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 § 103
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Parent (U.S. Patent 5,875,920) in view of Aliota et al. (US 2009/0101673, hereinafter Aliota).
In regard to claim 1, the Parent reference discloses a caulking gun 1 comprising a cartridge holder, the cartridge holder having a front wall 24, a back wall 14 and a perimeter wall 10, the perimeter wall being coupled to and extending between the front wall and back wall, the cartridge holder defining a bay for accommodating a caulk cartridge 4 surrounded by the front wall, the back wall and the perimeter wall.
Although the Parent device does not include a lighting assembly mounted to the front wall of the cartridge holder and configured to emit light forwardly with respect to the front wall, attention is directed to the Alioto reference, which discloses another dispensing gun for dispensing product from a cartridge F and having a cartridge holder and a dispensing nozzle N wherein a lighting assembly 350 (see Figure 3) is mounted to the front wall of the cartridge holder for emitting light forwardly therefrom in order to enable the user to illuminate the surface on which the product is being dispensed. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the Parent device can include such a lighting assembly on the front wall of the cartridge holder in order to enable a user to illuminate the surface on which the caulking is being dispensed.
In regard to claim 2, the bay in the Parent device has an open top (see Figure 2) for receiving the caulking cartridge.
In regard to claim 3, the front wall 24 defines a slot 9 positioned and configured to receive a nozzle 6 of the caulking cartridge.
In regard to claim 4, although the Alioto reference does not disclose the lighting assembly includes a pair of light sources, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the Parent device can include a lighting assembly having any suitable number of light sources positioned at any suitable location(s) on the front wall, including a pair of light sources positioned on opposite sides of the slot, as claimed, without effecting the overall operation of the device, especially since the Alioto reference does not limit the number and location of the light sources of the lighting assembly that may be employed and the Applicant has not indicated the specific number and location of the light sources is critical to the overall operation of the device; i.e., page 4, lines 25-28 of the Applicant’s specification discloses in other embodiments, other arrangements of light sources may be positioned from one or more sides of the nozzle.
In regard to claim 5, the slot 9 is open at a top side of the front wall.
In regard to claim 6, as discussed above, the lighting assembly can obviously include a pair of light sources positioned opposite of each other across the slot and thereby positioned opposite each other across a nozzle 6 in the slot.
In regard to claim 7, the Alioto reference discloses the light source may be a light emitting diode (see paragraph 0039).
In regard to claims 8 and 9, the Alioto discloses the use of a processor (see paragraph 0014) and power supply in the form of a battery 175 for effectively controlling the various functions of the device. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the lighting assembly mounted to the Parent device can also be operated via battery and processor in order to effectively control the operation of the lighting assembly.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Parent in view of Alioto as applied above, and further in view of McKain et al. (U.S. Patent 5,369,555, hereinafter McKain).
In regard to claims 10 and 11, although the lighting assembly disclosed in the Alioto reference (which, as discussed above, can obviously be employed on the Parent device) does not specifically disclose the use of a charging port and switch for operating the lighting assembly, attention is directed to the McKain reference, which discloses another dispenser device having a battery 24 operated light source 20 on a front wall thereof in order to illuminate the surface on which a product is to be dispensed wherein the device includes a charging port (see claim 10) and a switch 30 for operating the light source in order to enable a user to conveniently charge the battery and operate the light source. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the lighting assembly used on the Parker device can include a charging port and a switch 30 operating the light source in order to enable a user to conveniently charge the battery and operate the light source.
In regard to claim 12, as discussed above, Parker in view of Alioto and McKain render the claimed structure obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Navid et al. and Naghi et al. references are cited as being directed to the state of the art as teachings of other tools which employ a lighting assembly thereon.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
1/23/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754