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 .
Priority
Applicant states that this application is a continuation or divisional application of the prior-filed application. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains matter not disclosed in the prior-filed application.
Election/Restrictions
Applicant's election with traverse of Species 1, drawn to claims 1-24 and 26-27, in the reply filed on 7/21/2026 is acknowledged. The traversal is on the ground(s) that claims 2-27 are dependent to claim 1. This is not found persuasive because the distinct species are determined based on the features presented in the disclosure and has no bearing on the claim dependencies.
The requirement is still deemed proper and is therefore made FINAL.
Claim 25 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Examiner further withdraws claims 18, 19, 24, 26, and 27 because they are not directed to the elected embodiment.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “402” and “410” has been used to designate differing parts in figs. 4A and 4B. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 9, 12, 17, and 23 are 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.
Claim 9 recites the limitation "the time and duration". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships pertain to the sacrificial metal piece with respect to the fluid delivery device. Where is the metal piece mounted? Is this metal piece equivalent to the sensor? The “ongoing corrosion” is linked to what structure/element? How does the state of the metal piece reveal the condition of the other structure/element?
Claim 17 is unclear. What structure is this referring to? How are the “settings” being changed?
Claim 23 is not clear what the expulsion energy source is limited to.
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.
Claim(s) 1-10, 13, 16, and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gibson et al. (US 11,199,293 B2). Gibson discloses a fluid delivery device (fig. 3), comprising:
Re claim 1, a pod (306,314) comprising a reservoir containing a fluid (314 is a lubricant reservoir); an outlet (316) to the reservoir; and, an expulsion energy source (302,312) to actuate the pod such that the fluid is output from the pod through the outlet towards an application area (104).
Re claim 2, wherein the fluid is at least one of a lubrication fluid, an anti-corrosion fluid, a protective fluid, a hydrating fluid, and a thermo-protective fluid (spec describes 314 is a reservoir for holding lubricant).
Re claim 3, wherein the expulsion energy source is at least one of pressurized gas, piezo-electric, electric pump, self-contained gas piston and gravity (the expulsion energy source is construed as an electric pump because it is powered by a battery 310).
Re claim 4, further comprising at least one processor (322) configured to control at least some operations of the fluid delivery device.
Re claim 5, further comprising at least one sensor (330) configured to sense at least one condition in the application area (col 6 ln 7-14) and in operative communication with the at least one processor (fig. 3).
Re clam 6, wherein the at least one sensor is at least one of a laser, an optical sensor, electrical conductivity sensor, a sound sensor, a humidity sensor, and a temperature sensor (col 6 ln 7-14).
Re claim 7, wherein the at least one sensor, the at least one processor and the fluid which is output as a result of pod actuation comprise a feedback loop (col 6 ln 7-17).
Re claim 8, wherein the processor is in operative communication with the expulsion energy source to automatically actuate the pod to output fluid based on the sensed at least one condition (col 8 ln 61 - col 9 ln 8).
Re claim 9, wherein at least one of the timing and duration of expulsion energy source actuation is pre-programmed and/or programmable (col 6 ln 65 - col 7 ln 5).
Re claim 10, wherein at least one of the processor and the at least one sensor is a component of a control portion (fig. 3 shows 322 linked by dashed lines to 330 via 325) configured to control operation of the fluid delivery device (fig. 3).
Re claim 13, further comprising a nozzle (col 5 ln 5-7: nozzles) at the outlet configured to direct the fluid output from the reservoir towards the application area.
Re claim 16, further comprising a hose (col 5 ln 5-7: conduits), fixed length or extendable, at the outlet configured to direct the fluid output from the reservoir towards the application area (fig. 3).
Re claim 20, further comprising at least one of a display (324), a button, a power switch, a reservoir fill level indicator (col 8 ln 53-60), a battery status indicator, an external connector, and location detection.
Re claim 21, wherein the reservoir fill level indicator is configured to receive data comprising spray duration for each activation and time since reservoir refill (col 8 ln 53-60).
Re claim 22, further comprising a communications module (325) to enable at least one of remote control and monitoring of the device.
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gibson et al. (US 11,199,293 B2) in view of Poster (US 2012/0227820 A1). Gibson discloses the fluid delivery device (as cited above). Gibson does not disclose:
Re claim 11, further comprising at least one heating element configured to heat the fluid in the reservoir.
However, Poster teaches a fluid delivery device (fig. 4):
Re claim 11, further comprising at least one heating element (423) configured to heat the fluid in the reservoir (417).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a heating element, as taught by Poster, to modify the viscosity of the oil to improve efficiency.
Claim(s) 14, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gibson et al. (US 11,199,293 B2) in view of Hartmann et al. (US 2019/0271316 A1). Gibson discloses the fluid delivery device (as cited above). Gibson does not disclose:
Re claim 14, wherein the nozzle is configured with a plurality of small orifices to atomize the fluid output from the reservoir.
Re claim 15, wherein the nozzle has multiple orifices for spraying fluids in different directions to different locations in the application area.
Re claim 17, wherein has at least one of adjustable flow, vibration and traverse settings.
However, Hartmann teaches a fluid delivery device (fig. 3):
Re claim 14, wherein the nozzle (106) is configured with a plurality of small orifices (124) to atomize the fluid output from the reservoir (par [0020]).
Re claim 15, wherein the nozzle has multiple orifices (124) for spraying fluids in different directions to different locations in the application area.
Re claim 17, wherein has at least one of adjustable flow, vibration and traverse settings (par [0020] last four lines).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ small orifices, as taught by Hartmann, to promote an even distribution and coating of the oil.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gibson et al. (US 11,199,293 B2) in view of Dokonal (US 5,069,177). Gibson discloses the fluid delivery device (as cited above). Gibson does not disclose:
Re claim 23, wherein the expulsion energy source is a pressurized gas and further comprising a pressurized gas canister a membrane type, a pressurized gas powered canister or a bladder type, pressurized gas powered canister.
However, Dokonal teaches a fluid delivery device (fig. 3):
Re claim 23, wherein the expulsion energy source is a pressurized gas (18) and further comprising a pressurized gas canister (11) a membrane type, a pressurized gas powered canister or a bladder type, pressurized gas powered canister.
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ pressurized gas, as taught by Dokonal, to bias the oil towards the outlet for quicker dispensing.
Conclusion
The cited prior art(s) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571) 270-3014. The examiner can normally be reached M-F 8-4 pm.
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, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Minh Truong/Primary Examiner, Art Unit 3654
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