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 Amendment
In the Amended Claims of October 1, 2025, Claims 1-6 and 8-10 are pending. Claims 1, 8 and 9 are amended.
Drawings
Amended drawings and specification were received on September 10, 2025. These drawings are accepted.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doe (US 2012/0181286).
Regarding Claim 8, Doe discloses a nested paint pail system having an outer paint pail cavity (102), and plurality of paint pail inserts (103, 105), the nested paint pail system comprising an outer paint pail including the outer paint pail cavity, wherein the plurality of paint pail inserts are removably affixed in the outer paint pail cavity. The multiple paint pail inserts are removably affixed to the outer paint pail cavity using magnets (as discussed in Paragraph 0044, magnets may be used to secure the inner sleeves in the outer shell).
Regarding the additional limitations of 10/1/2025, Doe discloses the plurality of paint pail inserts are simultaneously inserted into the outer paint pail cavity laterally adjacent to one another as shown in Figures 1-4 and 10A.
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Regarding Claim 9, as discussed above, Doe discloses a nested paint pail system having an outer paint pail cavity, and plurality of paint pail inserts, the nested paint pail system comprising an outer paint pail including the outer paint pail cavity, wherein the plurality of paint pail inserts are configured to be positioned laterally adjacent one to the other when inserted in outer paint pail cavity, and the plurality of paint pail inserts are removably affixed in the outer paint pail cavity.
Regarding Claim 10, Doe discloses the plurality of paint pail inserts are removably affixed to the outer paint pail cavity using magnets.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Doe (US 2012/0181286) in view of Bryne (US 2007/0138190).
Regarding Claim 1, Doe discloses an outer paint pail (102) as discussed above. In an alternate embodiment as seen in Figures 10A and 10B and discussed in Paragraph 0052, the shape and size of the outer pail may be modified to the shape of outer shell 402 while with sidewalls defining a paint pail cavity. Furthermore, as discussed above, Doe discloses magnetic means used to affix the insert members (403, 405, and 407) in position.
Similarly, Doe discloses first, second and third inner sleeves that are configured to hold and store paint and are stored adjacent to one another as shown below in the reproduction of Figures 10A and 10B.
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While Doe discloses the use of magnets to secure inner sleeves in the outer shell (Paragraph 0064), Doe does not explicitly disclose the paint pail magnets are affixed to the rear side wall.
Bryne discloses a similar hand-held paint container comprising a magnet (111) affixed to the container rear sidewall. Doe and Bryne are analogous inventions in the art of paint containers with magnetic fastening means.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the outer shell and inner sleeve construction with magnetic fastening means as disclosed in Doe with the rear wall placement of such magnets as discussed in Bryne in order to enclose the magnet within the sidewall so that the interior of the container can be easily cleaned (Paragraph 0024). Such a rear-positioned magnet also may be used to secure a paintbrush within a reservoir (Paragraph 0024) and may be similarly positioned within the containers seen in Doe.
Regarding Claim 2, Doe discloses in an alternate embodiment how the first paint pail insert includes a first paint pail handle (rim 108) affixed to the first paint pail insert rear sidewall, wherein the first paint pail insert handle overhangs a portion of the paint pail top edge. This rim of the alternate embodiment may be incorporated into other embodiments as a known means to allow a user to grip the insert and remove it from the outer container or shell.
Regarding Claim 3, Byrne discloses the outer pail includes a textured surface (118) with ridges (120) that allows a user to remove excess paint from a paint roller (Paragraph 0025). A person having ordinary skill in the art would recognize and find obvious that this structure may be reproduced in the inserts of Doe as an obvious variation in the duplication of parts to further allow a roller be used with the insert.
Regarding Claim 4, Byrne discloses a pour spout (122) that allows the container to pour excess paint, water, or other fluid out of the container (Paragraph 0025). A person having ordinary skill in the art would recognize and find obvious that this structure may be reproduced in the insert of Doe as an obvious variation in the duplication of parts to further allow a user to pour fluid or paint out of the insert.
Regarding Claim 5, Byrne discloses the paint pail front sidewall includes a stabilizing support member (126 – Paragraph 0026).
Regarding Claim 6, while Byrne and Doe do not disclose a paint pail insert lid, it is known in the art of paint containers and receptacles to include a lid to close a paint container and store paint therein for later use. Please see Bergman (US 2002/0036206) Element 52 and Billado (US 2010/0140275) Element 12 for examples of known lids used in similar paint containers.
Response to Arguments
Applicant's arguments filed September 10, 2025 have been fully considered but they are not persuasive.
On Page 7, Applicant states that Doe (US 2012/0181286) cannot anticipate the present invention, as the present claims require multiple paint pail inserts positioned adjacent one another when included in the outer paint pail cavity as shown in Figure 17. Therefore, Doe cannot anticipate.
The Examiner respectfully disagrees.
As shown in Doe Figures 4 and 10A, multiple interior sleeves are positioned adjacent to one another in exactly the same manner as shown and claimed by Applicant. Please compare Applicant Figure 17 and Doe Figure 4.
Regarding Claim 1, Applicant also believes that while Bryne discloses a rear magnet, the insert structure of Doe only discloses a single insert and lacks dual simultaneous inserts.
The Examiner again respectfully disagrees.
In the present rejection, Doe quite explicitly discloses the insertion of multiple adjacent inserts using magnets as a removable fastening mechanism for holding such inserts in place. Bryne is relied upon to teach the rear-wall positioning of such magnets.
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 GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIDEON R WEINERTH/Primary Examiner, Art Unit 3736