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 § 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) 1-3, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Landis (US-3317087-A).
Landis discloses:
1. A paint container adapter (12), comprising: a cylindrical outer rim (17) and a continuous inner ledge (19), the continuous inner ledge protruding inwardly towards a center of the paint container adapter from the cylindrical outer rim (Fig. 3) to define a lower section of the paint container adapter and an upper section of the paint container adapter (Fig. 4), wherein the lower section of the paint container adapter is configured to fit over a periphery of an open upper end of a lower paint container that faces upwardly, and the upper section of the paint container adapter is configured to fit under a periphery of an open end of an upper paint container that is inverted to face downwardly (col. 1, lines 55-71); wherein the upper section of the paint container adapter comprises a first continuous flat surface (upper surface of 20) for an entire length and an entire circumference of the upper section (Figs. 3, 4) that is configured to abut an outer surface of the upper paint container (the structure is capable of this use based on the container), and the lower section of the paint container adapter comprises a second continuous flat surface (lower surface of 21) for an entire length and an entire circumference of the lower section (Figs. 3, 4) that is configured to abut an outer surface of the lower paint container (the structure is capable of this use based on the container); and wherein the paint container adapter, the lower paint container, and the upper paint container define an interior space configured to store a paint applicator (the structure of 20, 21 and 18 allows for this), and the paint container adapter is configured to seal the periphery of the open upper end of the lower paint container and the periphery of the open end of the upper paint container to inhibit escape of any vapor within the interior space (col. 1, ll. 55 – col. 2, ll. 34).
2. The paint container adapter of claim 1, wherein the paint container adapter comprises a circular cylindrical ring (Fig. 3).
3. The paint container adapter of claim 1, wherein the paint container adapter comprises a circular cylindrical rim and an annular inner ledge (Fig 3).
9. The paint container adapter of claim 1, wherein the paint applicator comprises a paint roller (the applicator is drawn to the use of the adapter and the adaptor is still capable of this intended use).
10. The paint container adapter of claim 1, wherein the lower section of the paint container adapter is configured to fit over a bead that extends around the periphery of the open upper end of the lower paint container, and the upper section of the paint container adapter is configured to fit under a bead that extends around the periphery of the open end of the upper paint container (col. 1, ll. 55 – col. 2, ll. 34).
Response to Arguments
Applicant's arguments filed 2/20/2026 have been fully considered but they are not persuasive.
Regrading applicant’s argument that Landis teaches angled surfaces and not flat surfaces, it is noted that an angled surface can also be flat, The surfaces of Landis are free from protrusions and therefore they are flat. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that Landis does not teach the same claimed use, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The structure of Landis is capable of operating in the claimed manner and therefore is configured in the same way currently claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/ Primary Examiner, Art Unit 3733
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