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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second rod pivotably attached to the upper end of the first rod (claim 6, claim 9 and claim 16) must be shown or the feature canceled from the claims. No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: “118” (see Fig. 1 and Fig. 4) and “9” (see Fig. 2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 Objections
Claim 10 recites “a motor attached to the housing and positioned in the interior space, the drive shaft of the motor extending from the housing” in lines 5-6 and it is recommended to change this to “a motor attached to the housing and positioned in the interior space, the drive shaft extending from and from the housing” to clarify that the drive shaft is the same drive shaft previously recited in claim 9 from which claim 10 depends.
Likewise, claim 16 recites “a motor attached to the housing and positioned in the interior space, the drive shaft of the motor extending from the housing” in lines 55-56 and it is recommended to change this to “a motor attached to the housing and positioned in the interior space, the drive shaft extending from and from the housing” to clarify that the drive shaft is the same drive shaft previously recited in the claim.
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 is 16 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 16 recites “an arm attached to and extending from a lower facet of the housing distal from the drive shaft, the arm being substantially parallel to the drive shaft, such that the arm is selectively insertable into the shell as the rotary tool is attached to the second rod, positioning the arm for preventing rotation of the rotary tool relative to the container as the paint is being mixed” in lines 80-85 (the last five lines of the claim). This limitation recites features of the rotary tool (including the drive shaft and the rotary tool itself) and the rotary tool is an optional limitation (per line 37 of the claim “one or both of:”). It’s unclear what if any of the above features of the arm are required features of the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), and D’Epenoux et al. (US 20220105745).
Regarding claim 1, Thomas discloses a painting supplies storage device (for paint, tools, brushes, and other listed items, Abstract) comprising: a container (bucket 120) having an open top, wherein the container is configured for addition of an open can of paint through the open top (securely holds a paint can, Abstract); a shell (cavity 196) attached to the container and extending from proximate to the bottom to proximate to the open top (Fig. 5) of the container, an upper facet of the shell being open, wherein the shell is configured for stowage of one or more painting tools (Fig. 3) as shown below:
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Thomas does not disclose a lid, rod or paddles.
However, Walls teaches a device (paint mixer 10) for mixing the contents of a paint can and Walls teaches the device includes a lid (lid 118) with a hole axially positioned in the lid and selectively attachable to a paint can for sealably closing the paint can (col. 6, lines 26-29) and having a first rod (shaft 26) positioned through the hole such that a lower end of the first rod (lower end 32) is positioned proximate to a bottom (Fig. 1) and an upper end of the first rod protrudes from the lid (Fig. 1), the first rod being rotationally and sealably attached to the lid (sealably in that there is little to no space for leakage between the rod and the lid, Fig. 7); a plurality of paddles (blades 30a and 30b) attached to and extending from the first rod (Fig. 1); a rotator assembly (hand crank 28) attached to the upper end of the first rod (Fig. 1) and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (Abstract) as shown below:
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Likewise, Sullivan discloses a device for mixing the contents of paint container (liner 60) having a lid (cover 28) selectively attachable to the container (container 10) for sealably closing the open top (open end 14); a hole (central opening 26) axially positioned in the lid; a first rod (shaft 20) positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container (mating with protrusion 72) and an upper end of the first rod protrudes from the lid (Fig. 11), the first rod being rotationally and sealably attached to the lid (through hole 26); a plurality of paddles (blades 22) attached to and extending from the first rod; a rotator assembly (rotative apparatus coupled at end 32, col. 2, line 23) attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (col. 1, line 12) as shown below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes a lid selectively attachable to the container for sealably closing the open top; a hole axially positioned in the lid; a first rod positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container and an upper end of the first rod protrudes from the lid, the first rod being rotationally and sealably attached to the lid; a plurality of paddles attached to and extending from the first rod; a rotator assembly attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint.
The person of ordinary skill in the art would have been motivated to include a lid, rod, and paddles to ensure the paint is mixed immediately prior to use (Walls, col. 1, lines 6-7) and to prevent splashing and spills from the paint can during mixing.
Assuming, arguendo, that the above-cited references do not disclose the first rod is sealably attached to the lid; D’Epenoux et al. discloses a device comprising a container (cup 2) with a paint container (liner 42) inserted therein and a lid (lid 8) with a rod (coupling means 19) passing through and where the rod is sealably attached to the lid (sealing members 22, Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the first rod is sealably attached to the lid.
The person of ordinary skill would have found it obvious to use a shaft seal (D’Epenoux et al., sealing members 22) in order to prevent the escape of solvent vapor during mixing.
Regarding claim 2, Thomas discloses the container is cylindrical (Fig. 1 and Fig. 2) as shown below:
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Regarding claim 4, Thomas discloses the shell is substantially cuboid (Fig. 1 and Fig. 2) as shown above for claim 2.
Regarding claim 17, Thomas discloses a method of storing painting supplies (for paint, tools, brushes, and other listed items, Abstract) comprising the steps of: providing an open can of paint (securely holds a paint can, Abstract) and one or more painting tools (col. 4, lines 1-5); providing a painting supplies storage device comprising: a container (bucket 120) having an open top (Fig. 1), wherein the container is configured for addition of the open can of paint through the open top (Abstract, Fig. 3), a shell (cavity 196) attached to the container (Fig. 1) and extending from proximate to the bottom to proximate to the open top of the container (Fig. 5), an upper facet of the shell being open (Fig. 1), wherein the shell is configured for stowage of one or more painting tools (at least drill 200, Fig. 5); adding an open can of paint to the container (Fig. 1, container is empty, Fig. 3, paint can 132 has been added to the container); inserting the one or more painting tools into the shell (Fig. 5).
Thomas does not disclose providing a lid selectively attachable to the container, a rod or paddles.
However, Walls teaches providing a device (paint mixer 10) for mixing the contents of a paint can and Walls teaches the device includes a lid (lid 118) with a hole axially positioned in the lid and selectively attachable to a paint can for sealably closing the paint can (col. 6, lines 26-29) and having a first rod (shaft 26) positioned through the hole such that a lower end of the first rod (lower end 32) is positioned proximate to a bottom (Fig. 1) and an upper end of the first rod protrudes from the lid (Fig. 1), the first rod being rotationally and sealably attached to the lid (sealably in that there is little to no space for leakage between the rod and the lid, Fig. 7); a plurality of paddles (blades 30a and 30b) attached to and extending from the first rod (Fig. 1); a rotator assembly (hand crank 28) attached to the upper end of the first rod (Fig. 1) and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (Abstract) as shown above for claim 1.
Likewise, Sullivan discloses providing a device for mixing the contents of paint container (liner 60) having a lid (cover 28) selectively attachable to the container (container 10) for sealably closing the open top (open end 14); a hole (central opening 26) axially positioned in the lid; a first rod (shaft 20) positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container (mating with protrusion 72) and an upper end of the first rod protrudes from the lid (Fig. 11), the first rod being rotationally and sealably attached to the lid (through hole 26); a plurality of paddles (blades 22) attached to and extending from the first rod; a rotator assembly (rotative apparatus coupled at end 32, col. 2, line 23) attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (col. 1, line 12) as shown above for claim 1.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the method includes providing a device which includes a lid selectively attachable to the container for sealably closing the open top; a hole axially positioned in the lid; a first rod positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container and an upper end of the first rod protrudes from the lid, the first rod being rotationally and sealably attached to the lid; a plurality of paddles attached to and extending from the first rod; a rotator assembly attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint.
The person of ordinary skill in the art would have been motivated to provide a lid, rod, and paddles to ensure the paint is mixed immediately prior to use (Walls, col. 1, lines 6-7) and to prevent splashing and spills from the paint can during mixing.
The combined teachings of the above-cited references further disclose attaching the lid to the container (Walls, Fig. 1, lid attached); and selectively rotating the first rod to mix the paint (Sullivan, col. 1, lines 40-44, col. 2, lines 23-30).
Assuming, arguendo, that the above-cited references do not disclose the first rod is sealably attached to the lid; D’Epenoux et al. discloses a device comprising a container (cup 2) with a paint container (liner 42) inserted therein and a lid (lid 8) with a rod (coupling means 19) passing through and where the rod is sealably attached to the lid (sealing members 22, Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the method includes providing the device where the first rod is sealably attached to the lid.
The person of ordinary skill would have found it obvious to use a shaft seal (D’Epenoux et al., sealing members 22) in order to prevent the escape of solvent vapor during mixing.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077) and D’Epenoux et al. (US 20220105745) as applied to claim 1 above and in further view of Bowes (US 2007154).
Regarding claim 3, Thomas does not disclose a rim attached to the container or a gasket.
However, Bowes discloses a device which is analogous art at least because it is reasonably pertinent to the problem of sealing a container (page 2, right column, lines 25-30) and Bowes teaches a rim (comprising annular bead 6 and channel 7, Fig. 3) attached to the container and extending circumferentially around the open top (Fig. 1 and Fig., 2); a channel (groove 70 extending into and circumferentially around the rim; and a gasket (annular gasket 25) attached to the lid and extending circumferentially around the lid proximate to a perimeter of the lid, such that the gasket is selectively insertable into the channel for sealably attaching the lid to the container (page 2, right column, line 30).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device further includes a rim attached to the container and extending circumferentially around the open top;
a channel extending into and circumferentially around the rim; and a gasket attached to the lid and extending circumferentially around the lid proximate to a perimeter of the lid, such that the gasket is selectively insertable into the channel for sealably attaching the lid to the container.
The person of ordinary skill in the art would have been motivated to include a rim and gasket in order to provide for a hermetic seal (Bowes, page 2, right column, line 28) to prevent the escape of solvent vapors.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077) and D’Epenoux et al. (US 20220105745) as applied to claim 1 above and in further view of Hattori et al. (US 20060176762).
Regarding claim 5, Thomas does not disclose a handle pivotally attached to the container.
However, Hattori et al. teaches a system for mixing paint (para. [0001]) having a container (container E) in which a paint container (container D, Fig. 24) is inserted for mixing (para. [0011]) and Hattori et al. further teaches a handle pivotally attached to the container (handle 32, Fig. 24), wherein the handle is configured for grasping in a hand of a user, positioning the user for lifting the container (para. [0107]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device further includes a handle pivotally attached to the container or to both of the container and the shell, wherein the handle is configured for grasping in a hand of a user, positioning the user for lifting the container and the shell.
The person of ordinary skill in the art would have found it obvious to include a handle in order to transport the device while painting.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077) and D’Epenoux et al. (US 20220105745) as applied to claim 1 above and in further view of Coe (US 1008010) and Ludwig et al. (US 20110013474).
Regarding claim 6, Thomas does not disclose a second rod or a third rod.
However, Coe discloses a paint mixing device (page 1, line 12) having a rotator assembly (crank, page 1, line 67) comprising a third rod (handle D) attached to the second rod (body C) distally from the first rod, the third rod extending substantially perpendicularly from the second rod (Fig. 3), wherein the third rod (handle D) is configured for grasping in a hand of a user, positioning the user for rotating the paddles for mixing the paint.
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas to include a third rod attached to the second rod distally from the first rod, the third rod extending substantially perpendicularly from the second rod, wherein the third rod is configured for grasping in a hand of a user, positioning the user for rotating the paddles for mixing the paint.
The person of ordinary skill in the art would have been motivated to include second and third rods in order to provide for a crank for stirring the paint.
The above cited references do not disclose wherein the second rod is pivotally attached to the upper end of the first rod.
However, Ludwig et al. teaches a mixing device (disposable mixing vessel, Abstract) which is analogous art at least because it is reasonably pertinent to the problem of stowing rotator assembly components (such as for shipping, para. [0018]) and Ludwig et al. teaches first and second shafts/rods which may fold relative to each other (sections 54, Fig. 3C, para. [0065]) such that a second rod is pivotally attached to the upper end of the first rod, such that the second rod is selectively pivotable between a stowed configuration (folded configuration, Fig. 3C) and a deployed configuration, wherein the second rod extends substantially linearly from the first rod (open configuration, para. [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the rotator assembly comprises: a second rod pivotally attached to the upper end of the first rod, such that the second rod is selectively pivotable between a stowed configuration wherein the second rod is substantially parallel with the lid, and a deployed configuration, wherein the second rod extends substantially linearly from the first rod.
The person of ordinary skill in the art would have been motivated to include a hinge between the various rod sections in order to facilitate shipping and stowing of the rods (Ludwig et al., para. [0018]).
Regarding claim 7, the combined teachings of the above-cited references for claim 6 disclose
wherein the third rod (Coe, handle D) is pivotally (Coe, at pin E) attached to the second rod (Coe, body C), such that the third rod is selectively pivotable between a stowed position (Coe, Fig. 2, page 1, right column, lines 34-37), wherein the third rod is substantially parallel with the second rod (Coe, Fig. 2), and a deployed position, wherein the third rod extends substantially perpendicularly from the second rod (Coe, Fig. 3).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Coe (US 1008010) and Ludwig et al. (US 20110013474) as applied to claim 7 above and in further view of Kroeger (US 3704007).
Regarding claim 8, in the combined teachings of the above-cited references for claim 7 the third rod is removably and pivotally attachable to the second rod (Coe, pin E could be removed to remove the third rod: handle D).
Otherwise, Kroeger teaches a paint mixing device (Abstract) wherein a third rod (crank handle 38) is removably attached to a second rod (extension 37).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the third rod is removably and pivotally (Coe, at pin E) attachable to the second rod.
The person of ordinary skill would have been motivated to make the third rod removable (Kroeger, col. 1, lines 45-57) in order to allow for the attachment of electric tool (Kroeger, col. 2, lines 9-10) to facilitate mixing.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077) and D’Epenoux et al. (US 20220105745) as applied to claim 1 above and in further view of Coe (US 1008010) and Fatherazi et al. (US 20110229963).
Regarding claim 9, Thomas does not disclose the rotator assembly comprises a second rod pivotally attached to the upper end of the first rod.
However, Coe discloses a paint mixing device (page 1, line 12) having a rotator assembly (crank, page 1, line 67) comprising a rod (handle D) which is pivotable to be substantially parallel with a lid (moving from the operating configuration perpendicular to the lid, Fig. 3, to a stowed configuration parallel with a the lid, Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein a second rod is pivotable between an operating configuration and a stowed configuration parallel with the lid.
The person of ordinary skill would have been motivated to use a pivoting rod in order to save space in a stowed configuration.
Insomuch as Coe does not disclose the second rod is directly attached to the first rod, Fatherazi et al. teaches a mixing device (stirrer, Abstract) which is analogous art at least because it is reasonably pertinent to the problem of stowing rotator assembly components (for space-saving, para. [0011]) and Fatherazi et al. teaches a second rod (first shaft 8) pivotally attached to the upper end of the first rod (second arm 2) such that the two sections may pivot relative to each around an axis (axis 11).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the rotator assembly comprises a second rod (Coe, handle D, Fatherazi et al., shaft 8) pivotally attached to the upper end of the first rod (Fatherazi et al., second arm 2), such that the second rod is selectively pivotable between a stowed configuration, wherein the second rod is substantially parallel with the lid and a deployed configuration, wherein the second rod extends substantially linearly from the first rod (Fatherazi et al., Fig. 7).
The person of ordinary skill in the art would have been motivated to use a first and second rod pivotable with each other in order to save space (Fatherazi et al., para. [0011]).
Insomuch as the above-cited references do not explicitly disclose a rotary tool, Fatherazi et al. further teaches a rotary tool (drive mechanism 14) having a drive shaft configured for selectively engaging the second rod distal from the first rod (Fig. 1) as shown below:
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Likewise, D’Epenoux et al. teaches a mixing device (Abstract) with a rotary tool (actuator 30) having a drive shaft (drive shaft with connecting sleeve 32, para. [0047], not explicitly shown for the top mounted embodiment of Fig. 5, but understood to have the same components as shown for the bottom mounted embodiment of Fig. 3) configured for selectively engaging a rod (coupling means 19) wherein the rotary tool is configured for selective actuation for rotating the paddles (mixing blades 18, Fig. 4 and Fig. 5) for mixing the paint (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes a rotary tool having a drive shaft configured for selectively engaging the second rod distal from the first rod, wherein the rotary tool is configured for selective actuation for rotating the paddles for mixing the paint.
The person of ordinary skill in the art would have been motivated to include a rotary tool in order to facilitate mixing.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Coe (US 1008010), Fatherazi et al. (US 20110229963) as applied to claim 9 above and in further view of Ohi et al. (US 20100149904) and Dubroy (US 5372422A).
Regarding claim 10, the above-cited references for claim 9 do not expressly disclose the rotary tool comprises a housing with a battery.
However, Ohi et al. discloses a rotary tool (mixing device, Abstract) for paint (para. [0003]) and Ohi et al. teaches the rotary tool comprises: a housing (housing 114) defining an interior space;
a battery attached to the housing and positioned in the interior space (onboard battery, para. [0020]);
a motor (motor 118) attached to the housing and positioned in the interior space (Fig. 5) and a switch (switch 78, para. [0027] or switch 186, para. [0044]) attached to the housing and Ohi et al. further teaches wherein a drive shaft of the motor extends from the housing (embodiment shown in Fig. 8, drive shaft/output shaft 378 extends from the housing).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the rotary tool comprises a housing defining an interior space; a battery attached to the housing and positioned in the interior space; a motor attached to the housing and positioned in the interior space, the drive shaft of the motor extending from the housing and a switch attached to the housing.
The person of ordinary skill in the art would have been motivated to provide a motor and a switch in order to facilitate mixing of the paint. The person of ordinary skill would have been motivated to include a battery in order to eliminate the need for a power cord to run the motor and thereby improve portability around a work area.
Thomas does not disclose a coupler.
However, D’Epenoux et al. who is relied upon to teach a rotary tool with a drive shaft as discussed for claim 9 above, further teaches a coupler attached to the drive shaft (sleeve 32) distal from the housing and being configured for selectively engaging a rod (D’Epenoux et al., coupling means 19 is a shaft/rod, the sleeve 32 couples the rotary tool/actuator 30 to the shaft 19 via coupling portion 20. Thus, sleeve 32 and coupling portion 20 couple the output of the rotary tool to the shaft powering the paddles/blades 18).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device/rotary tool comprises a coupler attached to the drive shaft distal from the housing and being configured for selectively engaging the second rod.
The person of ordinary skill in the art would have been motivated to include a coupler to make the motor and rods separable in order to facilitate disassembly and cleaning of the device.
Thomas does not disclose a battery, motor, or switch.
However, Ohi et al. further teaches a circuit (a control circuit, para. [0046] and charging circuit, para. [0069], where there are predetermined mixing cycles, para. [0075]) attached to the housing and positioned in the interior space, the circuit being operationally engaged to the battery, the motor, and the switch, wherein the switch is configured for being selectively switched for signaling the circuit for actuating the motor for mixing the paint (pars. [0046]), [0059], [0062], [0075]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes a control circuit attached to the housing and positioned in the interior space, the circuit being operationally engaged to the battery, the motor, and the switch, wherein the switch is configured for being selectively switched for signaling the circuit for actuating the motor for mixing the paint.
The person of ordinary skill would have been motivated to include a control circuit in order to facilitate mixing by making the device more automated.
The above cited references do not explicitly disclose a microprocessor.
However, Dubroy teaches a mixing device (automatic stirrer, Abstract) having microprocessor operationally engaged to the battery (col. 2, lines 56-57), the motor, and the switch (col. 5, lines 25-31).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of the above-cited references wherein the control circuit comprises a microprocessor wherein the microprocessor is attached to the housing and positioned in the interior space, the microprocessor being operationally engaged to the battery, the motor (Dubroy, col. 2, lines 56-57), and the switch (Dubroy, col. 5, lines 25-31), wherein the switch is configured for being selectively switched for signaling the microprocessor for actuating the motor for mixing the paint (Ohi et al., para. [0078], Dubroy, col. 5, lines 25-31).
The person of ordinary skill in the art would have been motivated to include a microprocessor in order to more effectively control the device, such by facilitating the use of predetermined mixing cycles (Ohi et al., para. [0029], Dubroy, col. 2, lines 65-67).
Regarding claim 11, the combined teaching of the above-cited references for claim 10 disclose wherein the device further includes a timer (Ohi et la., para. [0075], Dubroy, col. 5, lines 24-27). operationally engaged to the microprocessor, such that the timer enables a mixing schedule.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Coe (US 1008010), Fatherazi et al. (US 20110229963), Ohi et al. (US 20100149904) and Dubroy (US 5372422A) as applied to claim 10 above and in further view of Cheng et al. (US 20230146115).
Regarding claim 12, Thomas does not disclose a battery or a port.
However, Ohi et al. who is relied upon to teach a battery as discussed for claim 9 above, further teaches the battery is rechargeable via a port (Ohi et al., para. [0020], port is implied because the charging circuit is in the housing and is charged using a cord such that there would be a port for the cord) as does Dubroy (col. 6, lines 10-12, “in the motor and control section: implies the battery remains in the housing during charging and therefore the housing would include a port for a cord) or otherwise Cheng et al. teaches a mixing device (food processor, Abstract, with blade 22) and Cheng et al. teaches a microprocessor (para. [0039]) and a charging port (para. [0032]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device further includes the battery being rechargeable; and a port operationally engaged to the microprocessor, wherein the port is configured for selectively coupling to a plug (Cheng et al., USB, para. [0032]) of a charging cord for charging the battery. The person of ordinary skill in the art would have been motivated to include a charging port in order to facilitate charging using common cord types (Cheng et al, USB, para. [0032]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Coe (US 1008010), Fatherazi et al. (US 20110229963), D’Epenoux et al. (US 20220105745), Ohi et al. (US 20100149904) and Dubroy (US 5372422A) as applied to claim 10 above and in further view of Chen (attached translation of CN 107008179).
Regarding claim 13, Thomas does not disclose a battery.
However, Ohi et al. who is relied upon to teach a battery as discussed for claim 9 above, further teaches the battery is rechargeable (Ohi et al., para. [0020]) as does Dubroy (col. 6, lines 10-12).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes the battery being rechargeable
The person of ordinary skill in the art would have been motivated to include a rechargeable battery in order avoid changing batteries.
The above-cited references do not disclose a solar panel.
However, Chen teaches a paint mixing device with a battery (Abstract) and further teaches a solar panel for charging the battery (storing electricity in the battery, para. [0005]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas to further include
a solar panel operationally engaged to the microprocessor, wherein the solar panel is configured for converting electromagnetic radiation to an electrical current for charging the battery.
The person of ordinary skill in the art would have been motivated to use a solar panel in order to reduce power needs in sunny weather (Chen, para. [0005]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Coe (US 1008010), Fatherazi et al. (US 20110229963), Ohi et al. (US 20100149904) and Dubroy (US 5372422A) as applied to claim 10 above and in further view of Bai (attached translation of CN 107029594A).
Regarding claim 14, the above-cited references for claim 10 do not disclose an arm attached to and extending from a lower facet of the housing distal from the drive shaft.
However, Bai teaches a paint mixing device (Abstract) and further teaches an arm (lever 11) attached to and extending from a lower facet of the housing (extending from beam 8) distal from the drive shaft (shaft 7), the arm being substantially parallel to the drive shaft (Fig. 1), such that the arm is selectively insertable into a shell (chamber) and prevents rotation of the rotary tool relative to the container (being locked by bolt 13) as the paint is being mixed.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas to further include an arm attached to and extending from a lower facet of the housing distal from the drive shaft, the arm being substantially parallel to the drive shaft, such that the arm is selectively insertable into the shell as the rotary tool is attached to the second rod, thus positioning the arm for preventing rotation of the rotary tool relative to the container as the paint is being mixed.
The person of ordinary skill in the art would have been motivated to include a support arm in order to prevent the device from being loosened during mixing.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077) and D’Epenoux et al. (US 20220105745) as applied to claim 1 above and in further view of Krzywdziak (US 5454639), Reeder et al. (US 20020172092) and Stevens et al. (US 3658349).
Regarding claim 15, Thomas does not disclose a pleated tube.
However, Krzywdziak discloses a paint mixing device (Abstract) having a pleated tube having a lower limit attached to the lid and extending circumferentially around the hole, the pleated tube being elastomeric and conically frustum shaped as shown below:
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Likewise, Reeder et al. discloses a mixing device (Abstract) having a pleated tube shaft seal (bellows membrane 96, Fig. 4) having a lower limit attached to a lid (plate 92 or top portion 62) and extending circumferentially around the hole (for shaft 12), the pleated tube being elastomeric (an elastomeric material, para. [0040]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes a pleated tube having a lower limit attached to the lid and extending circumferentially around the hole, the pleated tube being elastomeric and conically frustum shaped.
The person of ordinary skill in the art would have been motivated to use a pleated tube seal to allow for shaft movement while preventing escape of solvent vapors.
Insomuch as the above cited references do not explicitly disclose an O-ring attached to the pleated tube proximate to an upper limit of the pleated tube; and a collar positioned around the pleated tube proximate to the upper limit, such that the O-ring is compressed between the collar and the first rod, wherein the pleated tube and the O-ring are configured for preventing passage of gas through the hole; Stevens et al. teaches a device which is analogous art at least because it is reasonably pertinent to the problem of sealing shafts (mechanical fluid seal, Abstract) and Stevens et al. teaches wherein an O-ring (O-ring 42) is attached to the pleated tube (bellows 43) proximate to an upper limit of the pleated tube; and a collar positioned around the pleated tube proximate to the upper limit (Fig. 1, shown below), such that the O-ring is compressed (compressed using set screws 40 in the collar, Fig. 1) between the collar and the first rod (shaft 26), wherein the pleated tube and the O-ring are configured for preventing passage of gas through the hole (“fluid seal”, Abstract, the O-ring sealing off the shaft, Fig. 1, shown below) as shown below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas to include an O-ring attached to the pleated tube proximate to an upper limit of the pleated tube; and a collar positioned around the pleated tube proximate to the upper limit, such that the O-ring is compressed between the collar and the first rod, wherein the pleated tube and the O-ring are configured for preventing passage of gas through the hole.
The person of ordinary skill would have been motivated to include an O-ring compressed between the collar and the rod in order to provide a tight fluid seal.
Assuming, arguendo, the lower limit of the pleated tube is required to be vertically below the upper limit along the first rod; Reeder et al. further teaches that the pleated tube is mounted above the container (bellows assembly 112, Fig. 6).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of the above-cited references wherein the pleated tube is rearranged from inside the container (Krzywdziak, Fig. 1) to outside the container (Reeder et al., Fig. 6) such that the collar is attached to the first rod above the lid and wherein the upper limit is located vertically above the lower limit.
In rearranging the pleated tube to be outside the container, the pleated tube would still retain its function as a seal for the container. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 5333823) in view of Walls (US 6419385), Sullivan (US 6280077), D’Epenoux et al. (US 20220105745), Bowes (US 2007154), Krzywdziak (US 5454639), Reeder et al. (US 20020172092), Stevens et al. (US 3658349), Coe (US 1008010), Ludwig et al. (US 20110013474), Kroeger (US 3704007), Hattori et al. (US 20060176762) and Bai (attached translation of CN 107029594A) and with or without Fatherazi et al. (US 20110229963), Ohi et al. (US 20100149904), Dubroy (US 5372422A), Cheng et al. (US 20230146115) and Chen (attached translation of CN 107008179).
Regarding claim 16, Thomas discloses a painting supplies storage device (for paint, tools, brushes, and other listed items, Abstract) comprising: a container (bucket 120) having an open top, wherein the container is configured for addition of an open can of paint through the open top (securely holds a paint can, Abstract), the container being cylindrical; a shell (cavity 196) attached to the container and extending from proximate to the bottom to proximate to the open top (Fig. 5) of the container, an upper facet of the shell being open, wherein the shell is configured for stowage of one or more painting tools; the shell being substantially cuboid (Fig. 3) as shown above for claim 1.
Thomas does not disclose a lid, rod or paddles.
However, Walls teaches a device (paint mixer 10) for mixing the contents of a paint can and Walls teaches the device includes a lid (lid 118) with a hole axially positioned in the lid and selectively attachable to a paint can for sealably closing the paint can (col. 6, lines 26-29) and having a first rod (shaft 26) positioned through the hole such that a lower end of the first rod (lower end 32) is positioned proximate to a bottom (Fig. 1) and an upper end of the first rod protrudes from the lid (Fig. 1), the first rod being rotationally and sealably attached to the lid (sealably in that there is little to no space for leakage between the rod and the lid, Fig. 7); a plurality of paddles (blades 30a and 30b) attached to and extending from the first rod (Fig. 1); a rotator assembly (hand crank 28) attached to the upper end of the first rod (Fig. 1) and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (Abstract) as shown above for claim 1.
Likewise, Sullivan discloses a device for mixing the contents of paint container (liner 60) having a lid (cover 28) selectively attachable to the container (container 10) for sealably closing the open top (open end 14); a hole (central opening 26) axially positioned in the lid; a first rod (shaft 20) positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container (mating with protrusion 72) and an upper end of the first rod protrudes from the lid (Fig. 11), the first rod being rotationally and sealably attached to the lid (through hole 26); a plurality of paddles (blades 22) attached to and extending from the first rod; a rotator assembly (rotative apparatus coupled at end 32, col. 2, line 23) attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint (col. 1, line 12) as shown above for claim 1.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device includes a lid selectively attachable to the container for sealably closing the open top; a hole axially positioned in the lid; a first rod positioned through the hole such that a lower end of the first rod is positioned proximate to a bottom of the container and an upper end of the first rod protrudes from the lid, the first rod being rotationally and sealably attached to the lid; a plurality of paddles attached to and extending from the first rod; a rotator assembly attached to the upper end of the first rod and being configured for selectively rotating the first rod, wherein the paddles are configured for mixing the paint.
The person of ordinary skill in the art would have been motivated to include a lid, rod, and paddles to ensure the paint is mixed immediately prior to use (Walls, col. 1, lines 6-7) and to prevent splashing and spills from the paint can during mixing.
Assuming, arguendo, that the above-cited references do not disclose the first rod is sealably attached to the lid; D’Epenoux et al. discloses a device comprising a container (cup 2) with a paint container (liner 42) inserted therein and a lid (lid 8) with a rod (coupling means 19) passing through and where the rod is sealably attached to the lid (sealing members 22, Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the first rod is sealably attached to the lid.
The person of ordinary skill would have found it obvious to use a shaft seal (D’Epenoux et al., sealing members 22) in order to prevent the escape of solvent vapor during mixing.
Thomas does not disclose a rim attached to the container or a gasket.
However, Bowes discloses a device which is analogous art at least because it is reasonably pertinent to the problem of sealing a container (page 2, right column, lines 25-30) and Bowes teaches a rim (comprising annular bead 6 and channel 7, Fig. 3) attached to the container and extending circumferentially around the open top (Fig. 1 and Fig., 2); a channel (groove 70 extending into and circumferentially around the rim; and a gasket (annular gasket 25) attached to the lid and extending circumferentially around the lid proximate to a perimeter of the lid, such that the gasket is selectively insertable into the channel for sealably attaching the lid to the container (page 2, right column, line 30).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Thomas wherein the device further includes a rim attached to the container and extendin