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 .
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.
Claim 1 is 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.
The term “like Lego blocks” is considered indefinite, as Lego is a trademark or trade name, and used in the claim as a limitation to describe a particular product, therefore the claim does not comply with 35 U.S.C. 112 (b) as the claim scope is uncertain since a trademark or trade name cannot be used properly to describe any particular material or product. If the applicant responds to such a rejection by replacing the trademark or trade name with a generic term, the examiner should determine whether there is sufficient support in the application for use of a generic term. (See MPEP 2173.05(u))
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kottilngam et al. (US20180209283A1) and Khanin (US20120134780A1) are considered the closest prior art of record.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at 5712726297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICARDO D MORALES/Examiner, Art Unit 1738
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