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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-9 and 11-15 is/are rejected under 35 U.S.C. 102(1)(a) as being anticipated by Ballman (US 1,542,025).
As to claims 1 and 13-15:
Ballman teaches an apparatus as claimed:
The apparatus comprises:
A housing 10, 14 as claimed;
An opening 40 in the housing;
A first and a second rotatable brush wheels 41 with spindles and bristles 44 in the central space of the housing.
The bristles 44 are disclosed as having an area of overlapping rotational paths.
The liquid source recited by the claims is readable on the liquid positioned in the housing (at least Figures 4 and 5).
See at least Figures 1-2, 4-7 and the related description.
The directing the liquid from the walls toward the rotating brushes also inherent due to the movement of the liquid in the housing created due to the rotating the rotating brushes during the use of the apparatus.
As to claims 2 and 9:
Counter rotating the brushes is shown at least on Figures 4, 6, 7.
As to claims 5 and 11:
Counter rotating the brushes together is shown at least on Figure 4.
As to claims 6 and 12:
The brushes are disclosed as adapted to rotate independently from whether or not the liquid is present in the housing and independently from whether or not the paint brush is present for cleaning.
As to claim 7:
The ability of the central space to receive a paint brush is shown at least on Figures 1 and 4.
As to claim 8:
Ballman teaches a method as claimed.
The method comprises:
Providing a brush cleaning apparatus comprising:
A housing 10, 14;
An opening 40 in the housing;
A first and a second rotatable brush wheels 41 with bristles 44.
The bristles 44 are disclosed as having an area of overlapping rotational paths.
The method further comprising providing a portion of a paint brush through the opening 40 into the area of the overlapping rotational paths;
Counter rotating the brushes and directing a fluid (liquid in part 10) toward rotational brushes.
See at least Figures 1-2, 4-7 and the related description.
Directing a liquid toward the rotating brushes is inherently present during filling the liquid into the housing.
The directing the liquid toward the rotating brushes is also inherent due to the movement of the liquid in the housing created due to the rotating the rotating brushes during the use of the apparatus.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive.
The applicants amended the claims, filed new claims and allege that the claims are allowable.
This is not persuasive for the reasons presented above.
The amended claims have been examined and are the subject of the rejection presented above.
The teaching of Ballman (US 1,542,025) has been used to addressed the amended claims.
The examiner would like to note that while he disagrees with the applicants that US 4,912,979 does not teach overlapping paths of the brushes, the rejection presented in the previous Office action is withdrawn and the rejection over Ballman (US 1,542,025) is applied to better address the limitations of the amended and new claims.
The examiner also would like to note that the pending claims do not requires any specific structure of the liquid source and that thereby what is disclosed by Ballman (US 1,542,025) is readable on what is claimed.
The examiner also would like to note that is the claims will be amended to recite a liquid source as shown on the Figures 1, 4, 5 of the instant application, the teachings of US 3,761,984 and the prior art cited in the previous Office action (including but not limited to US 2007/0089765 and US 2007/0221260) can be used to address the claims.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711
