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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-15) in the reply filed on 1/26/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/5/2023 is being considered.
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 1-8 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shulman (US 3.263,259).
Regarding claim 1, Shulman discloses a paint brush comprising:
an elongated handle (Item 20) having an upper portion and a lower portion (Item 21);
bristles (Item 12) operatively attached to the lower portion of the handle with a ferrule (Item 10); and
an adhesive attachment of the ferrule to the lower portion of the handle, wherein the adhesive attachment includes an engagement of a mass of adhesive within one or more pockets (Items 25, 32 and/or 33) in the lower portion of the handle, and an engagement of the mass of adhesive with an internal surface of the ferrule (Item 13),
wherein the lower portion of the handle includes one or more flow passages that provide a fluid connection to each of the one or more pockets to facilitate and/or permit flow of the adhesive into the one or more pockets when manufacturing the paint brush (Figure 2).
Regarding claim 2, Shulman discloses the paint brush according to claim 1, wherein the engagement of the mass of adhesive with the handle and/or the ferrule includes a mechanical engagement (the mass of adhesive forms inside the pocket at Item 13, 25, 32, and 33).
Regarding claim 3, Shulman discloses the paint brush according to claim 1, wherein the engagement of the mass of adhesive with the handle and/or the ferrule includes a chemical bonding engagement (the mass of adhesive forms inside the pocket at Item 13, 25, 32, and 33, then cures. Further this in an apparatus claim, the chemical reaction that occurs during the manufacturing steps are considered manufacturing steps which would be associated with a method claim).
Regarding claim 4, Shulman discloses the paint brush according to claim 1, wherein at least one flow passage is associated with each pocket, and each of the at least one flow passages is formed as a channel in a bottom surface of the lower portion of the handle (Items 25, 23, and 33 are filled from underneath).
Regarding claim 5, Shulman discloses the paint brush according to claim 4, wherein each of the respective channels opens toward the side of the lower portion of the handle (figure 2).
Regarding claim 6, Shulman discloses the paint brush according to claim 4, wherein one or more vent passages are associated with each of the one or more pockets, the one or more vent passages being configured to fluidly connect the respective one or more pockets with an external atmosphere (at item 21 as item 20 is pressed down).
Regarding claim 7, Shulman discloses the paint brush according to claim 1, wherein opposite sides of the lower portion of the handle each includes two pockets laterally offset and spaced apart from each other by a wall (Items 32 and 33, separated by Item 23).
Regarding claim 8, Shulman discloses the paint brush according to claim 1, wherein the one or more pockets are formed as a recess in a side of the lower portion of the handle, and form a ledge and/or overhang that cooperate with the mass of adhesive to secure the adhesive relative to the handle (Items 32 and 33 allows for the adhesive to flow in and cure).
Regarding claim 10, Shulman discloses the paint brush according to claim 1, wherein the mass of adhesive is formed by a curable adhesive that is flowable in liquid form prior to cure, and then can cure into a hardened solid to form the mass of adhesive (Column 2 Lines 45-57).
Regarding claim 11, Shulman discloses the paint brush according to claim 1, wherein the internal surface of the ferrule includes one or more laterally protruding structures that engage with the mass of adhesive (Item 13).
Regarding claim 12, Shulman discloses the paint brush according to claim 11, wherein the one or more laterally protruding structures include one or more outwardly protruding grooves that receive portions of the mass of adhesive (Figure 2).
Regarding claim 13, Shulman discloses the paint brush according to claim 1, wherein the adhesive includes an epoxy, thermoset rubber, urethanes, hot melt adhesives, polyester resins, silicone rubber, or combinations thereof (Column2 Lines 45-47).
Regarding claim 14, Shulman discloses the paint brush according to claim 1, wherein the mass of adhesive also operatively attaches upper ends of the filaments to the internal surface of the ferrule (Figure 2).
Regarding claim 15, Shulman discloses the paint brush according to claim 1, wherein the ferrule is attached to the handle without crimping or without fasteners (The disclosure doesn’t discuss crimping, pressing or using fasteners).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shulman (US 3.263,259) in view of Hunt (US3,153,801) and in view of Sauvant (FR1211201A) as evidence.
Regarding claim 9, Shulman discloses the paint brush according to claim 1. Shulman fails to explicitly disclose wherein the one or more pockets includes two pockets on one side of the lower portion of the paint brush handle corresponding with a front face of the handle, which are a mirror image of two additional pockets on an opposite side of the lower portion of the handle corresponding with a rear face of the handle.
Hunt teaches a paint brush wherein the one or more pockets includes two pockets on one side of the lower portion of the paint brush handle corresponding with a front face of the handle, which are a mirror image of two additional pockets on an opposite side of the lower portion of the handle corresponding with a rear face of the handle (Figure 4, the dovetail ends are on the front and back locking the epoxy in place). 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 lower portion of the handle of Shulman to be similar to that taught by Hunt. Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). The designs of both Hunt and Shulman are known configurations to sufficiently hold the handle in place when adhesive is cured internally. Further, as discussed in on the top of page 3 of the translation provided, Sauvant teaches that the design of the lower portion can be modified in several manners, but all are equivocal and hold the same function of securing the lower portion within the hardened adhesive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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/TOM RODGERS/Primary Examiner, Art Unit 3723