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
“an elongated rod extending from the outer lip of the lid ” as claimed in claim 4-5 and 19
and
“a plurality of device hangers extending from the interior side of the lid” as claimed in claim 17
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Many of the phrase “form” should be changed to –from--, such as in [0001] of the brief summary of the disclosure, lines 11 and 14. Applicant is suggest to review them and correct the word
Appropriate correction is required.
The following is a quotation of 37 CFR 1.71(a)-(c):
(a) The specification must include a written description of the invention or discovery and of the manner and process of making and using the same, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make and use the same.
(b) The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter or improvement invented, and must explain the mode of operation or principle whenever applicable. The best mode contemplated by the inventor of carrying out his invention must be set forth.
(c) In the case of an improvement, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it.
The specification is objected to under 37 CFR 1.71, because failing to provide an adequate written description of the invention. The specification fails to provide “an elongated rod extending from the outer lip of the lid” which is not clear and not understand by the examiner. According to applicant’s specification, such limitation is cited in paragraph [0001] , lines 11-12. However, radially outer lip 118 is greater than the diameter of the interior surface of the lid and the rod extends axially from interior surface 111 along a central axis 125 [0027]. Therefore, it is not clear and not understand how “the elongated rod can extending from the outer lip of the lid as recited in claims 4-5 and 19.
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 4-5, 12 and 19 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.
As to claims 4-5 and 19, applicant recites “an elongated rod extending from the outer lip of the lid” which is not clear and not understand by the examiner. According to applicant’s specification, such limitation is cited in paragraph [0001] , lines 11-12. However, radially outer lip 118 is greater than the diameter of the interior surface of the lid and the rod extends axially from interior surface 111 along a central axis 125 [0027]. Therefore, it is not clear and not understand how “the elongated rod can extending from the outer lip of the lid. Clarification is required. For the purpose of examination, examiner will follow the limitation of “the elongated rod” in the detailed description and examine with the broadest reasonable interpretation.
As to claims 4-5 and 12, applicant recites “hanger extending axially form the interior side of the lid” which is not clear whether applicant is referring the phrase “form” or “from”. It appears that the term should be “from” with the limitation --hanger extending axially from the interior side of the lid--. 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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chayer (6,695,164).
As to claim 1, Chayer discloses a storage assembly for storing one or more paint application devices (36), the storage assembly comprising: a lid (26) having a central axis (Figure 1 and Figure 2 shows the center axis of the lid and the bucket) and that is configured to couple with an open end of a bucket (24), wherein the lid includes an interior side defined by an interior surface of the lid and an exterior side (top lid 64) that is opposite the interior side and is defined by an exterior surface of the lid (Figures 1 and 3 shows the top of the lid 64 as exterior side and inner surface facing the bucket) ; and a cylindrical first device holder (30) extending axially from the interior side of the lid (Figure 1 and 3), wherein the first device holder is configured to couple with a central tube of a paint roller (Figure 3).
As to claim 2, Chayer further discloses the lid comprises a radially outer lip (62) and wherein the interior surface of the lid is axially recessed form the outer lip (Figure 3 shows that the interior surface of the lid is axially recessed form the outer lip).
As to claim 3, Chayer further discloses an inner diameter of the outer lip (62) is equal to or greater than an outer diameter of the interior surface of the lid ( the edge wall 62 of the lid member 60 is adapted to engaged with the upper edge of the bucket and as shown in Figure 3, the inner diameter of the outer lip 62 is greater than the outer diameter of the interior surface of 64 since a channel is form between them).
Claims 12-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by J.P. Hainzigianis (1,566,860).
As to claim 12, Hainzigianis discloses storage assembly (Figure 2), the storage assembly comprising: a lid (14) having a central axis and that is configured to couple with an open end of a bucket (container 1) , wherein the lid includes an interior side defined by an interior surface of the lid and an exterior side that is opposite the interior side and is defined by an exterior surface of the lid (as shown in Figure 2, the exterior surface is facing outside and the interior surface is facing the interior of the container 1); and a device hanger (20, 22) extending axially from the interior side of the lid (14), wherein the device hanger comprises an elongate rod (22) extending from the interior side of the lid, and a hanger post (26) extending radially outwards from the rod (22).
As to claim 13, Hainzigianis further discloses the device hanger comprises a paint brush hanger (although this hanger holding toothbrush, the structure can also hold small paint brush, furthermore, some artist might use toothbrush to paint).
As to claims 14-15, Hainzigianis further disclose the hanger post (26) extends from the elongate rod (20) at a non-zero angle that is less than ninety degrees (the tip of the post 26 is form at a non-zero angle that is less than ninety degrees, Figure 2).
As to claim 16, Hainzigianis further disclose the device hanger (20, 22) comprises a plurality of the hanger posts (26) circumferentially spaced from each other and extending radially outwards from the rod (as shown in Figure 1, there are 6 posts circumferentially spaced from each other).
As to claims 18-19, as best understand, Hainzigianis further discloses the rod of the device hanger extends from the interior surface of the lid (Figure 2), the lid (14) comprises a radially outer lip (15) and wherein the interior surface of the lid is axially recessed from the outer lip, and wherein the rod of the device hanger extends from the interior surface of the lid (Figure 3).
PNG
media_image1.png
290
252
media_image1.png
Greyscale
As to claim 20, Hainzigianis further discloses a cylindrical first device holder extending axially from the exterior side of the lid (as shown in Figure 1 as annotate above), the exterior side of the lid comprises a projection and with the thickness of the projection, the structure can be considered as cylindrical), wherein the first device holder is configured to couple with a central tube of a paint roller (the paint roller is not claimed and the structure is capable to insert into the central tube of a paint roller).
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 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chayer (6,695,164) in view of J.P. Hainzigianis (1,566,860).
As to claims 4-5, as best understand, Chayer does not specifically disclose a paint application device hanger extending axially form the interior side of the lid, wherein the device hanger comprises: an elongate rod extending from the interior surface of the lid; and a hanger post extending radially outwards from the rod. Nevertheless, Hainzigianis discloses a device hanger (20 and 22) extending axially from the interior side of the lid (14, Figure 2), wherein the device hanger comprises: an elongate rod (20) extending from the interior surface of the lid 14); and a hanger post (26) extending radially outwards from the rod. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the storage assembly of Chayer with additional device hanger extending from the interior side if the lid as taught by Hainzigianis in order to provide additional hanging mean to hang additional items other than paint roller.
As to claim 6-7, Chayer as modified by Hainzigianis further disclose the hanger post (26) extends from the elongate rod (20) at a non-zero angle that is less than ninety degrees (the tip of the post 26 is form at a non-zero angle that is less than ninety degrees, Figure 2).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chayer (6,695,164) in view of Dobson (6,213,329).
As to claim 8, Chayer only discloses the edge wall 62 of the lid member 60 is adapted to engage the upper edge of the bucket, but does not specifically disclose the lid is configured to releasably snap onto the open end of the bucket. Nevertheless Dobson discloses a container lid (1) comprises an inverted groove that can snap fit over the container (4, column 3, lines 57-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inverter groove of Chayer with snap fit over the upper edge of the container as taught by Dobson in order to secure the lid against the open end of the storage container. side if the lid as taught by Hainzigianis in order to provide additional hanging mean to hang additional items other than paint roller.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chayer (6,695,164) in view of Pressler et al (8,720,703).
As to claims 9-11, Chayer does not disclose a cylindrical second device holder extending axially from the exterior surface of the lid, wherein the second device holder comprises: an outer cylindrical wall extending from the exterior surface of the lid; and a cavity formed within the cylindrical wall, the second device holder comprises a paint brush holder. Pressler discloses a lid (10) configured to couple to the container (12), the lid further comprises a cylindrical device holder (16) extending axially from the exterior surface of the lid (as shown in Figure 1, the holder extend from the lid exterior surface (14), wherein the second device holder comprises: an outer cylindrical wall extending from the exterior surface of the lid; and a cavity formed within the cylindrical wall (Figure 8) , the second device holder comprises a paint brush holder (holding brush 18 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the exterior surface of the lid of Chayer with cylindrical structure and with cavity as taught by Pressler in order to provide additional holder even when the lid is closed against the bucket.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over J.P. Hainzigianis (1,566,860) in view of McBryar (8,286,790).
As to claim 17, Hainzigianis does not disclose a plurality of the device hangers extending from the interior side of the lid. Nevertheless, McBryar discloses a paint brush cleaning device (10) comprises a container (20) and lid (30), the lid comprises multiple device hanger (40, Figure 4, six hanger), each of the hanger can hold the handle of the brush. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container and the lid of Hainzigianis with greater volume with multiple device hanger as taught by McBryar in order to provide additional hanger to hold a large quantity of the brushes.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over J.P. Hainzigianis (1,566,860) in view of Ryszkiewicz (6,334,509).
As to claim 20, if applicant does not agree that the structure is in the form of a cylindrical shape. Ryszkiewicz discloses a lid (34) configured to couple with an opening end of a bucket (30), the exterior surface further comprises a cylindrical handle (36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dish shape handle on the exterior surface of the lid of Hainzigianis with cylindrical shape as taught by Ryszkiewicz to provide a better gripping of the structure by hand. Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. A Change in aesthetic (ornamental) design generally will not support patentability. MPEP 2144.04(IV)(B).
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gregory Pickett can be reached on (571)272-4560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736