DETAILED ACTION
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.
Claim(s) 1-2 and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Mantes (US 20190030554) in view of Pinske (WO 2023069687).
Regarding claim 1, Mantes discloses a backpack fluid dispenser comprising:
a fluid container (6);
a base (26) comprising a battery compartment (28) for receiving a battery (32) (Paragraph 49);
a pump assembly (16, 30);
a support assembly (50) configured to support the fluid container, base, and pump assembly relative to a user's back (Paragraph 53); and
a dispensing assembly for dispensing fluid from the container, the dispensing assembly comprising a handheld housing (152) having a fluid channel (156) extending therethrough along a longitudinal axis (Figure 2; When in the spray orientation, the channel extends along a longitudinal axis), the longitudinal axis being perpendicular to a vertical direction (Figure 2; When in the spray orientation, the channel extends along a longitudinal axis, perpendicular to the vertical direction), a nozzle (86) at an end of the fluid channel at one end of the handheld housing along the longitudinal axis (Figure 2), and a user actuated trigger (36) at an opposite end of the handheld housing along the longitudinal axis (Figure 21);
wherein the pump assembly is configured to pump the fluid from the fluid container to the dispensing assembly (Paragraph 6);
further comprising a control assembly (Paragraph 62, main switch) configured to control the pump assembly and the dispensing assembly (Paragraph 62, the main switch may control the battery and motor, which controls the pumping and dispensing assembly), but fails to disclose the control assembly including a user interface, wherein the user interface is part of the handheld housing or the support assembly.
Pinske discloses a device that includes a user interface part of a handheld housing (Paragraph 32, the interface may be disposed on the wand).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Mantes with the disclosures of Pinske, providing the user interface part of the handheld housing since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 2, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, wherein the user interface comprises one or more buttons, rotary dials or knobs, or digital inputs (Paragraph 62, the main switch is a button).
Regarding claim 9, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, further comprising a support assembly (50), and a user interface housing (42) configured to be coupled the support assembly (Paragraph 53).
Regarding claim 10, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 9, wherein the user interface housing is detachably coupled to the support assembly (Paragraph 53).
Regarding claim 11, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 9, wherein the support assembly comprises a strap (Paragraph 53), wherein the user interface housing is configured to be coupled to the strap (Paragraph 53).
Regarding claim 12, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 9, the user interface housing having one or more buttons, rotary dials or knobs, or digital inputs (Figure 13, The interface has a button and dial).
Regarding claim 13, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 9, the control assembly comprising a printed circuit board assembly (PCBA) disposed in the user interface housing (Paragraph 49), the control assembly further comprising a wired connection to the pump assembly (Figure 27).
Regarding claim 14, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, wherein the user interface is disposed on the handheld housing of the dispensing assembly (As modified, Pinske, paragraph 32).
Regarding claim 15, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, wherein the user interface comprises a user input configured to control power to the motor from the battery (Paragraph 62).
Regarding claim 16, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, but fails to disclose wherein the user interface comprises a user input configured to control an operating speed of the pump (Mantes, Paragraph 62 as modified by Pinske, paragraph 32).
Claim(s) 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mantes (US 20190030554) in view of Pinske (WO 2023069687) and Hayes (WO 2022/234056)
Regarding claim 3, Mantes in view of Pinske discloses the backpack fluid dispenser of claim 1, the control assembly comprising a printed circuit board assembly (34), but fails to disclose the PCBA being disposed within the handheld housing of the dispensing assembly.
Hayes discloses a device that includes a PCBA disposed within a handheld housing of a dispensing assembly (Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the PCBA in the handheld housing, as the configuration was a known alternative to placement of the PCBA, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claims 4, Mantes in view of Pinske in Hayes discloses the backpack fluid dispenser of claim 3, the PCBA having a shortest dimension extending in the vertical direction (Dependent upon orientation of the handheld housing, the shortest dimension of the PCBA will extend in the vertical direction).
Regarding claim 5, Mantes in view of Pinske and Hayes discloses the backpack fluid dispenser of claim 4, the PCBA being disposed above the nozzle in the vertical direction (Dependent upon orientation of the handheld housing, the PCBA will be disposed above the nozzle in the vertical direction).
Regarding claim 6, Mantes in view of Pinske and Hayes discloses the backpack fluid dispenser of claim 4, the PCBA being disposed below the nozzle in the vertical direction (Dependent upon orientation of the handheld housing, the PCBA will be disposed above the nozzle in the vertical direction).
Regarding claim 7, Mantes in view of Pinske and Hayes discloses the backpack fluid dispenser of claim 3, but is silent as to whether the PCBA is disposed to a side of the nozzle along the longitudinal axis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the PCBA to a side of the nozzle along the longitudinal axis, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 8, Mantes in view of Pinske and Hayes discloses the backpack fluid dispenser of claim 7, but is silent as to whether a shortest dimension of the PCBA is oriented perpendicular to the vertical direction and to the longitudinal axis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange a shortest dimension of the PCBA perpendicular to the vertical direction and to the longitudinal axis, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. 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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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
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