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 1-7 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.
The claims are indefinite because it is not clear whether or not “a housing” is a part of the claimed apparatus.
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al (US 2004/0181887).
Smith et al, which incorporate US 2002/0050280 (SN 10/002,365) and US 4,912,797, teach an apparatus and a method as claimed.
The apparatus comprises:
A housing (readable at least on part 10 of Smith et al, a part 2 of US 2002/0050280, a part 22 of US 4,912,797).
A first and a second rotatable brush wheels (readable on parts 30 (30a and 30 b) of Smith et al, parts 8 (8a, 8b) of US 2002/0050280, parts 56 (56a, 56b) of US 4,912,797). The brush wheels are disclosed as comprising a spindle and bristles (at least Figures 1, 6 of Smith et al, Figures 1-4 of US 2002/0050280, Figures 1, 3, 7-8 of US 4,912,797). The spindles of the brush wheels are disclosed as connected to the sidewall of the housing (at least Figure 1 of Smith et al, Figures 1, 4 of US 2002/0050280, Figures 1, 3, 7 of US 4,912,797).
The apparatus is further disclosed as a liquid (at least [0006] of Smith et al, [0013], [0030-33] of US 2002/0050280, Summary of the Invention, Detailed Description of US 4,912,797).
The apparatus is further disclosed as comprising a solution source (at least [0048] of Smith et al, parts 20, 4, 104 of US 2002/0050280, parts 94, 92, 86, 104 of US 4,912,797).
The apparatus is further disclosed as comprising an opening (at least 12 of Smith et al, 72 of US 2002/0050280, 38 of US 4,912,797).
See at least Figures 1, 5-6 and the related description of Smith et al, Figures 1-7 and the related description of US 2002/0050280, Figures 1-7 and the related description of US 4,912,797).
As to claim 3:
The overlap of the bristles of the first and the second brush wheels is shown at least on Figure 1 of Smith et al, such is also inherent from Figure 3 of US 4,912,797.
As to claim 4:
The non-overlapping paths of the bristles of the first and the second brush wheels is disclosed at least at [0039] of Smith et al, Figures 1 and 3 of US 2002/0050280, Figures 1-7 and the related description of US 4,912,797).
As to claim 5:
The counter rotating of the spindles of the brush wheels is inherent from the disclosure at [0041-42, [0047] of Smith et al due to the movement of the brush up and down, and is shown at least on Figure 3 of US 2002/0050280.
As to claim 6:
The ability of the independent rotation of spindles of the brush wheels is inherent from the disclosure at [0041-42, [0047] of Smith et al since the referenced spindles are disclosed as rotating without a power source by the movement of the brush.
As to claim 7:
The ability of the central space to receive the brush is shown at least on Figures 1 and 5 of Smith et al, Figures 2-4, 6c of US 2002/0050280, Figures 1, 2, 7 of US 4,912,797).
The method comprises providing a portion of the brush through the opening of the housing between rotatable brush wheels (at least Figures 1, 5 of Smith et al, Figures 2-5 of US 2002/0050280, Figures 1, 3, 7-8 of US 4,912,797).
The method also comprising directing a liquid/solution toward brush wheels (at least [0048] of Smith et al, [0013], [0030-33], Figures 4-5 of US 2002/0050280, Figures 1-4 of US 4,912,797).
The method also comprises counter rotating the brush wheels (inherent from the disclosure at [0041-42, [0047] of Smith et al due to the movement of the brush up and down, and is shown at least on Figure 3 of US 2002/0050280).
As to claim 9:
The overlapping paths of the brush wheels is shown at least on Figure 1 of Smith et al, and is also inherent from Figure 3 of US 4,912,797.
As to claim 10-11:
The counter rotating of the spindles of the brush wheels together in separate paths is inherent from the disclosure at [0041-42, [0047] of Smith et al due to the movement of the brush up and down, and is shown at least on Figure 3 of US 2002/0050280.
As to claim 12:
The independent counter rotation of spindles of the brush wheels is inherent from the disclosure at [0041-42, [0047] of Smith et al since the referenced spindles are disclosed as rotating without a power source by the movement of the brush.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents listed on the attached PTO 892 are cited to show the state of the art with respect to apparatuses and methods for cleaning paint brushes.
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.
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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