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 .
Election/Restrictions
Applicant’s election without traverse of Species 1 (Figures 1-5, 22-29, and 38-47; Claims 1-3, 7-10, and 13-17) in the reply filed on 05/29/2026 is acknowledged.
Claims 4-6, 11-12, and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/29/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 7-10, and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulze (DE 4242493 A).
Regarding claims 1-3, 7, and 9, Schulze discloses a device for removal of paint comprising a pump (9); a first container (2), configured to accommodate a color paste; an outpouring tube (17), having an inlet end (10) and an outlet end (18), wherein the inlet end is connected to the first container through the pump, and the outlet end is configured for pouring out the color paste (see Fig. 1); and a second container (20), wherein the outlet end has an operating state and a non-operating state, when the outlet end is in the operating state, the color paste is pumped out from the outlet end into the second container, and when the outlet end is in the non-operating state, at least a part of the outlet end is located in a moisturizing space of the first container (Col 4 lines 6-45). Examiner considers the outlet to be a “moisturizing space” as the paint passes through and has a moisture content. Examiner also notes that the outlet is positioned above the first container.
Regarding claims 8 and 10, Schulze discloses a device wherein when the outlet end is in the non-operating state, the outlet end is coupled to the first container, and when the outlet end is in the operating state, the outlet end is detached from the first container (Col 4 line 60-Col 5 line 5).
Regarding claim 13, Schulze discloses a device wherein the first container comprises a canister body and a canister lid (23), the canister body has a second opening in a top, the canister lid covers the second opening, and the first opening is formed at the canister lid.
Regarding claims 14-16, Schulze discloses a device wherein the outlet end is provided with a sealing structure, and when the outlet end is in the non-operating state, the sealing structure closes the first opening (Col 5 lines 4-30).
Regarding claim 17, Schulze discloses a device wherein the first container is fixed, and the colorant dispenser further comprises a first driving mechanism (5), wherein the first driving mechanism is configured to drive the sealing lid to move, so as to make the sealing lid couple with or separate from the canister lid (Col 4 line 60-Col 5 line 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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