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 .
Status of Claims
Currently claims 1-12 and 14-21 are pending, claim 13 is cancelled, claims 1-2, 8-10, 14-15, and 17-19 are amended, claims 4-20 are withdrawn, and claim 21 is new.
Election/Restrictions
Claims 14-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/17/2026.
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) 1-3, 6, 8-9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime (U.S. 7,108,196) in view of Kubacak (U.S. 2010/0175316).
With respect to claim 1, Kime discloses a liquid sprayer (title, abstract) comprising:
a liquid storage tank (figure 2, liquid source tank 46);
a liquid pump (figure 4, pump pf 108) in fluid communication with said liquid storage tank (see figure 4);
a motor (figure 4, 112) operable to drive said liquid pump at different speeds and resultant liquid flow rates (abstract, as the brine pumps operate with respect to the speed of the vehicle, see also column 9 row 6- through column 10 line 1, where the pumps are positive displacement gear pumps, which with the motor have changing pump speed based on the output speed of the motor attached to them);
a controller (figures 6 and 7, controller being control box 200) operable to adjust the speed of said motor and the liquid flow rate of said liquid pump in response to at least one control input (column 11 rows 45-65); and
a plurality of spray nozzles (figures 2-4, nozzles 80) having outlet openings in fluid communication with said liquid pump (as they apply the fluid from the liquid pump);
wherein said spray nozzles are configured to dispense a liquid through said outlet openings and onto a ground surface (figure 2, the ground 24) at variable flow rates according to the speed of said motor (abstract, above cited sections, as the pump and its motor vary the flow which is then brought to the nozzles). Kime fails to disclose the motor is a variable-speed electric motor or a self-contained electrical power source for powering said electric motor and said controller.
Kubacak discloses, paragraphs 0131-0134, discloses the use of a battery source and pumps utilizing drivers that are electric variable speed motors. Such variable motor allows for the control system to adjust the amount of deliver chemical based upon vehicle speed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a battery and electric variable speed motor such as Kubacak into the system of Kime as a substation of one known motor for moving a pump based off of the speed of a vehicle with another type of motor for moving a pump based off the speed of the vehicle.
With respect to claim 2, Kime as modified discloses said at least one control input comprises at least one chosen from a user-selected flow rate (column 12 rows 20-30); a ground speed of the said liquid sprayer (column 12 rows 25-30); a measured ground contamination level and type; a measured ground temperature; ambient air temperature; ambient air humidity; a remotely-selected flow rate based on past, current, or forecasted weather conditions; a planned route of the said liquid sprayer; and a size or configuration of said spray nozzles.
With respect to claim 3, Kime as modified discloses said spray nozzles are mounted upon a spray bar (figure 4, the spray bar of 526) forming a conduit between said liquid pump and said spray nozzles (as shown in figure 4).
With respect to claim 6, Kime as modified discloses said liquid sprayer is mountable on a transport vehicle for dispensing the liquid onto a roadway (see figure 2).
With respect to claim 8, Kime as modified discloses the speed of said variable- speed electric motor is continuously variable between a minimum speed and a maximum speed (being the lowest and highest the motor will go), and wherein the resultant liquid flow rates are variable in direct proportion to the speed of said variable-speed electric motor (as the pump rate is reflective of the motors speed, its proportionate to the speed of the motor, as Kime discloses a fixed displacement gear pump, column 9 rows 60-65).
With respect to claim 9, Kime as modified discloses said controller and said electric motor are operable to change the liquid flow rate of said liquid pump (paragraph 0123 of Kubacak), but fails to disclose at intervals of 0.1 second or less based on said at least one control input.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an interval of .1 seconds or less based on said at least one control unput for operable change of the liquid flow rate of said liquid pump in Kime as modified, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II-A).
With respect to claim 12, Kime as modified discloses said liquid pump comprises a positive- displacement pump (being a gear pump, a type of positive-displacement pump).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime and Kubacak as applied to claim 1 above, and further in view of Reed (U.S. 2019/0184433).
With respect to claim 4, Kime as modified discloses the nozzles, but fails to disclose wherein said spray nozzles are aimable and/or have adjustable spray patterns, and wherein said spray nozzles are remotely controllable for aim and/or spray pattern.
Reed, paragraph 0075, discloses a spray bar 10 is identified for use, one may identify nozzles that are at vertical elevations most closely corresponding to the vertical span of the object to be sprayed and may choose to not identify all other nozzles so that water resources are most efficiently used and unnecessary spraying is avoided. The spray pattern from the spray bar may be thusly adjusted to conform to the size, shape and position of the object to be sprayed. Further adjustment of the spray pattern may be accomplished by aiming any one or more of the nozzles at downward or upward angles.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the aiming and spray pattern control of Reed into the system of Kime as modified, so the object to be sprayed and may choose to not identify all other nozzles so that water resources are most efficiently used and unnecessary spraying is avoided.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime and Kubacak as applied to claim 1 above, and further in view of Weddle (U.S. 5,918,808).
With respect to claim 5, Kime as modified by Kubacak discloses the power source being a battery, but the combination fails to disclose said self-contained electrical power source comprises a rechargeable electrical storage battery.
Weddle, column 6 rows 25-30, discloses a battery 52 that is rechargeable from the electrical energy from the crankshaft of the vehicle. Column 6 rows 30-50, discloses that its batter 52 that activates the electric pump to chemicals in the system. Furthermore, because the electric pump 46 draws power directly from the battery 52, the engine 14 does not have be in the running mode to power the electric pump 46 (column 6 rows 15-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the rechargeable battery of Weddle into the system of Kime as modified, as doing so would allow the pump and system to operate regardless of the engine running or not, allowing the spraying to occur independently of the engine.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime and Kubacak as applied to claim 6 above, and further in view of Loar (U.S. 2022/0178088).
With respect to claim 7, Kime as modified discloses the electrical power source, but fails to disclose said electrical power source does not receive electrical charging current from a wiring harness of the transport vehicle.
Loar discloses paragraph 0026, disclose the use of a wireless charging for charging a built in battery, allowing the battery to be wirelessly charged when the truck bed is refilled with treatment material.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the battery being recharged without the wiring harness of the transport vehicle as disclosed by Loar into the system of Kime as modified. Such a combination would allow the battery in the system to be wireless recharged when the vehicle is being refilled with treatment material, allowing the battery be rechargeable and thus better for the environment.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime and Kubacak as applied to claim 1 above, and further in view of Herman (U.S. 3,782,634).
With respect to claim 10, Kime as modified discloses the liquid pump and storage tank, but fails to disclose said liquid pump is operable to pump the liquid into the said liquid storage tank from a remote liquid source.
Herman, column 10 rows 5-20, discloses using the systems pump to also refill the tank, allowing the tank to then be refilled via the pump from a source.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the pump for refilling the liquid storage tank as disclosed by Herman into the system of Kime as modified. This would allow the vehicle to be able to refill from a container without additional pumps or having the container put above the vehicle to pour the storage tank.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kime and Kubacak as applied to claim 1 above, and further in view of Ngo (U.S. 9,486,825)
With respect to claim 11, Kime as modified discloses said controller is configured to automatically adjust the speed of said electric motor in response to a current flow rate (being an electric motor, changes in the current are what adjust the speed of the motor), a desired liquid application rate (as the motor changes to obtain the desired liquid application rate based on the speed of the vehicle, column 12 rows 25-30), and a speed of said spray nozzles over a ground surface (column 12 rows 25-30). Kime as modified fails to disclose automatically adjust the speed of said electric motor in response to a current fluid pressure upstream of said spray nozzles.
Ngo, column 2 rows 20-45, discloses the use of a pressure sensor after the first pump (and thus upstream of the spray nozzles) to determine an actual pressure of the fluid discharged and adjusting the control of pump based on that feedback.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the pressure sensor and determination of Ngo to change the pressure of the pump into the system of Kime, as doing so would adjust the pump to the actual pressure after the pump to maintain the correct desired pressure in the system.
Claim 21 is rejected, as the above combination disclose the noted subject matter found herein. Where all elements claimed are found in above rejected claims all depending on claim 1. A liquid sprayer that is removably mountable on a transport vehicle for dispensing a liquid onto a roadway, said liquid sprayer comprising:
a liquid storage tank;
a liquid pump in fluid communication with said liquid storage tank wherein said liquid pump is operable to pump the liquid into said liquid storage tank from a remote liquid source;
a variable-speed electric motor operable to drive said liquid pump at different speeds and resultant liquid flow rates;
a controller operable to adjust the speed of said electric motor and the liquid flow rate of said liquid pump;
a rechargeable electrical storage battery for powering said electric motor and said controller; and
a plurality of spray nozzles having outlet openings in fluid communication with said liquid pump;
wherein said spray nozzles are configured to dispense a liquid through said outlet openings and onto a ground surface at variable flow rates according to the speed of said electric motor;
wherein said controller is operable to automatically adjust the speed of said electric motor and the liquid flow rate of said liquid pump in response to a current flow rate, a current fluid pressure upstream of said spray nozzles, a desired liquid application rate, and a speed of said spray nozzles over a ground surface; and
wherein the desired liquid application rate is automatically determined according to at least one chosen from: a measured ground contamination level and type, a measured ground temperature, ambient air temperature, ambient air humidity, a remotely-selected flow rate based on past, current, or forecasted weather conditions, a planned route of said liquid sprayer, and a size or configuration of said spray nozzles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752