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 .
Status of Claims
Currently claims 1-21 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “near” in claim 11 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation “the sensor is disposed underneath the outer housing at a location near a neck of the sprayer” been rendered indefinite by use of the term near, as it is unclear how far/close the sensor must be in relationship to the neck to be considered “near.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 10-12, 15, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Field (U.S. 2010/0089419).
With respect to claim 10, Field discloses a household sprayer (figure 1), comprising: a liquid reservoir (22) configured to store a liquid(figure 1, fluid within 22);
a nozzle (nozzle of 36) in fluid communication with the liquid reservoir, wherein the nozzle is configured to spray liquid (as shown at 12);
a nozzle actuator (as 36 can change to different settings, paragraph 0019, what causes the change being understood as the nozzle actuator) configured to control the spray profile of liquid exiting the nozzle paragraph 0019);
a pump (34) in fluid communication with the nozzle and the liquid reservoir (see figure 1), wherein the pump is configured to cause liquid to flow from the liquid reservoir to the nozzle (see figure 1);
a battery (44) electrically connected to the pump (see figure 1), wherein the battery is configured to provide power to the pump (See figure 1); an outer housing enclosing the liquid reservoir (outer housing of 10), the pump, and the battery; and
a sensor (40) disposed beneath the outer housing (see figure 1), wherein activating the sensor causes the pump to activate (paragraph 0018), thereby causing liquid to spray from the nozzle (paragraph 0018).
With respect to claim 11, Field discloses the sensor is disposed underneath the outer housing at a location near a neck of the sprayer (figure 1, shows the sensor near the neck of the sprayer, such that it is in the neck of the sprayer).
With respect to claim 12, Field discloses wherein the sensor is configured to activate when a user contacts the neck of the outer housing or applies a pressure to the neck of the outer housing (paragraph 0019) .
With respect to claim 21, Field discloses the neck in the outer housing is configured to form a grasping portion (as the user can grasp the neck potion and then depresses the actuator 38).
Claim(s) 1-12 and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Booth (U.S. 2020/0024759).
With respect to claim 1, Booth discloses a household sprayer (figure 3b), comprising:
a liquid reservoir ( 144a) configured to store a liquid (within 144), the reservoir comprising a top end and a bottom end (top and bottom of 144a); a nozzle (148) in fluid communication with the liquid reservoir, wherein the nozzle is configured to spray liquid (42);
a nozzle actuator (166) configured to control the spray profile of liquid exiting the nozzle (as it actuates the spray that then leaves the nozzle);
a pump (146) in fluid communication with the nozzle and the liquid reservoir (see figure 3b), wherein the pump is configured to cause liquid to flow from the liquid reservoir to the nozzle (see figure 3b);
a battery (162) comprising a top end and a bottom end (top and bottom of the batteries at 162), the battery being electrically connected to the pump (paragraph 0092), wherein the battery is configured to provide power to the pump (paragraph 0092); and
an outer housing enclosing the liquid reservoir, the pump, and the battery (being the outer housing shown in figure 3b, 140/150/152);
wherein the top end of the battery is below the top end of the reservoir (shown in figure 3b).
With respect to claim 10, Booth discloses a household sprayer (figure 3b), comprising:
a liquid reservoir ( 144a) configured to store a liquid (within 144);
a nozzle (148) in fluid communication with the liquid reservoir, wherein the nozzle is configured to spray liquid (42);
a nozzle actuator (166) configured to control the spray profile of liquid exiting the nozzle (as it actuates the spray that then leaves the nozzle);
a pump (146) in fluid communication with the nozzle and the liquid reservoir (see figure 3b), wherein the pump is configured to cause liquid to flow from the liquid reservoir to the nozzle (see figure 3b);
a battery (162) being electrically connected to the pump (paragraph 0092), wherein the battery is configured to provide power to the pump (paragraph 0092); and
an outer housing enclosing the liquid reservoir, the pump, and the battery (being the outer housing shown in figure 3b, 140/150/152);
a sensor (164, being a contact switch) disposed beneath the outer housing (see figure 3b), wherein activating the sensor causes the pump to activate (paragraph 0092), thereby causing liquid to spray from the nozzle (paragraph 0092).
With respect to claim 2, Booth discloses a neck (part of 140 about 146) in the outer housing configured to form a grasping portion (the grasping portion a user holds).
With respect to claim 3, Booth discloses components of the sprayer are positioned and arranged such that a single imaginary vertical line can intersect each of the liquid reservoir, the pump, and an interior of the grasping portion (shown in figure 3b, where the battery, tank 144a and area within 140 exist along a straight vertical line).
With respect to claim 4, Booth discloses below the grasping portion the outer housing tapers outwardly from top to bottom (shown in figure 3b).
With respect to claim 5, Booth discloses the largest cross-sectional area of the housing is positioned at the bottom of the housing (as shown in figure 3b).
With respect to claim 6, Booth discloses a sensor (164) configured to actuate the spraying of liquid when actuated, the sensor being positioned entirely behind the housing, such that the sensor is not visible from outside of the housing (paragraph 0092).
With respect to claim 7, Booth discloses the battery is positioned in a bottom half of the sprayer (see figure 3b).
With respect to claim 8, Booth discloses the battery is positioned at a bottom end of the sprayer (see figure 3b).
With respect to claim 9, Booth discloses the motor, pump, and reservoir are located within a single integral, continuous outer housing (as the housings of 140, 150, and 152, when assembled form a single integral continuous outer housing).
With respect to claim 11, Booth discloses the sensor is disposed underneath the outer housing at a location near a neck of the sprayer (figure 3b, shows the sensor near the neck of the sprayer, such that it is in the neck of the sprayer).
With respect to claim 12, Booth discloses wherein the sensor is configured to activate when a user contacts the neck of the outer housing or applies a pressure to the neck of the outer housing (paragraph 0092) .
With respect to claim 18, Booth discloses the battery is connected to a base of the sprayer (see figure 3b).
With respect to claim 19, Booth discloses the liquid reservoir is molded such that the battery is partially enclosed by the liquid reservoir (figure 3b, such that the liquid reservoir encloses a top portion of where the batteries are located, being molded paragraph 0094).
With respect to claim 20, Booth discloses the battery is connected to the base of the sprayer at a central location of the base (see figure 3b, being located at the middle of the base).
With respect to claim 21, Booth discloses the neck in the outer housing is configured to form a grasping portion (shown in figure 3b, as the user grasps where the 166 is and the noted neck portion)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Booth in view of Rosa (U.S. 2012/0160874).
With respect to claims 13-14, Booth discloses the sensor but fails to disclose the sensor comprises a spring and a metal plate, wherein the spring is disposed between the outer housing and the metal plate wherein contacting the outer housing causes the spring to contact the metal plate, thereby causing the sensor to activate.
Rosa, figure 1, discloses a spring 35 along with a button and a terminal 37 (being understood as a plate) and a spindle 33, sch that the switch (being a push button) is pressed it connects the two terminals together and allows the pump to be powered by connecting a power supply circuit, paragraph 0082).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the spring/plate/spindle as disclosed by Rosa as the switch in Booth, doing so would allow the switch in Booth to function as it is understood functioning, being a pressed ins switch/button by the actuator allowing for a circuit to be completed. Utilizing such known elements of a switch as that in Booth would allow it to function as intended and using such a spring specifically allows for the circuit to break when no pressure is being applied to the actuating element/button.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Booth in view of Foster (U.S. 7,780,098).
With respect to claims 15 and 16, Booth discloses the nozzle actuator, but fails to disclose the nozzle actuator controls the spray profile of the liquid exiting the nozzle by restricting the flow of liquid to the nozzle, the nozzle actuator is able to rotate less than or equal to about 45° between two positions.
Foster, figure 1, discloses nozzle actuator that is the face of a nozzle itself that allows rotation of the nozzle to change the spray profile as desired. Allowing the nozzle cap itself to have different spray patterns as well as an off position (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a nozzle actuator such as Foster in the system of Booth as their nozzle, allowing for different spray positions/patterns as well as an off setting when desired. Further noting that Foster discloses a less then 45 degrees turn between the two positions, as an off position resides at 22.5 degrees between the horizontal and vertical spray.
With respect to claim 17, Booth discloses the nozzle actuator, but fails to disclose, the nozzle actuator comprises a multi-start thread, wherein the multi-start thread is configured to allow the nozzle to produce a least restrictive spray profile when the nozzle actuator is in a first position and a most restrictive spray profile when the nozzle actuator is in a second position.
Foster, figure 1, discloses nozzle actuator that is the face of a nozzle itself that allows rotation of the nozzle to change the spray profile as desired. Allowing the nozzle cap itself to have different spray patterns as well as an off position (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a nozzle actuator such as Foster in the system of Booth as their nozzle, allowing for different spray positions/patterns as well as an off position when desired. Such restrictive spray profile can be understood as off, or restrictive in a vertical/horizontal direction. Wherein the “multi-start thread” is being understood as the single thread within the housing of Foster that the nozzle then rotates about.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST.
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/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
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