DETAILED ACTION
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the ovular face and the foundation of the spherical surface are not found in the specification.
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.
Claim 10 is 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.
Claim 10 has added the limitation range of the diameter of the openings at the end of the cylindrical void to be between 1-4 millimeters. However, the original disclosure only defines the openings to be “about 2mm” (paragraph [0018]). The is no disclosure of the opening diameter being 1 mm or 3 mm or 4 mm. In order to correct this problem, it is suggested that the limitation be changed to define the diameter of the openings to be “about 2 mm”, which was disclosed in the original application.
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 5-10 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.
In claim 5, the shape of “the ovular face” is not determinable. There is no definition of the shape in the specification. And, there is no customary meaning of this term “ovular”. As, it seems that the ends of the flat longitudinal surfaces present as a semi-circular surface. Also, it is unclear from the disclosure of what and where the foundation of the spherical surface begins or ends. It is suggested that the specification be amended to include these terms with reference numbers and annotation in the drawings to show the scope this new limitation on the ingot. Also, the last paragraph is inaccurate. It is suggested to change the last paragraph to –wherein, each of the flat longitudinal surfaces define one semi-circular face on each end of the flat longitudinal surfaces that form a side of each spherical surface on each opposing end of the obround body--.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The use of the term ingot is understood to define a piece of single metal or metal alloy formed into a shape and size that is on the order of an ounce and weareable on a necklace or bracelet or earring, i.e., a bead of a single metal is considered to meet the applicant’s definition of an ingot.
Stone discloses an obround metallic bead (ingot 18, steel, stainless steel, brass, copper or aluminum, i.e., non-precious metal) with a cylindrical bore (12) that receives and encases a cylindrical wire (20, musical string). The ingot has the shape as described in the claims as shown in the annotated drawing.
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Stone fails to disclose a cylindrical bore extending from one flat side surface to the other and spherical end surfaces located on each end of the bead.
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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