DETAILED ACTION
This action is responsive to the reply filed 5/5/2026 and the RCE filed 6/15/2026.
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 .
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.
Claim Status
Claims 1-20 are pending.
Claims 18-20 are withdrawn.
Claims 1, 4, 9-10, and 16-17 are currently amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 (all pending, non-withdrawn claims) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 10, the limitation: “toward an elevated surface of a plurality of elevated surfaces” is considered to be new matter. Particularly, the “additional tapered section” as claimed is construed to correspond to tapered wall #255, which does not taper toward an elevated surface #240 (see instant Fig. 2B). Rather, it appears to taper away from the elevated surface.
Regarding claims 2-9 and 11-17, the claims are rejected at least based upon their dependencies.
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 1-17 (all pending, non-withdrawn claims) 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 and 10, the limitation: “toward an elevated surface of a plurality of elevated surfaces” is considered to be indefinite claim language in light of the disclosure. Particularly, the “additional tapered section” as claimed is construed to correspond to tapered wall #255, which does not taper toward an elevated surface #240 (see instant Fig. 2B). The limitation renders the scope unclear because it creates multiple reasonable interpretations- where the additional tapered section tapers away from the elevated surface (i.e. tapers outward in a downward vertical direction), or where one of the at least two tapered sections transitions outward toward an elevated surface of a plurality of elevated surfaces. In the interest of compact and expedited prosecution, the Examiner interprets the claim according to the former.
Regarding claims 2-9 and 11-17, the claims are rejected at least based upon their dependencies.
Response to Arguments
Applicant’s arguments concerning the §103 rejections have been carefully considered and are persuasive. All §103 rejections are withdrawn.
Applicant’s request for rejoinder for claims 18-20 is noted, but is moot until such time as a claim is found to be allowable. Applicant is advised to amend claim 18 in the same way as claims 1 and 10 for claims 18-20 to be eligible for rejoinder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt Sweely whose telephone number is (571)272-8482. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571)-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kurt Sweely/Primary Examiner, Art Unit 1718
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