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 .
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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuner (US 6,408,857) in view of Steinebrunner (DE 103 54 774 A1).
Neuner discloses an applicator device, comprising a first application assembly (36) and a second application assembly (14), wherein the first application assembly comprises an application portion (32) and a mounting portion (8); a first bristle (40) is provided on the application portion; a second bristle (12) are provided on the second application assembly; the second application assembly is sleeved on the first application assembly along an axial direction of the first application assembly (see Figures 1-3). Neuner does not disclose a bending portion wherein the bending portion hooks the mounting portion along a first direction of the mounting portion to fix the second application assembly on the first application assembly; and the first direction is not parallel to the axial direction of the first application assembly. Steinebrunner teaches an applicator device having a bending portion (8) wherein the bending portion hooks the mounting portion (3) along a first direction of the mounting portion to fix the second application assembly on the first application assembly; and the first direction is not parallel to the axial direction of the first application assembly (see Figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Neuner be made with a bending portion as taught by Steinebrunner to allow for a secure attachment to the mounting portion.
Regarding claim 2, the combination of Neuner and Steinebrunner further disclose a brush rod (16), wherein the mounting portion is inserted into the brush rod; and the mounting portion is fixedly connected to the brush rod (see Figure 1 of Steinebrunner).
Regarding claim 3, the combination of Neuner and Steinebrunner further disclose a groove (37; Neuner) is formed in the first application assembly along the axial direction; and the second application assembly (14) is provided in the groove (see Neuner Figure 3).
Regarding claim 4, the combination of Neuner and Steinebrunner further disclose a first surface (36) and a second surface opposite to each other are arranged on the first application assembly; the first bristle (40) is provided on the first surface and the second surface (Figure 6); and a circle of grooves are formed in the first application assembly between the first surface and the second surface (see Figures 3 and 6 of Neuner).
Regarding claim 5, the combination of Neuner and Steinebrunner further disclose a root of the first bristle is fixedly connected to the first application assembly; a head of the first bristle extends toward a direction away from the first application assembly and the head of the first bristle is a free end; a diameter of the root of the first bristle is greater than a diameter of the head of the first bristle; and the first bristle on the first surface is different from the first bristle on the second surface in density and length (see Figures 1 and 6 of Neuner).
Regarding claim 6, a through hole (space where 8 is located) is formed in the mounting portion along the first direction, and the bending portion is inserted into the through hole (see Figure 1 of Steinebrunner).
Regarding claim 7, the combination of Neuner and Steinebrunner further disclose the second application assembly comprises a first rod (20) segment, a second rod segment (opposite 20), and a connecting segment (22); two ends of the connecting segment are respectively fixedly connected to a first end of the first rod segment and a first end of the second rod segment; the bending portion (as modified by Steinebrunner) is provided on at least one of the first rod segment and the second rod segment; and the bending portion extends along a first direction of the first rod segment or the second rod segment (see Figure 2 of Neuner).
Regarding claim 8, the combination of Neuner and Steinebrunner further disclose wherein a second end of the first rod segment is provided with the bending portion, or a second end of the second rod segment is provided with the bending portion, or the second end of the first rod segment and the second end of the second rod segment each are provided with the bending portion (see Figure 1 of Steinebrunner).
Regarding claim 9, the combination of Neuner and Steinebrunner further disclose wherein the bending portion is provided between the first end and a second end of the first rod segment, and the bending portion is adjacent to the second end of the first rod segment; or the bending portion is provided between the first end and a second end of the second rod segment, and the bending portion is adjacent to the second end of the second rod segment; or a rod segment between the first end and the second end of the first rod segment and a rod segment between the first end and the second end of the second rod segment each are provided with the bending portion (see Figure 1 of Steinebrunner).
Regarding claim 10, the combination of Neuner and Steinebrunner further disclose the first application assembly is made of a plastic material; the second application assembly is made of a metal material; the first bristle is made of a plastic material; and the second bristle is made of a nylon material or a polybutylene terephthalate (PBT) material (col. 4, lines 10-35 of Neuner).
Regarding claim 11, the combination of Neuner and Steinebrunner further disclose a through hole is formed in the mounting portion along the first direction, and the bending portion is inserted into the through hole (see Figure 1 of Steinebrunner).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
8/21/2025