DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claim 4 is objected to because of the following informalities: claim 4 is redundant, the limitations of claim 4 were added to the last line of claim 1.
Claim Rejections - 35 USC § 103
Claim(s) 1, 4, 8, 9, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hutinec (WO 02/47922 A1) in view of Findleton (US 2004/0173622) and Byrne (US 7191913).
Regarding claims 1, 4, 21, Hutinec discloses a container for holding a coating material comprising:
a container body, fig. 1 at 13, having a front, a rear, a right side, a left side, and a bottom that define a cavity for receiving a coating material,
tops of first and second upstanding walls (bars) at 15 located on an inner surface are capable of being used to wipe material off a brush, the walls 15 project upward from the left and right sides respectively; and
a fingertip relief area 21 in the bottom of the container body, fig. 3,
the right side and left side each including an inwardly extending portion at 13 capable of being used as grip areas for a user to grasp the container body and extending into the cavity to define with one another a ledge, each ledge including a horizontal bottom of vessels 17, used for placing rollers and brushes above material held in the main cavity, page 5: 145-150.
Hutinec does not teach one or more projecting ribs that project from the bottom of the container body in a direction away from the cavity configured to provide a fingertip relief grip area, or a flexible band having first and second ends attached to the rear of the container body.
Findleton is analogous art in regard to containers 10 for holding coating materials [0001] and teaches that it is known to provide a plurality of projecting ridges (ribs) 44 that project outward toward the finger gripping surface (away from the cavity) to facilitate gripping in locations where a user’s digits will be placed [0047], fig. 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the finger relief cavity 21 of Hutinec to include a plurality of projecting ridges in order to facilitate gripping as per the teaching of Findleton. The ribs/ridges of Hutinec as modified above project toward the finger gripping surface, the finger gripping cavity 21 is at the bottom, fig. 3, as such, the ribs project away from the cavity of the container.
Hutinec does not teach a flexible band having first and second ends attached to a rear of a container body.
Byrne is analogous art in regard to containers for holding coating material.
Byrne teaches a container 100 for a coating material (paint), the container comprising:
a vertically oriented adjustable flexible band (handle 106), col. 3: 25-45, permanently attached to a rear of the container body, fig. 1B, movable between multiple distances from the body to accommodate different hand sizes, col. 3: 37-43. The flexible band of Byrne can be at a resting position distance, fig. 1G, can be pushed toward the container into a second position such that the distance between the handle and rear of the container decreases, or it can be expanded via hinge 109 to accommodate a larger hand such that the handle is at a third distance away from the rear of the container, col. 3: 37-43. The handle of Byrne provides a means for holding or securing the hand of the user against the body of the container while being adjustable to accommodate different hand sizes, col. 3: 30-40.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Hutinec to include an adjustable handle attached to the rear of the container at upper and lower ends in order to provide a means for securing a user’s hand against the container when in use that is also adjustable for different hand sizes as per the teaching of Byrne.
Regarding claim 8 and 9, Hutinec further discloses a bail handle (“arc-bended grip,” not shown) attached at ends via opposed ears at 19, fig. 3, page 6: 170-173.
Claim(s) 1, 4-10, 12-14, 16, 17, 18, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hutinec (WO 02/47922 A1) in view of Rogowski (2017/0129277) and Teti (US 4064594).
Regarding claims 1, 4, 5, 10, 12, 13, 16-18, 22, Hutinec discloses a container for holding a coating material comprising:
a container body, fig. 1 at 13, having a front, a rear, a right side, a left side, and a bottom that define a cavity for receiving a coating material,
tops of first and second upstanding walls (bars) at 15 located on an inner surface are capable of being used to wipe material off a brush, the walls 15 project upward from the left and right sides respectively; and
a fingertip relief area 21 in the bottom of the container body, fig. 3,
the right side and left side each including an inwardly extending portion at 13 capable of being used as grip areas for a user to grasp the container body and extending into the cavity to define with one another a ledge, each ledge including a horizontal bottom of vessels 17, used for placing rollers and brushes above material held in the main cavity, page 5: 145-150.
Hutinec does not teach a flexible band having first and second ends attached to the rear of the container body.
Rogowski is analogous art in regard to containers for holding coating material. Rogowski teaches a container for holding paint (coating material) with a vertically oriented strap 62 handle that is adjustable in both flexibility and length for accommodating different sized hands [0053-0054], fig. 1. The handle of Rogowski is removably attached to an existing container and includes a fastener at 68 disposed in and movable within a slot 70 in order to adjust the handle, fig. 1, in order to allow a user to support their hand with minimal or no stress on the fingers or thumb [0011].
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Teti teaches an adjustable handle 10 for a container, the handle formed from a flexible band (strap) 12 having attached lugs (fasteners) 14 at each end of the band, fig. 1, the band is allowed to lay flat or be bowed upwardly when being used, col. 2: 55-end. The lugs of the band are retained in slots (recesses 26) formed at sides of a cavity (fig. 12 and 13) of end covers 18 so that the lugs can readily slide in the slots, col. 3: 10-25, fig. 10 and 12.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Hutinec to include a handle with adjustable means having a fastener/lugs that slide within slots of a housing in order to allow the handle to lay flat against the side wall of the container to reduce storage space and in order to allow a user to hold the container with hand support such that there is minimal or no stress on the fingers or thumb as suggested by Rogowski.
The handle of Hutinec as modified above is adjustable between a flat position, a fully extended position, and an intermediate position where the handle is not fully extended and the lugs are at a mid-point within the slot.
The ends of the handle of Hutinec as modified above is attached to the rear of the container body proximate a top and bottom of the rear and is configured to remain attached to the rear of the container body.
Regarding claims 6 and 7, the flexible band of Hutinec as modified above is movable between a first position spaced a first distance from the rear (just beyond a flat position) a second position spaced a second distance from the rear greater than the first distance (fully extended) to provide space for a user's hand between the rear of the container body and the flexible band, and a third position (intermediate) spaced a third distance from the rear, the third distance being between the first distance and the second distance.
At any of the distances the container body of Hutinec can be grasped at the inwardly extending portions.
Regarding claim 8 and 9, Hutinec further discloses a bail handle (“arc-bended grip,” not shown) attached at ends via opposed ears at 19, fig. 3, page 6: 170-173.
Regarding claim 20, Hutinec as modified above to have the handle components taught by Teti, include end covers 18 which when applied to the rear of the container, are projections extending from a rear which would allow a user to rest a thumb on the top flat surface of the cover.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hutinec, Rogowski and Teti as applied to claim 10 above and further in view of Findleton.
Regarding claim 11, the references applied above teach all of claim 10, as applied above. Hutinec does not teach one or more projecting ribs that project from the bottom of the container body in a direction away from the cavity configured to provide a fingertip relief grip area.
Findleton is analogous art in regard to containers 10 for holding coating materials [0001] and teaches that it is known to provide a plurality of projecting ridges (ribs) 44 that project outward toward the finger gripping surface (away from the cavity) to facilitate gripping in locations where a user’s digits will be placed [0047], fig. 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the finger relief cavity 21 of Hutinec to include projecting ridges in order to facilitate gripping as per the teaching of Findleton. The ribs/ridges of Hutinec as modified above project toward the finger gripping surface, the finger gripping cavity 21 is at the bottom, fig. 3, as such, the ribs project away from the cavity of the container.
Claim(s) 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (US 6530496) (A different Moran reference than the one used in the previous Office Action) in view of Roy (US 3000536).
Regarding claims 10, 12-14, Moran discloses a container 100 fully capable of holding a coating material, the container, fig. 4, comprising:
a container body 10 having a front, a rear, a right side, a left side, and a container bottom that define a cavity for receiving a coating material (the container of Moran is three dimensional, the term “side” is interpreted broadly and not as having distinct walls that delimit a front from a side),
an upper projection 62b and a lower projection 62a projecting rearwardly from the rear of the container body, the projections are hollow and define cavities at the top and bottom of the rear, the cavities configured to receive respective ends of 61a and 61b of a flexible band 60, fig. 4, attached to the rear of the container body,
end 61b is attached within the cavity via a pin 63b and the pin is movable within a slot 65, the slot and pin are attached at the top of the container, the handle is pulled away when pin 63b slides within slot 65,
end 61a is attached within the lower projection cavity via a fastener (pin 63a) to attach the end of the flexible band to the rear of the container body and wherein the end of the flexible band is configured to rotate around but remain attached to the first fastener at the rear of the container body when the flexible band is moved between a flat position, a fully extended position, and an intermediate position when the pin 63b is at a midpoint of the slot, fig. 4, col. 5: 10-40.
The slot of Moran is on the handle and at the top, not on the container and at the bottom as claimed. In addition, the slot is on the handle rather than being on the container.
However, handles movable via pins and slots wherein the slot is on the container and located at a bottom rear are known, as evidenced by Roy, fig. 1, handle at 30, slot at 20, pin at 26.
There are a limited number of options for allowing the end of a handle to move via a pin sliding in a slot, the slot can either be on the handle or on the container, as taught by Roy; the pin and slot can be at either end of the handle or at both ends.
The only difference between the prior art and claim 10 of the instant application amounts to a reversal and/or rearrangement of parts (see MPEP 2144.04 Section VI, part A and part C) that does not change the operation or way that the handle adjusts.
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try a configuration out of the limited number of possibilities where the slot of Moran is located at the bottom rather than the top of the handle, and the slot is on the container rather than in the handle since a mere reversal of parts provides the same expected result – an adjustable handle – and is an obvious modification. In addition, providing the slot on the container rather than the handle will yield a more durable configuration since the handle will not have thinned parts in the slot region that could result in tearing through the slot of the handle when the handle is pulled.
Regarding claim 11, Moran further discloses a projecting rib at 50 that projects from the bottom of the container and is capable of providing a fingertip relief grip area because fingertips can be rested against the projection.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference or combinations thereof applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799
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