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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8) and Species 1 (Figures 1-3 and 11) in the reply filed on 1/23/2026 is acknowledged. In the reply, Applicant indicated that claims 1-7 and new claims 14-16 are directed to elected Species 1. Therefore, claims 8-13 are withdrawn from consideration.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the two outer layers having a cut-out respectively delimiting a main body and a gripping tab [claim 1] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference numerals ‘42’ and ‘46’ are shown in the drawings but is not mentioned in the specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “41” has been used to designate both the gripping tab and peripheral zone in Fig. 1C.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Contour ‘30’ is mentioned in the specification but is not shown in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The specification uses reference numeral ‘30’ to refer to the contour of the applicator ([0047]), the applicator ([0048]), and the gripping tab ([0050]).
The specification uses reference numeral ‘13’ to refer to the gripping tab ([0046]) and the shoulder ([0046])
The specification uses reference numeral ‘34’ to refer to the convergent rectangular or trapezoidal part ([0048]), the neck ([0048]), the blade ([0052]), the first part ([0057]) and the stopper ([0073]).
The specification uses reference numeral ‘34’ to refer to the convergent rectangular or trapezoidal part ([0048]), the neck ([0048]), the blade ([0052]), the first part ([0057]) and the stopper ([0073]).
The specification uses both reference numerals ’40’ and ‘41’ to refer to the gripping tab ([0050]).
The specification uses reference numeral ‘45’ to refer to the recess ([0037]), cut-out ([0049]), the cavity ([0050]), the cut ([0051]) and the window ([0045]).
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 1-7 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.
Claim 1 is rendered indefinite by the limitation “the two outer layers having a cut-out respectively delimiting a main body and a gripping tab” in lines 3-4, since it is unclear how a cut-out can delimit both the main body and the gripping tab. Furthermore, it is unclear where the cut-out would be located on the two outer layers. For examination purposes, Examiner interprets the limitation as “the two outer layers having a main body and a gripping tab”.
Claim 1 recites the limitation "the frangible line” of the first intermediate layer in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the frangible line” of the second intermediate layer in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 is rendered indefinite by the limitation “a transverse line of weakness” since it is unclear if the transverse line of weakness is the same structure as the “transverse frangible line” defined in claim 1 or a different line. For examination purposes, Examiner interprets “wherein each of the two outer layers has a transverse line of weakness” as “wherein the transverse frangible line is”.
Allowable Subject Matter
Claims 14-16 are allowed.
Claims 1-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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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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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735