DETAILED ACTION
In the Office Action, mailed on 2/19/26, in the rejection of claims 10-13, the examiner inadvertently used 35 U.S.C. 102(a)(1) instead of 35 U.S.C 103 as being unpatentable over US 2022/0048055 A1 (Earles et al) in view of US 4,967,960 (Futrell). Please use this Office Action when replying to the action going forward. The examiner apologizes to the applicant for any inconvenience this has caused.
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 § 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.
Claims 5-9 and 15-18 are 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.
In claim 5, lines 1 and 2, the phrase “an inlet fluid line “ raises double inclusion issues with the phrase “an input” in claim 1, line 9, since both phrase are defining the same input/inlet fluidly coupling the pump to the tank.
In claim 5, line 2, the phrase “an output fluid line “ raises double inclusion issues with the phrase “an outlet” in claim 1, line 9, since both phrase are defining the same output/outlet fluidly coupling the pump to the hose.
In claim 15, lines 1 and 2, the phrase “an inlet fluid line “ raises double inclusion issues with the phrase “an input” in claim 10, line 11, since both phrase are defining the same input/inlet fluidly coupling the pump to the tank.
In claim 15, line 2, the phrase “an output fluid line “ raises double inclusion issues with the phrase “an outlet” in claim 10, line 11, since both phrase are defining the same output/outlet fluidly coupling the pump to the hose.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,355,763(Brandt).
Brandt ‘763, discloses a skid sprayer system comprising a frame 12; a tank “T” holding fluid; a hydraulic control system including a pump 176 and control valve 38; a hose 16 coupled to the tank for dispensing the fluid; an electric motor 178 operably coupled to the hydraulic pump; and a power module comprising a battery 180 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input 14 fluidly coupled to the tank “T” and an outlet fluidly coupled to the hose 16, see Figure 1. See Figure 1 and col. 3, line 27 through col. 7, line 59.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0165459 A1 (Venard et al).
As to claim 1, Venard et al ‘459, discloses a skid sprayer system comprising a frame 20; a tank 8 holding fluid; a hydraulic control system including a pump 28 and control valve, see paragraph [0042] and valve regulated pump; a hose 12 coupled to the tank for dispensing the fluid; an electric motor operably coupled to the hydraulic pump see paragraph [0013]; and a power module comprising a battery 52 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input fluidly coupled to the tank 8, see paragraph [0048] and input 24, and an outlet 34 fluidly coupled to the hose 12. See Figures 1-6 and paragraphs [0008-0050].
As to claim 2, see microcontroller 220 and paragraph [0029] in US 20120226764 A1, which is incorporated by reference in Venard et al ‘459, see paragraph [0040].
As to claim 3, see housing 4 and paragraph [0049].
As to claim 4, see control interface with microcontroller 220 and paragraph [0029] in US 20120226764 A1, which is incorporated by reference in Venard et al ‘459, see paragraph [0040] and a battery charge level indicator, see paragraph [0041], a charging port 18 and one or more controls, see paragraph [0041].
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,355,763(Brandt).
Brandt ‘763, discloses a skid sprayer system comprising a frame 12; a tank “T” holding fluid; a hydraulic control system including a pump 176 and control valve 38; a hose 16 coupled to the tank for dispensing the fluid; an electric motor 178 operably coupled to the hydraulic pump; and a power module comprising a battery 180 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input 14 fluidly coupled to the tank “T” and an outlet fluidly coupled to the hose 16, see Figure 1. See Figure 1 and col. 3, line 27 through col. 7, line 59.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0048055 A1 (Earles et al).
As to claim 1, Earles et al ‘055, discloses a skid sprayer system comprising a frame 38; a tank 20 holding fluid; a hydraulic control system including a pump 28 and control valve 36; a hose 14 coupled to the tank for dispensing the fluid; an electric motor 30 operably coupled to the hydraulic pump see paragraph [0025]; and a power module comprising a battery 68 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input 54 fluidly coupled to the tank 20 and an outlet 56 fluidly coupled to the hose 14. See Figures 1-4A and paragraphs [0021-0061].
As to claim 2, see controller 34.
As to claim 3, see housing 22/24/70.
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.
Claim(s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0048055 A1 (Earles et al) in view of US 4,967,960 (Futrell).
As to claim 10, Earles et al ‘055, discloses a skid sprayer system comprising a frame comprising first and second support members 38 the frame being open-style frame defining a first portion and a second portion separated by vertical portion 40; a tank 20 holding fluid; a hydraulic control system including a pump 28 and control valve 36; a hose 14 coupled to the tank for dispensing the fluid; an electric motor 30 operably coupled to the hydraulic pump see paragraph [0025]; and a power module comprising a battery 68 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input 54 fluidly coupled to the tank 20 and an outlet 56 fluidly coupled to the hose 14 and wherein the tank is arranged in the first portion and at least the pump and motor are arranged in the second portion, except for a hose reel assembly coupled to the frame and the hose reel being arranged in the second portion. See Figures 1-4A and paragraphs [0021-0061]. Futrell ‘960 discloses a sprayer system 100 with a hose reel assembly 144 coupled to a frame 264 by extending frame 260 and a tank 120 arranged on a first portion of the frame 264 and the hose reel 144 being arranged on the second portion of the frame, see Figure 4. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a hose reel assembly coupled to the frame and the hose reel being arranged in the second portion in the apparatus of Earles et al ‘055, as taught by Futrell ‘960, since with such a modification the hose can be easily stored and maintained on the frame for easy storage.
As to claim 11, see tank 20 between the first support and the second support 38, see Figures 1A, 1B and 3A in Earles et al ‘055.
As to claim 12, see controller 34, see Earles et al ‘055.
As to claim 13, see housing 22/24/70, see Earles et al ‘055.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0048055 A1 (Earles et al) in view of US 4,967,960 (Futrell) as applied to claims 10, 12 and 13 above, and further in view of US 2015/0165459 A1 (Venard et al)..
Earles et al ‘055, as modified by Futrell ‘960, discloses all the featured elements of the instant invention except for the power module comprising a control interface including a battery charge level indicator, a charging port, and one or more controls. Venard et al ‘459, discloses a skid sprayer system comprising a frame 20; a tank 8 holding fluid; a hydraulic control system including a pump 28 and control valve, see paragraph [0042] and valve regulated pump; a hose 12 coupled to the tank for dispensing the fluid; an electric motor operably coupled to the hydraulic pump see paragraph [0013]; and a power module comprising a battery 52 electrically coupled to the electric motor; wherein the pump is operably driven by the electric motor; and wherein the pump comprises an input fluidly coupled to the tank 8, see paragraph [0048] and input 24, and an outlet 34 fluidly coupled to the hose 12 and a control interface with microcontroller 220 and paragraph [0029] in US 20120226764 A1, which is incorporated by reference in Venard et al ‘459, see paragraph [0040] and a battery charge level indicator, see paragraph [0041], a charging port 18 and one or more controls, see paragraph [0041]. See Figures 1-6 and paragraphs [0008-0050]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the power module comprise a control interface including a battery charge level indicator, a charging port, and one or more controls in the apparatus of Earles et al ‘055, as modified by Futrell ‘960, as taught by Venard et al ‘459, since with such a modification the battery can be easily recharged and monitored for power level.
Allowable Subject Matter
Claims 5-9 and 15-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. Karp ‘233 discloses a skid sprayer system.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752