Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 5-29-26 and this office action is a final rejection.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the rotation of the distal ends of the plates in claim 5 and the hinge portions of claims 8 and 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
3. 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 11-14 and 23 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.
Claims 11, 13 and 23 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. It is unclear as to whether the at least one resilient tab detailed in each of claims 11, 13 and 23 is the same or different than the resilient tab detailed in parent claim 1. Further, it is unclear as to whether the at least one corresponding slot detailed in each of claims 11, 13 and 23 is the same or different than the corresponding slot detailed in parent claim 1. Specific to claim 13, it is unclear to whether the at least one resilient tab and the at least one corresponding slot are the same or different than those claimed in parent claim 11.
Claim Rejections - 35 USC § 103
4. 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, 5, 7-9, 11-14, 16-17, 20-21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,237,579 to Salmon.
Referring to claim 1, Salmon discloses a paintbrush having adjustable control of bristle length, the paintbrush comprising, a handle – at 22, a plurality of bristles – at 28, an inner ferrule – at portion of 9 containing item 10 between items 22 and 28 as seen in figure 4, for mounting the bristles – at 28, to the handle – at 22 – see figure 4, the inner ferrule having a proximal end adjacent the handle – at 22 – see figure 4, and a distal end adjacent the bristles – at 28 – see figure 4, characterized in that the paintbrush further comprises an outer ferrule – at 11,12, mounted on the inner ferrule – see via 10 and 14-19 in figures 4-5, wherein the outer ferrule comprises at least one moveable portion – at 11,12, having proximal and distal ends – see figures 4-5, the at least one moveable portion comprising two independent plates – at 11 and 12, a front plate – at 11, and a rear plate – at 12 – see figures 4-5, the at least one moveable portion is arranged to surround the bristles – at 28 – see figures 4-5, and the at least one moveable portion – at 11,12, has a retracted position wherein it is positioned over the inner ferrule with the distal end of the at least one moveable portion positioned adjacent the distal end of the inner ferrule – see movable via items 14-19 into the position of figure 6, and wherein the at least one moveable portion – at 11,12, can be moved from the retracted position along the bristles – at 28, to an extended position wherein the at least one moveable portion – at 11,12, surrounds the bristles – at 28, along at least a portion of the length of the bristles – at 28 – see movable via items 14-19 into the position of figure 7, the extended position being selected to provide a desired amount of bristle – at 28, length beyond the distal end of the moveable portion – at 11,12, or to extend beyond the length of the bristles – at 28 – see desired amount of bristle length beyond the distal end of the moveable portion – at 11,12 in figures 4-7. Salmon further discloses the catch mechanism comprises at least one tab – at 14,16,17, on the at least one moveable portion – at 11,12, - see figures 4-5, and at least one corresponding slot – at 10, on the inner ferrule – see figures 4-5. Salmon does not disclose the at least one tab is resilient. However, it would have been obvious to one of ordinary skill in the art to take the device of Salmon have the at least one tab be resilient as claimed, so as to yield the predictable result of allowing the tab to be easily moved into different positions as desired to assemble the components of the device together.
Referring to claim 5, Salmon further discloses the proximal ends – at 21 and 24, of the front plate and the rear plate – at 11,12, are moved apart to rotate the distal ends of the plates – at 13,23, together to compress bristles – at 28, at the distal ends of the plates – at 11,12, as the at least one moveable portion is moved towards an extended position – see figures 4-7 where upon loosening of item 16 on item 14 items 21,24 are capable of moving apart so that rotation of items 13,23 about item 14 can be made to move items 13,23 closer together and in contact with the bristles – at 28.
Referring to claim 7, Salmon further discloses the inner ferrule – at portion of 9 containing item 10 between items 22 and 28 as seen in figure 4, comprises a wedge – see outer surface containing item 10 as seen in figure 4, the wedge shaped to assist in forcing the distal ends – at 21,23, of the plates – at 11,12, together as the plates – at 11,12, are moved to an extended position – see figure 4-7 where the outer surface of 9 proximate 10 allows for the proximal ends of the plates – at 11,12 at 21,24 to be spaced apart allowing the distal ends – at 21,23 to be located close together as seen in figure 4.
Referring to claims 8 and 20, Salmon further discloses the front plate – at 11, and the rear plate – at 12, are connected by a hinge portion – at 14, and are arranged to rotate from a position where the plates – at 11,12, are parallel to one another – see figures 4-6, to a position where the distal ends of the plates – at 21,23, are moved closer to each other – see for example figures 5 and 7 where upon loosening of item 16 on item 14 items 21,24 are capable of moving apart so that rotation of items 13,23 about item 14 can be made to move items 13,23 closer together and in contact with the bristles – at 28.
Referring to claims 9 and 21, Salmon further discloses the front plate – at 11, and the rear plate – at 12, are different lengths – see figure 5.
Referring to claims 11 and 23, Salmon further discloses a releasable catch mechanism – at 14-19, mounted on one or both of the inner ferrule and the at least one movable portion – see on both in figures 4-5, the catch mechanism – at 14-19, being released to allow at least one moveable portion – at 11,12, to move – see released via item 16 in figures 4-5. Regarding the 35 U.S.C. 112(f) means plus function analysis with respect to the claimed releasable catch mechanism items 14-19 of Salmon comprise tabs – at 14-17 and slots – at 18-19 as disclosed by applicant, and the catch mechanism comprises at least one tab – at 14,16,17and at least one corresponding slot – at 10,18,19 – see figures 4-5. Salmon does not disclose the at least one tab is resilient. However, it would have been obvious to one of ordinary skill in the art to take the device of Salmon have the at least one tab be resilient as claimed, so as to yield the predictable result of allowing the tab to be easily moved into different positions as desired to assemble the components of the device together.
Referring to claim 12, Salmon further discloses the catch mechanism is operable at set positions to retain the at least one moveable portion – at 11,12, in preselected positions over the bristles – at 28 – see figures 4-7 with set positions along items 18-19.
Referring to claim 13, Salmon further discloses Salmon further discloses the catch mechanism comprises at least one tab – at 14,16,17, on the at least one moveable portion – at 11,12, - see figures 4-5, and at least one corresponding slot – at 10, on the inner ferrule – see figures 4-5. Salmon does not disclose the at least one tab is resilient. However, it would have been obvious to one of ordinary skill in the art to take the device of Salmon have the at least one tab be resilient as claimed, so as to yield the predictable result of allowing the tab to be easily moved into different positions as desired to assemble the components of the device together.
Referring to claim 14, Salmon further discloses the at least one corresponding slot comprises at least two slots – at 18,19, are arranged at set positions to retain the at least one moveable portion – at 11,12, in preselected positions relative to the length of the bristles – at 28 – see figures 4-7.
Referring to claim 16, Salmon further discloses the at least one moveable portion – at 11,12, is arranged to compress the bristles – at 28, as the at least one moveable portion – at 11,12, is moved towards the end of the bristles – at 28 – see via items 13 and 23 in figures 4-7.
Referring to claim 17, Salmon further discloses the bristles – at 28, have a left side and a right side – see figures 4-5, and the at least one moveable portion – at 11,12, is longer at one of the left or right sides than the other of the sides – see longer – at 11 in figures 4-5, such that the distal end – at 21,23, of the at least one moveable portion – at 11,12, is positioned diagonally with respect to the distal end of the inner ferrule – at 9 containing 10 – see diagonal at items 13,21,23,24,26,27 in figures 4-5.
Claim(s) 6 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salmon as applied to claims 1 or 5 above, and further in view of U.S. Patent No. 987,277 to Wright.
Referring to claims 6 and 18, Salmon further discloses top and bottom plates – at 11 and 12 but does not disclose the inner ferrule comprises at least one pair of grooves, the grooves converging towards the distal end of the inner ferrule, and the front plate comprises at least one tab that engages with one of the pair of grooves and the rear plate comprises at least one tab that engages with the other of the pair of grooves. Wright does disclose the inner ferrule – at 1 proximate 2, comprises at least one pair of grooves – at 4 – see figures 1-5 and lines 47-51, the grooves – at 4, converging towards the distal end of the inner ferrule – at 1 proximate 2 – see at 4 in figures 1-2 which extend/converge from the handle to the distal end at connection of 1,2, and the front portion – top of 3, comprises at least one tab – at 5, that engages with one of the pair of grooves – at 4 – see figures 1-5, and the rear portion – at bottom of 3, comprises at least one tab – other of items 5, that engages with the other of the pair of grooves – at 4 – see figures 1-5. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Salmon and add the grooves and tabs of Wright, so as to yield the predictable result of reliably moving and securing the inner and outer ferrules with respect to each other during use.
Referring to claim 19, Salmon as modified by Wright further discloses the inner ferrule – at portion of 9 containing item 10 between items 22 and 28 as seen in figure 4 of Salmon, comprises a wedge – see outer surface containing item 10 as seen in figure 4 of Salmon, the wedge shaped to assist in forcing the distal ends – at 21,23, of the plates – at 11,12, together as the plates – at 11,12, are moved to an extended position – see figure 4-7 of Salmon where the outer surface of 9 proximate 10 allows for the proximal ends of the plates – at 11,12 at 21,24 to be spaced apart allowing the distal ends – at 21,23 to be located close together as seen in figure 4 of Salmon.
Claim(s) 10 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salmon as applied to claims 1 or 5 above, and further in view of U.S. Patent No. 4,847,939 to Derencsenyi et al.
Referring to claims 10 and 22, Salmon does not disclose the at least one moveable portion is retained in set positions by means of corresponding dimples and bumps on an outer surface of the inner ferrule and an inner surface of the at least one moveable portion. Derencsenyi et al. does disclose the at least one moveable portion – at 10, is retained in set positions by means of corresponding dimples and bumps – at 12 and between 12, on an inner surface – at 3,3’, of the at least one moveable portion – at 10 – see figure 7. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Salmon and add the dimples and bumps of Derencsenyi et al., so as to yield the predictable result of removably securing the movable portion to the inner ferrule as desired. Salmon as modified by Derencsenyi et al. does not disclose the dimples and bumps are on an outer surface of the inner ferrule. However, it would have been obvious to one of ordinary skill in the art to take the device of Salmon as modified by Derencsenyi et al. and have the dimples and bumps on the outer surface of the inner ferrule as claimed, so as to yield the predictable result of removably securing the movable portion to the inner ferrule as desired.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salmon in view of Wright.
Referring to claim 24, Salmon discloses a paintbrush having adjustable control of bristle length, the paintbrush comprising, a handle – at 22, a plurality of bristles – at 28, an inner ferrule – at portion of 9 containing item 10 between items 22 and 28 as seen in figure 4, for mounting the bristles – at 28, to the handle – at 22 – see figure 4, the inner ferrule having a proximal end adjacent the handle – at 22 – see figure 4, and a distal end adjacent the bristles – at 28 – see figure 4, characterized in that the paintbrush further comprises an outer ferrule – at 11,12, mounted on the inner ferrule – see via 10 and 14-19 in figures 4-5, wherein the outer ferrule comprises at least one moveable portion – at 11,12, having proximal and distal ends – see figures 4-5, the at least one moveable portion comprising two independent plates – at 11 and 12, a front plate – at 11, and a rear plate – at 12 – see figures 4-5, the at least one moveable portion is arranged to surround the bristles – at 28 – see figures 4-5, and the at least one moveable portion – at 11,12, has a retracted position wherein it is positioned over the inner ferrule with the distal end of the at least one moveable portion positioned adjacent the distal end of the inner ferrule – see movable via items 14-19 into the position of figure 6, and wherein the at least one moveable portion – at 11,12, can be moved from the retracted position along the bristles – at 28, to an extended position wherein the at least one moveable portion – at 11,12, surrounds the bristles – at 28, along at least a portion of the length of the bristles – at 28 – see movable via items 14-19 into the position of figure 7, the extended position being selected to provide a desired amount of bristle – at 28, length beyond the distal end of the moveable portion – at 11,12, or to extend beyond the length of the bristles – at 28 – see desired amount of bristle length beyond the distal end of the moveable portion – at 11,12 in figures 4-7. Salmon further discloses the catch mechanism comprises at least one tab – at 14,16,17, on the at least one moveable portion – at 11,12, - see figures 4-5, and at least one corresponding slot – at 10, on the inner ferrule – see figures 4-5. Salmon does not disclose the at least one tab is resilient. However, it would have been obvious to one of ordinary skill in the art to take the device of Salmon have the at least one tab be resilient as claimed, so as to yield the predictable result of allowing the tab to be easily moved into different positions as desired to assemble the components of the device together. Salmon further discloses top and bottom plates – at 11 and 12 but does not disclose the inner ferrule comprises at least one pair of grooves, the grooves converging towards the distal end of the inner ferrule, and the front plate comprises at least one tab that engages with one of the pair of grooves and the rear plate comprises at least one tab that engages with the other of the pair of grooves. Wright does disclose the inner ferrule – at 1 proximate 2, comprises at least one pair of grooves – at 4 – see figures 1-5 and lines 47-51, the grooves – at 4, converging towards the distal end of the inner ferrule – at 1 proximate 2 – see at 4 in figures 1-2 which extend/converge from the handle to the distal end at connection of 1,2, and the front portion – top of 3, comprises at least one tab – at 5, that engages with one of the pair of grooves – at 4 – see figures 1-5, and the rear portion – at bottom of 3, comprises at least one tab – other of items 5, that engages with the other of the pair of grooves – at 4 – see figures 1-5. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Salmon and add the grooves and tabs of Wright, so as to yield the predictable result of reliably moving and securing the inner and outer ferrules with respect to each other during use.
Response to Arguments
5. Applicant’s amended abstract dated 5-29-26 obviates the objections detailed in the last office action dated 2-2-26.
Applicant’s claim amendments and remarks/arguments dated 5-29-26 obviates the drawing objections related to the claim limitations of claim 15 detailed in the last office action dated 2-2-26.
Applicant’s remarks/arguments dated 5-29-26 obviates the 35 U.S.C. 112(a) rejections of claims 5, 8 and 20 detailed in the last office action dated 2-2-26.
Applicant’s claim amendments and remarks/arguments dated 5-29-26 obviates the 35 U.S.C. 112(b) rejections of claims 11, 14, 20 and 23 detailed in the last office action dated 2-2-26.
Regarding the prior art rejections of claims 1 and 13, the Salmon reference US 4237579 discloses the catch mechanism comprises at least one tab – at 14,16,17, on the at least one moveable portion – at 11,12, - see figures 4-5, and at least one corresponding slot – at 10, on the inner ferrule – see figures 4-5. It would have been obvious to one of ordinary skill in the art to make the tab of Salmon resilient in that the tab – at 14,16,17 of Salmon extends through slots which can adjust the position of the plates and therefore having the tabs resilient would facilitate movement into these adjustable positions of the plates given the rationale to combine detailed earlier in paragraph 4 of this office action. Further, applicant has not detailed in the claims how the resilient tab snaps into and out of the slot and the claim only requires the tab engages the slot which is shown in items 10 and 14-19 of Salmon in figures 4-5.
Regarding the prior art rejections of claims 5, 7-9, 11-12, 16-17, 20 and 23, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Regarding the prior art rejections of claims 6 and 18-19, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Regarding the prior art rejections of claims 10 and 22, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Regarding the prior art rejections of claim 14, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Regarding the prior art rejections of new claim 24, Salmon discloses an inner ferrule – at portion of 9 containing item 10 between items 22 and 28 as seen in figure 4, for mounting the bristles – at 28, to the handle – at 22 – see figure 4, the inner ferrule having a proximal end adjacent the handle – at 22 – see figure 4, and a distal end adjacent the bristles – at 28 – see figure 4, characterized in that the paintbrush further comprises an outer ferrule – at 11,12, mounted on the inner ferrule – see via 10 and 14-19 in figures 4-5, wherein the outer ferrule comprises at least one moveable portion – at 11,12, having proximal and distal ends – see figures 4-5, the at least one moveable portion comprising two independent plates – at 11 and 12, a front plate – at 11, and a rear plate – at 12 – see figures 4-5, the at least one moveable portion is arranged to surround the bristles – at 28 – see figures 4-5. Further, the Wright reference US 987277 discloses the inner ferrule – at 1 proximate 2, comprises at least one pair of grooves – at 4 – see figures 1-5 and lines 47-51, the grooves – at 4, converging towards the distal end of the inner ferrule – at 1 proximate 2 – see at 4 in figures 1-2 which extend/converge from the handle to the distal end at connection of 1,2, and the front portion – top of 3, comprises at least one tab – at 5, that engages with one of the pair of grooves – at 4 – see figures 1-5, and the rear portion – at bottom of 3, comprises at least one tab – other of items 5, that engages with the other of the pair of grooves – at 4 – see figures 1-5. The plates at 11,12 of Salmon are movable axially along the longitudinal axis of the device and therefore incorporating the slots and grooves of Wright which facilitates axial movement of item 3 with respect to item 1 as seen in figures 1-3 and therefore the combination of these references renders the claims obvious as detailed earlier in paragraph 4 of this office action. Further, applicant has not positively recited the grooves converge toward each other in the claim.
Conclusion
6. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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