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 .
The Applicant’s amendment filed on October 22, 2025 was received. Claim 1 was amended and claims 14-15 were cancelled.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office action issued October 7, 2024.
Claim Rejections - 35 USC § 112
The previous 112(a) rejections of claims 1, 5-8, 10 and 14-16 are withdrawn because Applicant removed the new matter relating to the axis of the pivot and rotate system being collinear with a longitudinal axis of the carrier.
However, claims 1, 5-8, 10, 16 and 18 are yet again rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement because the limitation “an adjustable fastener configured to raise and lower the fluid applicator relative to the substrate” remains new matter, not supported anywhere in the disclosure or drawings as filed. The phrase “adjustable fastener” does not appear in the specification, and figure 46 which is the only drawing showing the “depth adjustment mechanism (614)” does not clearly point to any one feature, and even if the fastener on the top surface of the applicator is what is being pointed to, that fastener is described in the discussion of figure 45 as being part of the pivot and rotate system and not related to any depth adjustment. Therefore, this limitation is clearly new matter.
Claim Rejections - 35 USC § 103
The claim rejection(s) under 35 U.S.C. 103 as unpatentable over Jannssen (US 4,566,816) in view of Giacomelli (US 5,836,040) and Wilson et al. (US 2013/0056020) on claims 1, 5-8, 10, 14 and 16 are withdrawn because Applicant amended claim 1 to include subject matter previously found in claim 15 which required an additional reference.
Claims 1, 5-8, 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jannssen in view of Giacomelli, Wilson et al. and Meyers (US 7,396,187).
Regarding claim 1: Janssen discloses a fluid application system having a pressure fed paint roller (10) with a handle (34) which is a carrier, a roller (14) which is a fluid applicator that applies paint from a pressurized paint source (25) to a substrate (col. 3 lines 51+, col. 4 lines 1-10, figure 1). Janssen fails to explicitly disclose the claimed pivot and rotate system having the links and post enabling the claimed pivoting and rotational movement.
However, Giacomelli discloses a similar fluid application tool which includes a pivot and rotate system that has a metal block (4) which is a first link having an L shaped edge with vertical and horizontal surfaces, the block (4) being rotatably connected to the applicator spatula (6) by way of an idle rotating pin (5) capable of 360 degree rotation which is a post extending vertically from the top of the applicator (6), a pair of brackets (2) which is a second link having a rounded rectangular shape which is pivotably connected to the handle (1), the pin (5) and block (4) forming a first rotate point and the block (4) and brackets (2) forming a second pivot point at a pin (3), the angle between the block (4) and brackets (2) being adjustable through the pivoting motion, where the brackets (2) form a single link having a central longitudinal axis which is parallel to that of the handle (1) (col. 2 lines 8-31, figure 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use a pivot and rotate arrangement similar to that of Giacomelli in the system of Janssen because Giacomelli teaches that this arrangement significantly reduces the effort required to apply the material on the part of the operator (col. 1 lines 7-41).
Janssen and Giacomelli fail to explicitly disclose a mixing portion receiving a first part or a second part of the fluid with a vee manifold and mixing and/or applying it to the applicator. However, Wilson et al. discloses a similar applicator that includes two removable reservoirs (136, 138) that supply two parts of a fluid to a vee shaped manifold (150) such that it is a removably attached mixing portion that receives both parts of the composition and mixes them (par. 52, figure 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use a two-part liquid with a mixing portion as taught by Wilson et al. in the system of Janssen because use of a known technique to improve a similar device is not considered to be a patentable advance (MPEP 2143).
Janssen, Giacomelli and Wilson et al. fail to explicitly disclose an adjustable fastener configured to raise and lower the fluid applicator relative to the substrate. However, Meyers discloses a similar fluid application tool which is provided with a nut (32) on the upper portion (30) of the handle which is adjustable in order to adjust the length of the device (10) and therefore raise or lower the applicator relative to the substrate (col. 4 lines 51+, figure 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use a similar adjustable nut as taught by Meyers for the apparatus of Janssen, Giacomelli and Wilson et al. because making an element adjustable is not considered to be a patentable advance (MPEP 2144.04).
Regarding claim 5: Janssen discloses that the paint roller cover (14) has a contoured body with a removable contoured fiber material which receives the fluid through a manifold assembly (22) (col. 3 lines 51+, col. 4 lines 1-10, figures 1-2).
Regarding claim 6: Janssen discloses that the roller is removably attachable to and from the frame assembly (14) and has multiple contoured body portions, including the surface of the roller cover (14) itself and the end caps (16) (col. 4 lines 11-28, figure 2).
Regarding claims 7-8: Janssen discloses a manifold assembly (22) which is a fluid dispensing portion removably attached to the frame (12) and handle (34) (figure 2), the assembly (22) having multiple sections each including a plurality of openings (28) such that it can be considered a first and second section with first and second openings (28) for each section, where some of the discharge openings are spaced apart at shorter distance spacings than others and some have different diameters than others (col. 6 lines 6-62, figures 2, 6-7, 9).
Regarding claim 10: Janssen, Giacomelli and Wilson et al. teach the combined device above in which the mixed fluid is applied to a plurality of small openings (28), which can be considered tips (see Janssen figures 6-7).
Regarding claim 16: Janssen and Giacomelli disclose that the block (4) and the brackets (2) are pivotably connected via a pin (3) which is a pivot fastener including a wing nut (3a) (Giacomelli col. 2 lines 16-22, figure 1).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jannssen in view of Giacomelli, Wilson et al. and Meyers as applied to claims 1, 5-8, 10 and 16 above and further in view of Burns (US 2013/0269806).
Regarding claim 18: Janssen, Giacomelli, Wilson et al. and Meyers disclose the above combined device but fail to explicitly disclose that the components being mixed are two parts of a two part adhesive which cure upon mixing to form a third homogenous chemical substance. However, Burns discloses a similar two-part liquid dispensing manifold which supplies two components of a two-part adhesive from two separate apertures (40, 42) to an outlet opening (38) or mixing tip (92) which is an exit portion such that a first substance such as polyurethane polymer and an isocyanate and a second substance such as polyol and polypropylene glycol mix at the outlet (38) or mixing tip and thereafter harden or cure to become a third homogeneous substance (pars. 9, 39-40, 45, 52, figures 1-6). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the vee manifold for mixing the substances as taught by Burns for the apparatus of Janssen, Giacomelli, Wilson et al. and Meyers because Burns teaches that this arrangement helps prevent difficult-to-remove clogs of hardened adhesive mixture (pars. 9-13, 52) and Giacomelli teaches that one of the uses of the apparatus is for adhesive application (col. 1 lines 7-14) such that the combined device would benefit from enhanced adhesive application abilities.
Response to Arguments
Applicant's arguments filed October 22, 2025 have been fully considered but they are not persuasive. Applicant simply presents general arguments that the amendments overcome the 112 rejections, and that the prior art does not teach the newly amended claim 1, with no further specificity.
In response:
Regarding the 112 rejections, Applicant is correct that the previous 112a and 112b rejections of claim 1 specifically were overcome by removing the new matter that was previously pointed out in claim 1, however, Applicant has failed to even address the 112a rejection of claim 15, the subject matter of which has been amended into claim 1. Nothing in the specification or drawings supports an adjustable fastener configured to raise and lower the fluid applicator relative to the substrate, and Applicant has provided no argument about this rejection, nor even mentioned its existence in the previous Office Action. This limitation added to claim 1 renders all of the claims as failing to comply with 112a for new matter.
Regarding the prior art, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Because of the lack of specificity of these arguments, it is difficult to provide an adequate response. The new limitations regarding the shapes of the links are extremely broad, enough so that Giacomelli can still easily read on them. The addition of subject matter from claims 15 and 17 merely requires the previously cited references which read on those limitations to be added to the 103 rejections. No attempt has been made by the Applicant to argue about this subject matter, or point out how the references do not read on these limitations. Therefore, Applicant’s arguments are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.A.K/
Stephen KittExaminer, Art Unit 1717
12/11/2025
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717