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Claims 19 and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 12, 2026.
Applicant’s election without traverse of claims 1-18 in the reply filed on March 12, 2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 14-16 and 18 are rejected under 35 U.S.C. 102(a)(2) as being (a)(2) by US 2023/0158523 A1(Nakamoto et al).
As to claim 1, Nakamoto et al ‘523 discloses a fogging machine 100 comprising blower assembly 30 including a motor 35 and a turbine 33 coupled to the motor and configured to generate an airflow; a conduit 40 connected to the blower assembly and terminating at a conduit outlet 45 for emitting the airflow; a liquid assembly 10/60/63 connected to the blower assembly for emitting a liquid in the airflow to create a mist; and a support assembly 50A/50B for permitting the fogging machine to be carried by an operator; wherein the motor is an electric motor, see paragraph [0171]. See Figures 1-3 and paragraphs [0032-0356].
As to claim 2, see battery 200A/200B.
As to claim 3, see paragraph [0172].
As to claim 14, Nakamoto et al ‘523 discloses a fogging machine 100, comprising: a blower assembly 30 including a housing 31 containing a motor 35 and a turbine 33 coupled to the motor and configured to generate an airflow; a conduit 40 connected to the blower assembly and terminating at a conduit outlet 45 for emitting the airflow; a tank 10 connected to the housing for containing a liquid; a nozzle 63 positioned adjacent to the conduit outlet for emitting the liquid into airflow; a hose 60 fluidly connecting the tank to the nozzle; and a support assembly 50A/50B connected to the housing for permitting the fogging machine to be carried by an operator; wherein the motor is an electric motor. See paragraph [0171.
As to claims 15 and 16, see paragraphs [0171,0172].
As to claim 18, see Fig. 2.
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.
Claims 4-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0158523 A1(Nakamoto et al) in view of Conner et al ‘754.
As to claim 4, Nakamoto et al ‘523 discloses a housing for the blower 31 and a housing 20 for the battery, but not one housing for both. Conner et al ‘754 discloses a blower with a housing 12 for the battery and blower. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a housing for both the blower and battery in Nakamoto et al ‘523,a s taught by Conner et al ‘754, since such a modification would consolidate the parts.
As to claim 5, see Figs. 1 and 2 of Nakamoto et al ‘523.
As to claim 6, see Figs. 1 and 2 of Nakamoto et al ‘523.
As to claim 7 see tank 10.
As to claim 8, see Figs. 1 and 2.
As to claim 9 see nozzle 63, hose 60.
As to claim 10 see Fig. 2.
As to claim 11 see opening and cap 11.
As to claim 12, see paragraph [0148].
As to claims 13 and 17, see battery opening 46, battery 100 and pivoting door 44 in Conner et al ‘754. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a pivoting door in the housing battery in Nakamoto et al ‘523,as taught by Conner et al ‘754, since such a modification would allow maintenance of the battery.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
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