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 § 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 7 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.
As to claim 7, line 1, the phrase “the handle” lacks antecedent basis. It is also unclear what or where the handle is supposed to be part of in the paint trolley device.
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.
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0224699 A1(Gaddis et al).
As to claim 1, Gaddis et al ‘699 discloses a paint trolley device comprising a base 210; a wheel 25; a housing 38 with a compartment; a lid 222; a tubing 206; a quick connector, see paragraph [0050] and “quick-connect structure”; and a filter 221.
As to claim 2, see filter 221 positioned within the compartment and see Figure 16.
As to claim 3, see solid wheel 26 and Figures 8 and 9.
As to claim 8, see filter 221 positioned within the tubing inlet 220 and see Figure 16.
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 1-5, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0062427 A1(Bien) in view of US 2009/0223541 A1(Gardner et al).
As to claim 1, Bien ‘427 discloses a coating trolley device, see paragraph [0022], comprising a base 12; wheel 16; housing 26; compartment 44; a lid 28; a tubing see Fig. 8 tubing into pump 60; and a filter 85, note Bien ‘427 discloses in paragraph [0042] wherein a hose connected to the outlet valve 110 can be through a releasable, rotatable connection, except specifically for a quick-connector. Gardner et al ‘541 discloses a surface cleaner with a pump 56 connected by a flexible hose 192 at one end with a quick-connect coupling/quick connector 148 to the pump outlet at 100/152/156 and the other end of the hose 140/196 to the spray gun 28. See Figures 4, 5 and 8A and paragraph [0030]. 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 quick-connector for the hose connection to the outlet valve 110 of Bien ‘427, as taught by Gardner et al ‘541, since such a modification enables a fast break down and storage of the spray gun and hose of Bien ‘427 and since Bien ‘427 discloses the desire to have a releasable, rotatable connection for the outlet valve 110. As to the phrase “paint’ trolley device, the phrase has not been given any patentable weight since it does not breath life into the claim. Even so, Bien ‘427 discloses the use of an airless sprayer comprising a Model 43P Airless Gun manufactured by the Binks, see paragraph [0041], and uses the spray gun for spraying plural component coatings at high pressure, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the apparatus of Bien ‘427 would be capable of spraying paint.
As to claim 2, see filter 85 within compartment 44.
As to claim 3, see inflatable wheel 16, Figures 1-3.
As to claim 4, Bien ‘427 discloses a coating trolley device, see paragraph [0022], comprising a base 12; a hitch 14; wheel 16; housing 26; compartment 44; a lid 28; a seal , see paragraph [0038] and the opening is preferably sealed to help prevent heat from escaping from within cabinet; a tubing see Fig. 8 tubing into pump 60; and a filter 85, note Bien ‘427 discloses in paragraph [0042] wherein a hose connected to the outlet valve 110 can be through a releasable, rotatable connection, except specifically for a quick-connector. Gardner et al ‘541 discloses a surface cleaner with a pump 56 connected by a flexible hose 192 at one end with a quick-connect coupling/quick connector 148 to the pump outlet at 100/152/156 and the other end of the hose 140/196 to the spray gun 28. See Figures 4, 5 and 8A and paragraph [0030]. 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 quick-connector for the hose connection to the outlet valve 110 of Bien ‘427, as taught by Gardner et al ‘541, since such a modification enables a fast break down and storage of the spray gun and hose of Bien ‘427 and since Bien ‘427 discloses the desire to have a releasable, rotatable connection for the outlet valve 110. As to the phrase “paint’ trolley device, the phrase has not been given any patentable weight since it does not breathe life into the claim. Even so, Bien ‘427 discloses the use of an airless sprayer comprising a Model 43P Airless Gun manufactured by the Binks, see paragraph [0041], and uses the spray gun for spraying plural component coatings at high pressure, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the apparatus of Bien ‘427 would be capable of spraying paint.
As to claim 5, see Figure 1 and hinges used for lid 28.
As to claim 7, see Figures 1 and handle comprised of a grip area for lid 28.
As to claim 8, see filter 85 positioned within the inlet of tubing into pump 60 and see Figure 8.
Claim(s) 9, 10, 13-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0062427 A1(Bien) in view of US 2009/0223541 A1(Gardner et al), and US 3,179,117(Gibson et al).
As to claim 9, Bien ‘427 discloses a coating trolley device, see paragraph [0022], comprising a base 12; a hitch 14; wheel 16; compartment 26; housing 44; a lid 28; a seal , see paragraph [0038] and the opening is preferably sealed to help prevent heat from escaping from within cabinet; a tubing into pump 60, see Fig. 8; and a filter 85, note Bien ‘427 discloses in paragraph [0042] wherein a hose connected to the outlet valve 110 can be through a releasable, rotatable connection, except specifically for a quick-connector, and a leg.
Gardner et al ‘541 discloses a surface cleaner with a pump 56 connected by a flexible hose 192 at one end with a quick-connect coupling/quick connector 148 to the pump outlet at 100/152/156 and the other end of the hose 140/196 connected to the spray gun 28. See Figures 4, 5 and 8A and paragraph [0030]. 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 quick-connector for the hose connection to the outlet valve 110 of Bien ‘427, as taught by Gardner et al ‘541, since such a modification enables a fast break down and storage of the spray gun and hose of Bien ‘427 and since Bien ‘427 discloses the desire to have a releasable, rotatable connection for the outlet valve 110. As to the phrase “paint’ trolley device, the phrase has not been given any patentable weight since it does not breathe life into the claim. Even so, Bien ‘427 discloses the use of an airless sprayer comprising a Model 43P Airless Gun manufactured by the Binks, see paragraph [0041], and uses the spray gun for spraying plural component coatings at high pressure, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the apparatus of Bien ‘427 would be capable of spraying paint.
Gibson et al ‘117 discloses a paint trolley device comprising a hitch 17 with a leg 20/21/22/24. See Fig. 5 and col. 2, lines 45-62. 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 leg for the hitch of Bien ‘427, as modified by Gardner et al ‘541, as taught by Gibson et al ‘117, since with such a modification the relative position of the hitch in regard to the earth may be changed.
As to claim 10, Bien ‘427, as modified by Gardner et al ‘541, discloses all the featured elements of the instant invention, except for a crank handle. Gibson et al ‘117 discloses a paint trolley device comprising a hitch 17 with a leg 20/21/22/24 and a crank handle 23. See Fig. 5 and col. 2, lines 45-62. 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 crank handle for the hitch of Bien ‘427, as modified by Gardner et al ‘541, as taught by Gibson et al ‘117, since with such a modification the assembly, leg 20/21/22/24 and crank handle 23, the relative position of the hitch in regard to the earth may be changed, within limits, by screwing the internal shaft 22 upwardly or downwardly in the outer shaft 21 as conditions may require to level the trailer floor.
As to claim 13, see Bien ‘427 and fluid communication between the compartment 26 and the tubing, see paragraph [0031].
As to claim 14, Bien ‘427, as modified by Gardner et al ‘541, discloses all the featured elements of the instant invention, except wherein the quick-connector attaches to a hose and sprayer. Note that Bien ‘427 discloses in paragraph [0042] wherein a hose connected at one end to the outlet valve 110 can be through a releasable, rotatable connection and the opposite end of the hose is connected to a spray gun. Gardner et al ‘541 discloses a surface cleaner with a pump 56 connected by a flexible hose 192 at one end with a quick-connect coupling/quick connector 148 to the pump outlet at 100/152/156 and the other end of the hose 140/196 connected to the spray gun 28. See Figures 4, 5 and 8A and paragraph [0030]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention wherein the quick-connector attaches to a hose and sprayer for the hose connection at the outlet valve 110 of Bien ‘427, as taught by Gardner et al ‘541, since such a modification enables a fast break down and storage of the spray gun and hose of Bien ‘427.
As to claims 15 and 16, note that Bien ‘427 discloses the use of an airless sprayer comprising a Model 43P Airless Gun manufactured by the Binks, see paragraph [0038-0041], and uses the spray gun for spraying plural component coatings at high pressure, therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the apparatus of Bien ‘427 would be capable of spraying paint with the Binks model 43P airless spray gun.
As to claim 18, see Bien ‘427 and fluid communication between the compartment 26 and the paint sprayer/spray gun, see paragraph [0031].
As to claim 19, see Bien ‘427 and shutoff valve 110, see Figure 8 and paragraph [0033].
As to claim 20, Bien ‘427, as modified by Gardner et al ‘541, discloses all the featured elements of the instant invention, except wherein the quick-connector is comprised of a female quick-connector. Note that Bien ‘427 discloses in paragraph [0042] wherein a hose connected at one end to the outlet valve 110 can be through a releasable, rotatable connection and the opposite end of the hose is connected to a spray gun. Gardner et al ‘541 discloses a surface cleaner with a pump 56 connected by a flexible hose 192 at one end with a female quick-connect coupling/quick connector 148 to the pump outlet at 100/152/156 and the other end of the hose 140/196 connected to the spray gun 28. See Figures 4, 5 and 8A and paragraph [0030]. 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 female quick-connector for the hose connection to the outlet valve 110 of Bien ‘427, as taught by Gardner et al ‘541, since such a modification enables a fast break down and storage of the spray gun and hose of Bien ‘427 and since Bien ‘427 discloses the desire to have a releasable, rotatable connection for the outlet valve 110.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0062427 A1(Bien) in view of US 2009/0223541 A1(Gardner et al), as applied to claim 1 above, and further in view of US 4,232,616(Van der Lely).
Bien ‘427, as modified by Gardner et al ‘541, disclose all the featured elements of the instant invention as discussed in paragraph 9 above, except for lid comprised of a lock. Van der Lely ‘616 discloses a hitch drawn liquid spraying trolley device with a compartment 1, having a hinged lid 53 which has a fluid(air-tight) seal provided between the cover 53 and the mouth of the outlet cylinder 52 of the compartment 1 and the cover 53 is normally maintained in its sealingly closed position by a locking latch 55. See Figures 1, 2 and 6 and col. 3, lines 32-42. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the lid 28 of Bien ‘427, as modified by Gardner et al ‘541, comprised of a lock, as taught by Van der Lely ‘616, since such a modification provides security by keeping the lid closed in a locked position which prevents unwanted personnel from accessing the lid and possibly contaminating the liquid in the housing.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0062427 A1(Bien) in view of US 2009/0223541 A1(Gardner et al), and US 3,179,117(Gibson et al), as applied to claim 9 above, and further in view of US 4,232,616(Van der Lely).
Bien ‘427, as modified by Gardner et al ‘541 and Gibson et al ‘117, disclose all the featured elements of the instant invention as discussed in paragraph 10 above, except for the seal being positioned on the and the seal comprised of an air-tight seal. Van der Lely ‘616 discloses a hitch drawn liquid spraying trolley device with a compartment 1, having a hinged lid 53 which has a fluid(air-tight) seal provided between the cover 53 and the mouth of the outlet cylinder 52 of the compartment 1 and the cover 53 is normally maintained in its sealingly closed position by a locking latch 55. See Figures 1, 2 and 6 and col. 3, lines 32-42. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an air-tight seal for the lid 28 of Bien ‘427, as modified by Gardner et al ‘541 and Gibson et al ‘117, as taught by Van der Lely ‘616, since such a modification provides a fluid(air-tight) seal which prevents leakage and evaporation.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0062427 A1(Bien) in view of US 2009/0223541 A1(Gardner et al), and US 3,179,117(Gibson et al), as applied to claims 9 and 15 above, and further in view of US 5,368,232(Schroeder).
Bien ‘427, as modified by Gardner et al ‘541 and Gibson et al ‘117, disclose all the featured elements of the instant invention as discussed in paragraph 10 above, except for paint sprayer being secured to the base via a fastener. Schroeder ‘232 discloses a hitch drawn liquid spraying trolley device with a holster/fastener 140 for the paint sprayer wand 132/138 secured to the base 16/26. See Figures 2-4 and 6 and col. 6, lines 62-68. 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 paint sprayer/spray wand being secured to the base 12 via a fastener in the apparatus of Bien ‘427, as modified by Gardner et al ‘541 and Gibson et al ‘117, as taught by Schroeder ‘232, since such a modification facilitates safe storage of the spray wand when the device is not in use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Burks ‘365 and Oswald et al ‘034 disclose sprayers with quick-connectors. Ryan ‘995 discloses a lid for a compartment with a lock. Henson et al ‘907 discloses a spraying apparatus with a hitch having a leg. Rohrbacher et al ‘298 discloses a sprayer type trailer.
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