DETAILED ACTION
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.
Claim(s) 1, 3-9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Humphreys (GB 2142523) in view of Brown (US 6,302,336), Hentke (DE9401796) and Maiwald (US 5,397,036).
Regarding claim 1, Humphreys discloses a portable watering apparatus comprising:
a reservoir (Figure 1) configured to hold the liquid (lines 104-105), the reservoir comprising a reservoir sidewall (Figure 1; the sidewall having the indicators) having at least a portion allowing a level of the liquid to be observed when the portable watering apparatus is in the watering orientation (Lines 39-46), the portable watering apparatus tilted at a watering angle relative to a direction of gravity when the portable watering apparatus is in the watering orientation (Lines 40-41); and volume dispensing measuring indicia (4) disposed within the at least a portion (Figure 1), the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation (Figure 1). While it appears to be suggested, Humphreys does not state that the vessel has at least a portion that is translucent.
Brown discloses a watering device that includes a body portion made of a translucent material (Column 5, lines 55-56).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Humphreys with the disclosures of Brown, providing the body to be made of a translucent material, in order to provide visibility of the fluid in the pouring apparatus.
Humphreys also fails to disclose the lines being parallel to one another.
Hentke discloses an apparatus wherein measuring lines are parallel to one another (Figure 1).
Therefore, it would have been an obvious matter of design choice to one having skill in the art before the effective filing date of the claimed invention to modify Humphreys with the disclosures of Hentke, providing the measuring lines parallel to one another (Hentke, Figure 1), in order to provide for measuring for more volume displacement of small portions accurately, as disclosed by Hentke (Paragraphs 3-4).
Humphreys also fails to disclose the apparatus including a spout configured to dispense a liquid when the apparatus is in a watering orientation. The apparatus includes a lip.
Maiwald discloses an improved measuring cup that includes a spout (11) extending from a lip portion (12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Humphreys with the disclosures of Maiwald, improving the apparatus of Humphreys to further include a spout (Maiwald, 11) extending from the lip (Henry, 6), the spout configured to dispense a liquid when the apparatus is in the watering orientation, in order to provide for a delivery device that includes structure configured for delivering material accurately and/or to relatively inaccessible places, as disclosed by Maiwald (Column 1, lines 30-35).
As modified, the spout (Maiwald, 11) defines an outlet of the reservoir (Humphreys, Figure 1) (Maiwald, Column 1, lines 30-35), the spout (Maiwald, 11) and the reservoir configured such that liquid exits the reservoir under gravity through the spout and continuously flows through the spout as the level of liquid decreases to a lowest dispensing level when the portable watering apparatus is in the watering orientation (The progressive tilting of the reservoir provides for continuous pouring until the reservoir is empty), the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed (Humphreys, Abstract) through the spout when the portable watering apparatus is in the watering orientation (As modified).
Regarding claim 3, Humphreys in view of Brown, Hentke and Maiwald discloses the portable watering apparatus of claim 1, wherein a spacing between adjacent lines of the plurality of lines parallel corresponds to volume of liquid dispensed (Figure 1 and lines 40-45).
Regarding claim 4, Humphreys in view of Brown, Hentke and Maiwald discloses the portable watering apparatus of claim 3, wherein each spacing between adjacent lines corresponds to a same volume of liquid dispensed (Figure 1, the space between each line represents an increment of .1).
Regarding claims 5-9, Humphreys in view of Brown, Hentke and Maiwald discloses the portable watering apparatus of claim 1, but fails to disclose wherein the watering angle relative to the direction of gravity is an angle between 40 degrees and 50 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 43 degrees and 47 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 44 degrees and 46 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 44.5 degrees and 45.5 degrees;
or wherein the watering angle relative to the direction of gravity is equal to 45 degrees.
Humphreys discloses that the pouring formation may have a specific angular position, dependent upon application (Page 1, lines 83-86). The watering angle is put forth as a result effective variable as optimizing of the angular position optimizes the suitability for application. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Humphreys in view of Brown and Hentke device to have a watering/pouring angle within the claimed range, as it involves only adjusting the structure of a component disclosed to require adjustment. Therefore, 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 device of Humphreys in view of Brown and Hentke by making the pour angle within the claimed ranges as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 19, Humphreys discloses a portable watering apparatus comprising:
a reservoir (Figure 1) configured to hold a liquid (lines 104-105), the reservoir comprising a reservoir sidewall (Figure 1; the sidewall having the indicators) having at least a portion allowing a level of the liquid to be observed when the portable watering apparatus is in a watering orientation (Lines 39-46), the portable watering apparatus tilted at a watering angle relative to a direction of gravity when the portable watering apparatus is in the watering orientation (Lines 40-41), the reservoir having a configuration allowing the liquid to exit the reservoir at every level of liquid when the portable watering apparatus is in the watering orientation (The structure provide for the claimed function); and volume dispensing measuring indicia (4) disposed within the at least a portion (Figure 1),, the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation (Figure 1). While it appears to be suggested, Humphreys does not state that the vessel has at least a portion that is translucent.
Brown discloses a watering device that includes a body portion made of a translucent material (Column 5, lines 55-56).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Humphreys with the disclosures of Brown, providing the body to be made of a translucent material, in order to provide visibility of the fluid in the pouring apparatus.
Humphreys also fails to disclose the lines being parallel to one another or perpendicular to the direction of gravity when the portable watering apparatus is in the watering orientation.
Hentke discloses an apparatus wherein measuring lines are parallel to one another, parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation, and perpendicular to the direction of gravity when the portable watering apparatus is in the watering orientation (Figure 1).
Therefore, it would have been an obvious matter of design choice to one having skill in the art before the effective filing date of the claimed invention to modify Humphreys with the disclosures of Hentke, providing the measuring lines parallel to one another and parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation, and perpendicular to the direction of gravity when the portable watering apparatus is in the watering orientation (Hentke, Figure 1), in order to provide for measuring for more volume displacement of small portions accurately, as disclosed by Hentke (Paragraphs 3-4).
Claim(s) 1, 19, 20 and 22-30 are rejected under 35 U.S.C. 103 as being unpatentable over Trautmann (DE9415464) in view Hentke, with disclosures of Humphreys.
Regarding claim 1, Trautmann discloses a portable watering apparatus comprising:
A spout (5) configured to dispense a liquid when the portable watering apparatus is in a watering orientation (Paragraph 4, the device is described as a watering can, and therefore capable of performing the claimed function)
a reservoir (2) configured to hold the liquid (Paragraph 4, the reservoir is a watering can), the reservoir comprising a reservoir sidewall (Figure 2), the portable watering apparatus tilted at a watering angle relative to a direction of gravity when the portable watering apparatus is in the watering orientation (paragraph 13, the pouring tube is located 45 degrees relative to the lower edge of the container; the disclosures suggests the apparatus is titled at an angle to pour), the reservoir having a configuration allowing the liquid to exit the reservoir at every level of liquid when the portable watering apparatus is in the watering orientation, the spout (5) defining an outlet of the reservoir (a spout by definition is a tube through which liquid can be poured)(by admission of Applicant, provision of a spout with a 45 degree watering orientation will allow for emptying (Applicant’s specification, paragraph 23); The device has a 45 degree watering orientation, and is therefore configured for emptying), the spout and the reservoir configured such that the liquid exits the reservoir under gravity through the spout and continuously flows through the spout as the level of liquid decreases to a lowest dispensing level (The structure performs for the claimed function), but does not specifically state that the can allows a level of the liquid to be observed when the portable watering apparatus is in a watering orientation; or that the reservoir includes volume dispensing measuring indicia disposed within the at least a portion, the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed through the spout when the portable watering apparatus is in the watering orientation, the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation, the lines being parallel to one another, and parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation.
Hentke discloses an improved pouring device that allows a level of liquid to be observed when the portable watering apparatus is in a tilted orientation (Paragraph 10, the remaining liquid is measured in the tilted orientation, which suggests a level of liquid is observed); and that the reservoir includes volume dispensing measuring indicia disposed within the at least a portion (Paragraph 10, scales running diagonally upward from the lower corner), the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed (Paragraphs 10 and 15, observation occurs while pouring), the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation (Figure 1), the lines being parallel to one another, and parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation (Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to improve Trautmann with the disclosures of Hentke, further providing the reservoir (Trautmann, 2) to allow a level of liquid to be observed when the portable watering apparatus is in a tilted orientation (Hentke, Paragraph 3, the cup is transparent), the reservoir (Trautmann, 2) including volume dispensing measuring indicia disposed within the at least a portion (Hentke, Paragraph 10, scales running diagonally upward from the lower corner), the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed through the spout when the portable watering apparatus is in the watering orientation (Hentke, Paragraphs 10 and 15, observation occurs while pouring), in order to keep a user aware of the amount of fluid missing, as disclosed by Humphreys (Abstract).
It would have been also obvious to improve the device to include the volume dispensing measuring indicia comprising plurality of lines parallel to each other (Hentke, Figure 1), in order to provide for measuring volume displacement of small portions accurately, as disclosed by Hentke (Paragraphs 3-4).
Regarding claim 20, Trautmann in view of Hentke discloses the portable watering apparatus of claim 1, each of the plurality of lines forms an angle with a top surface of the liquid that is within ten degrees at a plurality of liquid levels while liquid is dispensed through the spout and the portable watering apparatus is in the watering orientation (As modified, Trautmann’s watering orientation is at 45 degrees; The scales of Hentke run from the corner oriented 45 degrees to the baseline; As such, the lines will form a zero degree angle with a top surface of the liquid at every level).
Regarding claim 22, Trautmann in view of Hentke discloses the portable watering apparatus of claim 23, wherein each of the plurality of lines forms an angle with a top surface of the liquid that is within ten degrees at a plurality of liquid levels while liquid is dispensed through the spout and the portable watering apparatus is in the watering orientation (As modified, Trautmann’s watering orientation is at 45 degrees; The scales of Hentke run from the corner oriented 45 degrees to the baseline; As such, the lines will be disposed at a zero degree angle relative to a top surface of the liquid at every level).
Regarding claim 23, Trautmann in view of Hentke discloses the portable watering apparatus of claim 1, wherein the spout (5) is connected to the reservoir at a position below an upper edge of the reservoir (Figure 1, the spout is connected at the bottom).
Regarding claim 24, Trautmann in view of Hentke discloses a portable watering apparatus comprising:
a reservoir configured to hold a liquid(Trautmann, 2);
a spout defining an outlet of the reservoir (Trautmann, 5);
a reservoir sidewall (Trautmann, Figure 2) having at least a portion that is translucent (Hentke, paragraph 10); and
volume dispensing measuring indicia disposed within the at least a portion, the volume dispensing measuring indicia comprising a plurality of lines that are parallel to each other, the plurality of lines (Hentke, Scales) arranged relative to the reservoir based on a predetermined watering angle of the portable watering apparatus (Hentke, Paragraphs 10 and 15), the predetermined watering angle being between 35 degrees and 55 degrees relative to a direction of gravity (Trautman, paragraph 13, 45 degrees), the volume dispensing measuring indicia configured to indicate a dispensed volume of the liquid based on a change in a level of the liquid while the liquid is dispensed through the spout at the predetermined watering angle (Hentke, Paragraphs 10 and 15).
Regarding claim 25, Trautmann in view of Hentke discloses the portable watering apparatus of claim 24, wherein each of the plurality of lines forms an angle with a top surface of the liquid that is within ten degrees at a plurality of liquid levels while liquid is dispensed through the spout (The lines form a zero degree angle with the top of the liquid).
Regarding claim 26, Trautmann in view of Hentke discloses the portable watering apparatus of claim 25, wherein the predetermined watering angle relative to the direction of gravity is an angle between 40 degrees and 50 degrees (45 degrees).
Regarding claim 27, Trautmann in view of Hentke discloses the portable watering apparatus of claim 26, wherein the predetermined watering angle relative to the direction of gravity is an angle between 43 degrees and 47 degrees (45 degrees).
Regarding claim 28, Trautmann in view of Hentke discloses the portable watering apparatus of claim 27, wherein the predetermined watering angle relative to the direction of gravity is an angle between 44 degrees and 46 degrees (45 degrees).
Regarding claim 29, Trautmann in view of Hentke discloses the portable watering apparatus of claim 28, wherein the predetermined watering angle relative to the direction of gravity is an angle between 44.5 degrees and 45.5 degrees (45 degrees).
Regarding claim 30, Trautmann in view of Hentke discloses the portable watering apparatus of claim 29, wherein the predetermined watering angle relative to the direction of gravity is equal to 45 degrees (45 degrees).
Claim(s) 10, 12-18, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Trautmann in view Hentke and Purcell, with disclosures of Humphreys.
Regarding claim 10, Trautmann discloses a portable watering apparatus comprising:
a spout (5) configured to dispense a liquid when the portable watering apparatus is in a watering orientation (The spout is capable of the claimed function)
a reservoir (2) configured to hold a liquid (Paragraph 4, the reservoir is a watering can), the reservoir comprising a reservoir sidewall (Figure 2), the portable watering apparatus tilted at a watering angle relative to a direction of gravity when the portable watering apparatus is in the watering orientation (paragraph 13, the pouring tube is located 45 degrees relative to the lower edge of the container; the disclosures suggests the apparatus is titled at an angle to pour), the spout (5) defining an outlet of the reservoir (a spout by definition is a tube through which liquid can be poured)(by admission of Applicant, provision of a spout with a 45 degree watering orientation will allow for emptying (Applicant’s specification, paragraph 23); The device has a 45 degree watering orientation, and is therefore configured for emptying), the spout and the reservoir configured such that the liquid exits the reservoir under gravity through the spout and continuously flows through the spout as the level of liquid decreases to a lowest dispensing level (The structure performs for the claimed function), but does not specifically state that the can allows a level of the liquid to be observed when the portable watering apparatus is in a watering orientation; or that the reservoir includes volume dispensing measuring indicia disposed within the at least a portion, the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed through the spout when the portable watering apparatus is in the watering orientation, the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation, the lines being parallel to one another, and parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation.
Hentke discloses an improved pouring device that allows a level of liquid to be observed when the portable watering apparatus is in a tilted orientation (Paragraph 10, the remaining liquid is measured in the tilted orientation, which suggests a level of liquid is observed); and that the reservoir includes volume dispensing measuring indicia disposed within the at least a portion (Paragraph 10, scales running diagonally upward from the lower corner), the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed (Paragraphs 10 and 15, observation occurs while pouring), the volume dispensing measuring indicia comprising plurality of lines parallel to a top surface of the level of liquid in the reservoir when the portable watering apparatus is in the watering orientation (Figure 1), the lines being parallel to one another, and parallel to a top surface of a liquid level in the reservoir when a portable watering apparatus is in a watering orientation (Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to improve Trautmann with the disclosures of Hentke, further providing the reservoir (Trautmann, 2) to allow a level of liquid to be observed when the portable watering apparatus is in a tilted orientation (Hentke, Paragraph 3, the cup is transparent), the reservoir (Trautmann, 2) including volume dispensing measuring indicia disposed within the at least a portion (Hentke, Paragraph 10, scales running diagonally upward from the lower corner), the volume dispensing measuring indicia indicating a dispensed volume of liquid when observed relative to a change in the level of liquid as the liquid is dispensed (Hentke, Paragraphs 10 and 15, observation occurs while pouring) through the spout (Trautmann, 5) when the portable watering apparatus is in the watering orientation (The modified structure provides for the claimed observation), in order to keep a user aware of the amount of fluid missing, as disclosed by Humphreys (Abstract).
It would have been also obvious to improve the device to include the lines being parallel to one another (Hentke, Figure 1), in order to provide for measuring volume displacement of small portions accurately, as disclosed by Hentke (Paragraphs 3-4).
Trautmann further fails to disclose the system including a watering basin, or the watering apparatus configured to fit inside the watering basin when the portable watering apparatus is not in use.
Purcell discloses an improved system comprising a watering basin (46), with a watering apparatus (28) configured to fit inside the watering basin when the portable watering apparatus is not in use (Figure 2 and Column 3, lines 58-62).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to improve Trautmann with the disclosures of Purcell, further providing the system to include a watering basin (Purcell, 46), the watering apparatus (of Trautmann) configured to fit inside the watering basin when the portable watering apparatus is not in use (Purcell, Figure 2 and Column 3, lines 58-62), in order to provide for convenient and effective storage of the can, as disclosed by Purcell (Column 2, lines 22-33).
Regarding claim 12, Trautman in view of Hentke and Purcell discloses the portable watering apparatus of claim 10, wherein a spacing between adjacent lines of the plurality of lines parallel corresponds to volume of liquid dispensed (Hentke, Paragraphs 10 and 15).
Regarding claim 13, Trautman in view of Hentke and Purcell discloses the portable watering apparatus of claim 12, wherein each spacing between adjacent lines corresponds to a same volume of liquid dispensed (Hentke, Figure 1).
Regarding claims 14-18, Trautman in view of Hentke and Purcell discloses the portable watering apparatus of claim 10, but fails to disclose wherein the watering angle relative to the direction of gravity is an angle between 40 degrees and 50 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 43 degrees and 47 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 44 degrees and 46 degrees;
wherein the watering angle relative to the direction of gravity is an angle between 44.5 degrees and 45.5 degrees;
or wherein the watering angle relative to the direction of gravity is equal to 45 degrees.
Humphreys discloses that the pouring formation may have a specific angular position, dependent upon application (Page 1, lines 83-86). The watering angle is put forth as a result effective variable as optimizing of the angular position optimizes the suitability for application. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Humphreys in view of Brown, Hentke and Purcell device to have a watering/pouring angle within the claimed range, as it involves only adjusting the structure of a component disclosed to require adjustment. Therefore, 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 device of Humphreys in view of Brown, Hentke and Purcell by making the pour angle within the claimed ranges as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 21, Trautmann in view of Hentke and Purcell discloses the watering system of claim 10, wherein each of the plurality of lines forms an angle with a top surface of the liquid that is within ten degrees at a plurality of liquid levels while liquid is dispensed through the spout and the portable watering apparatus is in the watering orientation (As modified, Trautmann’s watering orientation is at 45 degrees; The scales of Hentke run from the corner oriented 45 degrees to the baseline; As such, the lines will form at an angle of zero degrees relative to a top surface of the liquid at every level).
Response to Arguments
Applicant's arguments filed 5/17/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against Hentke individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As to Applicant’s position that Hentke depicts the apparatus in a non-dispensing orientation, Hentke states that the scales may be placed in a lower corner, allowing for measurement of volume displacement in a titled orientation(Paragraph 9). Figure 1 depicts the container in a titled orientation, with measuring structure provided in the corner. One of ordinary skill in the art would be motivated to provide Trautmann to include measuring structure provided in the corner in Trautmann’s titled orientation, in order to provide for observation of volume displacement. Paragraph 15 of Trautmann states “Particularly advantageous is the placement on the side below the pouring spout to reduce loss through wetting over a short distance when pouring viscous liquids.”
As to Applicant’s position that the combination fails to disclose parallel lines, Hentke discloses parallel lines in figure 1.
As to Applicant’s remaining positions, see above.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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