DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 6, 7 and 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 22, 2025.
Applicant’s election without traverse of Species I, claims 1-5, 8-13 and 15 in the reply filed on October 22, 25 is acknowledged.
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.
Claim(s) 1, 3, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 4,824,020(Harward) in view of US 6,540,184 B2(Thaxton).
As to claim 1, Harward ‘020 discloses a sprayer nozzle support apparatus comprising a body 10 being hollow and being open at a supply inlet 17, see Fig. 4, the body having a spray outlet 14 extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end 22 of a fluid supply hose 20; a plurality of flexible support arms 23 being coupled to and extending away from the body, see Figs. 1-3, each support arm of the plurality of support arms being elongated and a nozzle 18 being fluidly coupled to the spray outlet of the body, except for wherein each support arm being bendable into a selected shape wherein each support arm retains the selected shaped. See Figures 1-6, and col. 4, line 32 through col. 8, line 33. Thaxton ‘184 discloses a support apparatus 34 with a body 36 and a plurality of support arms 42 being coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, each support arm being bendable into a selected shape wherein each support arm retains the selected shape. See Figures 1-6 and col. 3, line 23 through col. 4, line 62. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each support arm being bendable into a selected shape wherein each support arm retains the selected shaped in the apparatus of Harward ‘020, as taught by Thaxton ‘184, since the support arms of Thaxton ‘184 are both flexible and bendable into various shapes to provide support for an object and teaches that the support apparatus could be used for other implements(i.e. a sprayer nozzle support) which are desirable to support at desired and various positions.
As to claim 3, Harward ‘020 discloses a supply inlet with internal threads, see col. 5, lines 22-25, and a hose coupling 22 adapted to quickly connect to the end of a hose, except for the fluid supply hose being connected directly to the supply inlet with internal threads. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the fluid supply hose 20 of Harward ‘020 to have external threads on the outlet end of the fluid supply hose and to have it connected directly to the supply inlet with internal threads, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950. See MPEP 2144.VI.B.
As to claim 4, see the plurality of arms 23 of Harward ‘020 being radially arranged around the body, see Figure 1.
As to claim 8, Harward ‘020 discloses a nozzle 18 coupled to the body 10 by a threaded connection to the spray outlet 14 of the body 10, see col. 5, lines 1-10, except wherein the nozzle forms a unitary structure with the body. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the nozzle forms a unitary structure with the body in the apparatus of Harward ‘020, since it has been held that the use of a one piece construction instead of the structure disclosed in Harward ‘020 would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). See MPEP 2144.04.V.B.
Claim(s) 1, 3-5, 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0246825 A1(Kessling) in view of US 6,540,184 B2(Thaxton).
As to claim 1, Kessling ‘825 discloses a sprayer nozzle support apparatus comprising a body 12/30 being hollow and being open at a supply inlet 32, see Fig. 3, the body having a spray outlet 18 extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose 34; a plurality of support arms 20 being coupled to and extending away from the body, see Figs. 1-4, each support arm of the plurality of support arms being elongated and a nozzle 38/40 being fluidly coupled to the spray outlet of the body, see Fig. 3, except for wherein each support arm being bendable into a selected shape wherein each support arm retains the selected shaped. See Figures 1-4, and paragraphs [0015-0019]. Thaxton ‘184 discloses a support apparatus 34 with a body 36 and a plurality of support arms 42 being coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, each support arm being bendable into a selected shape wherein each support arm retains the selected shape. See Figures 1-6 and col. 3, line 23 through col. 4, line 62. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each support arm being bendable into a selected shape wherein each support arm retains the selected shaped in the apparatus of Kessling ‘825, as taught by Thaxton ‘184, since the support arms of Thaxton ‘184 are both malleable and bendable into various shapes to provide support for an object and teaches that the support apparatus could be used for other implements(i.e. a sprayer nozzle support) which are desirable to support at desired and various positions.
As to claim 3, Kessling ‘825 discloses a supply inlet 32 with internal threads, see Fig. 3, and is configured to receive a standard garden hose 34, see paragraph [0016].
As to claim 4, see the plurality of arms 20 of Kessling ‘825 being radially arranged around the body, see Figure 1.
As to claim 5, see the plurality of arms 20 of Kessling ‘825 comprising three arms such that the body and the plurality of support arms define a tripod, see Figure 1.
As to claim 8, Kessling ‘825 discloses a nozzle 38/40 coupled to the body 12 at the spray outlet 18 of the body 12, see Fig. 3 and paragraph [0017], except wherein the nozzle forms a unitary structure with the body. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the nozzle forms a unitary structure with the body in the apparatus of Kessling ‘825, since it has been held that the use of a one piece construction instead of the structure disclosed in Kessling ‘825would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). See MPEP 2144.04.V.B.
As to claims 12, see Kessling ‘825 and a valve 58 being in fluid communication with the body, the valve being movable between a closed position and an open position, the valve permitting fluid to move through the body when the valve is open, the valve inhibiting the fluid from moving through the body when the valve is closed; and a lever 60 being operatively coupled to the valve, the lever extending away from the valve through an outer wall 42 of the housing of the nozzle, the lever being pivotable with respect to the nozzle to move the valve between the closed position and the open position, see Figures 1 and 3 and paragraphs [0017-0018]).
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0246825 A1(Kessling) in view of US 6,540,184 B2(Thaxton) as applied to claim 1 above, and further in view of US 2018/0272369 A1(Duong et al).
As to claims 9-11, Kessling ‘825, as modified by Thaxton ‘825, discloses all the featured elements of the instant invention, except wherein the nozzle includes a spray pattern selector including a plurality of spray ports, each spray port of the plurality of spray ports being selectively positionable over the spray outlet and being shaped to direct a flow path of the fluid as the fluid moves therethrough, wherein the spray pattern selector includes a disc rotatably coupled to a housing of the nozzle, the plurality of spray ports being radially arranged on the disc, and wherein the spray pattern selector has a grip on a peripheral edge of the disc. Duong et al ‘369 discloses a nozzle 100 with a valve 11 with a lever 10 which includes a spray pattern selector 7 including a plurality of spray ports, see paragraph [0093] and Fig. 5D, each spray port of the plurality of spray ports being selectively positionable over the spray outlet and being shaped to direct a flow path of the fluid as the fluid moves therethrough, see paragraph [0093], wherein the spray pattern selector includes a disc 7 rotatably coupled to a housing of the nozzle, the plurality of spray ports being radially arranged on the disc, see paragraph [0093] and Fig. 5D, and wherein the spray pattern selector has a grip 9/9B on a peripheral edge of the disc, see Figs. 4A and 5C and paragraph [0092]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the nozzle of Kessling ‘825 to include a spray pattern selector including a plurality of spray ports, each spray port of the plurality of spray ports being selectively positionable over the spray outlet and being shaped to direct a flow path of the fluid as the fluid moves therethrough, wherein the spray pattern selector includes a disc rotatably coupled to a housing of the nozzle, the plurality of spray ports being radially arranged on the disc, and wherein the spray pattern selector has a grip on a peripheral edge of the disc, as taught by Duong et al ‘369, since such a modification would provide various spray patterns to enhance the water spray coverages.
Claim(s) 1, 2, 4, 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0291978 A1(Suzuki) in view of US 2020/0246825 A1(Kessling) and US 6,540,184 B2(Thaxton).
As to claim 1, Suzuki ‘978 discloses a sprayer nozzle support 30 comprising a body and a plurality of support arms coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, see Figure 1 and paragraph [0033], and a nozzle 34, see paragraph [0036] and water spray device for sprinkling plants, except wherein the body being hollow and being open at a supply inlet thereof, the body having a spray outlet extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose, wherein each support arm being bendable into a selected shape wherein each support arm retains the selected shaped and the nozzle being fluidly coupled to the spray outlet of the body. Kessling ‘825 discloses a sprayer nozzle support apparatus comprising a body 12/30 being hollow and being open at a supply inlet 32, see Fig. 3, the body having a spray outlet 18 extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose 34; a plurality of support arms 20 being coupled to and extending away from the body, see Figs. 1-4, each support arm of the plurality of support arms being elongated and a nozzle 38/40 being fluidly coupled to the spray outlet of the body, see Fig. 3. See Figures 1-4, and paragraphs [0015-0019]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sprayer nozzle support of Suzuki ‘978, wherein the body being hollow and being open at a supply inlet thereof, the body having a spray outlet extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose and the nozzle being fluidly coupled to the spray outlet of the body, as taught by Kessling ‘825, such that the sprayer nozzle support of Suzuki ‘978 would be functional and operational to provide water to sprinkle plants with the water spray device. Thaxton ‘184 discloses a support apparatus 34 with a body 36 and a plurality of support arms 42 being coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, each support arm being bendable into a selected shape wherein each support arm retains the selected shape. See Figures 1-6 and col. 3, line 23 through col. 4, line 62. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each support arm being bendable into a selected shape wherein each support arm retains the selected shaped in the apparatus of Suzuki ‘978, as taught by Thaxton ‘184, since the support arms of Thaxton ‘184 are both malleable and bendable into various shapes to provide support for an object and teaches that the support apparatus could be used for other implements(i.e. a sprayer nozzle support) which are desirable to support at desired and various positions.
As to claim 2, see support arms being buoyant in water in Suzuki ‘978, see paragraph [0039] and floating material in the leg.
As to claims 4 and 5, see Suzuki ‘978 and Figure 1 and paragraph [0033].
As to claim 13, Suzuki ‘978 discloses a sprayer nozzle support 30 comprising a body and a plurality of support arms coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, see Figure 1 and paragraph [0033], and a nozzle 34, see paragraph [0036] and water spray device for sprinkling plants, wherein each support arm being buoyant in water in Suzuki ‘978, see paragraph [0039] and floating material in the leg, wherein the plurality of support arms is radially arranged around the body, comprising three support arms such that the body and plurality of support arms define a tripod, see Figure 1 and paragraph [0033], except wherein the body being hollow and being open at a supply inlet thereof, the body having a spray outlet extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose, wherein each support arm being bendable into a selected shape wherein each support arm retains the selected shaped and the nozzle being fluidly coupled to the spray outlet of the body and wherein the supply inlet has internal threads being configured to be complementary in shape to external threads of the outlet end of the fluid supply hose. Kessling ‘825 discloses a sprayer nozzle support apparatus comprising a body 12/30 being hollow and being open at a supply inlet 32, see Fig. 3, the body having a spray outlet 18 extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose 34; a plurality of support arms 20 being coupled to and extending away from the body, see Figs. 1-4, each support arm of the plurality of support arms being elongated and a nozzle 38/40 being fluidly coupled to the spray outlet of the body, see Fig. 3; and discloses a supply inlet 32 with internal threads, see Fig. 3, and is configured to receive a standard garden hose 34, see paragraph [0016]. See Figures 1-4, and paragraphs [0015-0019]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sprayer nozzle support of Suzuki ‘978, wherein the body being hollow and being open at a supply inlet thereof, the body having a spray outlet extending into the body and being in fluid communication with the supply inlet, the supply inlet being configured for fluidly attaching to an outlet end of a fluid supply hose and the nozzle being fluidly coupled to the spray outlet of the body; and the supply inlet has internal threads being configured to be complementary in shape to external threads of the outlet end of the fluid supply hose, such that the sprayer nozzle support of Suzuki ‘978 would be functional and operational to provide water to sprinkle plants with the water spray device. Thaxton ‘184 discloses a support apparatus 34 with a body 36 and a plurality of support arms 42 being coupled to and extending away from the body, each support arm of the plurality of support arms being elongated, each support arm being bendable into a selected shape wherein each support arm retains the selected shape. See Figures 1-6 and col. 3, line 23 through col. 4, line 62. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each support arm being bendable into a selected shape wherein each support arm retains the selected shaped in the apparatus of Suzuki ‘978, as taught by Thaxton ‘184, since the support arms of Thaxton ‘184 are both malleable and bendable into various shapes to provide support for an object and teaches that the support apparatus could be used for other implements(i.e. a sprayer nozzle support) which are desirable to support at desired and various positions.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang ‘275, Balkhos ‘743 and Malnburg ‘184 disclose sprayer nozzle supports with tripod support arms. Phillis et al ‘536 discloses support apparatus with bendable tripod support arms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752