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 Rejections - 35 USC § 112
Claims 1-17 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.
In regard to claim 1, the phrase “… to realize attachment …” (line 3) is narrative and fails to define a clear and definite attachment. Also, in regard to claim 1, the phrase “the encapsulation soft rubber comprises a foaming area inside” (line 4) is indefinite as to whether the foaming area is part of the material that makes up the encapsulation soft rubber or just an area within the encapsulation soft rubber. Clarification is respectfully requested.
In regard to claims 2 and 3, it is unclear as to how an “area” (claim 2 and 3, line 2) can possess a foaming density as claimed, since it is unclear as to whether the “area” is made up of a material or now (see rejection of claim 1 above). Clarification is again respectfully requested.
In regard to claim 14, it is unclear as to whether the “external component” in line 2 is the same “external component” already claimed in claim 1; it appears to the Office that the components are doubly (i.e. duplicate) claimed.
Applicant is respectfully requested to review the entire set of claims for other similar occurrences of indefinite language, since the above listing may only be exemplary and not exhaustive in nature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Sun et al. reference pertains to an encapsulated bright strip device with similarities to that of Applicant but fails to disclose a foaming area similar to that claimed by Applicant.
Claims 1-17 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: none of the prior art of record, with the Sun et al. reference appearing to be the closest prior art device, alone or in combination, teach Applicant’s invention of an encapsulated bright strip assembly inclusive of details regarding an encapsulated soft rubber with a foaming area inside, as claimed. To modify the closest prior art device to have such feature would involve teachings gleaned only from the instant application for patent.
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/STEVEN O DOUGLAS/Primary Examiner, Art Unit 3612
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