DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 7/29/2023.
The Examiner notes claims 1-15 are currently pending and have been examined; claim(s) 1-5, 8, & 13 is/are canceled without prejudice, claim(s) 6 & 11 is/are currently amended, all other claims are original or previously presented.
Please see the Response to Amendments and Response to Arguments sections below for more details.
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.
Claims 7 & 12 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 7 & 12
The claim states "a square ferrule thereby allowing for lining up of paint for easier flow."
It is unclear what “allowing for lining up of paint for easier flow” means. It is unclear what is lined up with what. It is unclear if a part of a ferrule lined up against something or why the ferrule being square relates to the lining up.
Further it is unclear what easier flow means. “Easier” is a relative term that is not defined in the specification or the drawings. Also flow is not defined or described. It is unclear what is flowing.
For examining purposes the limitation will be interpreted as “a square ferrule thereby allowing for lining up of paint for
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.
And/or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 6-7 & 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (US 20240197066), hereinafter Lu.
Regarding claim 6 & 11. Lu discloses a cut-in brush for painting [Fig 10a-10c; ¶64; the figures show the brush ferrule (14, as seen in earlier figures) and bristles (18, as seen in earlier figures)], comprising a plurality of brush filaments of varying lengths [Fig 6 & 10a-10c; ¶50-¶51, ¶55, ¶61, & ¶64; The bristles in Fig 10a-10c vary in length as seen by the varying cross-section formed by the flat sides of the tip (88) in addition to the brush also having shorter bristles inside the brush (as seen in Fig 6) that stiffen the overall bristle structure as described in the disclosure], distal ends of which define at a head of the brush a tip [Fig 10a-10c; the bristles define a tip (84)] having
(a) a single angled/inclined top when viewed from a top or bottom of the brush [Fig 10b is the top view; there is a single inline on the top of the brush], thereby allowing for the brush to get close to trim without getting paint from the filaments on the trim [¶29; the bristles have an angled/inclined profile, it is a double angle or incline but it is still angled and/or inclined which would make the brush capable of getting close to trim without getting paint from the filaments on the trim]; and
(b) a double-angled/inclined top forming a V-shape top when viewed from a side of the brush [Fig 10c is a side view; the tip is a V-shaped top], thereby providing for easy painting on both the right and left side of trim [¶29; the bristles have a V-shape profile from the side view of the brush which provides for easy painting on both the right and left side of trim].
Claim 11 differs by “(a) a single angled/inclined top when viewed from a side of the brush, thereby allowing for the brush to get close to trim without getting paint from the filaments on the trim [Fig 10b is side view for claim 11; the bristles have an angled/inclined profile, it is a double angle or incline but it is still angled and/or inclined which would make the brush capable of getting close to trim without getting paint from the filaments on the trim];and (b) a double-angled/incline top forming a V-shape top when viewed from a top or bottom of the brush, thereby providing for painting with a single-pass with a wide swath [Fig 10c is a top view for claim 11; the bristles have a V-shape profile from the top view of the brush which provides for painting with a single-pass with a wide swath; it is noted that “wide swath” is has no frame of reference so Lu’s brush is capable of making a wide swath if the brush is pressed harder against a surface].” If the applicant wishes to define these directions more, the Examiner recommends defining how the bristles extend along two directions and extending along one direction longer than extending in the other direction. Thereby it would be well defined which parts of the brush has which tip geometry.
Regarding claim 7 & 12. Lu discloses the brush of claim 6, comprising a square ferrule thereby allowing for lining up of paint for flow [Fig 10a-10c; ¶49 & ¶64; the ferrule shape can be square which would allow for lining up of paint for flow].
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.
Claim(s) 9-10 & 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu.
Regarding claim 9-10 & 14-15. Lu discloses the brush of claim 6, but may not explicitly disclose wherein the brush is a 2-inch brush (or a 2.5-inch brush for claim 10).
However it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to cause the brush as disclosed by Childs to be a 2 or 2.5-inch brush since it has been held that "where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimension would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device" MPEP 2144.04-IV-A. In the instant case, the brush of Lu would not operate differently with the claimed size. Further, Applicant places no criticality on the sizes.
Response to Arguments
35 U.S.C. 112(b) Rejections
Applicant's amendments, filed 12/29/2025, cancel the rejected claims. The rejections of 9/29/2025 are withdrawn.
35 U.S.C. 102 & 103 Rejections
Applicant's arguments, see Pages 4-6, filed 12/29/2025 have been fully considered but are moot in light of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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