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, 10, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 2022/0055400 A1 to Eldridge (“Eldridge”) in view of U.S. PGPUB 2014/0096338 A1 to Enguita (“Enguita”).
As to claim 1, Eldridge teaches a portable paint system comprising: a container (pan 12) having: a front wall (front side 30), a back wall (back side 32), at least two opposing side walls (perimeter wall 16) and a bottom wall (Eldridge Fig. 5 shows a bottom wall below the sloped floor 13), the at least two opposing sides walls coupled to the back wall to form vertical curved pour corners of the container (Eldridge Fig. 1 shows the perimeter walls 16 couple to the back side 32 to form pour corners) for providing a smooth path for draining paint from the container, the front wall having an indentation (first groove 38) at its top edge for receiving a neck section of a paint roller (Eldridge, pg. 1, ¶ 0020); a paint reservoir section (flat portion 36) defined by portions of the at least two opposing side walls, the back wall and the bottom wall; a tray section having a surface (sloped floor 13) extending between the at least two opposing side walls and extending downwardly in a sloped plane from the front wall to the paint reservoir section; a lid (lid 48) dimensioned to be removably coupled to the container and to cover the container in one of a closed configuration (Eldridge Fig. 2 shows the container closed) and an open configuration (Eldridge Fig. 1 shows the container opened), the lid forms a hermetic seal with the container when fully covering the container in the closed configuration (Eldridge, pg. 2, ¶ 0020), the lid having an indentation (second groove 60) corresponding in shape, size and position to the indentation at the top edge of the front wall of the container, such that when the lid is coupled to the container in the closed configuration, an aperture is formed by the combination of the indentation in the front wall of the container and the indentation in the lid (Eldridge, pg. 2, ¶ 0022), the aperture is dimensioned to snuggly fit a neck section of a paint roller (Eldridge, pg. 2, ¶ 0022); but does not teach the tray section having a groove extending laterally between the at least two opposing side walls for receiving a roller head of a paint roller, the tray section further having at least one paint channel extending axially along the surface of the tray from the groove to the paint reservoir section, the tray section surface having axial grooves along the surface of the tray section; and removable wheels coupled to the bottom wall and exterior to the container, the removable wheels configured to make the container portable.
Enguita teaches the tray section having a groove (paint roller containment area 42) extending laterally between the at least two opposing side walls (Enguita Fig. 1 shows the area 42 extends between the two side walls) for receiving a roller head of a paint roller (Enguita Fig. 5 shows the roller head of a paint roller inside the area 42), the tray section further having at least one paint channel (drainage channel 88) extending axially along the surface of the tray from the groove to the paint reservoir section (paint containment area 38), the tray section surface having axial grooves (elevated strips 100) along the surface of the tray section (Enguita Fig. 1 shows the strips on the tray section); and removable wheels (rolling members 34) coupled to the bottom wall and exterior to the container, the removable wheels configured to make the container portable (Enguita, col. 7, lines 20-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the groove, channel, axial grooves, and wheels of Enguita with the paint system as taught by Eldridge to have wheels for ready movement of the paint tray during the paint procedure (Enguita, col. 7, lines 20-23).
As to claim 10, Eldridge modified by Enguita teaches the portable paint system of claim 1, wherein the hermetic seal is achieved when a paint roller head is placed inside the container, the neck section of the paint roller is placed in the aperture such that a handle section of the paint roller extends externally from the container and wherein the lid is placed in the closed configuration (Eldridge, pg. 2, ¶ 0020).
As to claim 13, Eldridge modified by Enguita teaches the portable paint system of claim 1, wherein the hermetic seal between the container and the lid, when the lid is in the closed configuration, is achieved by having a sealing mechanism (first gasket 44 and second gasket 62) coupled to the lid, the container or both (Eldridge Fig. 1 shows the first gasket 44 on the pan 12 and the second gasket 62 on the lid 48).
As to claim 14, Eldridge modified by Enguita teaches the portable paint system of claim 1, wherein the groove is configured to snuggly receive a roller head of a paint roller, wherein when the roller head is received in the groove, pressure is applied by curvature of the groove to the roller head, thereby applying a rinsing effect to drain residual paint from the roller head (Eldridge, pg. 1, ¶ 0020).
As to claim 15, Eldridge modified by Enguita teaches the portable paint system of claim 14, wherein when roller head is placed in the groove, the roller head is removably secured to the groove (Eldridge, pg. 1, ¶ 0020).
Claim(s) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. Patent No. 7,854,341 B2 to Martin (“Martin”).
As to claim 2, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach the paint system further comprising an insert for placement inside the container atop the tray section, the insert is shaped and dimensioned to fully overlay the tray section and the paint reservoir section of the container and to allow the lid to maintain a hermetic seal of the container when in the closed configuration.
Martin teaches the paint system further comprising an insert (liner 14) for placement inside the container atop the tray section (tray 12), the insert is shaped and dimensioned to fully overlay the tray section and the paint reservoir section (paint well 26) of the container and to allow the lid to maintain a hermetic seal of the container when in the closed configuration.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the insert of Martin with the paint system as taught by Eldridge modified by Enguita to provide a container to avoid paint drying out in the container (Martin, col. 1, lines 9-10).
As to claim 16, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach wherein the lid has at least one of one or more compartments on the upper surface of the lid when coupled to the container for placing one or more of a cup, personal items of a user and paint equipment such as paint brushes and one or more compartments on the inner surface of the lid when coupled to the container for storing and holding paint applicators.
Martin teaches wherein the lid (lid 16) has at least one of one or more compartments (cup-like depression 56) on the upper surface of the lid when coupled to the container (Martin Fig. 1 shows the depression 56 is on the upper surface of the lid 16 when the lid is on the paint tray 12) for placing one or more of a cup, personal items of a user and paint equipment such as paint brushes and one or more compartments (raised section 54) on the inner surface of the lid when coupled to the container for storing and holding paint applicators (Martin Fig. 5 shows the raised section 54 holding the paint roller when the paint roller is in the tray 12 and the lid 16 is closed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the depression and the raised section of Martin to the outside and inside of the lid, respectively, as taught by Eldridge modified by Enguita to hold one end of a roller coater extension pole (Martin, col. 3, lines 32-33).
Claim(s) 3, 4, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. Patent No. 6,102,235 to Stern et al. (“Stern”).
As to claim 3, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach wherein the lid comprises a first part and a second part coupled to each other by a hinge and the lid is moved from the closed configuration to the open configuration by allowing the first part to pivot along the hinge in relation to the second part.
Stern teaches wherein the lid (lid 1) comprises a first part (cover 21) and a second part (lid surface 3) coupled to each other by a hinge (pivotal connection 41) and the lid is moved from the closed configuration (Stern col. 5, lines 43-44) to the open configuration (Stern Fig. 1 shows the cover 21 in the open position) by allowing the first part to pivot along the hinge in relation to the second part (Stern Fig. 1 shows the cover 21 that pivots along the pivotal connection 41 in relation to the lid surface 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lid having a first part, a hinge, and a second part of Stern with the portable paint system as taught by Eldridge modified by Enguita to allow access from outside to the paint inside the container when the lid is sealed over the container boundary and the first part is allowed to remain open (Stern, col. 5, lines 25-29).
As to claim 4, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach wherein the lid comprises a first part coupled to a section of the container by hinges and a second part coupled to the at least two opposite side walls of the container and the lid is moved from the closed configuration to the open configuration by allowing the first part to pivot along the hinges in relation to the second part.
Stern teaches wherein the lid (lid 1) comprises a first part (cover 21) coupled to a section of the container (Stern Fig. 1 shows the cover is coupled to a section of the container by the attaching border 5) by hinges (pivotal connection 41) and a second part (lid surface 3) coupled to the at least two opposite side walls of the container (Stern Fig. 1 shows the lid surface is coupled to at least two opposite side walls of the container by the attaching border 5) and the lid is moved from the closed configuration (Stern col. 5, lines 43-44) to the open configuration (Stern Fig. 1 shows the cover 21 in the open position) by allowing the first part to pivot along the hinges in relation to the second part (Stern Fig. 1 shows the cover 21 that pivots along the pivotal connection 41 in relation to the lid surface 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lid having a first part, a hinge, and a second part of Stern with the portable paint system as taught by Eldridge in view of Enguita to allow access from outside to the paint inside the container when the lid is sealed over the container boundary and the first part is allowed to remain open (Stern, col. 5, lines 25-29).
As to claim 17, Eldridge modified by Enguita teaches a method of using a portable paint system as described in claim 1, the method comprising: pouring paint into the reservoir section of the container (Eldridge, pg. 2, ¶ 0023); coupling the lid to the container to cover the paint (Eldridge, pg. 2, ¶ 0022); configuring the lid to be movable between an open configuration (Eldridge Fig. 1 shows the pan 12 without the lid 48) and a closed configuration (Eldridge Fig. 2 shows the lid 48 closing the pan 12), such that: when the lid is in the closed configuration, a hermetic seal is created between the lid and the container with the paint stored therein (Eldridge, pg. 2, ¶ 0022); placing a roller head section of a paint roller on the tray section of the container and configuring the lid to be in the closed configuration (Eldridge, pg. 2, ¶ 0022), wherein a neck section of the paint roller is snuggly fitted into the aperture formed by the indentation in the front wall of the container and the indentation in the lid (Eldridge, pg. 2, ¶ 0022), wherein the neck section is coupled to a handle section of the paint roller and part of the neck section and the entirety of the handle section extending outside the hermetically sealed container (Eldridge Fig. 2 shows the handle 42 outside of the pan 12 when the lid 48 is attached); and using the handle of the paint roller to maneuver the paint system, while in use to move the paint system from one location to another, without lifting the container and without causing any spillage of paint (Enguita, col. 8, lines 11-19); but does not teach configuring a first part of the lid to be movable between an open configuration and a closed configuration in relation to a second part of the lid, such that: when the first part of the lid is in the open configuration, the paint in the container is accessible by a user of the paint system.
Stern teaches configuring a first part (cover 21) of the lid (lid 1) to be movable between an open configuration (Stern Fig. 1 shows the cover 21 in the open position) and a closed configuration (Stern col. 5, lines 43-44) in relation to a second part (lid surface 3) of the lid, such that: when the first part of the lid is in the open configuration, the paint in the container is accessible by a user of the paint system (Stern, col. 5, lines 25-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lid having a first part, a hinge, and a second part of Stern with the portable paint system as taught by Eldridge modified by Enguita to allow access from outside to the paint inside the container when the lid is sealed over the container boundary and the first part is allowed to remain open (Stern, col. 5, lines 25-29).
As to claim 18, Eldridge modified by Enguita teaches a method of using a portable paint system as described in claim 1, the method comprising: pouring paint into the reservoir section of the container (Eldridge, pg. 2, ¶ 0023); coupling the lid to the container to cover the paint (Eldridge, pg. 2, ¶ 0022); configuring the lid to be movable between an open configuration (Eldridge Fig. 1 shows the pan 12 without the lid 48) and a closed configuration (Eldridge Fig. 2 shows the lid 48 closing the pan 12), such that: when the lid is in the closed configuration, creating a hermetic seal between the lid and the container with the paint stored therein (Eldridge, pg. 2, ¶ 0022); placing a roller head section of a paint roller on the tray section of the container in the groove and configuring the lid to be in the open configuration (Enguita, pg. 4, ¶ 0048), wherein head section of the paint roller is snuggly fitted into the groove (Enguita, pg. 4, ¶ 0048) and wherein a neck section of the paint roller is snuggly fitted into the indentation in the lid (Eldridge, pg. 2, ¶ 0022), and further wherein the neck section is coupled to a handle section (handle 42) of the paint roller and part of the neck section and the entirety of the handle section extending outside the container (Eldridge Fig. 2 shows the handle 42 outside of the pan 12 when the lid 48 is attached); and using the handle of the paint roller to maneuver the container, while in use to move the paint system from one location to another, without lifting the container and without causing any spillage of paint (Enguita, col. 8, lines 11-19); but does not teach configuring a first part of the lid to be movable between an open configuration and a closed configuration in relation to a second part of the lid, such that: when the first part of the lid is in the open configuration, the paint in the container is accessible by a user of the paint system.
Stern teaches configuring a first part (cover 21) of the lid (lid 1) to be movable between an open configuration (Stern Fig. 1 shows the cover 21 in the open position) and a closed configuration (Stern col. 5, lines 43-44) in relation to a second part (lid surface 3) of the lid, such that: when the first part of the lid is in the open configuration, the paint in the container is accessible by a user of the paint system (Stern, col. 5, lines 25-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lid having a first part, a hinge, and a second part of Stern with the portable paint system as taught by Eldridge modified by Enguita to allow access from outside to the paint inside the container when the lid is sealed over the container boundary and the first part is allowed to remain open (Stern, col. 5, lines 25-29).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. PGPUB 2019/0389242 A1 to Wager (“Wager”).
As to claim 6, Eldridge modified by Enguita teaches the portable paint system of claim 1, wherein the tray section of the container has a sloped section (Eldridge Fig. 5 shows the sloped portion 34); but does not teach the tray section of the container has a perforated sloped section.
Wager teaches wherein the tray section of the container has a perforated section (mesh 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the mesh of Wager to the container as taught by Eldridge modified by Enguita to remove contaminants when paint is poured into the tray through the mesh (Wager, pg. 2, ¶ 0030).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. Patent No. 8,636,145 B1 to Toleski (“Toleski”).
As to claim 9, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach wherein the bottom wall comprises at least one opening plugged by a plug, the at least one opening for draining paint from the paint reservoir when the plug is removed, with the container maintained substantially in an upright orientation.
Toleski teaches wherein the bottom wall (Toleski teaches a plug 108 is provided at a bottom portion of the container 101) comprises at least one opening plugged by a plug (plug 108), the at least one opening for draining paint from the paint reservoir when the plug is removed, with the container maintained substantially in an upright orientation (Toleski teaches the plug is removed to wash out the paint stored within the container).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the plug closing the opening of Toleski with the bottom wall as taught by Eldridge modified by Enguita to be able to remove the plug to assist in washing out paint stored within the container (Toleski, col. 5, lines 18-22).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. PGPUB 2016/0101646 A1 to Kiceniuk (“Kiceniuk”).
As to claim 11, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach configured for one of long or short term storage of paint, wherein the hermetic seal is achieved when the lid is placed in the closed configuration and wherein the aperture is plugged with an aperture plug to seal the aperture.
Kiceniuk teaches configured for one of long or short term storage of paint, wherein the hermetic seal is achieved when the lid (Kiceniuk lid 201) is placed in the closed configuration (Kiceniuk teaches the flap element 300 being configured to movably cover a notch 206 in the lid when no roller tool shaft is in place) and wherein the aperture is plugged with an aperture plug (moveable flap 300) to seal the aperture (Kiceniuk teaches the flap 300 covering the notch would maintain a vapor-tight seal when the lid is closed without a roller tool 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention add the movable flap of Kiceniuk with the lid as taught by Eldridge modified by Enguita to maintain a vapor tight seal when the lid is closed and a tool is not located in the aperture (Kiceniuk, pg. 8, ¶ 0159).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of U.S. PGPUB 2014/0001187 A1 to Neumann (“Neumann”).
As to claim 12, Eldridge modified by Enguita teaches the portable paint system of claim 1, but does not teach wherein the axial grooves on the surface of the tray section are configured to have a diamond shaped pattern for allowing even distribution of paint on the roller head when rolled on the diamond shaped pattern and to improve drainage of excess paint from the roller head to the paint reservoir.
Neumann teaches wherein the axial grooves on the surface of the tray section are configured to have a diamond shaped pattern (grid has diamond shaped marks raised above each surface M) for allowing even distribution of paint on the roller head when rolled on the diamond shaped pattern and to improve drainage of excess paint from the roller head to the paint reservoir (Neumann, pg. 1, ¶ 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the grid with diamond shapes of Neumann with the paint system as taught by Eldridge modified by Enguita to allow for a greater amount of liquid to be moved easily with less mess (Neumann, pg. 1, ¶ 0021).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Enguita further in view of Stern.
As to claim 19, Eldridge modified by Enguita teaches the method according to claim 17, but does not teach the method further comprising placing an insert inside the container atop the tray section and the reservoir section of the container, the insert is shaped and dimensioned to fully overlay the tray section and the paint reservoir section of the container; and maintaining a hermetic seal of the container when the lid is configured to be in the closed configuration for one of long or short term storage of paint in the container.
Allowable Subject Matter
Claims 5, 7, and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see pages 7-15, filed 02/23/2026, with respect to the rejection(s) of claim(s) 1-19 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references.
Conclusion
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON LYNN POOS whose telephone number is (571)270-7427. The examiner can normally be reached Mon-Thus 10-3 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.P/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 26 May 2026
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