/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 .
Specification
The disclosure is objected to because of the following informalities: in ¶ [0026], elements 11 and 12 are described as multiple parts such as rail, distal can holster due to mistyping. Appropriate correction is required.
Claim Objections
Claims 2, 9, 15 are objected to because of the following informalities: dependent on itself. Therefore, claim 2 is interpreted to depend from claim 1; claim 9 is interpreted to depend from claim 8; and claim 15 is interpreted to depend from claim 14. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-10, 13, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP H09118378A), in view of Morgan (US 6,016,620).
Regarding claim 1, Tanaka teaches a marker stick comprising: a. a rail (1) having a proximal end (near 16) and a distal end (near 9); b. a trigger grip (17) attached to the rail at its proximal end (Fig 1); d. a first can holster (11) connected to the rail at its distal end, the holster configured to hold a spray can (Fig 4); e. an engagement mechanism at the distal end of the rail operable by the trigger grip (comprised of 6, 2 & 3), the engagement mechanism configured to engage a spray valve of the spray can (Machine Translation Pg 2, section [0009]).
Tanaka teaches substantially all features of the claimed invention except for c. a forearm support attached to the trigger grip. Attention is directed to Morgan that teaches a forearm support (12 & 108) attached to the trigger grip (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a forearm support attached to the trigger grip, in view of Morgan's teaching. A forearm support would provide more stability of the device for the user while using said device, cause less fatigue and improve ergonomics.
Regarding claim 2, in addition to the limitations of claim 1, the already modified marker stick further teaches wherein the angle of the forearm support relative to the trigger grip can be set at a desired angle (via adjusting 15 & 16 of Tanaka).
Regarding claim 3, in addition to the limitations of claim 1, the already modified marker stick further teaches wherein the forearm support further comprises a rod 24; and a cuff (138) that is moveable along the rod to be closer to or farther away from the trigger grip (Morgan: Col 4, Ln 29-46).
Regarding claim 4, in addition to the limitations of claim 1, the already modified marker stick further teaches wherein the angle of the trigger grip relative to the rail is adjustable (via adjusting 15 & 16 of Tanaka).
Regarding claim 5, in addition to the limitations of claim 1, the already modified marker stick further teaches 5 wherein the angle of the trigger grip relative to the rail can be set at a desired angle (via adjusting 15 & 16 of Tanaka).
Regarding claim 6, in addition to the limitations of claim 1, the already modified marker stick further teaches 6 wherein the rail length is adjustable (Tanaka Machine Translation Pg 2, section [0005], last 3 lines).
Regarding claim 7, in addition to the limitations of claim 1, the already modified marker stick further teaches wherein the length of the device between the trigger grip and the nozzle of the spray can is adjustable (via 14 & 15 of Tanaka; MT Pg 2, section [0005], last 3 lines).
Regarding claim 8, Tanaka teaches a marker stick comprising: a. a rail (1) having a proximal end (near 16) and a distal end (near 9); b. a trigger grip (17) attached to the rail at its proximal end (Fig 1); d. a first can holster (11) connected to the rail at its distal end, the holster configured to hold a spray can (Fig 4); e. a pull rod (6) connected to the trigger and extending to a cam assembly (9, 2, 3, & 8) at the distal end of the rail, wherein the cam assembly is connected to an actuator (19) configured to move perpendicularly to a spray valve of the spray can (Machine Translation Pg 2, section [0009]).
Tanaka teaches substantially all features of the claimed invention except for c. a forearm support attached to the trigger grip. Attention is directed to Morgan that teaches a forearm support (12 & 108) attached to the trigger grip (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a forearm support attached to the trigger grip, in view of Morgan's teaching. A forearm support would provide more stability of the device for the user while using said device, cause less fatigue and improve ergonomics.
Regarding claim 9, in addition to the limitations of claim 8, the already modified marker stick further teaches 6 wherein the rail length is adjustable (Tanaka: Machine Translation Pg 2, section [0005], last 3 lines).
Regarding claim 10, in addition to the limitations of claim 8, the already modified marker stick further teaches wherein the length of the device between the trigger grip and the nozzle of the spray can is adjustable (via 14 & 15 of Tanaka; MT Pg 2, section [0005], last 3 lines).
Regarding claim 16, Tanaka teaches a marker stick comprising: a. a rail (1) having a proximal end (near 16) and a distal end (near 9); b. a trigger grip (17) pivotably attached to the rail at its proximal end (via 15 & 16); d. a first can holster (11) connected to the rail at its distal end, the holster configured to hold a spray can (Fig 4); e. an actuator (19) operable by the trigger (Machine Translation Pg 2, section [0009]).
Tanaka teaches substantially all features of the claimed invention except for c. a forearm support pivotably attached to the trigger grip. Attention is directed to Morgan that teaches a forearm support (12 & 108) pivotably attached (via 116; Col 5, Ln 29-34) to the trigger grip (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a forearm support pivotably attached to the trigger grip, in view of Morgan's teaching. A forearm support that also pivots would provide more stability of the device for the user while using said device, cause less fatigue and improve ergonomics.
Regarding claim 17, in addition to the limitations of claim 16, the already modified marker stick further teaches wherein the forearm support further comprises a rod 24; and a cuff (138) that is moveable along the rod to be closer to or farther away from the trigger grip (Morgan: Col 4, Ln 29-46).
Regarding claim 18, in addition to the limitations of claim 16, the already modified marker stick further teaches an adjustable strap (Morgan: 142, 144, adjustable via 152; Fig 7) that cooperates with the cuff to hold the user’s forearm securely in the cuff against the rod (Morgan: Col 5, Ln 50-60).
Regarding claim 19, in addition to the limitations of claim 16, the already modified marker stick further teaches 6 wherein the rail length is adjustable (Tanaka Machine Translation Pg 2, section [0005], last 3 lines).
Regarding claim 20, in addition to the limitations of claim 16, the already modified marker stick further teaches wherein the length of the device between the trigger grip and the nozzle of the spray can is adjustable (via 14 & 15 of Tanaka; MT Pg 2, section [0005], last 3 lines).
Claim(s) 11-12, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Tanaka, as applied in claim 8.
Regarding claims 11, 14 and 15, the modified device of Tanaka is silent regarding a paint deflector attached to the distal end of the first can holster, at least one loop, and a carrying sling connected to the at least one loop.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to add a paint deflector, at least one loop, and a carrying sling connected to the at least one loop as a matter or design choice, since it was known in the art that paint deflectors, loops and carrying slings connected to loops are old and well known and used in many industries. Applicant also has not disclosed that paint deflectors, loops and carrying slings connected to loops achieve any unexpected result other than an already known results of deflecting paint and portability. Therefore, it would have been prima facie obvious to further modify Tanaka to arrive at the claimed invention as specified in claims 11, 14-15 because such a modification would have been a mere design consideration. (See MPEP 2144.04 (IV)(A)).
Regarding claim 12, the modified device of Tanaka is silent regarding a second can holster connected to the rail between the first can holster and the trigger grip.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use at second can holster between the first can holster and the trigger grip as a matter of design choice, since it had been held that mere duplication of essential working parts of a device involves only ordinary skill in the art. Applicant also has not disclosed that adding a second can holster achieve any unexpected result other than an already known results of using spray paint cans to surfaces. Therefore, it would have been prima facie obvious to further modify Tanaka to arrive at the claimed invention as specified in claims 12 because such a modification would have been a mere design consideration. (See MPEP 2144.04 (IV)(A)).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Tanaka, as applied in claim 8, in further view of Carrette (US 8,656,857).
Regarding claims 13, the modified device of Tanaka is silent regarding a flag holder connected to the rail.
Attention is directed to Carrette that teaches a flag holder (34, Fig 14A) connected to the rail (100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a flagholder to the rail, in view of Carrette's teaching. A flag holder that holds flags is often added to spray paint marking devices as an additional method of making a mark or indication on a surface when using spray paint would not be as effective.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10,315,834 to Carrette is directed to the state of the art as relevant teachings of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER C CHIANG whose telephone number is (571)270-5613. The examiner can normally be reached Mon-Fri 10 AM- 6 PM EST.
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/JENNIFER C CHIANG/Primary Examiner, Art Unit 3754