DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant's arguments filed March 2, 2026, titled “Remarks” (see page 6), with respect to the rejection of claim 18 under 35 U.S.C. §102 have been fully considered but they are not persuasive.
Applicant argues that Donaldson (US 6484412 B1; hereinafter “Donaldson”, cited in prior PTO-892) does not disclose a chalk dispensing opening that forms an acute angle relative to the sliding axis taught in claim 18, and that the assertion that “the base is smaller than the opening, forming an acute angle relative to the sliding axis” (cited from prior rejection of December 2, 2025) does not overcome the claim limitation(s) of claim 18. Examiner respectfully disagrees, and to further illustrate the disclosure of Donaldson, Examiner has provided Image 1 below.
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Image 1 – Donaldson, Figure 7, Annotated
As seen above, line 1 indicates the sliding axis of the chalk cartridge. As the top of the cartridge (side closest to the sliding axis) also has a chalk opening [opening 74], and the base of the cartridge (side furthest from the sliding axis) is smaller than the opening, the opening and the frangible seal forms an acute angle [sealing portion 66/frangible portion 72, angle of incident highlighted in circle 4 of Image 1] relative to the sliding axis [line 2 follows the angle of incident on the other side of the cartridge, more clearly showing that it is an acute angle relative to the right angle illustrated by line 3]. As such, Donaldson discloses the limitations of claim 18 in their current/previous form.
Further, Applicant's arguments filed March 2, 2026, titled “Remarks” (see page 6), with respect to the objection of claim 11 are not persuasive. As currently written, claim 11 now recites “a frangible sea seal”, whereas the objection of December 2, 2025, was that claim 11 recited “a frangible sea”. Although it still appears that Applicant intended to recite “a frangible seal”, the “sea” present in claim 11 still has not been addressed.
Further, Applicant’s arguments filed March 2, 2026, titled “Remarks” (see pages 6-7), with respect to the rejections of claims 1-17 under 35 U.S.C. §103 are not persuasive. Applicant asserts that the combination of Donaldson in view of Ruiz (US 20120070220 A1; hereinafter “Ruiz”, cited in prior PTO-892) is improper as there “is nothing to suggest such perpendicular loading would be appropriate for the structure in Donaldson”. Examiner argues that the direction of contact of Ruiz’s seal breaking structure [104] and frangible seal [frangible membrane 108] could be adjusted to accommodate the sliding loading of Donaldson’s containers, as it would be obvious to ensure that a seal breaking portion comes into contact with a frangible seal – a well-known engineering practice.
Claim Objections
3. Claim 11 is objected to because of the following informalities: claim 11 recites "a frangible sea seal of the chalk cartridge". It seems Applicant intended to write "frangible seal" (emphasis added), as written in dependent claims 12-13. Appropriate correction is required.
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.
4. Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donaldson.
In regard to claim 18, Donaldson discloses a chalk cartridge [chalk refill container 12] for use with a chalk line reel [chalk line device 10], the chalk cartridge comprising: a cartridge housing [refill container housing 58] comprising a chalk compartment [shown in Fig. 7] at least partially filled with chalk [chalk 60; shown in Fig. 7] and a chalk dispensing opening [opening 70]; mount receiving structure [flange 62], defining a sliding axis [Fig. 11A - Fig. 11B show the cartridge sliding along an axis], configured to slidably engage the chalk line reel, along the sliding axis, to releasably mount the chalk cartridge to the chalk line reel [shown in Fig. 11A - Fig. 11B]; and a frangible seal closing the chalk dispensing opening sealing portion 66/frangible portion 72]; wherein the frangible seal and the chalk dispensing opening form an acute angle relative to the sliding axis [shown in Fig. 7 and Fig 11 B - the base is smaller than the opening, forming an acute angle relative to the sliding axis – (see Image 1 and response to argument above)].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1-5, 7, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Donaldson in view of Ruiz.
In regard to claim 1, Donaldson teaches a chalk line reel system [chalk line device 10] comprising: a chalk cartridge [chalk refill container 12] comprising: a cartridge housing [refill container housing 58] comprising a chalk compartment [shown in Fig. 7] at least partially filled with chalk [chalk 60; shown in Fig. 7] and a chalk dispensing opening [opening 74] to the chalk compartment [shown in Fig. 8]; and a frangible seal closing the chalk dispensing opening [sealing portion 66/frangible portion 72]; a chalk line housing [chalk line housing 14] comprising: an interior space [shown in Fig. 2]; a mount structure for releasably mounting the chalk cartridge [mounting surface 14a]; allowing the chalk to be dispensed from the chalk compartment into the interior space with the chalk cartridge engaged in the mount structure [described in col. 3 lines 52-67]; a reel [conventional spool 16] mounted to the housing [shown in Fig. 2] for rotation relative to the housing about a reel axis [crank 20 is attached to spool to turn spool about an axis]; and a chalk line [chalk line 22] wound around the reel and engageable with chalk contained in the interior space [shown in Fig. 2].
Donaldson does not teach a seal breaking structure configured to break the frangible seal.
However, Ruiz teaches a seal breaking structure [cutting portion 104] configured to break a frangible seal {frangible membrane 108, described in para. [0033]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
It should be noted that if the applicant were to include claim limitations that were specific as to the preferred embodiment of the seal breaking structure or the engagement means of the chalk cartridge onto the mount structure, such additional limitations may overcome the prior art used in the above rejection.
In regard to claim 2, Donaldson does not teach wherein the seal breaking structure partially removes the frangible seal as the chalk cartridge engages the mount structure.
However, Ruiz teaches a seal breaking structure that partially removes the frangible seal as a cartridge engages a mount structure {para. [0033] describes moving the container 120 into the applicator body 130, causing the cutting portion 104 to cut frangible membrane 108}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 3, Donaldson does not teach wherein the seal breaking structure perforates the frangible seal as the chalk cartridge engages the mount structure.
However, Ruiz teaches a seal breaking structure that perforates a frangible seal as a cartridge engages a mount structure {para. [0033] describes moving the container 120 into the applicator body 130, causing the cutting portion 104 to cut frangible membrane 108}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 4, Donaldson teaches wherein the chalk cartridge further comprises mount receiving structure [flange 62], defining a sliding axis [Fig. 11A - Fig. 11B show the cartridge sliding along an axis], configured to slidably engage the mount structure, along the sliding axis, to releasably mount the chalk cartridge [shown in Fig. 11A - Fig. 11B].
Donaldson does not teach wherein the seal breaking structure perforates the frangible seal as the mount receiving structure slidably engages the mount structure.
However, Ruiz teaches the seal breaking structure perforates the frangible seal as the mount receiving structure slidably engages the mount structure {para. [0033] describes moving the container 120 into the applicator body 130, causing the cutting portion 104 to cut frangible membrane 108; Fig. 1 - Fig. 4 show the container 120 sliding through the applicator body 130}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 5, Donaldson further teaches wherein the frangible seal and the chalk dispensing opening form an acute angle relative to the sliding axis[shown in Fig. 7 and Fig 11 B - the base is smaller than the opening, forming an acute angle relative to the sliding axis].
In regard to claim 7, Donaldson does not teach wherein the seal breaking structure comprises a cutting blade.
However, Ruiz teaches wherein the seal breaking structure comprises a cutting blade [cutting portion 104].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 11, Donaldson teaches a chalk line reel [chalk line device 10] comprising:
a chalk line housing [chalk line housing 14] comprising: an interior space [shown in Fig. 7]; a mount structure for releasably mounting a chalk cartridge [mounting surface 14a]; allowing the chalk to be dispensed from the chalk compartment into the interior space with the chalk cartridge engaged in the mount structure [described in col. 3 lines 52-67]; a reel [conventional spool 16] mounted to the housing [shown in Fig. 2] for rotation relative to the housing about a reel axis [crank 20 is attached to spool to turn spool about an axis]; and a chalk line [chalk line 22] wound around the reel and engageable with chalk contained in the interior space [shown in Fig. 2].
Donaldson does not teach a seal breaking structure configured to break a frangible sea of the chalk cartridge.
However, Ruiz teaches a seal breaking structure [cutting portion 104] configured to break the frangible seal {frangible membrane 108, described in para. [0033]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 12, Donaldson does not teach wherein the seal breaking structure is configured to partially remove a frangible seal of the chalk cartridge as the chalk cartridge engages the mount structure.
However, Ruiz teaches a seal breaking structure that partially removes the frangible seal as a cartridge engages a mount structure {para. [0033] describes moving the container 120 into the applicator body 130, causing the cutting portion 104 to cut frangible membrane 108}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 13, Donaldson does not teach wherein the seal breaking structure is configured to perforate a frangible seal of the chalk cartridge as the chalk cartridge engages the mount structure.
However, Ruiz teaches a seal breaking structure that perforates a frangible seal as a cartridge engages a mount structure {para. [0033] describes moving the container 120 into the applicator body 130, causing the cutting portion 104 to cut frangible membrane 108}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
In regard to claim 15, Donaldson does not teach wherein the seal breaking structure comprises a cutting blade.
However, Ruiz teaches wherein the seal breaking structure comprises a cutting blade [cutting portion 104].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Ruiz’s seal breaking structure with Donaldson’s chalk line device in order to better penetrate a frangible seal in an enclosed environment – a well-known engineering practice – as described by Ruiz {para. [0007]-[0009]}.
6. Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Donaldson in view of Ruiz as applied to claims 1-5, 7, 11-13, and 15 above, and further in view of Mach
(US 20140094847 A1; hereinafter "Mach", cited in prior PTO-892).
In regard to claim 6, Donaldson in view of Ruiz does not teach wherein the seal breaking structure comprises a plurality of teeth.
However, Mach teaches a seal breaking structure comprised of a plurality of teeth {para. [0035] describes a puncture cap having multiple teeth breaking a seal}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Mach’s puncture cap as Donaldson in view of Ruiz’s seal breaking structure in order to better puncture a frangible material to allow a material through - a known engineering practice - as described by Mach {para. [0034]-[0035]}.
In regard to claim 14, Donaldson in view of Ruiz does not teach wherein the seal breaking structure comprises a plurality of teeth.
However, Mach teaches a seal breaking structure comprised of a plurality of teeth {para. [0035] describes a puncture cap having multiple teeth breaking a seal}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Mach’s puncture cap as Donaldson in view of Ruiz’s seal breaking structure in order to better puncture a frangible material to allow a material through - a known engineering practice - as described by Mach {para. [0034]-[0035]}.
7. Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Donaldson in view of Ruiz as applied to claims 1-5, 7, 11-13, and 15 above, and further in view of Lane (US 4197656 A; hereinafter "Lane", cited in prior PTO-892).
In regard to claim 8, Donaldson in view of Ruiz does not teach a chalk line reel further comprising a spring operably connected to a gear system to rotate the reel.
However, Lane teaches a chalk line reel further comprising a spring operably connected to a gear system to rotate the reel [col. 3 lines 18-35 describe the drive mechanism that uses a coil spring 72 and gear train 66, 68, and 70 to turn the reel 44, illustrated in Fig. 4 and Fig. 6].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Lane’s drive mechanism with Donaldson in view of Ruiz’s chalk line reel in order to better retract a chalk line, as described by Lane [col. 1 lines 38-67].
In regard to claim 16, Donaldson in view of Ruiz does not teach a chalk line reel further comprising a spring operably connected to a gear system to rotate the reel.
However, Lane teaches a chalk line reel further comprising a spring operably connected to a gear system to rotate the reel [col. 3 lines 18-35 describe the drive mechanism that uses a coil spring 72 and gear train 66, 68, and 70 to turn the reel 44, illustrated in Fig. 4 and Fig. 6].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Lane’s drive mechanism with Donaldson in view of Ruiz’s chalk line reel in order to better retract a chalk line, as described by Lane [col. 1 lines 38-67].
8. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Donaldson in view of Ruiz and in further view of Lane as applied to claims 8 and 16 above, and further in view of Severin
(US 6488665 B1; hereinafter "Severin", cited in prior PTO-892).
In regard to claim 9, Donaldson in view of Ruiz and Lane does not teach wherein the frangible seal comprises a foil portion induction sealed to an edge of the chalk dispensing opening.
However, Severin teaches a frangible seal comprised of a foil portion induction sealed to an edge of an opening [col. 3 lines 18-19 describe using induction sealing a container with an aluminum foil frangible seal 22].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Severin’s method induction-sealing a container with an aluminum foil frangible seal with Donaldson in view of Ruiz and Lane’s chalk cartridge in order to better reliably store material that can be affected by gasses - a known engineering practice - as described by Severin [col. 3 lines 8-23].
9. Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Donaldson in view of Ruiz as applied to claims 1-5, 7, 11-13, and 15 above, and further in view of Chernyshou
(US 20160167425 A1; hereinafter "Chernyshou", cited in prior PTO-892).
In regard to claim 10, Donaldson in view of Ruiz does not teach a chalk line reel wherein the interior space comprises a first interior space and a second interior space; the reel is mounted to the housing in the first interior space; the chalk is contained in the second interior space; and the chalk line housing further comprises a fibrous material, between the first interior space and the second interior space, limiting passage of chalk between the first interior space and the second interior space.
However, Chernyshou also teaches a chalk line reel with an interior space, as well as wherein the interior space comprises a first interior space [main chalk reservoir 22] and a second interior space [secondary chalk reservoir 152]; the reel is mounted to the housing in the first interior space [shown in Fig. 5A and Fig. 6]; the chalk is contained in the second interior space {shown in Fig. 6, described in para. [0071]} ; and the chalk line housing further comprises a fibrous material {para. [0075] describes how wiper material may be made of multiple types of fibrous material}, between the first interior space and the second interior space [shown in Fig. 6], limiting passage of chalk between the first interior space and the second interior space {described in para. [0069] and [0074]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Chernyshou’s chalk line reel with multiple interior reservoirs with Donaldson in view of Ruiz’s chalk line reel in order to better reclaim excess chalk from the chalk line and reduce chalk debris, as taught by Chernyshou {para. [0069]}.
In regard to claim 17, Donaldson in view of Ruiz does not teach a chalk line reel wherein the interior space comprises a first interior space and a second interior space; the reel is mounted to the housing in the first interior space; the chalk is contained in the second interior space; and the chalk line housing further comprises a fibrous material, between the first interior space and the second interior space, limiting passage of chalk between the first interior space and the second interior space.
However, Chernyshou also teaches a chalk line reel with an interior space, as well as wherein the interior space comprises a first interior space [main chalk reservoir 22] and a second interior space [secondary chalk reservoir 152]; the reel is mounted to the housing in the first interior space [shown in Fig. 5A and Fig. 6]; the chalk is contained in the second interior space {shown in Fig. 6, described in para. [0071]} ; and the chalk line housing further comprises a fibrous material {para. [0075] describes how wiper material may be made of multiple types of fibrous material}, between the first interior space and the second interior space [shown in Fig. 6], limiting passage of chalk between the first interior space and the second interior space {described in para. [0069] and [0074]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Chernyshou’s chalk line reel with multiple interior reservoirs with Donaldson in view of Ruiz’s chalk line reel in order to better reclaim excess chalk from the chalk line and reduce chalk debris, as taught by Chernyshou {para. [0069]}.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record in the attached PTO-892 relates to other containers of marking material utilizing a frangible seal and a corresponding seal breaker, as well as their use and applications.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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