ‘and what ‘is known as foam. In order to make the foam — _°, | of Friedrich certain foam forming chemical agents must ‘ be added to the\water. Sere 5, ae The British ntitled a’ “Spraying Device”. The device can .” (am uneven coating. W in full A 2 two tents. . % Big 3 A ve . : eas ‘ {THE FRIEDRIOH PATENT, - Whe Examiner seems to rely. particularly on the’ dis- - ¢losure in Fig. 2 of Friedrich, This is described. in the patent, page 3, column 1, lines 65,to.72 as follows: «si. _ -“Fn-the tube shown in Figure: 2 the water supplied. — under pressure. through the hose‘and ‘the connection | - 32 entefts the annular. conduit 33 and from thence is - as or. # a OR - Plaintiff's Exhibit 16 2 App. 109 | project’ trough the apertures 37 and 38 in sisieai | _ ing jets inclined: with respect tq the axis of the tube into the interior thereof, where “under the action of the turbulence of the: jets upon ”. air drawn ae foam i8 formed.” a ; This however is to be redd in connection with the. fol- lowing lines, page 2, column 1, lines 8 to 13; as follows: * «Tt is only essential that the jets should. meet one another at a small angle at a point preferably in the actual direction of ‘the tube so that at the meeting | point the jets break up, whereby with a foam former | “present, foam is generated:2 3 It is quitgapparent from. such isclosures that in the absence of a foam forming. agent the main purpose . i the invention is lost. It is true, as stated, in page 2, | second column, lines ‘51 to 52 that by cutting off the sup- "plies of foam former, water can be projected instead of foam. Nothing is said however as to how much air is | included in the water and if it is present, what. condition - the air is in the jet. It is also stated page 2, colamn 1 that either foam or water can be directed on a fire at — will. The purpose of the foam is to act as a blanket to— cut- off the air supply. To add air to the water stream in the. absence of foam and directing it on a fire would only bé adding oxygen to facilitate combustion ani thus would counteract the effeet of water. There is no dis-— closure in the patent at any- point that indicates that the patentee produces a jet having the characteristics of ap- _ plicant’s jet. And if he did produce such a similar jet he would have to produce it in a way different from eg disclosed and’ claimed. by applicant, The way in which .“. Friedrich operates is hy having the jets of water er pressure meet at a point in a long tube where consider- able turbulence is set up. To operate efficiently this tube; as shown in the drawings, is probably more than two. feet long as can be judged by the proportions of the portable type as shown in Fig. 8. ‘The Examiner also relies on the disclosure in Fig. 20° - of Friedrich, taking the position that it is the. equiva- lent of the down-stream screens of the applicant. The nozzle.shown in Fig. 20 is used ‘in connection with the ‘disclosure in Fig. 19 ini which foam is discharged in'a _ ¢losed chamber, ‘for — an oil tank. The Wxaminer ing is said in the patent as to what the effects of these fe) 2 App. 110.” > Plaintiff’s Exhibit 16 | : 2 - 4 ‘ y 7 4 . : *. y y Sg? y : y oh R64 takes the position that these baffles 161.will mix the air . — and water and form a coherent. jet having: bubbles of air. © ‘Tt is said in the patent page.5 column 1, lines 33 to 35, — that these guide surfaces 161 retard ‘the foam and by increasing the turbylence render, the: bubbles finer. Noth- surfaces. 161 would be if there: was no foam forming agent present. It is our position that instead of render- ‘ing the bubbles finer that they -would act as baffles to. - eliminate the hubbles from. the jet if any bubble was in — ae fe joan 86 “The nozzle 160 of Fig. 20 is shown only in-associa- - tion in the construction of Fig. 19 and whether. it has any other utility or not, is not disclosed in the patent. Wot only that, but these nozzles do not contract ‘the ‘jet to form a coherent stream of water, but they. permit the jet to expand due to the flaring construction. The same thing is true of the sprinkler head, shown in. Fig. 17; hoth of these nozzles may guide the liquid but thev Ho not divide it as does the screen of applicant; gee ‘‘inclined guide vanes 99°’; page 4, second column, line 38,. and “guide surfaces 161”, page. 5, column 1, line 38. aU SA eA, TR | : jee “In the absence of the foam forming agent it is believed . that it can be safelv stated that when the water discharges. from the foam: generating tube 31, Fig.. 2,-that there is i - no more air occluded in the water jet than is accomplished hy an ordinary injector operating on the Venturi prin--— . ciple. ‘That means, that whatever air bubbles are in the - ~ water jet at the discharge they escape ‘immediately. - Plaintiff’s Exhibit. 16 2 App. 111 t is: required is a means for subdividing finely the | cai ace outside of the device. It is stated in the , British patent, page 2, lines 25 to 27 that there is a. nozzle employed “so as to cause a free and substantially unbroken jet of * liquid pes Pam apt 9 RE 8 a stationary’. ~ foraminous screen of the nature of wire fabric.’’ As this unbroken jet of liquid hits the sereen in the British patent, due to the fact that there is insufficient re- ° 87 sistance in the screen, the jet of water is merely - subdivided and passes-into the atmosphere in the form of a mist but without any mixing of.air in the . stream of water. The reason why there is no mixing of ~ air is because the combined areas of the nozzles at the . upstream end are relatively small as compared with the area of the discharge outlet, and the relative resistance. to such a fine high. velocity. stream is low. . — | In order to make the British patent function in the Same way as in applicant’s device, one of two things - would have to be done.. The resistance of the screen at the outlet end would have to be increased to such a point that it would entrain the air inside. of the chamber and |. _ mix it with the water. One way of accomplishing this , increased resistance would be by using a plurality of. . screens superposed on each other. The other way would be by increasing the total orifice area at the upstream end and@from whence it impinges-on the screen, By so doing the water instead of merely passing through the screen floods the face of the screen and entrains the air in. it producing the jet efféet. It is apparent that until — air is mixed with the water by the screen and as it leaves the screen, there will be-no substantial induction of ‘air through the air ports. Only so much air is drawn through the air ports as leaves at the discharge end of . _the device mixed with the water and in the British patent — the nixing is nil. The openings 10 might serve to main- tain the atmospheric pressure as the-gradual rarefaction might break the jets which, according to the requirements of the British patent must be substantially unbroken, contrary to applicant’s device:which is arranged to break the jets and to mix them with the water. before the dis- charge. The British patent: does not claim that there is any air induced through the openings 10 and the purpose stated is to scavenge, but should the openings 10 improve . the spray it is for the reasons just stated oa | o in any of the references. 2 App. 112 © Plaintiff’s Exhibit 16 _ 88 THE NOVELTY IN APPLICANT'S CLAIMS. _ | All the claims are limited to a device for producing a coherent jet of water having small bubbles disseminated throughout the jet. This is a distinctive limitation in the - claims and since neither one of the patents produce such a jet it is.submitted that that alone would be enough to — warrant the allowance of the claims. The claims do not cover all means for making such a jet but only such means as are in the path of the stream of water after it leaves the orifice and before it discharges at the outlet — end and. this means must have the capacity of - finely breaking up the water and offering sufficient. resistance for thoroughly mixing it with air, and thereafter uniting the aerated water to form a coherent jet. The Examiner ° rejects on the ground that this is not a structural limita- tion. We refer to a long list of authorities on Page 5 — of the-gmendment of Jan. 12, 1940.. In a recent case in Chief Shaffer held:. Z | a =e : “Claims for. means coupled with statements of function are allowable where there is no ambignity. -Jt has long been the practice of the Patent Office ‘ _ to: permit use of means coupled. with statements of |. function as a convenient way in. which to concisely - . > express subject matter” In view of the various ways in which this result can be accomplished and the result being novel it -is difficult to see what other satisfactory way-can be had for ade- quatély claiming the invention. There is certainly no ambiguity in this phraseology. — _ Claim 55 contains the additional limitation of a separate ~ means for uniting the aerated water, Claim .56 contains - in addition to the limitations of claim 54 the relationship - between the resistance ef the screen and the yelocity of the entering water as measured by. the.cross sectional area of the orifice so as to flood the s¢reen. — Claim 57 specifies the presence of a screen at the dis-. charge end of the chamber, the’ openings in which. are’ sufficiently close together to cause the streams of aerated . water to join together to form a single jet... . — 89 | :Claim 58 contains in addition to the limitations - of claim 54 superposed screens and nowhere shown. decided by the Board ex parte Long 45 U.8.P.Q. Examiner -. ~ Plaintift’s Exhibit wo. App. 113° | “he absence of any péllabdie’ that shows, the, sdlbiniiets : of a jet of this character andyeven if they e absence ‘of the means set forth in these claims for. y seonpiaiog | the result, and the concise and lear limitations on the means for accomplishing the result-are any one of believed to be sufficient to warrant the allowance ‘of the | l one’ THE EXAMINER'S STATEMENT 3 Page 3 3, line 2, the Examiner states ‘that “the disclosure | contains seven forms differing in ciple”, but sla does: are state in what respect they differ in principle. This pplication has had a long _prosecation and this is the — first time that this. objection has been raised. We submit . that all of the forms are similar in principle in securing : ». the specified jet of water. ° 3 ' ; . .. ‘ a t 4 : ‘ , : : : ’ ye 2 : » ‘ sd . . ‘ . | . : | re ; ¢ é “g a : ° é Ta 3 7 ’ | , ‘ é. . ‘ . x 4 ¢ ay * . ° ey yaar P ; ! ry * ng ¥ . ro ‘ & \ « “ Ee * + oi % - of a 7 * f vy oe , ’ 1 ¢ ° Baie — * . ‘ ° be : * ni prisoned air in the jet; closed. gave the same amount and kind of la ther as with — ‘the air ports open, proving that the lather poagphios es ” | when the air ports were open wag not due to the air en- . in this: respect by the soap experiment without ice but the water flowing from the fancet | otly tate. the ; 5 The ‘jet is grayi ish ‘when the device is functioning BBE \s, like’ the ordinary tap water flowing with higt > operated .with the air ports aad | 96 Comparison of Hamas Devi and Apia « | etingy E : wade air is cnirhined geen . the form of small bubbles imprisoned in LABS '. water jet and the air separates in ry ly fr .' water at the discharge end .of the device and _ remain in the jet. \ \ : 3. The flow of ‘the jet on liquid soap » produced some the bowl containing" ‘the liquid soap and not from a 4 4. The soap experiment pacenited with the air i trained through the device. Further evidence was Pca | a the liquid soap, the same. of lather — € ei penal velocity, and remained the same when the device aa ‘\ No. 182,884. “Fluid: Mixing - a -— Plaintidt's Kxhibit 16° 2 App, 119 4 a | ssk t be 8 a : (Stamp—U. 8. Patent Ofico—Board of. Appalo une 18 1940) , In sau Unrrep Srares Parawt Ormica Before the Board of Appeals - Bx Parte Blie Aghnides os Application for Patent December $1,” 1987, Serial N Mr. - Frank 8. ‘Appleman: one Me. John Boyle, Jr. Ba Se _o~ - to hae, ‘ . o- er" ‘ , .% * wee, e > J y 4 P _“cgerent jet having sinall bubbles disseminated throughout = - _ “She references: relied upon by the examiner are 1s y A A .. Bree gS =a ee \ : (> \ . - \ : a: o we * fv . : - > . ~ “ ——€ A be o ’ ‘ . we . 2 App. (220 “water, and means, Hees @ ol helt ee Friedrich ©. , ~. >-£,003,184 - ——- May 28, 1935 120 Plaintiff's Exhibit 16» . . chamber through which air is induced by the stream of — water, an in the path of the stream of water after | - it leaves the orifice and before it discharges at the outlet - ' end, for finely pas ey up the baeem and for offering .\ | _» gufficient' resistance for thoroughly | ‘for thereafter uniting the aerated water to form a co- the jet. - follows : ee co The invention relates to a device attachable to a water faucet which will introduce air into the water = ‘\passing through :it and form a coherent jet of aerated — water issuing from.it.-The coherent water jet contains y divided air:bubbles. The device includes a chamber, -'- @penings. ‘The chamber is. provided near the lower. end ~ with a sereen which breaks up the-stream of water and _. offers ‘sufficient resistance: for thoroughly mixing the - water with the air drawn into the chamber. The extension. _ -of.the.chamber below the screen is restricted in cross sec- | +. tion and serves to unite the aerated, water into @ cO- -. ferent jet. ‘This jet contains the air bubbles disseminated ough it and remains coherent as it issues and does not — a. @on the disclosures of either one — ‘of two references in rejecting the. claims. The: Friedrich — pat [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386418_1560%3A3. Public record. Not legal advice.