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 .
Election/Restrictions
Applicant’s election without traverse of chains 1-9 in the reply filed on 11-13-25 is acknowledged.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11-13-25.
Claim Objections
Claim 2 is objected to because of the following informalities: a comma is missing after the preamble. Appropriate correction is required.
Claim 5 objected to because of the following informalities: “the clay centering tool according claim 1 is constructed” should read “the clay centering tool according to claim 1, wherein the clay centering tool is constructed”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: “the clay centering tool according to claim 6 further slightly” should read “the clay centering tool according to claim 6, further includes a slightly”. Appropriate correction is required.
Claim 9 objected to because of the following informalities: “the clay centering tool according claim 6 is constructed” should read “the clay centering tool according to claim 6, wherein the clay centering tool is constructed”. 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 2-5, 7-9 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.
The term “slightly” in claims 2 and 7 is a relative term which renders the claim indefinite. The term “slightly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. T.
Claim 3 recites the limitation "the first stage of the clay centering process" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the second stage of the clay centering process" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 5 and 9, the claim recites “and other plastic polymers”. It’s not clear which plastic polymers are included and which plastic polymers are excluded by the claim.
Claim 8 recites the limitation "the lump of clay" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 6, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soler Jaulent (English translation of ES1306017).
Regarding claim 6, Soler Jaulent discloses a clay centering tool comprising:
A curved body 1 having a front part and a rear part,
Wherein the front part is configured with a smooth surface; and
A handle 3 attached to the rear part of the curved body (see fig. 1, abstract, claim 1).
Regarding claim 8, Soler Jaulent discloses wherein the smooth edge is configured to press the lump of clay to center the clay and to form a dome shaped profile on a potter wheel 2 (see fig. 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soler Jaulent as applied to claim 6 above, and further in view of Sherill (2003/0006531).
Regarding claim 7, Soler Jaulent does not teach a slightly curved top part and slightly curved bottom part each having smooth surface. However, Sherill teaches a tool 1 for forming objects from clay comprising at least one edge 3 having an irregular curved shape to form shapes in clay (abstract, fig. 1-5, claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sole Jaulent with the teaching of Sherill in order to impart the irregular curved shape into the clay.
Regarding claim 9, Sherill teaches the clay tool is manufactured from a polymer (para 30-31, table 1, claim 10). The process of manufacture includes molding, extruding and the like (para 32).
Claim(s) 1, 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soler Jaulent (English translation of ES1306017) in view of Smith (US 1,755,308).
Regarding claim 1, Soler Jaulent discloses a clay centering tool comprising:
A curved body 1 having a front part and a rear part,
Wherein the front part has a smooth edge to press a lump of clay, wherein the lump of clay is placed on a pottery wheel 2; and
A handle 3 attached to the rear part of the curved body (see abstract, claim 1, fig. 1).
Soler Jaulent does not teach wherein the front part is partitioned into a smooth edge and a ribbed edge to press a lump of clay. However, Smith teaches an apparatus for undercutting, grooving or otherwise recessing the exterior surfaces of insulator shells made out of plastically deformable materials (page 1, line 1-41). Smith teaches a tool consisting of a ribbon-like blade provided with a cutting edge and shaped to effect undercutting or to effect grooving, or any other desired manner to effect such recessing as may be desired (see fig. 2, 4, page 1, line 92-page 2, line 26). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soler Jaulent with a ribbed edge as taught by Smith in order to effect grooving on the clay surface.
Regarding claim 3, Soler Jaulent as modified teaches wherein the ribbed edge is configured to press the lump of clay at the first stage of the clay centering process.
Regarding claim 4, Soler Jaulent as modified teaches wherein the smooth edge is configured to press the lump of clay at the second stage of the clay centering process.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soler Jaulent in view of Smith as applied to claim 1 above, and further in view of Sherill (2003/0006531).
Regarding claim 2, Soler Jaulent does not teach a slightly curved top part and slightly curved bottom part each having smooth surface. However, Sherill teaches a tool 1 for forming objects from clay comprising at least one edge 3 having an irregular curved shape to form shapes in clay (abstract, fig. 1-5, claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sole Jaulent with the teaching of Sherill in order to impart the irregular curved shape into the clay.
Regarding claim 5, Sherill teaches the clay tool is manufactured from a polymer (para 30-31, table 1, claim 10). The process of manufacture includes molding, extruding and the like (para 32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUE H LIU whose telephone number is (571)270-5522. The examiner can normally be reached 1PM - 10PM.
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/X.H.L/Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742