Prosecution Insights
Last updated: August 15, 2026
Application No. 18/955,651

BATTERY POWERED FLUID SPRAYER

Non-Final OA §103
Filed
Nov 21, 2024
Priority
Oct 01, 2020 — provisional 63/086,454 +2 more
Examiner
BOECKMANN, JASON J
Art Unit
Tech Center
Assignee
Graco Minnesota Inc.
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
1y 10m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
490 granted / 997 resolved
-10.9% vs TC avg
Strong +29% interview lift
Without
With
+28.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
52 currently pending
Career history
1047
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 997 resolved cases

Office Action

§103
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 . 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, 3, 7-10, 12, 13, 15, 16, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz (2019/0072085) in view of Hines et al. (2015/0217312) Regarding claim 1, Schultz shows a fluid sprayer (1) comprising: a sprayer body (49) having a longitudinal end (fig 3); an electric pump (33) to spray fluid, the pump disposed on the longitudinal end of the sprayer body (fig 3); a stand (25) supporting the sprayer body, the stand comprising at least two legs (fig 3 shows three legs 25), the stand extending vertically below the sprayer body (fig 3); a battery mount (55) holding a battery configured to provide power to the electric pump to power pumping by the pump, the battery mount disposed vertically below the sprayer body (fig 2, 4), and the battery mount positioning the battery such that the battery is disposed vertically between an interface between the stand and the sprayer body and a ground interface of the stand (fig 2-4) when mounted to the battery mount, wherein the battery mount includes a mounting opening (space between 23 and 39 and the legs) through which the battery can be mounted to the battery mount and dismounted from the battery mount, the mounting opening oriented laterally and facing outward from a first lateral side of the sprayer body (fig 3, 4); and at least one control (62, 59, 70) disposed on a same side of the sprayer body as is located the mounting opening from which the battery mounts to the battery mount and from which the battery dismounts from the battery mount (fig 5), the at least one control configured to one or more of set a fluid pressure output from the fluid sprayer, prime the pump, and power the fluid sprayer [0037]. But fails to disclose that the electric pump includes an electric motor and a piston pump. Hines et al. teaches an electric sprayer that includes an electric motor and a piston pump [0013]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use an electric motor and a piston pump of, similar to that of Hines et al. in the sprayer of Schultz, in order to have increased efficiency. Regarding claim 3, the at least one control is a switch configured to power the fluid sprayer on and off [0037]. Regarding claim 7, wherein the longitudinal end is a front end of the sprayer body (fig 3). Regarding claim 8, further comprising: a handle (21, 27 can be used as a handle) projecting from a top side of the sprayer body (fig 4), wherein the handle is laterally offset towards the first lateral side of the sprayer body (fig 4). Regarding claim 9, wherein the handle extends laterally outward from the top side of the sprayer body (fig 4). Regarding claim 10, wherein the handle is laterally offset from a reciprocation axis of a piston of the piston pump (fig 3, 4). Regarding claim 12, wherein the battery is disposed laterally between a first leg of the at least two legs and a second leg of the at least two legs (fig 3, 4). Regarding claim 13, wherein the battery is disposed within an area bounded by the at least two legs (fig 3, 4). Regarding claim 15, wherein the battery is connected to the battery mount by a portion of the battery disposed in a slot of the battery mount (fig 2, 4). Regarding claim 16, wherein: the battery is slidably mountable to the battery mount through the mounting opening (fig 3, 4); and the battery does not slide towards a front of the fluid sprayer during dismounting and does not slide towards the pump during dismounting (fig 3, 4, the battery is fully capable of being slid in and out through the side space between 49 and 23). Regarding claim 18, the above combination discloses 3 legs, But does not include at least four legs. However, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add an additional leg to the stand in order to increase its strength. Regarding claim 20, wherein the stand includes a base plate (23) supporting the battery mount. Claim(s) 2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz (2019/0072085) as modified by Hines et al. (2015/0217312) above, further in view of Cyphers (5,769,321) Regarding claim 2, the above combination shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the at least one control is a pressure control configured to set the fluid pressure. Cyphers teaches a fluid pressure control knob (26) Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a pressure control knob to the control of Schultz as modified above, in order to be able to set the pump pressure. Regarding claim 4, the above combination shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the at least one control further includes a priming valve. Cyphers teaches a priming valve (28). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to priming valve to the control of Schukltz as modified above, in order to be able to prime the pump. Regarding claim 5, in the above combination where the primer vale and the pressure knob are added, the at least one control includes a pressure control (26 Cyphers) configured to set the fluid pressure, a switch configured to power the fluid sprayer on and off (Shultz [0037]), and a priming valve (cyphers 28). Regarding claim 6, the above combination teaches a control assembly mounted to the first lateral side of the sprayer body (Schultz), the control assembly fluidly connected to the piston pump to receive fluid output by the piston pump (the pressure knob of Cyphers is fluidly connected to the pump), wherein the control assembly includes a pressure control (26 Cyphers) configured to set the fluid pressure and includes a priming valve (28 Cyphers). Claim(s) 1, 3, 7, 12, 13, 15, 16, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (2007/0278326) in view of Hines et al. (2015/0217312) Regarding claim 1, Wu shows a fluid sprayer (fig 1) comprising: a sprayer body (10) having a longitudinal end (the end with Pannel 13); an electric motor and pump ([0024]) to spray fluid, the pump disposed on the longitudinal end of the sprayer body (fig 9); a stand (144) supporting the sprayer body, the stand comprising at least two legs (fig 2, 144 on each side of the sprayer), the stand extending vertically below the sprayer body (fig 3); a battery mount (143) holding a battery configured to provide power to the electric pump to power pumping by the pump, the battery mount disposed vertically below the sprayer body (fig 3), and the battery mount positioning the battery such that the battery is disposed vertically between an interface between the stand and the sprayer body and a ground interface of the stand (fig 3) when mounted to the battery mount, wherein the battery mount includes a mounting opening (space between 144) through which the battery can be mounted to the battery mount and dismounted from the battery mount, the mounting opening oriented laterally and facing outward from a first lateral side of the sprayer body (fig 3, 4); and at least one control (13, 131) disposed on a same side of the sprayer body as is located the mounting opening from which the battery mounts to the battery mount and from which the battery dismounts from the battery mount (fig 4, 131 and 13 are both located at least partially on the same side as the mounting opening ), the at least one control configured to one or more of set a fluid pressure output from the fluid sprayer, prime the pump, and power the fluid sprayer [0024]. But fails to disclose that the electric pump includes an electric motor and a piston pump. Hines et al. teaches an electric sprayer that includes an electric motor and a piston pump [0013]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use an electric motor and a piston pump of, similar to that of Hines et al. in the sprayer of Wu, in order to have increased efficiency. Regarding claim 3, the at least one control is a switch configured to power the fluid sprayer on and off [0024]. Regarding claim 7, wherein the longitudinal end is a front end of the sprayer body (fig 4). Regarding claim 12, wherein the battery is disposed laterally between a first leg of the at least two legs and a second leg of the at least two legs (fig 3, 4). Regarding claim 13, wherein the battery is disposed within an area bounded by the at least two legs (fig 3, 4). Regarding claim 15, wherein the battery is connected to the battery mount by a portion of the battery disposed in a slot of the battery mount (fig 3). Regarding claim 16, wherein: the battery is slidably mountable to the battery mount through the mounting opening (fig 3, 4); and the battery does not slide towards a front of the fluid sprayer during dismounting and does not slide towards the pump during dismounting (fig 3, 4, the battery is fully capable of being slid in and out through the side opening). Regarding claim 17, wherein the battery projects through a lower opening of the battery mount with the battery mounted to the battery mount (fig 3, 4). Regarding claim 19, wherein the battery hangs from the battery mount such that a bottom side of the battery is exposed during spray operation of the fluid sprayer (fig 3, 4). Claim(s) 2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (2007/0278326) as modified by Hines et al. (2015/0217312) above, further in view of Cyphers (5,769,321) Regarding claim 2, the above combination shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the at least one control is a pressure control configured to set the fluid pressure. Cyphers teaches a fluid pressure control knob (26) Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a pressure control knob to the control of Wu as modified above, in order to be able to set the pump pressure. Regarding claim 4, the above combination shows all aspects of the applicant’s invention as in claim 1, but fails to disclose the at least one control further includes a priming valve. Cyphers teaches a priming valve (28). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to priming valve to the control of Wu as modified above, in order to be able to prime the pump. Regarding claim 5, in the above combination where the primer vale and the pressure knob are added, the at least one control includes a pressure control (26 Cyphers) configured to set the fluid pressure, a switch configured to power the fluid sprayer on and off (Wu [0024]), and a priming valve (cyphers 28). Regarding claim 6, the above combination teaches a control assembly mounted to the first lateral side of the sprayer body (Wu, 13 is mounted to the side of 10 by screws in fig 4), the control assembly fluidly connected to the piston pump to receive fluid output by the piston pump (the pressure knob of Cyphers is fluidly connected to the pump), wherein the control assembly includes a pressure control (26 Cyphers) configured to set the fluid pressure and includes a priming valve (28 Cyphers). Allowable Subject Matter Claims 11 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 11 is allowable due to the center of gravity limitations. Claim 14 is allowable due to the curved leg structure. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm. 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, Arthur 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JASON J BOECKMANN/ Primary Examiner, Art Unit 3752 7/14/2026
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Prosecution Timeline

Nov 21, 2024
Application Filed
Jul 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
49%
Grant Probability
78%
With Interview (+28.7%)
3y 7m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 997 resolved cases by this examiner. Grant probability derived from career allowance rate.

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