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 .
Response to Arguments
Applicant’s arguments, filed 11/21/2025, with respect to the rejection(s) of claim(s) 1 under 102 (over Cai or Mantes) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Cai et al. (US 2011/0042487 A1), teaching an integrated reflux system with the pump body as depicted in Fig. 8. Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). MPEP 2125 (I).
In response to applicant's argument that the biased closed member of Cai does not open under high pressure conditions, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here, the biasing force of Cai’s reflex valve system will inherently open due to a threshold pressure that overcomes the predetermined bias inherent to the spring use. Cai highlighting alternative benefits to such a valve system does not negate its ability to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the battery compartment" in line 1. There is no mention of this feature in the claim nor in the claim from which this claim depends. There is insufficient antecedent basis for this limitation in the claim.
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, 6, 7, and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al. (US 2011/0042487 A1) as evidenced by Hsu (US 2009/0068036) providing additional details surrounding the diaphragm pump used in Cai.
Re: Claim 1, Cai discloses the claimed invention including portable fluid tank system, comprising:
a fluid tank (2) comprising an internal volume for holding fluid (W) (Fig. 3);
a diaphragm pump (10) integrated with the fluid tank for pressurizing and moving the fluid (Depicted in Fig. 2), wherein the diaphragm pump comprises a pump body that defines a pump chamber in fluid communication with the internal volume, and a flexible diaphragm operable within the pump chamber to variably pressurize the fluid and facilitate movement of the fluid through a conduit (5) (Para. 22, pressurizes the fluid to facilitate its movement); and
Cai as evidenced by Hsu discloses the claimed invention including the diaphragm pump further comprises an inlet valve (50) (Hsu: Depicted in Figs 4), and an outlet valve (40), the inlet valve allowing fluid ingress into the pump chamber during a draw phase and the outlet valve allowing fluid egress from the pump chamber during a discharge phase (Hsu: Depicted in Figs. 7-8).
a reflux valve system (30, 40) integrated with the pump body (Fig. 8 depicts an embodiment with reflux integrated, however figs. 9-10 are provided for showing more internal details) the reflux valve system comprising:
at least one return port (33) formed in the pump body and communicating with the outlet side and the inlet side (23) of the pump chamber (Figs. 9-10), and
a biased closure member (40) positioned to normally seal the return port and movable to an open position when fluid pressure at the outlet side exceeds a biasing force (Figs. 9-10),
wherein movement of the biased closure member to the open position establishes an internal fluid pathway that returns fluid from the outlet side to the inlet side to relieve overpressure within the diaphragm pump (Depicted in Figs. 9-10).
Re: Claim 3, Cai as evidenced by Hsu discloses the claimed invention including the inlet valve and the outlet valve are one-way valves that prevent backflow of fluid (Hsu: Depicted in Figs. 7-8).
Re: Claim 6, Cai discloses the claimed invention including the reflux valve system (40) operates to prevent overpressure conditions by allowing fluid to return to the inlet side when the outlet pressure exceeds a predetermined threshold (Depicted in Fig. 9, Para. 6).
Re: Claim 7, Cai discloses the claimed invention including the reflux valve system includes at least one return port (33) located on the pump body (12) and a spring-biased closure member (40) that normally seals the at least one return port, the spring-biased closure member being configured to open and allow the return of fluid when the outlet pressure overcomes a spring bias, reaching the predetermined threshold (Depicted in Fig. 9, Para. 6).
Re: Claim 13, Cai discloses the claimed invention including the reflux valve system includes the reflux valve system comprises the biased closure member that transitions from a closed position to an open position when outlet-side fluid pressure exceeds a spring force exerted by a biasing element (Depicted in Figs. 9-10, Paras 22, biased closure).
Re: Claim 14, Cai discloses the claimed invention including opening of the biased closure member establishes fluid communication between an outlet-side region of the diaphragm pump and an inlet-side region of the diaphragm pump (Depicted in Figs. 9-10, Para. 22, flow lines depict fluid communication).
Re: Claim 15, Cai discloses the claimed invention including the biased closure member, when in the open position, exposes the at least one return port formed in the pump body to direct fluid from the outlet-side region toward the inlet-side region (Depicted in Figs. 9-10, Para. 22, flow lines depict fluid communication).
Re: Claim 16, Cai discloses the claimed invention including outlet-side overpressure causes deflection of the flexible diaphragm that contributes to movement of the biased closure member toward the open position (Depicted in Figs. 9-10, Para. 22, fluid pressure deflecting the diaphragm also impacts the movement of the biased closure member).
Re: Claim 17, Cai discloses the claimed invention including the reflux valve system includes the flexible diaphragm (Para. 22, Figs. 6-7 depicts the reflux vale system integrated into the flexible diaphragm pump body).
Re: Claim 18, Cai discloses the claimed invention including the reflux valve system is configured to relieve fluid pressure in excess of a predetermined threshold by returning fluid from the outlet-side region to the inlet-side region (Para. 22, relieves pressure once a threshold pressure is hit).
Claim(s) 1, 4, 8, 9, and 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mantes et al. (US Patent No. 11,642,683), and further in view of Cai et al. (US 2011/0042487 A1).
Re: Claim 1, Mantes discloses the claimed invention including portable fluid tank system, comprising:
a fluid tank (206) comprising an internal volume for holding fluid (Fig. 31);
a diaphragm pump (216) integrated with the fluid tank for pressurizing and moving the fluid (Depicted in Fig. 31), wherein the diaphragm pump comprises a pump body that defines a pump chamber in fluid communication with the internal volume, and a flexible diaphragm operable within the pump chamber to variably pressurize the fluid and facilitate movement of the fluid through a conduit (5) (Para. 22, pressurizes the fluid to facilitate its movement); and
Mantes discloses the claimed invention except for the claimed reflux valve system. However, Cai teaches a reflux valve system (30, 40) integrated with the pump body (Fig. 8 depicts an embodiment with reflux integrated, however figs. 9-10 are provided for showing more internal details) the reflux valve system comprising:
at least one return port (33) formed in the pump body and communicating with the outlet side and the inlet side (23) of the pump chamber (Figs. 9-10), and
a biased closure member (40) positioned to normally seal the return port and movable to an open position when fluid pressure at the outlet side exceeds a biasing force (Figs. 9-10),
wherein movement of the biased closure member to the open position establishes an internal fluid pathway that returns fluid from the outlet side to the inlet side to relieve overpressure within the diaphragm pump (Depicted in Figs. 9-10).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a reflux valve system as taught by Cai, since Cai states in para. 8 that such a modification that high pressure fluid will be immediately brought into the discharging hose and pass the discharging vent to flow into the portable reservoir with all damped moisture therein so that the damped moisture in the discharged air can be completely eliminated throughout the operation of the portable pressurized sprayer to make sure no damped moisture remained therein. Thus, the drawbacks of harmfully affecting all parts therein and shortening the service life for the portable pressurized sprayer incurred by the damped moisture in the discharged air can be entirely avoided.
Re: Claim 4, Mantes discloses the claimed invention including the diaphragm pump is actuated by an electromechanical actuator (108) that is controlled by an electronic control unit, the electronic control unit regulating actuation of the flexible diaphragm based on desired fluid pressure and flow rate parameters (Col. 6, lines 31-43, various states of operation controlled through interface).
Re: Claim 8, Mantes discloses the claimed invention including a mounting assembly coupled to the fluid tank, the mounting assembly comprising a first engagement member (40) being configured to mechanically engage with a complementary second engagement member (38) of an external docking assembly (4), wherein engagement of the first engagement member and the second engagement member secures the portable fluid tank system to the external docking assembly (Fig. 11).
Re: Claim 9, Mantes discloses the claimed invention including a spill face (138) integrally formed with the fluid tank, the spill face including an annular rim (144) that defines an aperture to allow for fluid ingress into or egress from the fluid tank, wherein the annular rim comprises an upper segment and a lower segment (Fig. 20), with the upper segment (134) positioned at a higher elevation compared to the lower segment (140) and located in closer proximity to the battery compartment housing than the lower segment (Fig. 20, located closer proximity radially).
Re: Claim 11, Mantes discloses the claimed invention including a first handle (148) positioned on a top surface of the fluid tank; and a second handle (102) positioned on a side surface of the fluid tank (Depicted in Fig. 18).
Re: Claim 12, Mantes discloses the claimed invention including the battery compartment housing (28) defines a cavity to accommodate the removable energy storage device (32) (Fig. 15-16, Col. 6, lines 44-57, battery compartment), wherein the system further comprises: a battery compartment cover (76) pivotably joined (114) to the battery compartment housing and moveable between an open position allowing access to the cavity and a closed position concealing the cavity; and a biasing element (122) associated with the battery compartment cover, the biasing element urging the battery compartment cover toward the closed position to effectuate movement of the battery compartment cover from the open position to the closed position without (Col. 6, lines 44-57, latch biases the cover closed).
Re: Claim 13, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including the reflux valve system includes the reflux valve system comprises the biased closure member that transitions from a closed position to an open position when outlet-side fluid pressure exceeds a spring force exerted by a biasing element (Cai: Depicted in Figs. 9-10, Paras 22, biased closure).
Re: Claim 14, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including opening of the biased closure member establishes fluid communication between an outlet-side region of the diaphragm pump and an inlet-side region of the diaphragm pump (Cai: Depicted in Figs. 9-10, Para. 22, flow lines depict fluid communication).
Re: Claim 15, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including the biased closure member, when in the open position, exposes the at least one return port formed in the pump body to direct fluid from the outlet-side region toward the inlet-side region (Cai: Depicted in Figs. 9-10, Para. 22, flow lines depict fluid communication).
Re: Claim 16, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including outlet-side overpressure causes deflection of the flexible diaphragm that contributes to movement of the biased closure member toward the open position (Cai: Depicted in Figs. 9-10, Para. 22, fluid pressure deflecting the diaphragm also impacts the movement of the biased closure member).
Re: Claim 17, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including the reflux valve system includes the flexible diaphragm (Cai: Para. 22, Figs. 6-7 depicts the reflux vale system integrated into the flexible diaphragm pump body).
Re: Claim 18, Mantes as modified by Cai in the rejection of claim 1 above discloses the claimed invention including the reflux valve system is configured to relieve fluid pressure in excess of a predetermined threshold by returning fluid from the outlet-side region to the inlet-side region (Cai: Para. 22, relieves pressure once a threshold pressure is hit).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mantes et al. (US Patent No. 11,642,683) and Cai et al. (US 2011/0042487 A1) as applied to claim 1 above, and further in view of Gutsmann et al. (US 2019/0000066 A1).
Re: Claim 10, Mantes discloses the claimed invention including a multi-state control interface (108 ), positioned on an exterior of the portable fluid tank system (Depicted in Fig. 13), the multi-state control interface configured to enable transition between various states of operation of the diaphragm pump; and wherein activation of the diaphragm pump can be effectuated through direct user interaction with the multi-state control interface (Col. 6, lines 31-43, various states of operation controlled through interface) except for a communication module. However, Gutsmann teaches a communication module (18) configured to interpret and execute command signals received from a remote transmitting device (C) via a wireless communication network (60) (Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a communication module as taught by Gutsmann, since Gutsmann states in para. 116 that such a modification allows information on the user of the spray device (who performed the application), the place of application (for whom was the object sprayed), the application time (how long the application took, when was it done (date, time)) and further information may be transmitted to an external computer system. Thus, creating a look up log for the device further informing when refilling and maintenance is needed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754