DETAILED ACTION
Drawings
The figures (particularly figures 1-11) are objected to for using grayscale and solid shading in photographs, such that the figures fail to comply with 37 CFR 1.84(b)(1), 1.84(l), and 1.84(m). As described particularly in 37 CFR 1.84(b)(1), photographs should only be used when a drawing cannot adequately illustrate the subject matter. Appropriate action is required.
(b) Photographs.—
(1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
(m) Shading. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
Claim Objections
Claims 5 and 12 are objected to because of the following informalities: “wherein an attachment point” is believed to be in error for --wherein the attachment point--; and “above and an attachment” is believed to be in error for --above the attachment point--. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: “second end. is” is believed to be in error for --second end is--. Appropriate correction is required.
Claims 17 and 21 are objected to because of the following informalities: “hooking strap” is believed to be in error for --hooking said strap--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-14 and 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 8 recites the limitations “a paint sprayer having no wheels” and “two removably attachable wheel configured to attach to a portion of said paint sprayer”. It is unclear from the two contradictory limitations whether the paint sprayer comprises no wheels, as recited in the preamble, or two wheels, as recited in the body of the claim, rendering the claim vague and indefinite.
Claim 9-14 are rejected based upon their dependency upon claim 8.
Independent claim 19 recites “a paint sprayer having no wheels” and “attaching two wheels to said paint sprayer”. It is unclear from the two contradictory limitations whether the paint sprayer comprises no wheels, as recited in the preamble, or two wheels, as recited in the body of the claim, rendering the claim vague and indefinite.
Claim 20-22 are rejected based upon their dependency upon claim 19.
Allowable Subject Matter
Claims 1-4, 7, 15, 16 and 18 are allowed.
Claims 5, 6 and 17 are allowable except for the objections to the claims as written above.
The following is a statement of reasons for the indication of allowable subject matter: prior art fails to teach, in combination with the other limitations of independent claims 1 and 15, attachment points of said strap to said bucket transport apparatus and said paint sprayer cause a front portion of said paint sprayer to lift when said bucket transport apparatus is tilted back about said two or more bucket transport apparatus wheels such that said paint sprayer is supported by said two paint sprayer wheels allowing said bucket transport apparatus to move said paint sprayer on said two paint sprayer wheels. The closest prior art of Nushart 2021/0078049 teaches a paint sprayer and paint bucket on a single 4 wheeled cart, and Byrne 6,293,273 teaches a tank dolly that attaches to a cart. Neither Nushart or Byrne teach tilting a bucket transport back with a strap attached to a paint sprayer to allow the paint sprayer to be supported on two paint sprayer wheels.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571) 270 - 1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752