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.
Claims 1-18 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.
Claim 1 recites the limitation "the solvent reservoir" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-18 are rejected for depending from indefinite claim 1.
Claim 10 recites the limitation "the gun body" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-15 are rejected for depending from indefinite claim 10.
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 1-5, 8, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conarro (US 2015/0041556).
Regarding claim 1, Conarro teaches a spray apparatus (100), the apparatus comprising:
a sprayer body (102/103);
a mix chamber (358) supported by the sprayer body (par. 65; fig. 4);
a spray valve (116) supported by the sprayer body (fig. 7), wherein the spray valve is actuatable between a first position associated with a spray mode (par. 71, 73 – “When the trigger 278 is actuated again, pressurized air flows to the shaft 359 of the central tube portion 108 of the body 103 to move the tip 116 rearward (so that the materials can again be blended and dispensed).”) and a second position associated with a purge mode (par. 72); and
a purge air pathway (128/543a/543b) extending through the sprayer body (par. 74; fig. 30), the purge air pathway comprising:
a first passage extending to a first inlet port (one of 363) of the mix chamber (fig. 4), the first passage configured to provide a first portion of purge air to the mix chamber through the first inlet port (par. 70); and
a second passage fluidly isolated from the first passage and extending to a second inlet port (the other of 363) of the mix chamber (fig. 4), the second passage configured to provide a second portion of purge air to the mix chamber through the second inlet port (par. 70);
wherein only one of the first passage and the second passage is configured to receive solvent from the solvent reservoir it is noted that when the structure recited in the prior art is substantially identical to that of the claim, claimed functions are presumed to be inherent; see MPEP 2112.01.I).
Regarding claim 2, Conarro teaches the spray apparatus described regarding claim 1, and further comprising: a first material pathway (one of 417) extending to the first inlet port (fig. 4), the first material pathway configured to provide a first base component material to the mix chamber (par. 64); a second material pathway (other 417) extending to the second inlet port (fig. 4), the second material pathway configured to provide a second base component material to the mix chamber (par. 64).
Regarding claim 3, Conarro teaches the spray apparatus described regarding claim 2, and further wherein the second passage is configured to receive the solvent from the solvent reservoir (par. 70), wherein the first base component material is isocyanate, and wherein the second base component material is a resin (par. 45).
Regarding claim 4, Conarro teaches the spray apparatus described regarding claim 1, and further wherein the solvent reservoir is formed by a solvent cartridge (692) removably mountable to the sprayer body (par. 62).
Regarding claim 5, Conarro teaches the spray apparatus described regarding claim 4, and further wherein the sprayer body includes a handle (102, which is considered a “handle” since it can be gripped) defining a receiving chamber (167, see fig. 6), and wherein the solvent cartridge is mountable within the receiving chamber (par. 62).
Regarding claim 8, Conarro teaches the spray apparatus described regarding claim 1, and further wherein the purge air pathway further comprises a common passage extending to an intersection (700), and wherein the first passage and the second passage extend downstream from the intersection (par. 70; fig. 30).
Regarding claim 17, Conarro teaches the spray apparatus described regarding claim 1, and further comprising: a valve bore (fig. 7 – space in which 543 is disposed) formed in the sprayer body (fig. 4); and a control valve (543) at least partially disposed within the valve bore (fig. 4), wherein the control valve is configured to direct compressed air to the spray valve to drive the spray valve between the first position and the second position (par. 72); wherein the purge air pathway extends from the valve bore (par. 74; figs. 7, 30).
Regarding claim 18, Conarro teaches the spray apparatus described regarding claim 1, and further wherein the mix chamber is a stationary mix chamber (fig. 4).
Claims 1 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lancaster (US 3,146,950).
Regarding claim 1, Lancaster teaches a spray apparatus (fig. 3), the apparatus comprising:
a sprayer body (120/122/124);
a mix chamber (140) supported by the sprayer body (figs. 4, 5);
a spray valve (170) supported by the sprayer body (figs. 3-5), wherein the spray valve is actuatable between a first position associated with a spray mode (col. 6, ln. 5-19) and a second position associated with a purge mode (col. 6, ln. 33-48); and
a purge air pathway (150) extending through the sprayer body (figs. 4-5), the purge air pathway comprising:
a first passage (152) extending to a first inlet port (156) of the mix chamber (fig. 4, 5), the first passage configured to provide a first portion of purge air to the mix chamber through the first inlet port (fig. 5); and
a second passage (158/160/162) fluidly isolated from the first passage and extending to a second inlet port (one of 210) of the mix chamber (fig. 4, 5), the second passage configured to provide a second portion of purge air to the mix chamber through the second inlet port (fig. 5);
wherein only one of the first passage and the second passage is configured to receive solvent from the solvent reservoir (it is noted that when the structure recited in the prior art is substantially identical to that of the claim, claimed functions are presumed to be inherent; see MPEP 2112.01.I).
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 9-11, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lancaster in view of Conarro.
Regarding claim 9, Lancaster discloses the spray apparatus described regarding claim 1, and further wherein the purge air pathway further comprises: a common passage (150) extending to an intersection (at 158, see fig. 4); and wherein the first passage and the second passage extend downstream from the intersection (fig. 4). But Lancaster does not disclose wherein the second passage extends through a dosing chamber at a location downstream of the intersection such that the second purge air portion entrains solvent within the dosing chamber.
Conarro teaches a spray apparatus (100) comprising a sprayer body (102/103); a mix chamber (358) supported by the sprayer body (par. 65; fig. 4); a spray valve (543) supported by the sprayer body (fig. 7), wherein the spray valve is actuatable between a first position associated with a spray mode (par. 71, 73 – “When the trigger 278 is actuated again, pressurized air flows to the shaft 359 of the central tube portion 108 of the body 103 to move the tip 116 rearward (so that the materials can again be blended and dispensed).”), and a second position associated with a purge mode (par. 72); a purge air pathway (128/543a/543b) extending through the sprayer body (par. 74; fig. 30), the purge air pathway comprising: a first passage (543a/124) for a first portion of purge air (par. 70), a second passage (543b/171/693/692/694/126/710), and a common passage (par. 74; fig. 30) extending to an intersection (at 543, see fig. 6, 30), wherein the first passage and the second passage extend downstream from the intersection (fig. 6, 30), and wherein the second passage extends through a dosing chamber (700) at a location downstream of the intersection (fig. 6, 30), such that the second purge air portion entrains solvent within the dosing chamber (par. 70).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the spray apparatus of Lancaster such that the second passage extends through a dosing chamber at a location downstream of the intersection such that the second purge air portion entrains solvent within the dosing chamber, as taught by Conarro. This modification would provide a source of solvent that would be dispensed during use of the sprayer apparatus to flush and lubricate the sprayer tip (par. 62). Additionally, arranging the dosing rod to supply the solvent directly to the second passage of Lancaster would provide it directly to the surfaces and portions of the sprayer apparatus that are exposed to the fluid materials being mixed.
Regarding claim 10, Lancaster in view of Conarro discloses the spray apparatus described regarding claim 9, and Conarro further teaches wherein the gun body comprises: a support housing (103); and a fluid cartridge (102) mounted to the support housing (figs. 3, 6); wherein the intersection is formed within the support housing (fig. 7) and the mix chamber is at least partially disposed within a cavity formed in the fluid cartridge (figs. 7, 8).
Regarding claim 11, Lancaster in view of Conarro discloses the spray apparatus described regarding claim 10, and Conarro further teaches wherein: the first passage includes a first upstream portion (fig. 6, 30 – portion between 543 and 543a) extending from the intersection to a first outlet aperture (543a) formed in the support housing (fig. 7), and the first passage includes a first downstream portion extending from a first inlet aperture (412) formed in the fluid cartridge to the mix chamber (fig. 7); and the second passage includes a second upstream portion (fig. 6, 30 – portion between 543 and 543a) extending from the intersection to a second outlet aperture (543b) formed in the support housing (fig. 7), and the second passage includes a second downstream portion extending from a second inlet aperture (171) formed in the fluid cartridge to the mix chamber (fig. 7).
Regarding claim 19, Lancaster discloses a sprayer apparatus (fig. 3) comprising:
a sprayer body (120/122/124);
a mix chamber (140) supported by the sprayer body (figs. 4, 5), the mix chamber including a first inlet bore (156), a second inlet bore (210), and a mixing bore (220);
a first material pathway (152) extending through the sprayer body to the first inlet bore (fig. 4);
a second material pathway (162) extending through the sprayer body to the second inlet bore (fig. 5);
a purge air pathway (150/152/158/160) extending through the sprayer body (fig. 4, 5), the purge air pathway comprising:
a common passage (150) configured to receive a supply of compressed air (col. 4, ln. 33-34);
a first passage (152) extending from the common passage to the first inlet bore of the mix chamber (fig. 4, 5), wherein the first passage is configured to provide a first portion of the compressed air to the mix chamber through the first inlet bore (fig. 4, 5); and
a second passage (158/160) extending from the common passage to the second inlet bore of the mix chamber (fig. 5), the second passage configured to provide a second portion of the compressed air to the mix chamber through the second inlet bore (fig. 4);
a solvent pathway (150/158/160) formed in the sprayer body (fig.4), the solvent pathway extending from a solvent reservoir (148) to a holding chamber (150).
Lancaster does not disclose a dosing rod supported by the sprayer body, wherein the dosing rod is configured to provide a dose volume of the solvent to a dosing chamber from the holding chamber, and wherein the second passage extends through the dosing chamber at a location downstream of an intersection between the common passage, the first passage, and the second passage.
Conarro teaches a sprayer apparatus (100) comprising:
a sprayer body (102/103);
a mix chamber (358) supported by the sprayer body (par. 65; fig. 4), the mix chamber including a first inlet bore (363), a second inlet bore (other 363), and a mixing bore (fig. 8);
a first material pathway (417) extending through the sprayer body to the first inlet bore (par. 65);
a second material pathway (other 417) extending through the sprayer body to the second inlet bore (par. 65);
a purge air pathway (128/543a/543b) extending through the sprayer body (fig. 7), the purge air pathway comprising:
a common passage (par. 74; fig. 30) configured to receive a supply of compressed air;
a first passage (543a/124) extending from the common passage to the first inlet bore of the mix chamber (par. 71, 72; fig. 30); and
a second passage (543b/171/693/692/694/126/710) extending from the common passage to the second inlet bore of the mix chamber (par. 74; fig. 6), the second passage configured to provide a second portion of the compressed air to the mix chamber through the second inlet bore;
a solvent pathway (118) formed in the sprayer body (fig. 3), the solvent pathway extending from a solvent reservoir (692) to a holding chamber (167); and
a dosing rod (158) supported by the sprayer body (fig. 7), wherein the dosing rod is configured to provide a dose volume of the solvent to a dosing chamber (700) from the holding chamber (par. 70);
wherein the second passage extends through the dosing chamber at a location downstream of an intersection between the common passage, the first passage, and the second passage (fig. 6, 30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sprayer apparatus of Lancaster to further include a dosing rod supported by the sprayer body, wherein the dosing rod is configured to provide a dose volume of the solvent to a dosing chamber from the holding chamber, and wherein the second passage extends through the dosing chamber at a location downstream of an intersection between the common passage, the first passage, and the second passage, as taught by Conarro. This modification would provide a source of solvent that would be dispensed during use of the sprayer apparatus to flush and lubricate the sprayer tip (par. 62). Additionally, arranging the dosing rod to supply the solvent directly to the second passage of Lancaster would provide it directly to the surfaces and portions of the sprayer apparatus that are exposed to the fluid materials being mixed.
Regarding claim 20, Lancaster discloses a method of spraying, the method comprising:
placing a spray applicator (fig. 3) in a spray mode (col. 6, ln. 5-19), wherein a spray valve (170) of the spray applicator fluidly connects a first material pathway (136) with a mix chamber (140, see fig. 5) and fluidly connects a second material pathway (138) with the mix chamber with the spray applicator in the spray mode (fig. 5);
emitting, by the spray applicator, a plural component material formed within the mix chamber by a first base component material provided to the mix chamber by the first material pathway and a second base component material provided to the mix chamber by the second material pathway (col. 6, ln. 24-28);
shifting the spray valve from a first position associated with the spray mode to a second position associated with a purge mode (col. 6, ln. 33-48);
flowing, with the spray applicator in the purge mode, a first portion of purge air to the mix chamber through a first purge air pathway (152, see col. 6, ln. 36-40) and a second portion of purge air to the mix chamber through a second purge air pathway (158/160, see col. 6, ln. 40-45); and
flowing a dose volume of solvent through the second purge air pathway to the mix chamber (col. 6, ln. 52-56).
Lancaster does not disclose entraining a dose volume of solvent within the second portion of purge air at a location upstream of the mix chamber and downstream of an intersection where the first purge air pathway splits from the second purge air pathway, such that the dose volume of solvent is provided to the mix chamber through only the second purge air pathway.
Conarro teaches a method of spraying comprising placing a spray applicator (100) in a spray mode (par. 71, 73 – “When the trigger 278 is actuated again, pressurized air flows to the shaft 359 of the central tube portion 108 of the body 103 to move the tip 116 rearward (so that the materials can again be blended and dispensed).”), wherein a spray valve (543) of the spray applicator fluidly connects a first material pathway (one of 417) with a mix chamber (358, see fig. 4) and fluidly connects a second material pathway (the other 417) with the mix chamber with the spray applicator in the spray mode (fig. 4); emitting, by the spray applicator, a plural component material formed within the mix chamber by a first base component material provided to the mix chamber by the first material pathway and a second base component material provided to the mix chamber by the second material pathway (par. 72 – “the materials can again be blended and dispensed”; fig. 4); shifting the spray valve from a first position associated with the spray mode to a second position associated with a purge mode (par. 72); flowing a portion of purge air to the mix chamber through a purge air pathway (543b/171/693/692/694/ 126/710; see par. 74, fig. 6); and entraining a dose volume of solvent within the portion of purge air at a location (at 692) upstream of the mix chamber and downstream of an intersection (at 543) and where the purge air pathway splits (fig. 6), such that the dose volume of solvent is provided to the mix chamber through only the second purge air pathway (par. 70).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Lancaster to further include entraining a dose volume of solvent within the second portion of purge air at a location upstream of the mix chamber and downstream of an intersection where the first purge air pathway splits from the second purge air pathway, such that the dose volume of solvent is provided to the mix chamber through only the second purge air pathway, as taught by Conarro. This modification would dispense the dose of solvent during use of the sprayer apparatus to flush and lubricate the sprayer tip and maintain it in an optimal condition for producing a desired spray (par. 62). Additionally, arranging the dosing rod to supply the solvent directly to the second passage of Lancaster would provide it directly to the surfaces and portions of the sprayer apparatus that are exposed to the fluid materials being mixed.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lancaster in view of Conarro and further in view of Sperry (US 3,945,569).
Regarding claim 16, Lancaster in view of Conarro discloses the spray apparatus described regarding claim 9, but not further wherein a dosing rod is connected to a valve member of the spray valve to reciprocate with the valve member, wherein the dosing rod includes a groove, wherein the groove is disposed in a holding chamber fluidly connected to the solvent reservoir with the spray apparatus in the spray mode, and wherein the groove is disposed in the dosing chamber with the spray apparatus in the purge mode.
Sperry teaches wherein a dosing rod (33) is connected to a valve member (28) of a spray valve (10) to reciprocate with the valve member (figs. 2, 3), wherein the dosing rod includes a groove (60), wherein the groove is disposed in a holding chamber (37) fluidly connected to a solvent reservoir with the spray apparatus in the spray mode (fig. 3), and wherein the groove is disposed in the dosing chamber with the spray apparatus in the purge mode (fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the spray apparatus of Lancaster in view of Conarro such that a dosing rod is connected to a valve member of the spray valve to reciprocate with the valve member, wherein the dosing rod includes a groove, wherein the groove is disposed in a holding chamber fluidly connected to the solvent reservoir with the spray apparatus in the spray mode, and wherein the groove is disposed in the dosing chamber with the spray apparatus in the purge mode, as taught by Sperry. This was known to provide a means for supplying a cleaning fluid to prevent buildup or hardening of material in the nozzle while using a minimum amount of solvent (col. 6, ln. 23-35).
Allowable Subject Matter
Claims 6-7 and 12-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 6 and 7, the prior art discloses the spray apparatus described in the rejections of claim 1 above, but not further wherein a first shuttle fluidly disconnects the first passage from the first inlet port with the spray apparatus in the spray mode and fluidly connects the first passage with the first inlet port with the spray apparatus in the purge mode; and wherein a second shuttle fluidly disconnects the second passage from the second inlet port with the spray apparatus in the spray mode and fluidly connects the second passage with the second inlet port with the spray apparatus in the purge mode.
Regarding claims 12-15, the prior art discloses the spray apparatus described in the rejection of claim 11 above, but not further wherein the second upstream portion includes an inlet passage extending from the intersection to the dosing chamber and a downstream passage extending from the dosing chamber to the second outlet aperture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Probst et al. (US 3,799,403), Lee et al. (US 5,950,875), and Tix et al. (US 8,182,614) all disclose sprayer apparatuses having elements of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CODY J LIEUWEN whose telephone number is (571)272-4477. The examiner can normally be reached Monday - Thursday 8-5, Friday varies.
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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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/CODY J LIEUWEN/Primary Examiner, Art Unit 3752