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 Amendment filed December 3rd, 2025 has been entered. Claims 1-8, 10-13, and 15-20 remain pending in the application. Applicant’s amendments to the claims have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed September 3rd, 2025.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Klein, II et al. (US Patent 5,757,498, herein referenced to as Klein) in view of Zumberger et al. (US 20160288145 A1).
In regards to claim 1, Klein discloses a spray assembly (10, Fig. 1) comprising:
a spray nozzle (14, Fig. 1); and
a sensor air shield assembly (12, 48, 46, Figs. 1-2), the sensor air shield assembly comprising:
a housing (30, Fig. 3) having a sensor mount (32, internal space within housing 30 where sensor head 12 is placed, sensor head 12 is mounted within housing 30 using screws 32, Fig. 3, Col. 4, Ln. 4-15);
a sensor (12, Figs. 1-3) supported on the sensor mount (32, internal space within housing 30 where sensor head 12 is placed, shown in Fig. 3), the sensor (12, Figs. 1-3) having a lens (38, 40, transmitting and receiving windows 38 and 40 are glass lenses, Figs. 2-3, Col. 3, Ln. 30-32) with a line of sight (26, Fig. 1) to a target zone (zone indicated by lines 18a and 18b, shown in Fig. 1) of the spray nozzle (interpreting as spray assembly, 10, Fig. 1);
an air inlet (44, 48, Figs. 1-3) provided on the housing (30, shown in Fig. 3) that is connectable to a regulated pressurized air supply (46, shown in Fig. 2);
an air passage (50, 52, Fig. 3) in the housing (30, shown in Fig. 3) in communication with the air inlet (44, 48, shown in Fig. 3); and
a discharge orifice (54, Fig. 3) in the housing (30, shown in Fig. 3) and in communication with the air passage (50, 52, shown in Fig. 3), the discharge orifice (54, Fig. 3) being arranged on the housing (30, Fig. 3) in proximity to the sensor lens (38, 40, shown in Fig. 3) and directed such that air exiting the discharge orifice (54, Fig. 3) passes across the lens (38, 40, Figs. 2-3) of the sensor (12, air curtain tube 52 has line of perforations 54 which are air outlets that discharge a curtain of air in front of the windows 38 and 40, Figs. 1-3, Col. 4, Ln. 21-26).
However, Klein does not disclose an air deflector downstream of the discharge orifice for shaping air exiting the discharge orifice towards the lens of the sensor. Zumberger teaches a spray assembly (50, Figs. 1-3) comprising an air deflector surface (internal surface within air halo nozzle assembly 50, shown in Figs. 3-5) downstream of the discharge orifice (132 in Fig. 2, opening within air halo nozzle assembly 50 where elongated gas flow 35 flows from, shown in Figs. 3-5) for shaping air exiting the discharge orifice (132 in Fig. 2, opening within air halo nozzle assembly 50 where elongated gas flow 35 flows from, air halo assembly 50 and its internal surface are structured to create a defined, elongated gas flow 35, such as a tubular column of air, a tapered column of air, or an axial vortex of air, shown in Figs. 3-5, Paragraph 0058).
Klein and Zumberger are considered to be analogous art to the claimed invention because they are in the same field of spray assemblies with air shields. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the air deflector surface taught in Zumberger’s spray assembly to Klein’s spray assembly, to have an air deflector downstream of the discharge orifice for shaping air exiting the discharge orifice towards the lens of the sensor. The air deflector taught in Zumberger would be added downstream to Klein’s discharge orifice to have an air deflector downstream of the discharge orifice for shaping air exiting the discharge orifice towards the lens of the sensor. Doing so better directs fluid flow to a desired location (Zumberger, Paragraphs 0008-0009, 0049).
In regards to claim 2, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the spray nozzle (14, Fig. 1) is actuated based on a signal generated by the sensor (12, sensor head 12 measures the distance of the nozzle 14 and generates a signal that is transmitted to the controller 22, and the information can also be used to control operation of the spray gun, Figs. 1-3, Col. 3, Ln. 13-35, Col. 4, Ln. 30-42, Col. 2, Ln. 24-27).
With respect to claim 3, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the sensor (12, Figs. 1-3) is arranged in proximity to the spray nozzle (14, shown in Fig. 1).
Regarding claim 4, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the air passage (50, 52, Fig. 3) extends in perpendicular relation to the line of sight (26, not explicitly shown in Fig. 3, but line 26 would be in the longitudinal direction in Fig. 3, Fig. 1) of the sensor (12, Figs. 1-3).
With respect to claim 5, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the air passage (50, 52, Fig. 3) has a cylindrical section (manifold 50 and air curtain tube 52 are tubular and cylindrical shapes, shown in Fig. 3, Col. 4, Ln. 16-29).
In regards to claim 10, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the sensor mount (32, internal space within housing 30 where sensor head 12 is placed, Fig. 3) is a receptacle (interpreting as one that receives and contains something, or a container, Merriam-Webster Dictionary, internal space within housing 30 where sensor head 12 is placed receives and contains the sensor head 12, shown in Fig. 3) within which the sensor (12, Figs. 1-3) is received (shown in Fig. 3).
With respect to claim 11, Klein, as modified by Zumberger, discloses the spray assembly of claim 1. Klein further discloses the sensor mount (32, internal space within housing 30 where sensor head 12 is placed, Fig. 3) is a mounting surface to which the sensor (12, Figs. 1-3) is mounted by removable fasteners (32, sensor head 12 is mounted within housing 30 using screws 32, Fig. 3, Col. 4, Ln. 4-15).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Klein, II et al. (US Patent 5,757,498, herein referenced to as Klein) in view of Zumberger et al. (US 20160288145 A1) as applied to claims 1 and 5 above, and further in view of Toh et al. (US 20140367481 A1).
In regards to claim 6, Klein, as modified by Zumberger, discloses the spray assembly of claim 5. Klein further discloses the cylindrical section (passage within manifold 50, Fig. 3) is a first section (shown in Fig. 3). However, Klein and Zumberger do not teach the air passage further includes a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction. Toh teaches a spray assembly (400, Fig. 4) comprising the cylindrical section (402, Figs. 4-5) is a first section (shown in Figs. 4-5) and the air passage (518, Fig. 5) further includes a second section (422, Figs. 4-5) having a fan-shaped configuration (shown in Figs. 4-5) that expands continuously outward as it extends in the downstream direction (shown in Figs. 4-5).
Klein, Zumberger, and Toh are considered to be analogous art to the claimed invention because they are in the same field of spray assemblies with air shields. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second section taught in Toh’s spray assembly to Klein’s spray assembly, as modified by Zumberger, to have the air passage further includes a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction. The second passage taught in Toh’s spray assembly would be placed between the manifold 50 and the air curtain tube 52 in Klein’s spray assembly, as modified by Zumberger above. Doing so further controls the flow of fluid within a passage (Toh, Paragraphs 0140, 0157).
In regards to claim 7, Klein, as modified by Zumberger and Toh, discloses the spray assembly of claim 6. Klein, as modified by Zumberger and Toh above regarding claim 6, would result in the air passage (50, 52, Fig. 3) further includes a third section (passage within air curtain tube 52, Fig. 3) downstream of the second section, the third section (passage within air curtain tube 52, Fig. 3) having a rectangular cross-sectional configuration (shown in Fig. 3).
With respect to claim 8, Klein, as modified by Zumberger and Toh, discloses the spray assembly of claim 7. Klein discloses the discharge orifice (54, Fig. 3) has a rectangular configuration (shown in Fig. 3).
Claims 12-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Klein, II et al. (US Patent 5,757,498, herein referenced to as Klein) in view of Toh et al. (US 20140367481 A1).
Regarding claim 12, Klein discloses a sensor air shield assembly (12, 48, 46, Figs. 1-2) comprising:
a housing (30, Fig. 3) having a sensor mount (32, internal space within housing 30 where sensor head 12 is placed, sensor head 12 is mounted within housing 30 using screws 32, Fig. 3, Col. 4, Ln. 4-15);
a sensor (12, Figs. 1-3) supported on the sensor mount (32, internal space within housing 30 where sensor head 12 is placed, shown in Fig. 3), the sensor (12, Figs. 1-3) having a lens (38, 40, transmitting and receiving windows 38 and 40 are glass lenses, Figs. 2-3, Col. 3, Ln. 30-32);
an air inlet (44, 48, Figs. 1-3) provided on the housing (30, shown in Fig. 3) that is connectable to a regulated pressurized air supply (46, shown in Fig. 2);
an air passage (50, 52, Fig. 3) in the housing (30, shown in Fig. 3) in communication with the air inlet (44, 48, shown in Fig. 3); and
a discharge orifice (54, Fig. 3) in the housing (30, shown in Fig. 3) and in communication with the air passage (50, 52, shown in Fig. 3), the discharge orifice (54, Fig. 3) being arranged on the housing (30, Fig. 3) in proximity to the sensor lens (38, 40, shown in Fig. 3) and directed such that air exiting the discharge orifice (54, Fig. 3) passes across the lens (38, 40, Figs. 2-3) of the sensor (12, air curtain tube 52 has line of perforations 54 which are air outlets that discharge a curtain of air in front of the windows 38 and 40, Figs. 1-3, Col. 4, Ln. 21-26);
wherein the air passage (50, 52, Fig. 3) has a first cylindrical section (passage within manifold 50, manifold 50 and air curtain tube 52 are tubular and cylindrical shapes, shown in Fig. 3, Col. 4, Ln. 16-29).
However, Klein does not disclose the air passage has a first cylindrical section and a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction as claimed. Toh teaches a sensor air shield assembly (400, Fig. 4) comprising the air passage (518, Fig. 5) has a first cylindrical section (402, Figs. 4-5) and a second section (422, Figs. 4-5) having a fan-shaped configuration (shown in Figs. 4-5) that expands continuously outward as it extends in the downstream direction (shown in Figs. 4-5).
Klein and Toh are considered to be analogous art to the claimed invention because they are in the same field of spray assemblies with air shields. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second section taught in Toh’s sensor air shield assembly to Klein’s sensor air shield assembly, to have the air passage has a first cylindrical section and a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction. The second passage taught in Toh’s sensor air shield assembly would be placed between the manifold 50 and the air curtain tube 52 in Klein’s sensor air shield assembly. Doing so further controls the flow of fluid within a passage (Toh, Paragraphs 0140, 0157).
In regards to claim 13, Klein, as modified by Toh, discloses the sensor air shield of claim 12. Klein further discloses the sensor (12, Figs. 1-3) has a line of sight (26, Fig. 1) and the air passage (50, 52, Fig. 3) extends in perpendicular relation to the line of sight (26, not explicitly shown in Fig. 3, but line 26 would be in the longitudinal direction in Fig. 3, Fig. 1) of the sensor (12, Figs. 1-3).
With respect to claim 15, Klein, as modified by Toh, discloses the sensor air shield of claim 12. Klein, as modified by Toh above regarding claim 12, would result in the air passage (50, 52, Fig. 3) further includes a third section (passage within air curtain tube 52, Fig. 3) downstream of the second section, the third section (passage within air curtain tube 52, Fig. 3) having a rectangular cross-sectional configuration (shown in Fig. 3).
With respect to claim 16, Klein, as modified by Toh, discloses the sensor air shield of claim 15. Klein discloses the discharge orifice (54, Fig. 3) has a rectangular configuration (shown in Fig. 3).
With respect to claim 17, Klein discloses a sensor air shield assembly (12, 48, 46, Figs. 1-2) comprising:
a housing (30, Fig. 3) having a sensor mount (32, internal space within housing 30 where sensor head 12 is placed, sensor head 12 is mounted within housing 30 using screws 32, Fig. 3, Col. 4, Ln. 4-15) for supporting a sensor (12, shown in Fig. 3);
an air inlet (44, 48, Figs. 1-3) provided on the housing (30, shown in Fig. 3) that is connectable to a regulated pressurized air supply (46, shown in Fig. 2);
an air passage (50, 52, Fig. 3) in the housing (30, shown in Fig. 3) in communication with the air inlet (44, 48, shown in Fig. 3); and
a discharge orifice (54, Fig. 3) in the housing (30, shown in Fig. 3) and in communication with the air passage (50, 52, shown in Fig. 3), the discharge orifice (54, Fig. 3) being arranged on the housing (30, Fig. 3) in proximity to the sensor mount (32, internal space within housing 30 where sensor head 12 is placed, shown in Fig. 3);
wherein the air passage (50, 52, Fig. 3) has a first cylindrical section (passage within manifold 50, manifold 50 and air curtain tube 52 are tubular and cylindrical shapes, shown in Fig. 3, Col. 4, Ln. 16-29).
However, Klein does not disclose the air passage has a first cylindrical section and a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction as claimed. Toh teaches a sensor air shield assembly (400, Fig. 4) comprising the air passage (518, Fig. 5) has a first cylindrical section (402, Figs. 4-5) and a second section (422, Figs. 4-5) having a fan-shaped configuration (shown in Figs. 4-5) that expands continuously outward as it extends in the downstream direction (shown in Figs. 4-5).
Klein and Toh are considered to be analogous art to the claimed invention because they are in the same field of spray assemblies with air shields. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second section taught in Toh’s sensor air shield assembly to Klein’s sensor air shield assembly, to have the air passage has a first cylindrical section and a second section downstream of the first section, the second section having a fan-shaped configuration that expands continuously outward as it extends in the downstream direction. The second passage taught in Toh’s sensor air shield assembly would be placed between the manifold 50 and the air curtain tube 52 in Klein’s sensor air shield assembly. Doing so further controls the flow of fluid within a passage (Toh, Paragraphs 0140, 0157).
Regarding claim 18, Klein discloses the sensor air shield of claim 17. Klein further discloses the air passage (50, 52, Fig. 3) has a cylindrical section (manifold 50 and air curtain tube 52 are tubular and cylindrical shapes, shown in Fig. 3, Col. 4, Ln. 16-29).
Regarding claim 19, Klein discloses the sensor air shield of claim 18. Klein, as modified by Toh above regarding claim 17, would result in the air passage (50, 52, Fig. 3) further includes a third section (passage within air curtain tube 52, Fig. 3) downstream of the second section, the third section (passage within air curtain tube 52, Fig. 3) having a rectangular cross-sectional configuration (shown in Fig. 3).
In regards to claim 20, Klein, as modified by Toh, discloses the sensor air shield of claim 19. Klein discloses the discharge orifice (54, Fig. 3) has a rectangular configuration (shown in Fig. 3).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10-13, and 15-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to applicant's argument that Klein, in view of Zumberger, and Klein, in view of Toh, do not yield the subject matter of amended independent claims 1, 12, and 17, see Remarks, pg. 6-8, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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 Anna T Ho whose telephone number is (571)272-2587. The examiner can normally be reached M-F 8:00 AM-5:00 PM, First Friday of Pay Period off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA THI HO/Examiner, Art Unit 3752
/ARTHUR O. HALL/Supervisory Patent Examiner, Art Unit 3752