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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 21 rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (US 2016/0151797) in view of Krayyer et al. (US 2012/0261494).
Joseph teaches an alignment tool for a spray gun, the alignment tool comprising: a tool body extending about an axis and between a first end and a second end, the second end being open to accept a front end of the spray gun into the cavity defined by the tool body (see annotated figure 13, [0063]); a tab connected to the tool body at an interface between the tab and the tool body, the tab extending towards the second end from the interface (see annotated figure, [0061] – stops/tabs to limit rotation of barrel); and a path indicator supported by the tool body, the path indicator including a first projection extending outward away from tool body (see annotated figure).
Joseph does not specifically teach the tab supporting an inner protrusion extending inward towards the axis from the inner side of the tab, the inner protrusion configured to engage the spray gun to mount the alignment tool on the spray gun; however, the inner protrusion is disclosed by Krayer (see annotated figure 3). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the alignment tool with the intrusion taught by Krayer in order to provide a light-weight easy to use paint spraying device that reduces the need for ladders or scaffolding. Additionally, the protrusion in a tab provides a means for limiting the rotation the alignment tool.
Allowable Subject Matter
Claims 1-20 are allowed.
Prior art does not teach or suggest a first projection and a second projection extending inwards towards an axis to meet at an intersect point.
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Conclusion
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 Laura Martin whose telephone number is (571)272-2160. The examiner can normally be reached Monday - Friday, 7:30am - 3:30 pm.
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/LAURA MARTIN/ SPE, Art Unit 2855