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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 20, 2026, has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claims 1-8 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,823,640 Pytlewski.
Regarding claim 1, Pytlewski teaches a multi-dimensional geometric spacer (column 1, lines 7-10)) comprising:
A body defined by opposed surfaces that have a same shape that are spaced apart by a predetermined thickness (figure 7), each of the opposed surfaces has a geometric shape with a periphery that includes edges that are connected by no right angles (figure 7); and,
a body portion that extends between the opposed surfaces and a same geometric shape as the geometric shape of the opposed surfaces (figure 7).
Regarding claim 4, Pytlewski teaches that the opposed surfaces and the body portion have at least one through hole (figure 7).
Regarding claim 5, Pytlewski teaches that the opposed surfaces and the body portion have multiple through holes (figure 7).
Regarding claim 6, Pytlewski teaches that the multiple through holes vary in size (figure 7).
Regarding claim 7, Pytlewski teaches that the body portion that extends between the opposed surfaces has at least one surface (side surface) that includes a first portion that extends at a first angle (straight portion of one leg) for a defined distance and connects with a second portion (curved end of same leg) that extends at a second angle (figure 7).
Regarding claims 8 and 16, Pytlewski teaches a multi-dimensional geometric spacer comprising:
a multi-dimensional geometric body with opposed surfaces that are spaced apart by a predetermined thickness (figure 7),
each of the opposed surfaces has a geometric shape with a periphery that includes edges that are connected by no right angles (figure 7); and,
a body portion that extends between the opposed surfaces and includes body portion surfaces (side surfaces) that conform to and extend between corresponding ones of the edges of the opposed surfaces (figure 7).
Response to Arguments
Applicant’s arguments with respect to Hinton have been considered but are moot because the new ground of rejection, over Pytlewski, does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Megha M Gaitonde whose telephone number is (571)270-3598. The examiner can normally be reached Monday-Friday 8:30 am to 5 pm.
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/MEGHA M GAITONDE/Primary Examiner, Art Unit 1781
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