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 10 objected to because of the following informalities:
claim 10 typo in bold, emphasis added: wherein a first slot is provided at a top of the rear and at a second slot is provided at
Appropriate correction is required.
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 1-3,5,7-8,10-11,14-16,18-26 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.
Regarding claims 1, 10, and 15, the language, “a flexible band received in the slots, wherein the flexible band is looped through the slot at the top of the rear,” is indefinite.
When looking to the disclosure of the instant invention to determine how a strap can be “looped through” a single slot, the following language, in [0066] is found:
“looping the second end through the slot and attaching the second end to the planar portion 514 proximate the second end, by forming the second end to be larger than the slot, etc. The first end 510 can be adjustably attached to the rear 432 at the top in any suitable manner, such as by looping the first end through the slots 560 and 562. It will be appreciated that the first end 510 and second end 512 may be attached in any suitable manner, such as described above”
With this in mind, two slots are required for the band to be “looped through” otherwise, the band is only inserted through, yet applicant only claims one slot. One slot is not enough to perform the claimed function of “looped through.”
The claims not addressed above are rejected since they depend from a rejected claim.
Claim Rejections - 35 USC § 102
(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, 2, 5, 15, 16, 18, 21, 22, 25, and 26 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Lyon et al. (US 9480323).
Regarding claim 1, 15, 21, 22, 25, 26, Lyon discloses a container fully capable of holding a coating material, the container comprising:
referring to fig. 1a, a container body at 8 defining a cavity, the container body having
a rear with a top handle adjuster tab 14 that has two slots at a top of the rear, fig. 1a and 1b, and
a slot (not numbered, best seen in fig. 2, also seen at 16 and 18, fig. 4) at a bottom of the rear; and
a flexible band 12 received in the slots,
wherein the flexible band is looped through the slots at the top of the rear, and wherein the flexible band is adjustably attached to the rear of the container body and capable of sliding through the slots at the top of the rear to adjust a length of the flexible band, col. 6:10-40,
the flexible band of Lyon is capable of being moved between
a first position spaced a first distance from the rear,
a second position spaced a second distance from the rear less than the first distance, and
a third position spaced a third distance from the rear greater than the first distance to provide space for a user's hand between the rear of the container body and the flexible band.
Regarding claims 2 and 16, Lyon discloses all of claim 1 and 10, as applied above and additionally discloses that the container body additionally includes a front, a right side, a left side, fig. 1d, and a bottom, and a rim portion (the neck of the container at 44) extending around tops of the front, rear, right side, and left side, col. 5: 32-40.
Regarding claims 5 and 18 as seen in fig. 1a, there is a “bottom cup” at 10 that has a downwardly projecting rib that projects from the bottom of the container body.
Claim Rejections - 35 USC § 103
Claim(s) 1-3, 9, 10, 14-16, and 19-26 are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 7191913 ) in view of Rogowski et al. (US 2017/0129277) and Lyon.
Regarding claims 1, 10, 15, 21-26, Byrne discloses a container 100 for a coating material (paint), the container comprising:
an adjustable flexible band (handle 106), col. 3: 25-45 movable between multiple distances from the body to accommodate different hand sizes, col. 3: 37-43: “the flexible properties of handle 106 provides the handle with “self-adjusting” capabilities.”
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.
The flexible band of Byrne is not attached via slots on a top rear and at a bottom rear.
However, as taught by Rogowski it is known to provide a container for holding paint (coating material) with a strap 62 handle that is adjustable in both flexibility and length for accommodating different sized hands [0053-0054].
Lyons teaches a container at 2 with an adjustable length handle 12 that is adjustable via two slots located at the top rear of the container and two slots at the bottom rear of the container, fig. 2 of Lyons; wherein the flexible band is looped through the slots at the top of the rear, and wherein the flexible band is adjustably attached to the rear of the container body and capable of sliding through the slots at the top of the rear to adjust a length of the flexible band, col. 6:10-40.
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 flexible band of Byrne to provide two upper slots and two lower slots means for adjustably attaching the band to the container as per the teaching of Lyons in order to allow the band of Byrne to be adjustable in length for accommodating more hand sizes as known and taught by Rogowski rather than just adjustable via the flexibility of the band.
Regarding claims 2 and 16, Byrne discloses, fig. 1A and 1G, the container body additionally includes a front, a right side, a left side, and a bottom, and a rim portion at 112 extending around tops of the front, rear, right side, and left side.
Regarding claims 3 and 10, the references applied above teach all of claims 3 and 10, as applied above except for multiple bars for wiping.
Byrne further discloses that the container body additionally includes a projecting bar 124 projecting upward from the rim portion that define regions to wipe off coating material, fig. 1G, col. 4: 10-15. Byrne only discloses a single bar. However, 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 rim to include multiple bars in order to provide additional scraping ledges on the left and right sides so that both sides of the brush can be scraped without needing to rotate the brush.
Regarding claims 9, 14, and 20, Byrne discloses that the container body has inwardly extending portions 105 extending into the cavity, fig. 1A, 1B, and 1E.
Regarding claim 19, Byrne discloses, the container comprises a magnet at 111, fig. 1A coupled to the rear of the container body, col. 3: 44-60.
Claim(s) 5, 7, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Byrne, Rogowski and Lyon as applied to claims 1, 10, 16, above, and further in view of Accardo et al. (US 5341969).
Regarding claims 5, 11, and 18, the references applied above teach all of claims 1, 10, and 16, as applied above.
Byrne does not teach one or more projecting ribs that project from the bottom of the container body.
Accardo is analogous art in regard to containers 1 for holding coating material (paint), fig. 1. Accardo also teaches a rib (groove) 91 that projects (upwardly) from the bottom of the container body, fig. 3, for the purpose of providing a fingerhold within the groove, col. 7: 5-16. 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 bottom of the container body of Byrne to include a rib in order to allow a user to grip the bottom with fingers as per the teaching of Accardo.
Regarding claim 7, the references applied above teach all of claim 1, as applied above. The references applied above do not teach a bail and bail ears.
Accardo is analogous art in regard to containers 1 for holding coating material (paint). Accardo also teaches left and right side ears 95, fig. 1 and 4, for attachment of a bail handle, col. 7: 15-26.
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 left and right sides of the container of Byrne to have ears and a bail as per the teaching of Accardo in order to provide an additional means for carrying the container.
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 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 IMPINK/Primary Examiner, Art Unit 3799
MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799