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 .
Response to Amendments
The Examiner acknowledges the amendments. The previous rejections are withdrawn. New rejections are set forth herein and are made final.
Claim Objections
Claims 1, 8 and 9 are objected to because of the following informalities:
Claim 1 should read “adhesive flows into the plurality of pockets when manufacturing the paint brush.”
Claim 8 should read “wherein the plurality of pockets are formed as a recess”
Claim 9 should read “wherein the plurality of pockets includes two pockets”
Appropriate correction is required.
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 1-3, 5, 7-8 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shulman (US 3.263,259) in view of Weiss (US 3,090,063).
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 attaching the ferrule to the lower portion of the handle, wherein the adhesive engages a plurality of pockets (Items 25, 32 and/or 33) in the lower portion of the handle, and an internal surface of the ferrule (Item 13),
the lower portion of the handle includes a plurality of flow passages and a plurality of vent passages;
each of the plurality of flow passages is formed as a channel in a bottom surface of the lower portion of the handle; and
at least one of the plurality of flow passages and at least one of the plurality of vent passage are associated with each of the plurality of pockets, such that:
the one or more flow passages provide a fluid connection to each of the plurality of pockets; and
adhesive flows into the plurality of pockets when manufacturing the paint brush.
Shulman fails to explicitly disclose each of the plurality of vent passages is internal to the lower portion of the handle and extends internally through the handle body from one of the plurality of pockets to an external atmosphere; and the plurality of vent passages provide a fluid connection between each of the plurality of pockets and the external atmosphere.
Weiss teaches a paint brush wherein each of the plurality of vent passages is internal to the lower portion of the handle and extends internally through the handle body from one of the plurality of pockets to an external atmosphere; and the plurality of vent passages provide a fluid connection between each of the plurality of pockets and the external atmosphere (Item 50, Column 1 Lines 45- Column 2 Line 34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shulman to provide a vent (or fill) to each of the pockets as taught by Weiss. Such a modification would help in an ease of assembling parts while providing an attractive final form (Weiss Column 1 Lines 13-19).
Regarding claim 2, Shulman in view of Weiss disclose 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 (Shulman the mass of adhesive forms inside the pocket at Item 13, 25, 32, and 33).
Regarding claim 3, Shulman in view of Weiss disclose 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 (Shulman 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 5, Shulman in view of Weiss disclose the paint brush according to claim 4, wherein each of the respective channels opens toward the side of the lower portion of the handle (Shulman figure 2).
Regarding claim 7, Shulman in view of Weiss disclose 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 (Shulman Items 32 and 33, separated by Item 23).
Regarding claim 8, Shulman in view of Weiss disclose 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 (Shulman Items 32 and 33 allows for the adhesive to flow in and cure).
Regarding claim 10, Shulman in view of Weiss disclose 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 (Shulman Column 2 Lines 45-57).
Regarding claim 11, Shulman in view of Weiss disclose 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 (Shulman Item 13).
Regarding claim 12, Shulman in view of Weiss disclose 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 (Shulman Figure 2).
Regarding claim 13, Shulman in view of Weiss disclose 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 (Shulman Column2 Lines 45-47).
Regarding claim 14, Shulman in view of Weiss disclose 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 (Shulman Figure 2).
Regarding claim 15, Shulman in view of Weiss disclose the paint brush according to claim 1, wherein the ferrule is attached to the handle without crimping or without fasteners (Shulman The disclosure doesn’t discuss crimping, pressing or using fasteners).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shulman (US 3.263,259) in view of Weiss (US 3,090,063) in view of Hunt (US3,153,801) and in view of Sauvant (FR1211201A) as evidence.
Regarding claim 9, Shulman in view of Weiss disclose the paint brush according to claim 1. Shulman fails to explicitly disclose wherein the plurality of 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.
Response to Arguments
Applicant’s arguments, filed 5/19/2026, with respect to the rejection(s) of claim(s) 1 under 102-Shulman 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 103- Shulman in view of Weiss.
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 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
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