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 .
The amendment filed February 20, 2026 has been entered. Claims 1, 6, 13 and 16 are amended. Claims 2-5, 7-8, 14 and 17 are cancelled. Claims 18 and 19 are new. Therefore, claims 1, 6, 9-13, 15-16 and 18-19 are currently pending in the application.
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 1, 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Hantzschel et al., U.S. Patent Publication 2024/0299991.
As per claim 1, Fassbinder discloses a grease discharge device (1) [lubrication station] comprising:
a tank (3) configured to store grease (para [0006]) with an opening (near 7b) at an upper part of the tank (3);
a lid (7b) that closes the opening;
a pump unit (4) that is connected to the lid (7b) and configured to suction the grease in the tank (3) and discharge the grease to an outside of the tank by driving of a motor (4);
a battery base (fig. E-1) on which an attachable and detachable battery (para [0032]) for driving the motor can be attached [The pump unit is described in para ([0032]) to have a pump, motor and battery.]
Fassbinder does not disclose an opening and closing cover that is configured to fully cover the battery when the battery is attached to the battery base and the opening and closing cover is closed.
However, Hantzschel et al. in their Pressure Washer with a Movable Crossbar invention teach the use of a battery compartment (136, part of housing 106) (figs. 8, 9) with a battery compartment cover (306) (para [0046]). The invention is directed to a portable pressure washer having a battery compartment within which battery packs are supported (para [0001]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Fassbinder with a cover for the battery base, as taught by Hantzschel et al., for the purpose of ensuring a water free environment for the battery for improved durability (Hantzschel, para [0001]).
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As per claim 6, Fassbinder and Hantzschel et al. as set forth above, Fassbinder does not disclose a handle that can be gripped by an operator wherein the handle is movable in an up-down direction and fixable at a predetermined height.
However, Hantzschel et al. in their Pressure Washer with a Movable Crossbar invention teach the use of a handle to move the washer unit that is on wheels. The handle able to be set in retracted and extended positions (para [0034]) (figs. 2, 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination invention of Fassbinder and Hantzschel with an adjustable handle, as taught by Hantzschel et al., for the purpose of moving the grease discharge device while on the ground with a handle most suitable for the height of the person moving it.
As per claim 12, Fassbinder as set forth above, discloses the tank (3) is circular in plan view. Fassbinder discloses the claimed invention except for the tank has a capacity of at least 16 liters (para [0044]). A liter of grease typically weighs .91 to .97 Kg. Sixteen liters weighing approximately 15 Kg.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Hantzschel et al., U.S. Patent Publication 2024/0299991, further in view of Klein, U.S. Patent 2,960,185
As per claim 9, Fassbinder and Hantzschel et al. as set forth above, Fassbinder as modified, discloses a discharge port of the pump unit (4) is selectively connectable to a first coupler (fig. E-1) connectable to a grease supply destination. Fassbinder does not disclose an operation portion that turns on or off driving of the motor or a second coupler including a second operation portion that controls the motor and being connectable to a grease supply destination.
However, Klein in his Lubricating Apparatus invention teaches an on button (149) and an off button (153) that turns a motor on and off. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination invention of Fassbinder and Hantzschel et al. with on/off buttons, as taught by Klein, for the purpose of being able to start and stop a lubrication operation to a grease supply destination.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable Fassbinder, U.S. Patent Publication 2012/0145484 in view of Hantzschel et al., U.S. Patent Publication 2024/0299991, further in view of Klein, U.S. Patent 2,960,185, further in view of Alekseyev et al., U.S. Patent Publication 2013/0081903
As per claim 10, Fassbinder, Hantzschel et al. and Klein as set forth above, do not disclose the second operation portion includes at least a switch that turns on or off the driving of the motor and an operating member that operates the switch. However, Alekseyev et al. in their Battery Powered Handheld Lubrication Gun with Display invention teach the use of a electric trigger switch (136) that includes a trigger (142) (paras [0019, 0020]) (fig. 1) that operates the switch and a mechanical selector switch (144) that selects low or high speed gearing of the transmission assembly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination invention of Fassbinder, Hantzschel et al. and Klein with an additional trigger switch, as taught by Alekseyev et al. , for the purpose of a more convenient method to dispense lubricant with hand held controls rather than have to reach to the pump unit to power the pump unit on and off.
As per claim 11, Fassbinder, Hantzschel et al., Klein and Alekseyev et al. as set forth above, Fassbinder as modified disclose the second operation portion (136, 142, 144) includes a speed change operation portion (144) configured to change a rotation speed of the motor.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Hantzschel et al., U.S. Patent Publication 2024/0299991, further in view of Alekseyev et al., U.S. Patent Publication 2013/0081903.
As per claim 13, Fassbinder and Hantzschel et al. as set forth above, does not disclose a display part that displays at least a remaining capacity of the battery at an upper portion of the device. However, Alekseyev et al. in their Battery Powered Handheld Lubrication Gun with Display invention teach the use of a display (204) that has a dispensed grease indicator area (340), a battery icon (350) indicating the remaining battery power available and a volume level icon (370) indicating the volume of lubricant remaining in the reservoir.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Fassbinder with a display indicating remaining battery power in a location near the top of the device, as taught by Alekseyev et al., for the purpose of informing the operator how much longer the unit can be used before charging is required at an easily visible location for an operator.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Hantzschel et al., U.S. Patent Publication 2024/0299991, further in view of Jones, U.S. Patent Publication 2006/0239668.
As per claim 15, Fassbinder and Hantzschel et al. as set forth above, Fassbinder does not disclose a heating unit for grease is disposed on the tank. However, Jones in his Heater Plate Stand for Grease Barrel invention teaches the use of a heater plate stand (20) (fig. 3) to heat a barrel (30) of lubrication grease (paras [0026, 0027]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Fassbinder and Hantzschel et al. with a heater stand plate, as taught by Jones, for the purpose of heating the grease in the barrel without contacting the grease directly to bring the grease to a proper viscosity for dispensing through a pump (para [0017]
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Gray, U.S. Patent 2,810,496.
As per claim 16, Fassbinder discloses a grease discharge device (1) comprising:
a tank (3) configured to store grease (para [0006]) with an opening (near 7b) at an upper part of the tank (3) and the tank (3) having a capacity of at least 16 liters or more (para [0044]); [A liter of grease typically weighs .91 to .97 Kg. Sixteen liters weighing approximately 15 Kg]
a lid (7b) that closes the opening;
a pump unit (4) disposed above the lid (7b) and configured to discharge the grease to an outside of the tank (3); and
a battery base (fig. E-1) on which an attachable and detachable battery (para [0032]) for driving the pump unit (4) can be attached is disposed above the lid (7b).
Fassbinder does not disclose an inner lid disposed inside the tank. However, Gray in his Lubricant Dispensing Apparatus and the Like invention teach a lubricant dispensing apparatus to dispense viscous lubricants to deliver grease to machinery equipped with fittings (col. 1, lines 15-27). The grease drum uses an inner lid (15) [grease-follower] (fig.1) located in the container (14), below lid (13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Fassbinder with an inner lid, as taught by Gray, for the purpose of preventing grease within the container from cavitating (col. 2, lines 12-26).
As per claim 18, Fassbinder and Gray as set forth above, Fassbinder does not disclose a fixing unit configured to fix the lid to the tank. However, Gray in his Lubricant Dispensing Apparatus and the Like invention teach a lubricant dispensing apparatus to dispense viscous lubricants to deliver grease to machinery equipped with fittings (col. 1, lines 15-27). Gray teaches the use of a fixing unit (70, 69) [set screws, thickened boss-like enlargements] to attach a lid (13) to a tank (14) (col. 5, lines 62-75) (fig. 1)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination invention of Fassbinder and Gray with a fixing unit attaching the lid to the tank, as taught by Gray, for the purpose of locking the lid to the tank during the pumping process.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Fassbinder, U.S. Patent Publication 2012/0145484 in view of Gray, U.S. Patent 2,810,496, further in view of McInerney, U.S. Patent Publication 2004/0031812.
As per claim 19, Fassbinder and Gray as set forth above, Fassbinder does not disclose a first coupler and a second coupler which is different from the first coupler is selectively connectable with the pump unit.
However, McInerney in his Grease Gun Adaptor Device invention teaches the use of a grease gun adaptor device (fig. 2) with a plurality of interchangeable adaptor tips (46a-d) (couplers). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination invention of Fassbinder Gray with an adaptor with multiple adaptor tips (couplers), as taught by McInerney, for the purpose of being able to lubricate different sized grease fittings (para [0003]).
Response to Arguments
Applicant's arguments filed February 20, 2026 have been fully considered but they are not persuasive. Applicant argues on page 5 of the Remarks that Fassbinder fails to disclose a battery base because Fassbinder does not actually disclose the location of the battery base. Examiner respectfully disagrees. Fassbinder discloses the pump 4 illustrated in the figure comprises a battery, motor and pump. The figure clearly shows pump 4 located in a battery base (fig. E-1) even though the motor and battery are not expressly identified. Applicant’s further arguments with respect to claim(s) 1 and 16 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
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.
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/M.K.B/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654