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 .
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.
Claims 1-3, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2007/0089448 A1(Critchfield).
As to claim 1, Massey et al ‘362 discloses a mist dispenser system comprising a mister assembly “M” including at least one mister nozzle 54 configured to form a mist of water droplets, see col. 2, lines 48-62 and col. 5, lines 22-23; a pump assembly including a water pump 16 configured to pump water through the mister nozzle to form the mist of water droplets, see col. 5, line 63 through col. 6, line 2, a battery 14 configured to power the water pump and the pump assembly mounted in the battery chamber, or on the exterior of the golf cart, and a water reservoir 10 coupled to the pump assembly to provide the water to form the mist of water droplets, see Fig. 8 and col. 5, line 63 through col. 6, line 2, except for at least one first magnet configured to mount the pump assembly to a metal frame. See Figures 1-8 and col. 2, line 48 through col. 6, line 8. Critchfield ‘448 discloses portable misting system 10 for attachment to a golf cart and teaches the use of a magnet 184 to mount parts of the misting system to the steel exterior surface of a vehicle. See paragraphs [0020, 0077]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have at least one first magnet configured to mount the pump assembly to a metal frame in the apparatus of Massey et al ‘362, as taught by Critchfield ‘448, since Massey et al ‘362 discloses that the pump can be mounted on the exterior of the golf cart and Critchfield ‘448 teaches that the use of a magnet as the attachment structure allows for quick attachment to the exterior of a vehicle.
As to claim 2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the mister assembly includes at least one second magnet configured to mount the mister assembly to a metal frame in the apparatus of Massey et al ‘362, as taught by Critchfield ‘448, since Massey et al ‘362 discloses in col,. 4, lines 31-34, that that the mister assembly can be mounted to the bracket 30/46 by screws or bolts 65 to the golf cart but can also be mounted by other conventional methods and Critchfield ‘448 teaches that the use of a magnet as the attachment structure allows for quick attachment to the exterior of a vehicle.
As to claim 3, see Massey et al ‘362 and first flexible tube 17a and second flexible tube 17 and col. 5, line 63 to col. 6, line 2 regarding the pump assembly pumping water to the misting assembly.
As to claim 7, see Massey et al ‘362 and hollow coupler comprising a coupling tube 86 to receive water at a first end 86a and to output water at a second end 86c for receipt by the one mister nozzle. See col. 5, line 10-21.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2007/0089448 A1(Critchfield) as applied to claims 1-3 above, and further in view of US 2024/0133563 A1(Martin).
As to claim 4, Massey et al ‘362, as modified by Critchfield ‘448, discloses all the featured elements of the instant invention, except for the pump assembly comprising a universal serial bus (USB) charging port configured to charge the battery. Martin ‘563 discloses a portable misting device with a pump assembly 105/140 having a USB connector 165 for charging the battery 160. See paragraphs [0011, 0020, 0031]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the pump assembly comprises a universal serial bus (USB) charging port configured to charge the battery in the apparatus of Massey et al ‘362, as modified by Critchfield ‘448, as taught by Martin ‘563, since such a modification facilitates ease of charging the battery.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2007/0089448 A1(Critchfield) as applied to claims 1, 2 and 7 above, and further in view of Strussion ‘538.
As to claim 9, Massey et al ‘362, as modified by Critchfield ‘448, discloses all the featured elements of the instant invention except for wherein the mister assembly includes an adjustable member on which the at least one mister nozzle is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame. Strussion ‘538 discloses a portable misting device with a mister assembly which includes an adjustable member 66a on which the at least one mister nozzle 24 is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame. See Figures 1 and 5 and col. 4, line 56 through col. 5, line 2 and col. 6 lines 43-49. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the mister assembly includes an adjustable member on which the at least one mister nozzle is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame in the apparatus of Massey et al ‘362, as modified by Critchfield ‘448, as taught by Strussion ‘538, since such a modification allows a user to manipulate the liquid mist direction by simply bending the adjustable members to their desired positions.
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2024/0133563 A1(Martin).
As to claim 11, Massey et al ‘362 discloses a mist dispenser system comprising a mister assembly “M” including at least one mister nozzle 54 configured to form a mist of water droplets, see col. 2, lines 48-62 and col. 5, lines 22-23; a pump assembly including a water pump 16 configured to pump water through a first flexible tube 17a and to the mister nozzle to form the mist of water droplets, see col. 5, line 63 through col. 6, line 2, a battery 14 configured to power the water pump; and a water reservoir 10 coupled to the pump assembly through a second flexible tube 17 to provide the water to form the mist of water droplets, see Fig. 8 and col. 5, line 63 through col. 6, line 2, except for the pump assembly having a universal serial bus (USB) charging port configured to charge the battery. Martin ‘563 discloses a portable misting device with a pump assembly 105/140 having a USB connector 165 for charging the battery 160. See paragraphs [0011, 0020, 0031]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the pump assembly comprises a universal serial bus (USB) charging port configured to charge the battery in the apparatus of Massey et al ‘362, as taught by Martin ‘563, since such a modification facilitates ease of charging the battery.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2024/0133563 A1(Martin) as applied to claim 11 above, and further in view of US 2007/0089448 A1(Critchfield).
As to claim 11, Massey et al ‘362, modified by Martin ‘563 discloses all the featured elements of the instant invention, except wherein the mister assembly includes at least one magnet configured to mount the mister assembly to a metal frame. Critchfield ‘448 discloses portable misting system 10 for attachment to a golf cart and teaches the use of a magnet 184 to mount parts of the misting system to the steel exterior surface of a vehicle. See paragraphs [0020, 0077]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the mister assembly includes at least one magnet configured to mount the mister assembly to a metal frame in the apparatus of Massey et al ‘362, modified by Martin ‘563, as taught by Critchfield ‘448, since Massey et al ‘362 discloses in col,. 4, lines 31-34, that that the mister assembly can be mounted to the bracket 30/46 by screws or bolts 65 to the golf cart but can also be mounted by other conventional methods and Critchfield ‘448 teaches that the use of a magnet as the attachment structure allows for quick attachment to the exterior of a vehicle.
As to claim 13, see Massey et al ‘362 and hollow coupler comprising a coupling tube 86 to receive water at a first end 86a and to output water at a second end 86c for receipt by the one mister nozzle. See col. 5, line 10-21.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Massey et al ‘362 in view of US 2024/0133563 A1(Martin) and US 2007/0089448 A1(Critchfield) as applied to claims 11-13 above, and further in view of Strussion ‘538.
As to claim 15, Massey et al ‘362, as modified by Martin ‘563 and Critchfield ‘448, discloses all the featured elements of the instant invention except for wherein the mister assembly includes an adjustable member on which the at least one mister nozzle is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame. Strussion ‘538 discloses a portable misting device with a mister assembly which includes an adjustable member 66a on which the at least one mister nozzle 24 is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame. See Figures 1 and 5 and col. 4, line 56 through col. 5, line 2 and col. 6 lines 43-49. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the mister assembly includes an adjustable member on which the at least one mister nozzle is mounted, wherein the adjustable member is movable to alter a direction in which the mist is formed when the mister assembly is mounted to the metal frame in the apparatus of Massey et al ‘362, as modified by Martin ‘563 and Critchfield ‘448, as taught by Strussion ‘538, since such a modification allows a user to manipulate the liquid mist direction by simply bending the adjustable members to their desired positions.
Allowable Subject Matter
Claims 5, 6, 8, 10, 14, and 16-18 are 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. Petersen ‘265 and Nelson ‘371 disclose mist dispenser systems for golf carts.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752