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 1-9, 11-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daly et al. (US 2018/0369860).
Claim 1: Daly teaches a tool for painting (i.e. touching up) a surface (Abst.), the tool comprising: a faceplate (the face of 23 shown as hatched lines in Fig. 4) on the distal end of the tool (Figs. 1, 3) and having an opening that surrounds a target region of the substrate (Fig. 3; ¶¶ 0042-0043, 0047); and a plurality of sidewalls (the sloped portions of 23 in Fig. 3) extending away from the faceplate and forming a reservoir to receive excess paint (Fig. 3; ¶¶ 0042-0043, 0047).
Claims 2-4: Daly teaches a handle (14) which is coupled to the sidewalls by two supports (13).
Claim 5: Daly teaches that the tool comprises four lateral sidewalls (Fig. 2, e.g.).
Claim 6: Daly teaches a runoff section (24) connected to the sidewalls (¶¶ 0043, 0047).
Claim 7: Daly teaches that the faceplate and sidewalls are configured to detach from the distal end of the tool (¶ 0040).
Claim 8: Daly teaches that the faceplate comprises a seal which creates a negative pressure (i.e. claimed seal) with the surface (¶ 0047).
Claims 9 and 11: Daly teaches that the faceplate is flat like the surface and polygonal (Fig. 1, e.g.).
Claim 12: Daly teaches a tool for painting (i.e. touching up) a surface (Abst.), the tool comprising: a distal end comprising a faceplate (the face of 23 shown as hatched lines in Fig. 4) (Figs. 1, 3 and 4); a proximal end having a handle (14); a plurality of sidewalls (the sloped portions of 23 in Fig. 3) coupled with the faceplate and handle (Fig. 1); and a runoff portion (24) where the runoff portion and sidewalls form a reservoir (Fig. 3; ¶ 0043).
Claims 13-14: Daly teaches that the sidewalls and handle are coupled by two curved supports (13; Fig. 1).
Claim 15: Daly teaches a container (18) coupled to the reservoir.
Claim 16: Daly teaches that the runoff directs excess coating towards the centerline of the reservoir (Fig. 3; ¶ 0043).
Claim 17: Daly teaches that the tool comprises four lateral sidewalls (Fig. 2, e.g.).
Claim 19: Daly teaches that the faceplate comprises a seal which creates a negative pressure (i.e. claimed seal) with the surface (¶ 0047).
Claim 20: Daly teaches that the faceplate is flat like the surface (Fig. 1, 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Daly in light of Chase et al. (US 2017/0136491).
Claim 10: 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Daly in light of Matsumoto et al. (US 2009/0266377).
Claim 18: Daly fails to teach that the faceplate is removably coupled with the sidewalls. Matsumoto teaches an applicator for applying color to a surface (Abst.) and explains that the applicator includes a stencil faceplate with an opening corresponding to an shape or image (Abst.) which is removably attached to the distal end of the applicator (Fig. 3). Matsumoto teaches that using such a configuration allows for transfer of desired images to the surface (Abst.) and allows different images to be transferred using the same applicator (Fig. 7). Thus, it would have been obvious to one of ordinary skill at the time of filing to have utilized a detachable stencil plate at the distal end of the applicator of Daly in order to have transferred images to the surface where desired with the predictable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at (571) 270-1034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712