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 § 102
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) 1-9, 12, and 17-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cochran et al (US PGPub No. 2004/0088817).
Cochran teaches:
limitations from claim 1, a tool comprising (10; FIG. 1): a pistol-grip style housing (40 including handle 54) including a motor housing portion and a handle housing portion extending from the motor housing portion to a power receiving end (see annotated FIG. 2 below) adapted to receive a removable power source (battery 28); a motor (42) disposed in the motor housing portion; a trigger (68) operably coupled to the motor and adapted to control operation of the motor (paragraph 49); an air pump (44) operably coupled to the motor (paragraph 48); and a reservoir (100) removably coupled to the air pump (FIG. 2; paragraph 55-56, 65);
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limitations from claim 2, wherein the air pump includes a pump connection (~18);
limitations from claim 3, wherein the pump connection is in fluid communication with the reservoir (FIG. 5-6; via inlet 50, paragraph 59);
limitations from claim 4, wherein the reservoir (100) is adapted to couple to a fluid system (via inlet 18; paragraphs 59-62);
limitations from claim 5, wherein when the reservoir (100) is coupled to the fluid system, the tool and fluid system cooperatively form a pressure-closed environment (FIG. 1, 5, 6; paragraph 58 for example);
limitations from claim 6, further comprising a tube adapted to fluidly connect the air pump and the reservoir (see annotated FIG. 2 below);
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limitations from claim 7, further comprising a tube (18) coupled to the reservoir and adapted to releasably couple to a fluid system (FIG. 5-6; via inlet 50, paragraph 59);
limitations from claim 8, further comprising a switching valve (150) adapted to selectively control the air pump between vacuum and pressure states (paragraph 62);
limitations from claim 9, wherein the switching valve (150) is coupled to the reservoir by a fitting (FIG. 1, in which the valve 150 is fitted to the housing 40 and thereby coupled to the reservoir);
limitations from claim 12, wherein the switching valve is coupled to the reservoir by a tube (the switching valve 150 is mounted on housing 40 and is therefore coupled to the reservoir 100 via housing components such as the tube shown in annotated FIG. 2 above; further the valve controls flow through tubes 50 and 52 which run to the reservoir, and therefore the components are fluidically coupled in this way);
limitations from claim 17, wherein the reservoir (100) includes a chamber for collecting material (see FIG. 2);
limitations from claim 18, wherein the reservoir includes a first connector (~16) adapted to couple to the air pump, and a second connector adapted to couple to a fluid system to cooperatively form a pressure-closed environment (see FIG. 1-2, 5-6; paragraphs 48 and 62; the reservoir 100 is connected to pump 44 via the tube in annotated FIG. 2, the ports 50, 52 and hose 18 connect the reservoir to a fluid system);
limitations from claim 19, wherein the first connector is coupled to a tube (see tube in annotated FIG. 2), and the tube is coupled to a pump connection of the air pump (see FIG. 5-6; also FIG. 7 of another embodiment but showing a reservoir to pump connection);
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limitations from claim 20, wherein the second connector (ports 50, 52) is coupled to a tube (18), and the tube is adapted to couple to the fluid system;
limitations from claim 21, wherein the reservoir (100) is connected in series with the air pump and a fluid system to cooperatively form a pressure closed environment (FIG. 1, 5, 6; paragraph 48 and 58 for example);
limitations from claim 22, a tool (10; FIG. 1) comprising: a housing (40, 52) including a trigger (68) in electrical communication with a motor (42; paragraph 49), the housing is adapted to receive a removable power source (battery 28); an air pump (44) adapted to be powered by and removably coupled to the motor (48) and including a pump connection (see annotated FIG. 2); and a reservoir (100) having a chamber (FIG. 2 about filter 16) and first and second connectors (~16, 50/52); wherein the first connector is coupled to the pump connection and the second connector is adapted to couple to a fluid system external to the tool (any body of water for example, as the pump is a wet/dry pump) to cooperatively form a pressure closed environment (see FIG. 1-2, 5-6; paragraphs 48 and 62; the reservoir 100 is connected to pump 44 via the tube in annotated FIG. 2 using filter assembly/first connector 16; the ports 50, 52 and hose 18 connect the reservoir to a fluid system);
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limitations from claim 23, further comprising a switching valve (150) adapted to selectively control an output of the air pump to either one of either a vacuum or a pressure building states (paragraph 62);
Claim(s) 1 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al (US Patent No. 6,468,047).
Huang teaches:
limitations from claim 1, a tool (FIG. 3) comprising: a pistol-grip style housing (1) including a motor housing portion (about motor 3) and a handle housing portion (10) extending from the motor housing portion to a power source receiving end (about battery 2) adapted to receive a removable power source (2); a motor (3) disposed in the motor housing portion; a trigger (11) operably coupled to the motor and adapted to control operation of the motor (C. 2 Lines 5-6); an air pump (~8) operably coupled to the motor (via rod 6); and a reservoir (~84) removably coupled to the air pump;
limitations from claim 22, a tool (FIG. 3) comprising: a housing (1) including a trigger (11) in electrical communication with a motor (3; C. 2 Lines 5-6), the housing is adapted to receive a removable power source (2); an air pump (~8) adapted to be powered by and removably coupled to the motor and including a pump connection (rod 6); and a reservoir (84) having a chamber and first and second connectors (~81-82 and 86 respectively); wherein the first connector is coupled to the pump connection (at 8; FIG. 3) and the second connector (86) is adapted to couple to a fluid system external to the tool (an object to be inflated for example; C. 2 Lines 48-49) to cooperatively form a pressure closed environment (between the pump and the object to be inflated, i.e. a tire);
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) 10-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cochran et al (US PGPub No. 2004/0088817).
Cochran does not teach the relative positions of the switching valve, reservoir, and pump as in Claims 10-11;
However, it has been held that the rearrangement of parts where the prior art otherwise teaches the claim limitations, requires only routine skill in the art (see MPEP 2144.04 Section VI.C). In this case rearranging the valve, reservoir, and pump would allow for different pump design while maintaining the function of the pump. The examiner further notes that the applicant’s disclosure does not provide a particular criticality for the different arrangements.
10. The tool of claim 8, wherein the switching valve is disposed between the reservoir and the air pump.
11. The tool of claim 8, wherein the reservoir is disposed between the switching valve and air pump.
Cochran further teaches:
limitations from claim 13, wherein the switching valve (150) is coupled to the air pump (44) by a tube (the switching valve 150 is mounted on housing 40 and is therefore coupled to the reservoir 44 via housing components such as the tube shown in annotated FIG. 2 above; further the valve controls flow through tubes 50 and 52 which run to the air pump, and therefore the components are fluidically coupled in this way);
Claim(s) 14-16 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cochran et al (US PGPub No. 2004/0088817) as applied to claims 1 and 24 above, and in further view of Conrad (US PGPub No. 2011/0219576).
Regarding Claims 14 and 24:
Cochran does not teach a bleeder valve;
Conrad teaches a hand tool (200) including a pump (226) and a connection to an outside system (206); and further comprising a bleeder valve (201; paragraph 83);
It would have been obvious to one of ordinary skill in the art of pumps at the time the invention was filed to provide a bleed valve in the pump of Cochran, as taught by Conrad, in order to prevent damaging pressure buildup in the pump;
Regarding Claims 15-16:
Cochran does not teach a bleed valve and Conrad does not teach a reservoir, therefore the prior art does not explicitly teach the relative positioning of the two components. However, it has been held that the rearrangement of parts where the prior art otherwise teaches the claim limitations, requires only routine skill in the art (see MPEP 2144.04 Section VI.C). In this case rearranging the bleed valve, reservoir, and pump would allow for different pump design while maintaining the function of the pump. The examiner further notes that the applicant’s disclosure does not provide a particular criticality for the different arrangements.
15. The tool of claim 14, wherein the bleeder valve is disposed between the reservoir and air pump.
16. The tool of claim 14, wherein the reservoir is disposed between the bleeder valve and air pump.
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered but they are not persuasive.
Applicant has amended claim 1 to recite “pistol-grip style housing including a motor housing portion and a handle housing portion extending from the motor housing portion to a power source receiving end adapted to receive a removable power source”. Applicant argues that Cochran does not teach these limitations, specifically that the handle 54 does not extend from the motor housing to a power source receiving end. The examiner disagrees, see FIG. 2 as reproduced below, the handle 54 extends from the housing 40 at one location and leads to the battery pak 28 side of the housing 40 at the other end.
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Applicant has amended claim 22 to recite “wherein the first connector is coupled to the pump connection and the second connector is adapted to couple to a fluid system external to the tool to cooperatively form a pressure closed environment”. Applicant argues that the hose 18 of Cochran, which is described as being friction-fit to hose-end attachments, does not couple to an external system to form a pressure closed environment. The examiner disagrees, the claims require only that the connector be “adapted to couple” to a fluid system external to the tool; it is the examiner’s position that a hose capable of attaching the other components is adapted to couple to external components of a closed system (via a simple friction fit for example).
Further in order to address the limitations of claims 1 and 22, further prior art to Huang has been relied upon.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 S BOBISH whose telephone number is (571)270-5289. The examiner can normally be reached Mon-Fri 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S BOBISH/Examiner, Art Unit 3746
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