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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 22nd, 2026 has been entered.
Response to Amendment
The Amendment filed April 23rd, 2026 has been entered. Claims 1-8, 10-13, and 15-20 remain pending in the application.
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 Sykula et al. (US 20220097656 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.
Sykula teaches an air deflector surface (50, Fig. 8A) downstream of the discharge orifice (52, Fig. 8A) for shaping air exiting the discharge orifice (fluid exiting chambers 48 through one of the tunnels 52 hits deflection surface 50 and spreads out into a flat-fan pattern defined by deflection surface 50, shown in Fig. 8A, Paragraph 0060) towards the lens of the sensor (54, sensor may include lenses, shown in Fig. 3, Paragraph 0001), the air deflector surface (50, Fig. 8A) including a first portion (annotated in Fig. 8A) adjacent the discharge orifice (52, annotated and shown in Fig. 8A) and a second portion (annotated in Fig. 8A) downstream of the first portion (annotated and shown in Fig. 8A) in the direction of air travel from the discharge orifice (52, shown in Fig. 8A), the first portion (annotated in Fig. 8A) including at least one first sidewall (annotated in Fig. 8A) arranged adjacent an edge of the lens (annotated in Fig. 3) and the second portion (annotated in Fig. 8A) including at least one second sidewall (annotated in Fig. 8A) that tapers outward relative to the lens (54, Fig. 3) as the second sidewall (annotated in Fig. 8A) extends away from the first portion (annotated in Fig. 8A) and the discharge orifice (52, Fig. 8A).
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Klein and Sykula 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 Sykula’s spray assembly to Klein’s spray assembly, to have the motivation to provide good coverage when spraying the fluid (Sykula, Paragraph 0061).
In regards to claim 2, Klein, as modified by Sykula, 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 Sykula, 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 Sykula, 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 Sykula, 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 Sykula, 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 Sykula, 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 Sykula et al. (US 20220097656 A1) as applied to claims 1 and 5 above, and further in view of Demetrius et al. (US Patent 4,767,056 A1).
In regards to claim 6, Klein, as modified by Sykula, 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 Sykula 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.
Demetrius teaches the air passage (passage within nozzle 14 and nozzle 22, shown in Fig. 1) further includes a second section (22, Fig. 1) having a fan-shaped configuration (shown in Fig. 1) that expands continuously outward as it extends in the downstream direction (shown in Fig. 1).
Klein, Sykula, and Demetrius 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 Demetrius’ spray assembly to Klein’s spray assembly, as modified by Sykula, to have the motivation of having a spray guard that eliminates overspray to cut down on environmental pollution and reduce minor property damage (Demetrius, Col. 1, Ln. 23-27).
In regards to claim 7, Klein, as modified by Sykula and Demetrius, discloses the spray assembly of claim 6. Klein, as modified by Sykula and Demetrius 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 Sykula and Demetrius, 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 Demetrius et al. (US Patent 4,767,056 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, the second section being arranged immediately downstream of the first section.
Demetrius teaches the air passage (passage within nozzle 14 and nozzle 22, shown in Fig. 1) has a first cylindrical section (18, Fig. 1) and a second section (22, Fig. 1) having a fan-shaped configuration (shown in Fig. 1) that expands continuously outward as it extends in the downstream direction (shown in Fig. 1), the second section (22, Fig. 1) being arranged immediately downstream of the first section (18, shown in Fig. 1).
Klein and Demetrius 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 Demetrius’ sensor air shield assembly to Klein’s sensor air shield assembly, to have the motivation of having a spray guard that eliminates overspray to cut down on environmental pollution and reduce minor property damage (Demetrius, Col. 1, Ln. 23-27).
In regards to claim 13, Klein, as modified by Demetrius, 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 Demetrius, discloses the sensor air shield of claim 12. Klein, as modified by Demetrius 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 Demetrius, 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, the second section being arranged immediately downstream of the first section.
Demetrius teaches the air passage (passage within nozzle 14 and nozzle 22, shown in Fig. 1) has a first cylindrical section (18, Fig. 1) and a second section (22, Fig. 1) having a fan-shaped configuration (shown in Fig. 1) that expands continuously outward as it extends in the downstream direction (shown in Fig. 1), the second section (22, Fig. 1) being arranged immediately downstream of the first section (18, shown in Fig. 1).
Klein and Demetrius 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 Demetrius’ sensor air shield assembly to Klein’s sensor air shield assembly, to have the motivation of having a spray guard that eliminates overspray to cut down on environmental pollution and reduce minor property damage (Demetrius, Col. 1, Ln. 23-27).
Regarding claim 18, Klein, as modified by Demetrius, 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, as modified by Demetrius, discloses the sensor air shield of claim 18. Klein, as modified by Demetrius 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 Demetrius, 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.
Conclusion
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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/ANNA THI HO/Examiner, Art Unit 3752 /STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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