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 .
Information Disclosure Statement
The Information Disclosure Statement filed on October 23, 2024 has been considered. An initialed copy of the Form 1449 is enclosed herewith.
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.
Claims 1-4 and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spandl, et al. (hereinafter referred to as “Spandl,” US 9,620,032).
Regarding claim 1, and substantially similar limitations in claim 13, Spandl discloses a housing assembly (102) defining a demonstrator cavity (124) (see FIG. 1, case or container 106; see FIG. 2, dividing wall 146, panels 124, 126, 128, 130, 134, 136 and splash guard 144),
a partition dividing said demonstrator cavity (124) into a first nozzle chamber (124a) and a second nozzle chamber (124b) (see FIG. 3, a dividing wall 146 and spray chambers 208, 210)
a plurality of spray nozzles (112), the plurality of spray nozzles (112) comprising a first spray nozzle (112) positioned in said first nozzle chamber (124a) and a second spray nozzle (112) positioned in said second nozzle chambers (124b) (see FIGS. 1-7, the nozzle turrets 110, 112); and
a pump system (200, 300) operatively connected to said plurality of spray nozzles and configured to draw liquid from a liquid reservoir and to provide liquid to said first spray nozzle (112) and said second spray nozzle (112) (see col. 3, lines7-26: In one embodiment, the demonstration kit may include a spray assembly and a control assembly and the two assemblies may be fluidly connected through one or more hoses and quick connect valves. The control assembly includes a power assembly, one or more pumps that pump fluid to nozzle assemblies within the spray assembly, a pulse dampening assembly, and may include one or more control circuits that vary the speed and other operating characteristics of the pump to vary the flow to the nozzles, e.g., through a pulse width modulation signal. The spray assembly structure may include one or more fluid reservoirs, a plurality of nozzles, a boom or other nozzle support structure, and a plurality of sidewall panels. In operation, the control assembly pulls fluid from the fluid reservoir(s) within the spray assembly and pumps the fluid to the nozzle assemblies via a plurality of hoses or tubes. The nozzles then emit the fluid, where the characteristics of the fluid output depend on the nozzle structure, type of fluid in the reservoir, and the pump characteristics varied by the control assembly which the various characteristics may be viewed by one or more users),
wherein the first spray nozzle (112) is configured to create a first spray pattern (114a), and wherein the second spray nozzle (112) is configured to create a second spray pattern (114b) that is different from the first spray pattern (114a) (see col. 2, line 60 through col. 3, line 6: Embodiments of the present disclosure may take the form of a demonstration kit that can be used to illustrate and compare spray characteristics of one or more application scenarios using variations of any or all of the following variables: nozzle type, fluid pressure, and spray solution. The demonstration kit may be configured such that two or more nozzles may be operated adjacent one another and optionally at the same time. This allows a user to better compare the spray characteristics of the two or more nozzles and/or nozzles with different fluid and/or flow characteristics. Additionally, the demonstration kit may be portable and include a plurality of components that may be folded, disassembled, or otherwise reconfigured in order to fit within a traveling assembly;
see col. 3, lines 22-26: The nozzles then emit the fluid, where the characteristics of the fluid output depend on the nozzle structure, type of fluid in the reservoir, and the pump characteristics varied by the control assembly which the various characteristics may be viewed by one or more users).
Regarding claim 2, and substantially similar limitations in claim 14, Spandl discloses wherein the pump system (200, 300) comprises a first pump (204a, 302a) configured to draw liquid from the liquid reservoir and to provide liquid to the first spray nozzle (112), and a second pump (204b, 302b) configured to draw liquid from the liquid reservoir and to provide liquid to the second spray nozzle (112) (see col. 3, lines7-26: In one embodiment, the demonstration kit may include a spray assembly and a control assembly and the two assemblies may be fluidly connected through one or more hoses and quick connect valves. The control assembly includes a power assembly, one or more pumps that pump fluid to nozzle assemblies within the spray assembly, a pulse dampening assembly, and may include one or more control circuits that vary the speed and other operating characteristics of the pump to vary the flow to the nozzles, e.g., through a pulse width modulation signal. The spray assembly structure may include one or more fluid reservoirs, a plurality of nozzles, a boom or other nozzle support structure, and a plurality of sidewall panels. In operation, the control assembly pulls fluid from the fluid reservoir(s) within the spray assembly and pumps the fluid to the nozzle assemblies via a plurality of hoses or tubes. The nozzles then emit the fluid, where the characteristics of the fluid output depend on the nozzle structure, type of fluid in the reservoir, and the pump characteristics varied by the control assembly which the various characteristics may be viewed by one or more users).
Regarding claim 3, and substantially similar limitations in claim 15, Spandl discloses wherein the first pump (204a, 302a) and the second pump (204b, 302b) are independently controllable (see col. 14, line 47 through col. 15, line 3: control panel 290 may be connected to an outer surface on a first end of the base 340 of the control box 156. The control panel 290 includes two inlets 302, 300 that are fluidly connected to hoses from the spray assembly 102. Additionally, the control panel 290 may include a plurality of input buttons or dials 304, 306, 308 that may be used to operate the demonstration kit 100. For example, two of the input dials 304, 306 may be rheostats that are used to vary the speed of the corresponding pumps 312, 314 and thereby the outlet flow from the pumps. Varying the pump speed results in varying pressure differences depending on the nozzle 114 chosen at turret 110, 112. The electronic control of the pumps via the input dials 304, 306 allows for easy adjustment of the pump characteristics without having to manually adjust any features (e.g., manually vary the flow path, siphon fluid off the flow, etc.) within the control assembly and/or spray assembly. The third button 308 may be used to turn the control assembly 104 on or off. Finally, the control panel 290 may also include a display 312. In the example shown in FIG. 15, the display 312 is used to provide a visual output of the currently available voltage. However, in other embodiments, the display 312 may be used to display other characteristics of the control assembly 104, e.g., flow rate, fluid pressure, etc.).
Regarding claim 4, and substantially similar limitations in claim 16, Spandl discloses wherein each of the first pump (204a, 302a) and the second pump (204b, 302b) is an electric pump (see col. 3, lines 56-59: Further, the demonstration kit of the present disclosure may include a portable power supply to operate the pumps, which allows the demonstration kit to have an untethered operation and be used in a variety of locations;
see col. 15, lines 20-25: The pumps 312, 314 may be self-priming diaphragm pumps and generally chemical resistant. In some embodiments the pumps may pump around 100 psi with a low amp draw from the power supply. For example, the pumps 312, 314 may be 12 volt pumps and pump at least 1.4 gallons per minute under full pressure at full speed.).
Regarding claim 9, Spandl discloses wherein the housing assembly (102) includes a first button (126a) associated with the first spray nozzle (112) and a second button (126b) associated with a second spray nozzle (112) (see col. 14, line 47 through col. 15, line 3: control panel 290 may be connected to an outer surface on a first end of the base 340 of the control box 156. The control panel 290 includes two inlets 302, 300 that are fluidly connected to hoses from the spray assembly 102. Additionally, the control panel 290 may include a plurality of input buttons or dials 304, 306, 308 that may be used to operate the demonstration kit 100. For example, two of the input dials 304, 306 may be rheostats that are used to vary the speed of the corresponding pumps 312, 314 and thereby the outlet flow from the pumps. Varying the pump speed results in varying pressure differences depending on the nozzle 114 chosen at turret 110, 112. The electronic control of the pumps via the input dials 304, 306 allows for easy adjustment of the pump characteristics without having to manually adjust any features (e.g., manually vary the flow path, siphon fluid off the flow, etc.) within the control assembly and/or spray assembly. The third button 308 may be used to turn the control assembly 104 on or off. Finally, the control panel 290 may also include a display 312. In the example shown in FIG. 15, the display 312 is used to provide a visual output of the currently available voltage. However, in other embodiments, the display 312 may be used to display other characteristics of the control assembly 104, e.g., flow rate, fluid pressure, etc.).
Regarding claim 10, Spandl discloses wherein each of the first nozzle chamber (124a) and the second nozzle chamber (124b) comprises a splash plate (116) (see col. 7, lines 23-36: The spray assembly 102 may also include a splash guard 144. The splash guard 144 may be a transparent or partially transparent material, e.g., clear plastic, glass, or the like, to allow the spray patterns to be viewed through the splash guard 144. The splash guard 144 may have a length that substantially matches the length of the base 162. The height of the splash guard 144 may be substantially less than the panels 124, 126, 128, 130, 134, 136. In one embodiment, the splash guard 144 may have a height that is a quarter or less of the height of the panels 124, 126, 128, 130, 134, 136. The shorter height of the splash guard 144 allows a user to view more of the spray compartments 208, 210 without obstruction. However, the dimensions of the splash guard 144 may be varied as desired;
see col. 13, 61-65: The splash guard 144 may then be connected to the spray assembly 102. The splash guard 144 may extend along the opposite base sidewall from the back wall panels 124, 126, 128, 130 and may be substantially perpendicular to the sidewalls 134, 136 and the dividing wall 146.).
Regarding claim 11, Spandl discloses wherein the housing assembly (102) comprises one or more floor plates (118) configured to collect and guide liquid from the plurality of spray nozzles (112) back to the liquid reservoir (134) via one or more liquid openings (120) (see col. 9, line 65 through col. 10, line 6: With reference to FIGS. 2 and 11, the spray assembly 102 may also include two or more floor panels or spray catch panels 138, 140. As will be discussed in more detail below, the spray catch panels 138, 140 in the operation orientation may be connected to side panels 134,136, respectively, by a watertight and flexible hinged connection such as waterproof adhesive. This ensures that fluid impacting the sidewalls 134, 136 will be directed back towards a center of the case and into the reservoirs;
see col. 12, lines 60-67: The catch panels 138, 140 may then be connected to the sidewalls 134, 136 and extend over the opening in the base 162. The edges of the catch panels 138, 140 rest against the top ends of the filters 244, 246 so that they are angled so as to define a sloped floor that encourages fluid to flow towards the drain gaps 150, 152. Fluid traveling on the top surface of the floor panels 138, 140 may be drained into the reservoir tanks 240, 242 through the drain gaps 150, 152.).
Regarding claim 12, Spandl discloses wherein the housing assembly (102) comprises a base (104), a demonstration chamber (106), and a cover (108), and wherein the demonstration chamber (106) is transparent and defines the demonstrator cavity (124) (see FIG. 8, case or container 106, cover 160, base 162; see FIG. 2, dividing wall 146, panels 124, 126, 128, 130, 134, 136 and splash guard 144; see col. 7, lines 23-36: The spray assembly 102 may also include a splash guard 144. The splash guard 144 may be a transparent or partially transparent material, e.g., clear plastic, glass, or the like, to allow the spray patterns to be viewed through the splash guard 144. The splash guard 144 may have a length that substantially matches the length of the base 162. The height of the splash guard 144 may be substantially less than the panels 124, 126, 128, 130, 134, 136. In one embodiment, the splash guard 144 may have a height that is a quarter or less of the height of the panels 124, 126, 128, 130, 134, 136. The shorter height of the splash guard 144 allows a user to view more of the spray compartments 208, 210 without obstruction. However, the dimensions of the splash guard 144 may be varied as desired).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-8 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Spandl, et al. (hereinafter referred to as “Spandl,” US 9,620,032).
Regarding claim 18, and substantially similar limitations in claims 5 and 17, Spandl discloses a housing assembly (102) defining a demonstrator cavity (124) (see FIG. 1, case or container 106; see FIG. 2, dividing wall 146, panels 124, 126, 128, 130, 134, 136 and splash guard 144),
a plurality of spray nozzles (112), the plurality of spray nozzles (112) comprising a first spray nozzle (112) and a second spray nozzle (112) (see FIGS. 1-7, the nozzle turrets 110, 112); and
a pump system (200, 300) operatively connected to said plurality of spray nozzles and configured to draw liquid from a liquid reservoir and to provide liquid to said first spray nozzle (112) and said second spray nozzle (112) (see col. 3, lines7-26: In one embodiment, the demonstration kit may include a spray assembly and a control assembly and the two assemblies may be fluidly connected through one or more hoses and quick connect valves. The control assembly includes a power assembly, one or more pumps that pump fluid to nozzle assemblies within the spray assembly, a pulse dampening assembly, and may include one or more control circuits that vary the speed and other operating characteristics of the pump to vary the flow to the nozzles, e.g., through a pulse width modulation signal. The spray assembly structure may include one or more fluid reservoirs, a plurality of nozzles, a boom or other nozzle support structure, and a plurality of sidewall panels. In operation, the control assembly pulls fluid from the fluid reservoir(s) within the spray assembly and pumps the fluid to the nozzle assemblies via a plurality of hoses or tubes. The nozzles then emit the fluid, where the characteristics of the fluid output depend on the nozzle structure, type of fluid in the reservoir, and the pump characteristics varied by the control assembly which the various characteristics may be viewed by one or more users),
wherein the pump system (200, 300) configured to draw liquid from the liquid reservoir and to provide liquid to the first spray nozzle (112) to create a first spray pattern (114a), and configured to draw liquid from the liquid reservoir and to provide liquid to the second spray nozzle (112) to create a second spray pattern (114b) that is different from the first spray pattern (114a) (see col. 2, line 60 through col. 3, line 6: Embodiments of the present disclosure may take the form of a demonstration kit that can be used to illustrate and compare spray characteristics of one or more application scenarios using variations of any or all of the following variables: nozzle type, fluid pressure, and spray solution. The demonstration kit may be configured such that two or more nozzles may be operated adjacent one another and optionally at the same time. This allows a user to better compare the spray characteristics of the two or more nozzles and/or nozzles with different fluid and/or flow characteristics. Additionally, the demonstration kit may be portable and include a plurality of components that may be folded, disassembled, or otherwise reconfigured in order to fit within a traveling assembly;
see col. 3, lines 22-26: The nozzles then emit the fluid, where the characteristics of the fluid output depend on the nozzle structure, type of fluid in the reservoir, and the pump characteristics varied by the control assembly which the various characteristics may be viewed by one or more users).
Spandl fails to explicitly disclose wherein the pump system (200, 300) comprises a first piston pump (204a, 302a) and a second piston pump (204b, 302b). However, the Applicant’s use of piston pumps is an obvious design choice. Applicant has not disclosed that the use of piston pumps solves any stated problem or is for any particular purpose. Moreover, it appears that any mode of pump operation using the device of Spandl or the Applicant would perform equally well. Therefore, it would have been prima facie obvious to modify Spandl to obtain the device as specified in claims 5, 17 and 18, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Spandl.
Regarding claim 6, and substantially similar limitations in claim 19, Spandl fails to explicitly disclose wherein the piston pump comprises a positive displacement pump shaft (308) and a pump chamber (310). However, the Applicant’s use of a piston pump that comprises a positive displacement pump shaft and a pump chamber is an obvious design choice. Applicant has not disclosed that the use of a positive displacement pump shaft and a pump chamber solves any stated problem or is for any particular purpose. Moreover, it appears that any pump design using the device of Spandl or the Applicant would perform equally well. Therefore, it would have been prima facie obvious to modify Spandl to obtain the device as specified in claims 6 and 19, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Spandl.
Regarding claim 7, and substantially similar limitations in claim 19, Spandl discloses wherein the piston pump comprises a check valve (306a, 306b) positioned at each of an inlet and an outlet to the pump chamber (310) (see col. 16, lines 39-47: These quick disconnects incorporate check valves to prevent escape of fluids when the hoses are disconnected. Suction hoses 260, 262 may be connected of the spray assembly 104, which fluidly connects the pumps 312, 314 to the reservoir trays in the spray assembly 102 via the check valves 265, 267. The dampening hoses 316, 318 of the control assembly 104 may be fluidly connected to the hoses 120, 122 of the spray assembly 102 via one or more quick disconnects;
see col. 17, lines 35-46: With reference to FIG. 1, in an operating orientation the control assembly 104 may be powered on via the power switch 308 on the control panel 290 or one or more power switches 350, 352 on the spray assembly 102. Additionally, the reservoir hoses 260, 262 may be connected to the inlets 300, 302 in the control panel 290 through the check valves 265, 267 and the outlet hoses 120, 122 may be fluidly connected to the pump outlet hoses 316, 318 via a back side of the control case 156. In some embodiments, the reservoir hoses 260, 262 may be connected to a rear or another location on the control panel 290 (i.e., on another surface other than the surface including the various control buttons.)).
Regarding claim 8, and substantially similar limitations in claim 20, Spandl fails to explicitly disclose wherein the first spray pattern (114a) is a disturbed spray pattern and the second spray pattern (114b) is an even spray pattern. However, the Applicant’s use of a disturbed spray pattern and an even spray pattern is an obvious design choice. Applicant has not disclosed that the use of a disturbed spray pattern and an even spray pattern solves any stated problem or is for any particular purpose. Moreover, it appears that any spray pattern using the device of Spandl or the Applicant would perform equally well. Therefore, it would have been prima facie obvious to modify Spandl to obtain the device as specified in claims 8 and 20, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Spandl.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent 6,234,002 to Sisney, et al.
US Patent 4,845,979 to Farenden, et al.
US Patent 3,478,580 to Siemietkowski, et al.
US Patent 2,483,637 to Hawthorne, et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT P. BULLINGTON whose telephone number is (313) 446-4841. The examiner can normally be reached on Monday through Friday from 8 A.M. to 4 P.M. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Peter Vasat, can be reached on (571) 270-7625. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Robert P Bullington, Esq./ Primary Examiner, Art Unit 3715
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