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 § 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 2, 4-5, 7-8 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.
Claim 2 includes the limitation of a “second cut” and a “third cut”, however this claim does not include any limitation directed to a first cut, therefore it is unclear if there are, in fact, three cuts, or only two. Claim 7 further states the “the second cut” and “the third cut”. Please correct.
Claim 4 recites the limitation "the first cut" in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears this claim should depend from claim 1 and is being examined in this manner.
Claim 5 recites the limitation "the first step part" in line 4. There is insufficient antecedent basis for this limitation in the claim. It appears this claim should depend from claim 3 and is being examined in this manner. Claims
Claim 8 includes the limitation of a “second step part” and a “third step part”, however there is no mention of first step, therefore it is unclear if there are, in fact, three steps, or only two. Claim 9 further states the “second step part” and “second cut part” and “third step part” and “third cut part”. Please correct.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 200448005 in view of Hwang (PGPub 20170181534).
KR ‘005 teaches a body having a handle body (100) provided as a handle for a user, and a coupling body (200) provided at the handle body; a chalk part (7b), and a connection fixing part (300) having one side portion coupled to the coupling body, and having the other side portion supporting the chalk and encompassing the coupling body, wherein the coupling body has a first cut part (spaces between 200) so as to guide the extension and contraction of the coupling body when the chalk is coupled to the coupling body, and the chalk is detachably coupled to the coupling body.
KR ‘005 teaches all the essential elements of the claimed invention however fails to teach a brush body. Hwang teaches a brush with a brush body (11) that is removably attached to a handle (20) via a fixing member (30) and a coupling member (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the brush body of Hwang on the handle body of KR ‘005 to allow for the device to be used for different applications.
With regards to claim 3, 3 the coupling body further includes a first screw thread (201) provided on an outer wall of the coupling body, and a first step part (202) provided at an upper end portion of the coupling body, and supporting an inner wall of the connection fixing part (figure 7c).
With regards to claim 4, a plurality of first step parts (figure 6 shows several 202 elements) are provided, which are cut by the first cut part.
With regards to claim 5, one side portion of the connection fixing part is supported on a protrusion (threading, 201) provided in the handle body and the other side portion is supported on the first step part (figure 7c).
With regards to claim 6, the connection fixing part is screwed to the coupling body (301 is threaded to 201).
Allowable Subject Matter
Claims 2, 7-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Claim 2 includes the limitation of the coupling body includes a first cut part guiding extension and contraction of a coupling area of the coupling body when detachably coupling the coupling body to the handle body, and a second cut part guiding extension and contraction of the coupling area of the coupling body when detachably coupling the brush bristle part to the coupling body, and the brush bristle part is detachably coupled to the coupling body. Examiner noted that the wording in bold italics is changed to correct the 112b issues. None of the prior art teach this limitation nor would it have been obvious to modify the prior art to achieve the claimed invention. The closest prior art of Murayama (JP 2011173433) teaches a coupling body (20) with a first cut part for connecting to a chalk member, but there is no second cut part for connecting to the handle.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/ Primary Examiner, Art Unit 3723