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 1-4 are pending.
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 1-4 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 "diameter" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the other end" in line 11. There is insufficient antecedent basis for this limitation in the claim.
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(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marin (U.S. 2020/0254467).
With respect to claim 1, Marin discloses an electrostatic spraying device (10) equipped with a spray nozzle (20) spraying a liquid (liquid from 20), a support rod (rod 100) supporting the spray nozzle (see figure 1), and a charging section charging (charging section of 151) the liquid sprayed from the spray nozzle, the electrostatic spraying device comprising:
a bottomed cylindrical outer cover (being the cover above 10 including 30, which is affixed to 100 via a bracket, see figure 1) which is attached to the support rod;
a cylindrical body (11) of which one end (upper end of 11) in an axial direction is attached to an inner surface of a bottom wall of the outer cover (as the upper end of 11 is attached to the cover, via being attacked to the upper part of 111, which is shown extending towards the cover, as 10 goes within said cover);
a truncated cylindrical water intrusion prevention portion (the noted truncated cylindrical portion of 11, at about 13) which is provided in a middle portion of the cylindrical body (middle of 11) in the axial direction to surround the cylindrical body in a circumferential direction and increases in diameter toward the other end of the cylindrical body in the axial direction (as shown increasing axially as shown adjacent 13); and
an inner cover (lower part of 111 about 11) which is provided at the other end (bottom end), covers the water intrusion prevention portion (shown covering the top portion of it) to surround the cylindrical body in the circumferential direction (surrounding the top section of the cylindrical body), and opens toward the inner surface (opening towards the inner surface therein, as the top side of 111 then opens to the cover above it, as 30 passes from where the inner cover is and up to where the top outer cover is, see figure 1 and 2),
wherein a member (15) that constitutes a part of a power supply path (being power from 30 to that of 151) to the charging section is held by the other end (being at the bottom end).
With respect to claim 2, Marin discloses the spray nozzle sprays downward (see figure 1), and wherein the outer cover opens downward (see figures 1 and 2, as it has a hole within it that 30 passes through, and thus opens upwards and downwards via the two openings 30 passes through).
With respect to claim 3, Marin discloses the inner cover is provided with a drain port (being the open section at the bottom of 111).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marin.
With respect to claim 4, Marin discloses a peripheral wall of the outer cover (being the peripheral wall about the cover, being about 30/10). Marin fails to disclose the peripheral wall is dividable into a plurality of parts in the circumferential direction and is detachably attached to the bottom wall, and wherein the inner cover is dividable in the circumferential direction of the cylindrical body and is detachably attached to the cylindrical body.
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 peripheral wall in a plurality of parts and detachably attached to the bottom wall as well as the inner cover dividable in the circumferential direction and detachably attached to the cylindrical body, since it has bee held that constructing a formally integral structure in various elements involves only routine skill in the art. MPEP 2144.04(V-C). Please not in the instant application, applicant has not disclose any criticality for the claimed limitations. Such utilization of dividable parts and detaching elements from one another would allow for the device to be taken apart to be cleaned, or parts if broken to be replaced without replacing the whole element.
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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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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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
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