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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/13/2026 has been entered.
Election/Restrictions
Claims 1-2 are allowable. The restriction requirement as set forth in the Office action mailed on 7/10/2025 has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Claims 3-8 are no longer withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim. However, claims 9-19 remain withdrawn from consideration because they do not require all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
This application is in condition for allowance except for the presence of claims 9-19 non-elected without traverse. Accordingly, claims 9-19 have been cancelled.
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 4-8 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 4 is rendered indefinite by the limitation “the protrusion”, in line 5, since it is unclear which protrusion is being referred to. For examination purposes, Examiner interprets the protrusion as one of the plurality of protrusions defined in line 7 of claim 1.
Claim 5 is rendered indefinite by the limitation “the protrusion”, in line 2, since it is unclear which protrusion is being referred to. For examination purposes, Examiner interprets the protrusion as one of the plurality of protrusions defined in line 7 of claim 1.
Claim 6 is rendered indefinite by the limitation “the protrusion”, in line 2, since it is unclear which protrusion is being referred to. For examination purposes, Examiner interprets the protrusion as one of the plurality of protrusions defined in line 7 of claim 1.
Claim 7 is rendered indefinite by the limitation “the protrusion”, in line 2, since it is unclear which protrusion is being referred to. For examination purposes, Examiner interprets the protrusion as one of the plurality of protrusions defined in line 7 of claim 1.
Claim 8 is rendered indefinite by the limitation “the protrusion”, in line 2, since it is unclear which protrusion is being referred to. For examination purposes, Examiner interprets the protrusion as one of the plurality of protrusions defined in line 7 of claim 1.
Allowable Subject Matter
Claims 1-3 are allowed.
Claims 4-8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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