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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, and 10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ducharme et al. [US2020/0317385, “Ducharme”].
Ducharme discloses a device capable of applying a material to a surface, comprising: a handle (96) defining a longitudinal axis (paragraph 0033, 0039; Figures 1A, 2A, 3A, 3B, 3C, 6, 7, 8 and 10 show an elongated portion extending from an applicator and the elongated portions can be considered a handle); a base connected to a distal end of the handle (for example Figure 1A shows a base 59 connected to a distal end of a handle 58, and Figures 1A, 2A, 3A, 3B, 3C, 6, 7, 8 and 10 show a component that can be considered a base connected to a distal end of a handle); a tool assembly, including: a support member affixed to the base (Figures show several components that can be considered a support member, for example inner layer 52 in Figure 1A can be considered a support member); an attachment mechanism including at least one plate configured to secure the material to the tool assembly (restraints 54; Figure 1A; paragraph 0028); and an actuator (55) configured to enable the attachment mechanism to secure the material to the tool assembly during operation of the device (Figure 1A; paragraph 0027).
With respect to claim 2, it is noted the claim is directed toward the material which is considered to be the material worked upon by the device. The device of Ducharme would be capable or working upon a material with a print layer and an adhesive layer. Additionally, Ducharme discloses a label having a print layer and an adhesive (paragraph 0029).
With respect to claim 3, Ducharme discloses the actuator (55) is configured to cause attachment of the print layer to the at least one plate or movement of the at least one plate (actuator 55 is configured to move restraints 54 to a position where restraints hold the print layer, paragraph 0028, Figure 1A).
With respect to claim 4, Ducharme discloses the actuator (55) in a configuration to transfer the adhesive layer to the surface (paragraph 0028, Figure 1A).
With respect to claim 5, Ducharme discloses the handle as a rod (Figures 1A, 2A, 3A, 3B, 3C, 6, 7, 8 and 10).
With respect to claim 6, Ducharme discloses the support member includes a first wall and a second wall perpendicular to the longitudinal axis, and a third wall parallel to the longitudinal axis (for example 59, 52, 62, 84 include walls shown as horizontal components in the figures that are perpendicular to the longitudinal axis, and a third wall shown as a vertical component in the figures that are parallel to the longitudinal axis).
With respect to claim 8, Ducharme discloses the attachment mechanism includes a plurality of jaw members (edge restraints 54; Figure 1A; paragraph 0028).
With respect to claim 10, Ducharme discloses the base includes a first base portion and a second base portion (Figures 1A-B).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ducharme in view of Calman et al. [US2014/0027037, “Calman”].
Ducharme discloses a device. Applicant is referred to paragraph 3 for a detailed discussion of Ducharme. Ducharme discloses a handle, but fails to disclose the material the handle is fabricated from.
Calman discloses a device capable of applying a material to a surface. Calman discloses the device includes a handle and suggests a handle made of aluminum (paragraph 0011), and suggests the device can be made of aluminum, plastics and wood, wherein the handle is made of a material to be sturdy, lightweight and to withstand the force necessary to apply the adhesive sheet material (paragraph 0027).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Ducharme by fabricating the handle of aluminum as taught by Calman in order to make the handle sturdy, lightweight and able to withstand the adhesive sheet application forces.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ducharme in view of Haider [US5221408].
Ducharme discloses a device. Applicant is referred to paragraph 3 for a detailed discussion of Ducharme. Ducharme an actuator but fails to disclose a hand rest ball, a clip handle or a switch.
Haider discloses a device capable of applying a material to a surface. Haider discloses device includes a clip (16) to hold an edge of a label, and the clip includes a clip handle (20) that actuated to open the clip so that the label can be inserted or released from the clip (Figure 1; column 2, line 60-column 3, line 16).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Ducharme by including a clip handle that can be actuated remotely with a cable as taught by Haider in order to simplify the operation of the actuator from a distance and protect the user at safe distance from the surface to which the label will be applied.
Claims 11-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Calman, Haider, and Moore [US6533015].
Calman discloses a device for applying a material to a surface comprising: a handle (220) defining a longitudinal axis (Figure 2); a base including: a first base portion connected to a distal end of the handle (elongated member 141 is numbered in Figure 1 and shown in Figure 2); and a second base portion (numbed 100 in Figure 2 and extending out of the handle 220; Figure 2); wherein the first base portion extends in a direction perpendicular to the longitudinal axis (Figures 1 and 2 show the elongated member 141 is perpendicular to the longitudinal axis) and the second base portion extends in a direction parallel to the longitudinal axis (member numbered 100 extends parallel to the longitudinal axis); a tool assembly, including: a support member affixed to the base, including: a plurality of walls (roller support member 144, numbered in Figure 1 and shown in Figure 2); a roller (130; numbered in Figure 1 and shown in Figure 2) configured to thread the material thereon, the roller including a pin (133 numbered in Figure 1, shown in Figure 2) connecting the roller to the plurality of walls.
Calman discloses a device but fails to disclose an attachment mechanism.
Haider discloses a device for applying a material to a surface including an attachment mechanism, including: first and second jaw members configured to secure the material to the tool assembly (clip 16 shown as having two jaw members; Figure 6); and an actuator configured to enable the attachment mechanism to secure the material to the tool assembly during operation of the device, wherein actuation of actuator causes the first jaw member and the second jaw member to spread apart, allowing placement of the material therebetween (clip handle 20 is actuated by cable 26 to open the jaws of the clip; Figure 6; column 2, line 60 – column 3, line 16).
Calman discloses a roller but fails to disclose the roller as including a recess and a plurality of edges.
Moore discloses a device for applying an adhesive label. Moore discloses device includes a roller wherein the roller includes at least one recess (82); and a plurality of edges (84 and 85) configured to contact at least one edge of a print layer of the material (Figure 6; column 13, lines 10-23).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Calman by including an attachment mechanism as taught by Haider in order to secure the adhesive sheet to the device and thereby improving the handling and placement of the material; and to modify the device by giving the roller at least one recess and a plurality of edges as taught by Moore in order to provide improved pressure and placement of the adhesive material on the surface.
With respect to claim 12, it is noted the claim is directed toward the material which is considered to be the material worked upon by the device. The device of Calman as modified would be capable or working upon a material with a print layer and an adhesive layer.
With respect to claim 13, Calman as modified would include all of the structure required so that a center of the print layer is configured to be suspended above the at least one recess of the roller to prevent the plurality of edges from smudging the center of the print layer, as the Moore discloses a roller with a recessed central region (Moore Figure 6).
With respect to claim 14, Haider discloses a clip where actuation of the actuator further causes the device to mate the first jaw member and the second jaw member together to secure the material therebetween (Figure 6; column 2, line 60 – column 3, line 16).
With respect to claim 16, Haider discloses the actuator is a clip handle, and the first and second jaw members are configured to extend axially in opposing directions (Figure 6; column 2, line 60 – column 3, line 16).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Calman, Haider, Moore, and further in view of Garman [US2822712].
Calman as modified discloses a device. Applicant is referred to paragraph 7 for a detailed discussion of Calman as modified. Calman as modified includes a clip with jaws and an actuator to open the jaws by extending the jaws outward in opposition directions perpendicular to the longitudinal axis as taught by Haider. Calman as modified does not disclose a hand ball rest.
Garman discloses device including gripping jaws. Garman discloses a ball grip handle (21) configured to actuate and gripping jaws of the device will open or closed with actuation of the ball grip handle (Figure 1; column 5, lines 44-69; column 6, lines 19-28).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Calman by including a ball grip actuator as taught by Garman in order to improve grip and comfort when using the device.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ducharme in view of Ambartsoumian [WO2022/020953].
Ducharme discloses a device capable of applying a material to a surface, comprising: a handle (96) defining a longitudinal axis (paragraph 0033, 0039; Figures 1A, 2A, 3A, 3B, 3C, 6, 7, 8 and 10 show an elongated portion extending from an applicator and the elongated portions can be considered a handle); a base including a first base portion connected to a distal end of the handle and a second base portion (for example Figure 1A shows a base 59 connected to a distal end of a handle 58, and Figures 1A, 2A, 3A, 3B, 3C, 6, 7, 8 and 10 show a component that can be considered a base connected to a distal end of a handle); a tool assembly, including: a support member affixed to the base (Figures show several components that can be considered a support member, for example inner layer 52 in Figure 1A can be considered a support member); an attachment mechanism configured to secure the material to the tool assembly (restraints 54; Figure 1A; paragraph 0028); and an actuator (55) configured to enable the attachment mechanism to secure the material to the tool assembly during operation of the device (Figure 1A; paragraph 0027).
Ambartsoumian discloses a device including an attachment mechanism including an electromagnet which implicitly includes a power source to power the electromagnet (paragraphs 0077, 0082). Ambartsoumian discloses the magnetic force of the electromagnet can be increased, decreased or stopped and discloses the use of an actuator in the form of a case, dial or control interface (paragraph 0077, 0082).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Ducharme by including a magnetic attachment device in the form of an electromagnet with actuator and power source as taught by Ambartsoumian in order to improve control over the attraction force and prevent contamination and contact with the adhesive.
With respect to claim 18, it is noted the material is considered the material worked upon and the device of Ducharme as modified would be capable of working upon a material as described in the claim. Ambartsoumian discloses an electromagnet in a configuration to adhere to the print layer to prevent the at least one magnet from smudging a center of the print layer.
With respect to claim 19, Ambartsoumian discloses the magnet is an electromagnet which implies it is driven by the power source (paragraph 0077,0082).
With respect to claim 20, Ambartsoumian discloses a dial which is a type of switch (paragraph 0077).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPMNovember 9, 2025