DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schaeffer et al (US 20110266367 A1).
Claim 1, Schaeffer discloses a housing (105) enclosing an internal space;
a nozzle (110) assembly coupled to the housing;
a pump (111) assembly fluidly coupled to the nozzle assembly and positioned within a first region of the internal space; and
a reservoir (120) fluidly coupled to the pump assembly and configured to hold a spray liquid, the reservoir being positioned within a second region of the internal space.
Claim 2, Schaeffer discloses wherein the housing comprises a first clamshell (402) member and a second clamshell member (404), and wherein the second region of the internal space is at least partially defined between the first and second clamshell members (FIG 4).
Claim 3, Schaeffer discloses wherein the housing further comprises a cover member (406) coupled to the first and second clamshell members, and wherein the cover member partially defines the second region of the internal space.
Claim 6, Schaeffer discloses wherein the housing includes a divider wall (406) that separates the first region from the second region.
Claim 8, Schaeffer discloses wherein the reservoir (120) is selectively removable from the internal space (406; FIG 4).
Claim(s) 10-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barthelmes et al (US 20200114375 A1).
Claim 10, Barthelmes discloses a nozzle assembly (124) coupled to the housing (104);
a pump assembly (111) positioned within the housing and fluidly coupled to the nozzle assembly; and
a collapsible reservoir (110a) fluidly coupled to the pump assembly and configured to hold a spray liquid, the collapsible reservoir including a flexible sidewall and defining a variable internal volume;
wherein the collapsible reservoir (110a) is movable between a filled state and a partially emptied state ([0026]), wherein the collapsible reservoir defines a first internal volume in response to being in the filled state and defines a second internal volume in response to being in the partially emptied state, and wherein the second internal volume is less than fifty percent of the first internal volume (This is an inherent function of the self-collapsing film bag 110a).
Claim 11, Barthelmes discloses wherein the housing (104) encloses an internal space (FIG 1), wherein the pump assembly (111) is positioned within a first region of the internal space (pump is positioned in a separate space in the grip assembly as shown in FIG 1), and wherein the collapsible reservoir (110a) is positioned within a second region of the internal space (reservoir positioned in separate space in grip portion as shown in figure 1).
Claim 12, Barthelmes discloses wherein the housing (104) includes a divider wall (120 allows for 112 to pass through divider wall connecting first and second region; FIG 1) is connected to that separates the first region from the second region.
Claim 13, Barthelmes discloses wherein the collapsible reservoir (110a) further includes a rigid coupler (120) affixed to the flexible sidewall.
Claim(s) 16-18, 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gohring et al (US 20070215721 A1).
Claim 16, Gohring discloses a housing (2);
a nozzle assembly (4) coupled to the housing;
a pump ([0026]) assembly positioned within the housing (2) and fluidly coupled to the nozzle assembly (4); and
a collapsible reservoir (51) fluidly coupled to the pump assembly and configured to hold a spray liquid, the collapsible reservoir including a flexible bag (52) and a rigid coupler (53) affixed to the flexible bag ([0040]).
Claim 17, Gohring discloses wherein the housing (2) encloses an internal space, wherein the pump assembly ([0026]) is positioned within a first region of the internal space (2; [0001]), and wherein the collapsible reservoir (52) is positioned within a second region of the internal space (56).
Claim 18, Gohring discloses wherein the collapsible reservoir (52) is movable between a filled state and a partially emptied state, wherein the collapsible reservoir defines a first internal volume in response to being in the filled state and defines a second internal volume in response to being in the partially emptied state, and wherein the second internal volume is less than ninety percent of the first internal volume (This is an inherent function to a elastically deformable paint bag 52).
Claim 20, Gohring discloses wherein the collapsible reservoir (52) is selectively removable from the internal space (FIG 9-10).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Schaeffer et al as applied to claim 3 above, and further in view of Weiss et al (US 5377869 A).
Claim 4, Schaeffer substantially discloses the apparatus as claimed above but is silent on wherein the second region is entirely enclosed by the first clamshell member, the second clamshell member, and the cover member.
Weiss teaches wherein the second region is entirely enclosed by the first clamshell member (10a), the second clamshell member (10b), and the cover member (30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schaeffer with clamshell as taught by Weiss in order to provide an enclosed housing to provide a cavity to protect the contents.
Claim(s) 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Schaeffer et al as applied to claims 1 and 8 above, and further in view of Barthelmes et al.
Claim 5, Schaeffer substantially discloses the apparatus as claimed above but is silent on wherein the reservoir is collapsible such that a first internal volume of the reservoir in a filled state is greater than a second internal volume of the reservoir in an empty state.
Barthelmes teaches wherein the reservoir (110a) is collapsible such that a first internal volume of the reservoir in a filled state is greater than a second internal volume of the reservoir in an empty state ([0026])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schaeffer with reservoir as taught by Barthelmes in order to provide a self-collapsing tank that is low cost and can easily be visual inspected.
Claim 9, Schaeffer discloses an electronic controller ([0077]) configured to control operation of the pump assembly.
But is silent on a sensor electrically connected to the electronic controller and configured to detect the reservoir within the internal space; wherein the electronic controller disables the pump assembly in response to a signal from the sensor indicating that the reservoir is not within the internal space.
Barthelmes teaches a sensor (123) electrically connected to the electronic controller (108) and configured to detect the reservoir within the internal space; wherein the electronic controller disables the pump assembly in response to a signal from the sensor indicating that the reservoir is not within the internal space ([0028]; [0032] – [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schaeffer with sensor as taught by Barthelmes in order to allow for the control to adapt to various parameters and allow for improvement measure to be introduced, error messages to be output and quality to be monitored.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Schaeffer et al as applied to claim 1 above, and further in view of Sulzer et al (US 20230191435 A1).
Claim 7, Schaeffer substantially discloses the apparatus as claimed above but is silent on a transfer coupler configured to couple to an external source of the spray liquid and to supply the spray liquid to the reservoir via the pump assembly.
Sulzer teaches a transfer coupler (91; [0067], [0068) configured to couple to an external source of the spray liquid and to supply the spray liquid to the reservoir via the pump assembly.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schaeffer with transfer coupler as taught by Sulzer in order to allow for refilling of the cartridge.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Barthelmes et al as applied to claim 10 above, and further in view of Sulzer et al (US 20230191435 A1).
Claim 14, Schaeffer substantially discloses the apparatus as claimed above but is silent on a transfer coupler configured to couple to an external source of the spray liquid and to supply the spray liquid to the reservoir via the pump assembly.
Sulzer teaches a transfer coupler (91; [0067], [0068) configured to couple to an external source of the spray liquid and to supply the spray liquid to the reservoir via the pump assembly.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schaeffer with transfer coupler as taught by Sulzer in order to allow for refilling of the cartridge.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Barthelmes et al as applied to claim 10 above, and further in view of Weiss et al (US 5377869 A).
Claim 15, Barthelmes substantially discloses the apparatus as claimed above but is silent on wherein the housing includes a first clamshell member, a second clamshell member, and a cover member, and wherein the reservoir is enclosed within an internal space bounded by the first clamshell member, the second clamshell member, and the cover member.
Weiss teaches wherein the second region is entirely enclosed by the first clamshell member (10a), the second clamshell member (10b), and the cover member (30), and wherein the reservoir is enclosed within an internal space bounded by the first clamshell member, the second clamshell member, and the cover member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Barthelmes with clamshell as taught by Weiss in order to provide an enclosed housing to provide a cavity to protect the contents.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gohring et al as applied to claim 16 above, and further in view of Weiss et al (US 5377869 A).
Claim 19, Gohring substantially discloses the apparatus as claimed above but is silent on wherein the housing includes a first clamshell member, a second clamshell member, and a cover member, and wherein the reservoir is enclosed within an internal space bounded by the first clamshell member, the second clamshell member, and the cover member.
Weiss teaches wherein the second region is entirely enclosed by the first clamshell member (10a), the second clamshell member (10b), and the cover member (30), and wherein the reservoir is enclosed within an internal space bounded by the first clamshell member, the second clamshell member, and the cover member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gohring with clamshell as taught by Weiss in order to provide an enclosed housing to provide a cavity to protect the contents.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
Prosecution Insights