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 Objections
Claim 16 is objected to because there is no period at the end.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 4-6 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 4 and 16 recite the first and second panels/portions as repositionable about a central point, which is only discussed as a part of the embodiment of Fig. 4. It would be impossible to tell how the first portion (403) and the second portion (405) can angularly reposition about the central point (401), as shown in Fig. 4, while the portions are attached to the handle (112) in Fig. 1.
Claims 5 and 6 are rejected for being dependent on claim 4.
Claims 14 and 20 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.
Claims 14 and 20 include a grip area for holding the spackle applicator or tool, which is impossible because the grip area is a part of the spackle applicator or tool (See the first line of each claim).
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 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gill (US 2014/0294480).
As to claim 20, Gill includes a tool for applying a finishing material to a wall, the tool comprising:
an angled member comprising a top surface, a bottom surface, a top edge, a bottom edge, a pair of side edges, a first portion (The first element 15) and a second portion (The second element 15), wherein each of the first and second portions are repositionable with respect to one another (para 79);
a housing (11) mounted on the top surface of the angled member (para 55), wherein the housing comprises an interior space (12, 19) forming a chamber for holding a finishing material (The cavity is capable of holding a finishing material), and a grip area (17) for holding the tool (Fig. 2 and para 58); and at least one opening (16) in the angled member that is in fluid communication with the interior space of the housing (Fig. 6, and para 55 and 59), wherein the at least one opening is adjustable to change a diameter of the at least one opening (The diameter [width of a straight line passing from side to side through the center of the opening] of the opening is changeable based on a face 14, which includes outlet 13, being either flush or not relative to the surface at “25”; Fig. 3 and 4).
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.
Claims 1-9, 12-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gill (US 2014/0294480) in view of Daigle (US 2007/0206985).
As to claim 1, Gill includes a surface finishing tool (Fig. 2) comprising:
an angled member having a first panel (The first element 15), a second panel (The second element 15), a top surface, a bottom surface, a top edge, a bottom edge and a pair of side edges;
a housing (11) disposed on the angled member (para 55), wherein the housing is comprised of an interior space (12, 19) forming a cavity (para 59), and a material is displaced through the interior space (para 68).
Gill does not include a surface finishing tool comprising a plunger provided in the interior space and movable within the interior space to displace the material.
Daigle includes a surface finishing tool comprising a plunger (11) provided in an interior space (The space within 12) and movable within the interior space to displace a material (Fig. 1 and para 25).
It would have been obvious to modify Gill to have a plunger provided in the interior space and movable within the interior space to displace the material, as taught by Daigle, in order to more efficiently pump material at the surface.
As to claim 2, wherein the housing is positioned centrally (in the exact middle) on the angled member (Fig. 6).
As to claim 3, wherein the angled member has at least one opening (16) in the bottom surface (Fig. 6 and para 55).
As to claim 4, wherein the first and second panels are repositionable (pivotable) about a central point (25) [para 79].
As to claim 5, wherein the first and second panels are angularly repositionable about the central point at an angle of between 1 and 179 degrees (Angle between 100 and 160 degrees; para 79).
As to claim 6, wherein the angle is between 30 and 150 degrees (Angle between 100 and 160 degrees; para 79).
As to claim 7, wherein the angled member comprises at least one opening (16) that is in fluid communication with the cavity (Fig. 6, and para 55 and 59).
As to claim 8, wherein the at least one opening is adjustable (The width of the opening is changeable based on a face 14, which includes outlet 13, being either flush or not relative to the surface at “25”; Fig. 3 and 4).
As to claim 9, wherein the housing further comprises a grip area (17) or a handle (Fig. 2 and para 58).
As to claim 12, wherein the material is one of a spackle, a caulk, a sealant, a paint, a joint compound, an adhesive, a finishing or texturing material or a combination thereof (The material is a joint compound; para 10).
As to claim 13, Gill includes a spackle applicator comprising:
a plate comprising a first portion (The first element 15) and a second portion (The second element 15) that are connected at a center point (25) [para 79];
a housing (11) positioned on the plate (para 55) and comprising an interior space (12, 19) forming a cavity (para 59) for holding a spackle (The cavity is capable of holding spackle);
at least one opening (16) in the plate that is in fluid communication with the interior space (Fig. 6, and para 55 and 59).
Gill does not include a push top disposed within the housing and for moving in the interior space and displacing the spackle.
Daigle includes a surface finishing tool comprising a push top (11) disposed within the housing and for moving in an interior space (The space within 12) and displacing the spackle (Fig. 1 and para 25).
It would have been obvious to modify Gill to have a push top disposed within the housing and for moving in the interior space and displacing the spackle, as taught by Daigle, in order to more efficiently pump material at the surface.
As to claim 14, wherein the housing comprises a grip area (17) for holding the spackle applicator (Fig. 2 and para 58).
As to claim 15, wherein the plate is comprised of a top surface, a bottom surface, a top edge, a bottom edge and a pair of side edges, and further wherein the housing is provided on the top surface and the at least one opening is provided on the bottom surface (Fig. 6 and para 55).
As to claim 16, wherein the first and second portions are angularly repositionable about the center point at an angle of between 1 and 179 degrees (Angle between 100 and 160 degrees; para 79).
As to claim 19, wherein the at least one opening is adjustable to change a diameter of the at least one opening (The diameter [width of a straight line passing from side to side through the center of the opening] of the opening is changeable based on a face 14, which includes outlet 13, being either flush or not relative to the surface at “25”; Fig. 3 and 4).
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gill (US 2014/0294480) in view of Daigle (US 2007/0206985), and further in view of Kalbach (US 2007/0061989).
As to claims 10 and 18, Gill does not include wherein the angled member further comprises a leveling aid.
Kalbach includes a surface finishing tool (capable of handling spackle) comprising a leveling aid (106) [para 9 and Fig. 1].
It would have been obvious to modify Gill to have a leveling aid attached to one element, as taught by Kalbach, in order permit more precise work.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gill (US 2014/0294480) in view of Daigle (US 2007/0206985), and further in view of Liberman (US 5,792,489).
As to claim 11, Gill includes wherein the angled member further comprises a guide (26) [para 74 and Fig. 2].
Gill does not include wherein the angled member further comprises a squeegee that is positioned along the bottom edge.
Liberman includes a surface finishing tool comprising an angled member (22, 24) further comprising a squeegee (60) that is positioned along the bottom edge (Fig. 7 and column 5, lines 39-42).
It would have been obvious to modify the angled member of Gill to have a squeegee that is positioned along the bottom edge, as taught by Liberman, in order to permit smooth and even application of the material to the first and second panels simultaneously (column 6, lines 25-30).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Gill (US 2014/0294480) in view of Daigle (US 2007/0206985), and further in view of Yu (US 8,308,389).
As to claim 17, Gill does not include wherein the first and second portions (of the plate) are interchangeable.
Yu includes a surface finishing tool comprising an interchangeable plate (103) [column 4, lines 9-11 and Fig. 1C].
It would have been obvious to modify Gill so that the first and second portions (of the plate) are interchangeable, as taught by Yu, in order to allow one to choose the desired plate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached on (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723