DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The response filed on January 8th 2026 is acknowledged. One page of amended specification and four pages of amended claims were received on 1/8/2026. The specification has been amended such that the drawings are no longer objected to.
Claims 1-15 have been cancelled, Claims 16-20 have been amended, and Claims 21-32 are newly presented. The claims have been amended to overcome previous objections to the specification, previous claim objections, and previous rejections under 35 U.S.C. 112(b) in the non-final rejection mailed 9/8/2025. The specification is now objected to as noted below. Claims 16-17, 21-23, 27-29, and 32 are now objected to as noted below and Claims 16-32 are rejected as noted below.
Terminal Disclaimer
The terminal disclaimer filed on April 13th 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on application 18/598,182 or 19/402,401 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report submitted 4/28/2022 have not been considered unless otherwise listed on form PTO-892. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
Election/Restrictions
Applicant’s election of the spray gun device of Invention Group III in the reply filed on 7/11/2025 in response to the requirement for restriction mailed 2/11/2025 is acknowledged.
Claims 1-15, which have now been cancelled, were previously withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
Specification
The amendment filed 4/28/2022 to Page 1 of the Specification is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The amendment for incorporation by reference of PCT/US2020/058426 on Page 1 of the Specification is ineffective as it was added on the date of entry into the national stage on 4/28/2022, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of the associated PCT application, in this case 10/30/2020, see MPEP 1893.03(b). Therefore the amendment to Page 1 of the Specification on 4/28/2022 to include the incorporation by reference is considered new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 16-17, 21-23, 27-29, and 32 are objected to because of the following informalities:
In Claim 16 Line 8, “on a left side of a handle” should be revised to “on a left side of the handle” to ensure clarity in the claim.
In Claim 16 Line 9, “on a right side of a handle” should be revised to “on a right side of the handle to ensure clarity in the claim.
In Claim 17 Line 3, “the operator’s thumb” should be revised to “a thumb of the operator” to ensure clarity in the claim.
In Claim 17 Lines 4-5, “the operator’s index finger” should be revised to “an index finger of the operator” to ensure clarity in the claim.
In Claim 21 Lines 2-3, “the palm swell of the handle” should be revised to “a palm swell of the handle” to ensure clarity in the claim.
In Claim 22 Line 9, “on a right side of a handle” should be revised to “on a right side of the handle” to ensure clarity in the claim.
In Claim 22 Line 14, “the palm swell of the handle” should be revised to “a palm swell of the handle” to ensure clarity in the claim.
In Claim 23 Lines 2-3, “the operator’s thumb” should be revised to “a thumb of the operator” to ensure clarity in the claim.
In Claim 23 Lines 3-4, “the operator’s index finger” should be revised to “an index finger of the operator” to ensure clarity in the claim.
In Claim 27 Line 8, “on a left side of a handle” should be revised to “on a left side of the handle” to ensure clarity in the claim.
In Claim 27 Line 9, “on a right side of a handle” should be revised to “on a right side of the handle” to ensure clarity in the claim.
In Claim 28 Lines 2-3, “the operator’s thumb” should be revised to “a thumb of the operator” to ensure clarity in the claim.
In Claim 28 Lines 4, “the operator’s index finger” should be revised to “an index finger of the operator” to ensure clarity in the claim.
In Claim 29 Line 2, “a strap” should be revised to “the removable strap” to ensure clarity in the claim while using terminology that is consistent with what is used elsewhere throughout the claim.
In Claim 29 Line 3, “the strap” should be revised to “the removable strap” to ensure clarity in the claim while using terminology that is consistent with what is used elsewhere throughout the claim.
In Claim 32 Lines 2-3, “the palm swell of the handle” should be revised to “a palm swell of the handle” to ensure clarity in the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The examiner notes that the term “attachment member” in Claim 27 is not being interpreted under 35 U.S.C. 112(f). Though the term “attachment member” uses the generic placeholder “member” coupled with functional language, an “attachment member” is determined to be structure that is known by one of ordinary skill in the art to be equivalent to an “attachment”, which is as a physical connection by which one thing is attached to another.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 16-17 and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PGPUB 2018/0126396 A1 to Ellis et al. (“Ellis”).
As to Claim 16, Ellis discloses a spray gun device (See Figs. 1A-1B), comprising:
a mix chamber assembly (See Fig. 1C, the mix chamber assembly is made up of #106 with #126 and #110) having at least two bores (#124 and #125) configured to receive a first fluid and a second fluid (See Paragraphs 0067-0068), and a chamber (See a central passage of #110 in Fig. 3A) fluidly coupled to the at least two bores (See Fig. 3B), the chamber configured to mix the first fluid and the second fluid (See Fig. 3B and Paragraph 0068);
a handle (See Annotated Fig. 1A);
a winged extension (See Annotated Fig. 1A, the winged extension is a portion of the spray gun above the handle, which is symmetrical) disposed to contact at least a portion of a back hand of an operator when the operator holds the spray gun device via the handle (See Annotated Fig. 1A, the winged extension is arranged such that at least a portion of a back hand of an operator can contact the winged extension when the operator holds the handle); and
a left coupler (#117) positioned over the winged extension on a left side of a handle (See Annotated Fig. 1A, the left coupler is vertically above the winged extension) and a right coupler (#116) positioned over the winged extension on a right side of a handle (See Annotated Fig. 1A, the right coupler is vertically above the winged extension), wherein each of the left coupler and right coupler is configured to releasably receive a hose (See Figs. 1A-1C and Paragraph 0068. Hoses #113 and #114 can be releasably attached to couplers #116 and #117).
As to Claim 17, in reference to the spray gun device of Ellis as applied to Claim 16 above, Ellis further discloses wherein the winged extension comprises a first curved bottom portion configured to comformably fit an upper portion of the operator's thumb (See Annotated Fig. 1A, the portion C1 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s thumb at least to some extent), and a second curved bottom portion configured to comformably fit an upper portion of the operator's index finger (See Annotated Fig. 1A, the portion C2 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s index finger at least to some extent).
As to Claim 19, in reference to the spray gun device of Ellis as applied to Claim 16 above, Ellis further discloses wherein the mix chamber assembly comprises a grooved opening leading to the chamber (See internal threads of #126 in Fig. 3A), wherein the grooved opening is sized to receive a threaded mix tip (#127, #128, and #129, See Paragraph 0064), and wherein the threaded mix tip comprises a spray opening (#145) to be fluidly coupled to the chamber to spray a mixed fluid resulting from the first fluid and the second fluid mixing in the chamber (See Paragraph 0068 and Fig. 3B).
As to Claim 20, in reference to the spray gun device of Ellis as applied to Claim 16 above, Ellis further discloses wherein the spray gun device does not include an air cap (See Figs 1A-1C. No air cap is shown or disclosed and Per Paragraph 0067 air is used as an actuation fluid.).
As to Claim 21, in reference to the spray gun device of Ellis as applied to Claim 16 above, Ellis further discloses wherein the left coupler positioned over the winged extension on the left side of the handle is positioned outboard of the palm swell of the handle, and wherein the right coupler positioned over the winged extension on the right side of the handle is positioned outboard of the palm swell of the handle (See Annotated Fig. 1A).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 18 and 22-32 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis in view of CN-208873153-U to Fang (“Fang”).
Regarding Claim 18, in reference to the spray gun device of Ellis as applied to Claim 16 above, Ellis does not disclose wherein the winged extension comprises a first opening and a second opening configured to receive a first end of a strap, and wherein the first end of the strap may be inserted into the first opening or into the second opening.
However, Fang discloses a gun device (See Fig. 1) comprising an extension (See an upper portion of #2 in Annotated Fig. 1) having a first opening and a second opening configured to receive a first end of a strap (See Annotated Fig. 1), and wherein the first end of the strap may be inserted into the first opening or into the second opening (See Annotated Fig. 1, See Fig. 3, and See Fang Machine Translation of Description Page 4 Paragraph 2).
It is noted that while Fang is not in the same field of endeavor, Fang addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically effectively affixing a gun on a hand and avoiding excessive force being exerted on a person (See the Abstract of Fang and See Paragraph 0045 of Applicant’s Specification”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spray gun device of Ellis as applied to Claim 16 above such that the winged extension comprises the first opening and the second opening of Fang configured to receive a first end of the strap of Fang, and wherein the first end of the strap may be inserted into the first opening or into the second opening, since doing so would yield the predictable result of allowing a person to have the spray gun device effectively supported on either hand (See Abstract of Fang and See Machine Translation of Description Page 4 Paragraph 2).
As to Claim 22, Ellis discloses a spray gun device (See Figs. 1A-1B), comprising:
a mix chamber assembly (See Fig. 1C, the mix chamber assembly is made up of #106 with #126 and #110) having at least two bores (#124 and #125) configured to receive a first fluid and a second fluid (See Paragraphs 0067-0068), and a chamber (See a central passage of #110 in Fig. 3A) fluidly coupled to the at least two bores (See Fig. 3B), the chamber configured to mix the first fluid and the second fluid (See Fig. 3B and Paragraph 0068);
a handle (See Annotated Fig. 1A);
a winged extension (See Annotated Fig. 1A, the winged extension is a portion of the spray gun above the handle, which is symmetrical) disposed to contact at least a portion of a back hand of an operator when the operator holds the spray gun device via the handle (See Annotated Fig. 1A, the winged extension is arranged such that at least a portion of a back hand of an operator can contact the winged extension when the operator holds the handle);
a left coupler (#117) positioned over the winged extension on a left side of the handle (See Annotated Fig. 1A, the left coupler is vertically above the winged extension) and a right coupler (#116) positioned over the winged extension on a right side of a handle (See Annotated Fig. 1A, the right coupler is vertically above the winged extension), wherein each of the left coupler and right coupler is configured to releasably receive a hose (See Figs. 1A-1C and Paragraph 0068. Hoses #113 and #114 can be releasably attached to couplers #116 and #117); and
wherein the left coupler positioned over the winged extension on the left side of the handle is positioned outboard of the palm swell of the handle, and wherein the right coupler positioned over the winged extension on the right side of the handle is positioned outboard of the palm swell of the handle (See Annotated Fig. 1A).
Regarding Claim 22, in reference to the spray gun device of Ellis as applied to Claim 22 above, Ellis does not disclose the spray gun device comprising a removable strap extending from the winged extension to a bottom portion of the handle.
However, Fang discloses a gun device (See Fig. 1) comprising a removable strap (#5) extending from an extension (See an upper portion of #2 in Annotated Fig. 1) to a bottom portion (#10) of a handle (See Annotated Fig. 1).
It is noted that while Fang is not in the same field of endeavor, Fang addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically effectively affixing a gun on a hand and avoiding excessive force being exerted on a person (See the Abstract of Fang and See Paragraph 0045 of Applicant’s Specification”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spray gun device of Ellis as applied to Claim 22 above such that the spray gun device comprises the removable strap of Fang extending from the winged extension of Ellis to the bottom portion of Fang incorporated on the handle of Ellis, since doing so would yield the predictable result of allowing a person to have the spray gun device effectively supported on either hand (See Abstract of Fang and See Machine Translation of Description Page 4 Paragraph 2).
As to Claim 23, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 22 above, Ellis further discloses wherein the winged extension comprises a first curved bottom portion configured to comformably fit an upper portion of the operator's thumb (See Annotated Fig. 1A, the portion C1 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s thumb at least to some extent), and a second curved bottom portion configured to comformably fit an upper portion of the operator's index finger (See Annotated Fig. 1A, the portion C2 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s index finger at least to some extent).
As to Claim 24, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 22 above, Fang further discloses wherein the winged extension comprises a first opening and a second opening (See Annotated Fig. 1) configured to receive a first end of the removable strap (#6, See Fig. 3), and wherein the first end of the removable strap may be inserted into the first opening or into the second opening (See Annotated Fig. 1, See Fig. 3, and See Fang Machine Translation of Description Page 4 Paragraph 2).
As to Claim 25, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 22 above, further discloses wherein the mix chamber assembly comprises a grooved opening leading to the chamber (See internal threads of #126 in Fig. 3A), wherein the grooved opening is sized to receive a threaded mix tip (#127, #128, and #129, See Paragraph 0064), and wherein the threaded mix tip comprises a spray opening (#145) to be fluidly coupled to the chamber to spray a mixed fluid resulting from the first fluid and the second fluid mixing in the chamber (See Paragraph 0068 and Fig. 3B).
As to Claim 26, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 22 above, Ellis further discloses wherein the spray gun device does not include an air cap (See Figs 1A-1C. No air cap is shown or disclosed and Per Paragraph 0067 air is used as an actuation fluid.).
As to Claim 27, Ellis discloses a spray gun device (See Figs. 1A-1B), comprising:
a mix chamber assembly (See Fig. 1C, the mix chamber assembly is made up of #106 with #126 and #110) having at least two bores (#124 and #125) configured to receive a first fluid and a second fluid (See Paragraphs 0067-0068), and a chamber (See a central passage of #110 in Fig. 3A) fluidly coupled to the at least two bores (See Fig. 3B), the chamber configured to mix the first fluid and the second fluid (See Fig. 3B and Paragraph 0068);
a handle (See Annotated Fig. 1A);
a winged extension (See Annotated Fig. 1A, the winged extension is a portion of the spray gun above the handle, which is symmetrical) disposed to contact at least a portion of a back hand of an operator when the operator holds the spray gun device via the handle (See Annotated Fig. 1A, the winged extension is arranged such that at least a portion of a back hand of an operator can contact the winged extension when the operator holds the handle);
a left coupler (#117) positioned over the winged extension on a left side of a handle (See Annotated Fig. 1A, the left coupler is vertically above the winged extension) and a right coupler (#116) positioned over the winged extension on a right side of a handle (See Annotated Fig. 1A, the right coupler is vertically above the winged extension), wherein each of the left coupler and right coupler is configured to releasably receive a hose ((See Figs. 1A-1C and Paragraph 0068. Hoses #113 and #114 can be releasably attached to couplers #116 and #117); and
wherein the left coupler positioned over the winged extension on the left side of the handle is positioned outboard of the handle, and wherein the right coupler positioned over the winged extension on the right side of the handle is positioned outboard of the handle (See Annotated Fig. 1A).
Regarding Claim 27, in reference to the spray gun device of Ellis as applied to Claim 27 above, Ellis does not disclose the spray gun device comprising a removable strap extending from the winged extension to an attachment member on a bottom portion of the handle.
However, Fang discloses a gun device (See Fig. 1) comprising a removable strap (#5) extending from an extension (See an upper portion of #2 in Annotated Fig. 1) to an attachment member (#10) on a bottom portion of a handle (See Annotated Fig. 1).
It is noted that while Fang is not in the same field of endeavor, Fang addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically effectively affixing a gun on a hand and avoiding excessive force being exerted on a person (See the Abstract of Fang and See Paragraph 0045 of Applicant’s Specification”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spray gun device of Ellis as applied to Claim 27 above such that the spray gun device comprises the removable strap of Fang extending from the winged extension of Ellis to the attachment member #10 of Fang incorporated on a bottom portion of the handle of Ellis, since doing so would yield the predictable result of allowing a person to have the spray gun device effectively supported on either hand (See Abstract of Fang and See Machine Translation of Description Page 4 Paragraph 2).
As to Claim 28, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 27 above, Ellis further discloses wherein the winged extension comprises a first curved bottom portion configured to comformably fit an upper portion of the operator's thumb (See Annotated Fig. 1A, the portion C1 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s thumb at least to some extent), and a second curved bottom portion configured to comformably fit an upper portion of the operator's index finger (See Annotated Fig. 1A, the portion C2 on the symmetrical winged extension has a curved surface and is capable of conformably fitting at least portion of an upper part of an operator’s index finger at least to some extent).
As to Claim 29, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 27 above, Fang further discloses wherein the winged extension comprises a first opening and a second opening (See Annotated Fig. 1) configured to receive a first end of a strap (#6, See Fig. 3), and wherein the first end of the strap may be inserted into the first opening or into the second opening (See Annotated Fig. 1, See Fig. 3, and See Fang Machine Translation of Description Page 4 Paragraph 2).
As to Claim 30, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 27 above, further discloses wherein the mix chamber assembly comprises a grooved opening leading to the chamber (See internal threads of #126 in Fig. 3A), wherein the grooved opening is sized to receive a threaded mix tip (#127, #128, and #129, See Paragraph 0064), and wherein the threaded mix tip comprises a spray opening (#145) to be fluidly coupled to the chamber to spray a mixed fluid resulting from the first fluid and the second fluid mixing in the chamber (See Paragraph 0068 and Fig. 3B).
As to Claim 31, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 27 above, Ellis further discloses wherein the spray gun device does not include an air cap (See Figs 1A-1C. No air cap is shown or disclosed and Per Paragraph 0067 air is used as an actuation fluid.).
As to Claim 32, in reference to the spray gun device of Ellis in view of Fang as applied to Claim 27 above, Ellis further discloses wherein the left coupler positioned over the winged extension on the left side of the handle is positioned outboard of the palm swell of the handle, and wherein the right coupler positioned over the winged extension on the right side of the handle is positioned outboard of the palm swell of the handle (See Annotated Fig. 1A).
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Response to Arguments
Applicant’s arguments filed 1/8/2026 with respect to Claims 16-32 have been considered but are moot because the new grounds of rejection under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571)-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN EDWARD SCHWARTZ/Examiner, Art Unit 3752
April 13, 2026
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