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.
Claims 1, 3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pannier (US 1,401,436).
Claim 1: Pannier teaches a hand stamp for marking a surface (i.e. capable of touching up a coating on a surface) (Abst.), the stamp comprising: a faceplate (30) having a distal opening (32) which surrounds the target region on the substrate such that the stamp is applied through the opening (3:70-92) and the faceplate is removably attached to the distal end of the tool (3:1-11; Fig. 1); a handle (2) at a proximal end of the tool comprising a plurality of linear bars (each of the ribs on 2 in Fig. 1); and a plurality of supports (1) configured to connect the proximal and distal ends (Fig. 1; see, also, 2:43-48 which refers to “each side member of the frame 1” indicating that at least 2 are present).
Claim 3: Pannier teaches a flat shape that matches the surface to be stamped (Fig. 1, e.g.).
Claim 5: Pannier teaches that the faceplate is a plurality of linear segments (Fig. 7, e.g.).
Claim 6: Pannier teaches that the handle is connected to an applicator (23a) which applies the coating through the opening (Fig. 6).
Claims 1-3, 5-6, 9, 12-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daly et al. (US 2018/0369860).
Claims 1 and 16: Daly teaches a tool for touching up a coating on a surface (Abst.), the tool comprising: a faceplate (12) having a distal opening which surrounds the area to be coated (Fig. 3; ¶¶ 0042-0043, 0047), the faceplate configured to be removably attached to the distal end of the tool (¶ 0040); a handle (14) which comprises a plurality of linear bars (see ¶ 0036 which explains that the handle is provided with multiple bars to extend its reach); and a plurality of supports (13) which connect the handle and the faceplate (Fig. 1).
Claim 2: Daly teaches that the faceplate forms a sealing interface with the substrate (¶ 0047).
Claim 3: Daly teaches that the faceplate is flat to match the flat surface (Fig. 1).
Claim 5: Daly teaches that the faceplate comprises a plurality of linear segments (Fig. 4, e.g.).
Claim 6: Daly teaches that the faceplate receives an applicator (11) for applying coating (Fig. 3).
Claim 9: Daly teaches a tool for touching up a coating on a surface (Abst.), the tool comprising: a proximal end having a handle (14) which comprises a plurality of linear bars (see ¶ 0036 which explains that the handle is provided with multiple bars to extend its reach); a faceplate (12) which forms a sealing interface against a substrate and mitigates migration of excess coating (¶ 0047); and one or more support members (13) which connect the faceplate and the handle.
Claims 12-14 and 17: Daly teaches that the faceplate is removably coupled (¶ 0040) via two curved supports (13).
Claim 15: Daly teaches that the handle is one linear bar (Fig. 1).
Claim 20: Daly teaches that the faceplate is polygonal (Fig. 2, e.g.).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Daly in light of in light of Chase et al. (US 2017/0136491).
Claim 4: Daly fails to teach how the faceplate is formed. Chase teaches a paint applicator tool (Abst.) and explains that the tool can be formed using injection molding or three dimensional printing (i.e. additive manufacturing) (¶ 0030). Combining prior art elements according to known methods to yield predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have formed the faceplate of Daly using additive manufacturing with the predictable expectation of success.
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Daly in light of Janssen (US 4,856,136).
Claims 7 and 18: Daly fails to teach that the bars form a cross. Janssen teaches a paint applicator (Abst.) and explains that the shape of the handle can be varied in order to provide better strength and control (5:11-15). Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP § 2144.05(II)(A). Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected a cross brace shape for the handle in order to have allowed for better control by using two hands on the crossed bars during application.
Claims 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Daly.
Claims 8, 10 and 11: Daly further teaches that the faceplate and applicator can be in any shape depending on the requirements of the user (¶ 0054). Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP § 2144.05(II)(A). Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected a cubic shape for the applicator or a rounded or ring-shape for the faceplate with the predictable expectation of success depending on the requirements of the device.
Conclusion
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712