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 .
Rejections 35 U.S.C. § 102(a)(1)
1. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Canadian Patent (2,859,910) to Byrne.
Regarding independent claim 1, Byrne discloses a rigid frame (50); a first shaft member (20) rotatably supported on the rigid frame (50) and arranged to support the first roller sleeve (18) thereon for rotation with the first shaft member (20) relative to the rigid frame (50) about a first roller axis (at numeral 24 horizontal axis in FIG. 4) (See page 3 lines 10-25 and page 5 lines 20-25);
a second shaft member (22) rotatably supported on the rigid frame (50) and arranged to support the second roller sleeve (18) thereon for rotation with the second shaft member (22) relative to the rigid frame (50) about a second roller axis (at numeral 26 horizontal axis in FIG. 4), in which the second roller axis (at numeral 26 horizontal axis in FIG. 4) is parallel to the first roller axis (horizontal axis in FIG. 4) and spaced from the first roller axis (at numeral 24 horizontal axis in FIG. 4) within a common plane (horizontal axis in FIG. 4) of the first and second roller axes (See page 3 lines 18-25);
and a handle body (12) arranged to be gripped in a hand of a user, the handle body (12) being elongated along a handle axis (vertical axis), in which the handle body (12) is mounted in fixed orientation relative to the rigid frame (50) such that the handle axis (vertical axis) extends transversely to the common plane of the first and second roller axes (horizontal axis).
Regarding claim 2, Byrne discloses that the handle axis (vertical plane) lies in a handle plane (horizontal plane) oriented perpendicularly to the common plane of the first and second roller axes (horizontal axes in FIG. 4).
Regarding claim 7, Byrne discloses that the handle axis (vertical axis) intersects the common plane of the first and second roller axes (horizontal axis in FIG. 4) adjacent to the second roller axis (at numeral 26 in FIG. 4).
Regarding claim 8, Byrne discloses that the handle axis (vertical axis) intersects the common plane (horizontal axis) of the first and second roller axes at a location spaced from the second roller axis (at numeral 26 in FIG. 4) in a direction opposite to the first roller axis (horizontal axis at numeral 24 in FIG. 4).
Regarding claim 9, Byrne discloses that the rigid frame (50) includes a crossbar spanning between the first and second roller axes (at numeral 24 and numeral 26 horizontal axis in FIG. 4 See page 3 lines 10-25 and page 5 lines 20-25) within the common plane and supporting the first (20) and second shaft members (22) rotatably thereon;
and a transverse frame member (48) extending linearly between a first end connected to the crossbar (50) within the common plane and a second end supporting the handle body (12) thereon; wherein the second end of the transverse frame member (48) is (i) spaced from the common plane (horizontal plane) of the first and second roller axes and (ii) centrally located in an axial direction of the first and second shaft members (20, 22) (See FIG. 4).
Rejections 35 U.S.C. § 103
2 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 3, 4, 5, 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Canadian Patent (2,859,910) to Byrne.
Regarding claim 3, Byrne is silent regarding that the handle axis lies at a fixed inclination of between 25 and 70 degrees from the common plane of the first and second roller axes. Although FIG. 4 appears to show the vertical axis at least at an inclination of at least 70 degrees; however, it is not clear but modifying the vertical axis to be at least 70 degrees between the common plane or intermediate common plane would have been obvious for one of ordinary skill in the art absent criticality in the specification to modify Byrne to include the handle axis at an intermediate point in order to adjust the roller positioning for different areas for painting.
Regarding claim 4, Byrne is silent regarding that the handle axis lies at a fixed inclination within a range of 25 to 40 degrees from the common plane of the first and second roller axes. However, modifying the vertical axis to be at least 40 degrees between the common plane would have been obvious for one of ordinary skill in the art absent criticality in the specification to modify Byrne to include the handle axis at an between the vertical axis point in order to adjust the roller positioning for different areas for painting.
Regarding claim 5, Byrne teaches that the handle body (12) includes a threaded socket (32) formed therein so as to be arranged for attachment to an extension pole (See page 3 lines 25-30), but is silent regarding that the handle axis lies at a fixed inclination of between 40 and 75 degrees from the common plane of the first and second roller axes. Although FIG. 4 appears to show the vertical axis at least at an inclination of at least 75 degrees; however, it is not clear but modifying the vertical axis to be at least 75 degrees between the common plane or intermediate common plane would have been obvious for one of ordinary skill in the art absent criticality in the specification to modify Byrne to include the handle axis at an intermediate point in order to adjust the roller positioning for different areas for painting.
Regarding claim 6, Byrne is silent regarding that the first and second roller axes (horizontal axes) are spaced apart from one another by a distance within a range of 3 to 4 inches. However, it would have been obvious for one of ordinary skill in the art absent criticality in the specification to modify Byrne to include the first and second roller axes to be apart 3 to 4 inches in order to adjust the roller positioning for different areas for painting.
Regarding claim 10, Byrne teaches with the first and second roller sleeves (14, 16) supported on the first and second shaft members (20, 22) respectively, the first and second roller sleeves (14, 16) but is silent regarding being spaced apart from one another by a distance equal to or less than one inch. However, it would have been obvious for one of ordinary skill in the art absent criticality in the specification to modify Byrne to include the first and second roller axes to be apart by one inch in order to adjust the roller positioning for different areas for painting.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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