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) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya (WO 2014119130) in view of Minami (WO 2015087808).
Regarding claim 1, Kamiya discloses a backpack working machine configured to eject liquid, the backpack working machine comprising:
a body unit comprising a prime mover (20), a fan (21; dc motor has a fan), and a liquid tank (10) configured to store the liquid (The tank is capable of storing the liquid);
a shoulder harness unit attached to the body unit and configured to be worn on shoulders of a user (Description, paragraph 3, shoulder belt); and an ejection tube (12) configured to eject the liquid (description paragraph 2) and being on a first side relative to the body unit when the shoulder harness unit is worn on the shoulders of the user (Figure 2, right side), but fails to disclose wherein the shoulder harness unit comprises: a right shoulder harness including a first harness attaching part mechanically a first attaching part of the body unit and configured to be worn on a right shoulder of the user; and a left shoulder harness including a second harness attaching part mechanically attached to a second attaching part of the body unit and configured to be worn on a left shoulder of the user.
Minami discloses a sprayer that includes the shoulder harness unit comprises: a right shoulder harness including a first harness attaching part mechanically attached to a first attaching part of the body unit and configured to be worn on a right shoulder of the user; and a left shoulder harness including a second harness attaching part mechanically attached to a second attaching part of the body unit and configured to be worn on a left shoulder of the user (The hooks (18b) of the harness (18) are attached to the body unit at a left and right hook (the hooks of member 93) of the body unit, and are configured to be worn on a shoulder).
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 Kamiya with the disclosures of Minami, providing the shoulder harness unit to include a right shoulder harness (Kamiya, shoulder belt) including a first harness attaching part mechanically (Minami, hook 18b to hook member 93) attached to the body unit at a first attaching part of the body unit (Kamiya, 13) and configured to be worn on a right shoulder of the user (as modified); and a left shoulder harness including a second harness attaching part (Minami, hook 18b to hook member 93) mechanically attached to the body unit at a second attaching part of the body unit (Kamiya 13) and configured to be worn on a left shoulder of the user (Minami, The hooks (18b) of the harness (18) are attached to the body unit at a left and right hook (the hooks of member 93) of the body unit, and are configured to be worn on a shoulder), in order to provide for a known structure that ensures secure carrying of the backpack.
Kamiya in view of Minami discloses a center position between the first attaching part and the second attaching part is on the first side relative to a gravity center position of the body unit when the liquid is stored in the liquid tank at a maximum capacity of the liquid tank (Lines 193-202, The center of gravity is optimized relative to the weight of the battery to be placed in the range E (Figure 2). The optimized point includes points that are to the left of the center position between the attaching parts).
Should it be found that Kamiya in view of Minami fails to disclose a center position between the first attaching part and the second attaching part is on the first side relative to a gravity center position of the body unit when the liquid is stored in the liquid tank at a maximum capacity of the liquid tank, Kamiya discloses that the position of the center of gravity is within a range 0.2W to the left and right of the central axis of the sprayer, and optimized relative to the weight of the battery, in order to ensure that the user who carries the sprayer on his / her back will always carry the weight balance in the left / right width W direction (without tilting to the left or right) regardless of the amount of spray liquid in the storage tank. The position of the center of gravity relative to the central axis is put forth as a result-effective variable, as changing of the position will change the ability of the user to carry the pack in a desired orientation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Kamiya in view of Minami device to feature the points to the left of the center between the harnesses, as it involves only adjusting the position of the center relative to central axis, which is disclosed as a component 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 Kamiya in view of Minami by providing the center of gravity to be within the range of points disclosed as being to the left of the central axis, and less than a distance of .2W, 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 2, Kamiya in view of Minami discloses the backpack working machine according to claim 1, wherein a gravity center position of the backpack working machine when the liquid is stored in the liquid tank at the maximum capacity of the liquid tank is at a first gravity center position, the first gravity center position is on a second side relative to the center position, the second side being opposite the first side (as modified), a gravity center position of the backpack working machine when the liquid is not stored in the liquid tank is at a second gravity center position, and the second gravity center position is on the first side relative to the center position (As modified, the center of gravity will move to the second side (first side relative to the center, at 0.2W, when the liquid is not stored in the tank).
Regarding claim 3, Kamiya in view of Minami discloses the backpack working machine according to claim 2, wherein a distance from the center position to the first gravity center position in a left-right direction is same as a distance from the center position to the second gravity center position in the left-right direction (The distance relative distance extends 0.2W on each side).
Regarding claim 4, Kamiya in view of Minami discloses the backpack working machine according to claim 1, wherein the first attaching part and the second attaching part are disposed on the liquid tank (Kamiya, Figure 12).
Regarding claim 5, Kamiya in view of Minami discloses the backpack working machine according to claim 1, wherein the fan is configured to deliver air to the ejection tube by operation of the prime mover, and the liquid is ejected from the ejection tube with the air delivered by the fan (The fan works as a part of the prime mover, and is capable of performing the claimed function).
Regarding claim 6, Kamiya in view of Minami discloses the backpack working machine according to claim 3, wherein the first attaching part and the second attaching part are disposed on the liquid tank (See claim 4), the fan is configured to deliver air to the ejection tube by operation of the prime mover, and the liquid is ejected from the ejection tube with the air delivered by the fan (See claim 5).
Regarding claim 7, Kamiya in view of Minami discloses the backpack working machine according to claim 1, wherein the gravity center position of the body unit when the liquid is stored in the liquid tank at the maximum capacity of the liquid tank is on the first side relative to a center position of the body unit in a left-right direction, the gravity center position of the body unit when the liquid is not stored in the liquid tank is on the first side relative to the center position of the body unit in the left-right direction, and the center position between the first attaching part and the second attaching part is on the first side relative to the center position of the body unit in the left-right direction (As modified, the gravity center position and center position between the attaching parts are optimized to be in the claimed position).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
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