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 Objections
Claims 20 and 22 are objected to because of the following informalities:
Claim 20, line 1, after “socket” insert --recess--;
Claim 20, line 3, after “hole” insert --in the ground--;
Claim 20, line 6, change “a” to --the--; and
Claim 22, line 2, change “by way of” to --via--.
Appropriate correction is required.
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 17-19 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.
It is unclear if the “first and second portions” recited in claim 17, line 12, are referencing and/or include the “portion” previously recited in claim 17, line 2.
Claim 18 is rejected under 35 U.S.C. 112(b) as it depends from rejected claim 17.
It is unclear if the “at least two portions” recited in claim 19, line 3, are referencing and/or include the “first and second portions” previously recited in claim 17, line 12, and/or the “portion” previously recited in claim 17, line 2.
Allowable Subject Matter
Claims 1-9, 14-16, and 20-22 are allowed.
Claims 17-19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 was amended to include the previously indicated allowable subject matter of claim 13, including the subject matter of intervening claims 10 and 12. Specifically, the previously applied prior art of Nota (US#5845436) fails to disclose or suggest wherein the body comprises first and second portions spaced along the second axis and a bridge portion extending between the first and second portions, wherein the bridge portion defines the handle. It would not have been obvious to one of ordinary skill in the art to modify Nota to cure these deficiencies. Likewise, claim 17 was amended to include the same subject matter as incorporated into claim 1 and is therefore allowable for at least the same reasons.
Regarding claim 20, Nota (US#5845436) is representative of the relevant prior art and discloses a method of creating a socket recess configured to receive a headstone therein adjacent to a burial site, comprising the steps of: placing a socket preserver 10 in a hole in the ground G at the burial site, the socket preserver being formed of molded plastic (col. 3, lines 52-58); an area of the hole around the socket preserver including soil G; the body defining a socket recess 12 therein; and placing a bottom portion of the headstone 11 in the socket recess of the socket preserver installed in the ground. Nota thus teaches away from the collective steps of: following filling of an area of the hole around the socket preserver with soil, removing the socket preserver, leaving a socket recess; and placing a bottom portion of the headstone in the socket recess.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive, less the above 35 U.S.C. 112(b) rejections necessitated by amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677