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 .
The disclosure is objected to because of the following informalities: Paragraph 61 lines 1 and 4 appear to contain minor errors that should be corrected. In the former, and looking at Fig 2B to which the paragraph refers “132” should be “116”, and in the latter “116” should be “132”.
Appropriate correction is required.
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 features identified in paragraph 5 below as not being shown in the drawings, including the features of claims 8 and 13-15 must be shown, or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Subject matter in the claims that was not described in the specification in such a way as to reasonably convey possession of the claimed invention by the applicant is (with emphasis on the text in bold):
A. “a body having a first side and a second side” (Note claim 1)(No first side and second side of body 100 in the Fig 1A embodiment appears to be described at all in the specification. Same for the Fig. 2A embodiment, although in this case the specification teaches “double sided” (see specification 59) and “on opposite sides of the device” (see specification 60), for example. Thus, it appears that the left and right sides of the device in Fig 2A could be the claimed “first side” and “second side”, however, in this event the specification description is inadequate because it does not describe which side is the claimed “first side” and which side is the claimed “second side”. Nor do the drawings adequately describe these features either (since one cannot distinguish the first and the second sides from the drawings). Additionally, and in any event, what might be the claimed first side and the second side of the Fig 2 embodiment as described immediately above, does not appear applicable to the Fig 1 embodiment);
B. “…the body defining an elongated internal track extending along a longitudinal axis between the first side and the second side;” (Note claim 1)(It is not clear from the specification description how track 102 can be said to be “elongated”. Nor is it clear from the specification description how the track 102 can be said to “extend along a longitudinal axis between the first side and the second side”. Note the description in specification 52 taken together with the application drawings, for example. Together with the specification description itself not being clear, however, the drawings are confusing in the above regard since the longitudinal direction in each embodiment is left to right in the figures. Additionally, as before, no first side and second side were identified in the specification for the Fig. 1 embodiment);
C. “a mounting assembly slidably secured within the elongated internal track” (Note Fig 1)(This feature is also inadequately described in the specification. See, for example. Specification 52 again. Lines 5-6 mention that track 102 guides the movement of mounting assembly 104 allowing it to slide along the length of the body 100. However, exactly how this is done is done (how the mounting assembly is guided by track 102 and slides as described) is not described in the requisite detail, and it is not apparent from looking at applicant’s drawings. Is there some part of mounting assembly 104 that engages track 102, for example? Moreover, the length of the body 100 would appear to be the long dimension of the body 100, that is left to right in the figures. How does the mounting assembly slide left to right in the figures along internal track 102? Look at the direction of the track 102 in Fig 1C for example.);
D. “extending externally from a first side of the body” (note claim 1 line 9)(Note the commentary above with regard to the improperly described first side of the body. In the Fig 2 embodiment, assuming the first and second sides are left and right sides in the drawings, the mounting screw extends from between these sides, not from either the left side or the right side of the body. In the Fig 1 embodiment is the right side the first side of the body? Where does the specification describe this?);
E. “a female connection point on the second side of the body” (note claim 1)(this appears to suggest that the second side is the bottom side in the application drawing figures, however, as indicated above, the feature that is the second side of the body is not well described in the specification, including not described therein at all. Additionally, this interpretation of second side appears inconsistent with the description of the “opposite sides” and “double sided” of the Fig 1 embodiment that appear to indicate left and right sides of the figures as pointed out above.);
F. “at least one compartment defined within the body” (note claim 1)(The specification does not adequately describe the feature. Same for the drawings. It is not apparent from the specification and/or the drawings what particular structure constitutes the claimed at least one compartment. Looking at Fig 1C is it a compartment defined by outer casing 120, inner casing 126 or memory card trays 128?);
G. “the mounting assembly is movable along the elongated track, thereby allowing the relative position of the body with respect to the male and female connection points to be adjusted” (Note claim 1)(Note the commentary above.);
H. The spring loaded mechanism, recessed portion seating the screw head, locking mechanism and protective cover of claims 8 and 13-15, including a lack of showing of the same in the application drawings;
I. All of these same features as they appear in any claims not specifically identified above, whether the claims use the same terminology or use slightly different terminology.
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 1-15 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 claims are indefinite because they cannot be adequately interpreted given that the claim features identified above were not adequately described in the specification. Claims such as claim 11 are further indefinite because they recite further limitations on the card holder content or limitations that depend on the card holder content, which indicates that perhaps these claims are directed to the combination of the card holder and content rather than to the sub-combination of the card holder only.
The claims are so indefinite for the above reasons that they have not been further examined on their merits.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736