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 .
Priority
The Examiner notes that the Acknowledgement of Priority under 35 U.S.C §119 in the Non-Final Rejection of 09/05/2025 was erroneous, as the Application is a U.S. National Stage Application with priority to Provisional Patent Application #63/362,695 (Filed 04/08/2022).
Response to Arguments
Applicant’s arguments with respect to claims 9-12 and 14-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 9 is objected to because of the following informalities:
Line 4 recites, “a first side piece comprising a first outer and first recess” and should likely read, “a first side piece comprising a first outer surface and first recess”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 9-12 and 14-16 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.
Regarding claim 9:
Line 5 recites, “at a first location having a first non-zero distance from the first outer surface” However, “first non-zero distance” does not appear anywhere in the specification, and [0036] of the immediate specification also indicates, “The first recess 412 is formed directly inward of the first outer surface 404” which could include a first recess that is formed with the first outer surface and therefore the claim 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 inventor or a joint inventor at the time the application was filed has possession of the claimed invention.
Lines 10-11 recite, “at a second location having a second non-zero distance from the second outer surface” However, “second non-zero distance” does not appear anywhere in the specification, and [0040] of the immediate specification also indicates, “The second recess 512 may be formed directly inward of the second outer surface 504” which could include a second recess that is formed with the second outer surface and therefore the claim 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 inventor or a joint inventor at the time the application was filed has possession of the claimed invention.
Claims 10-12 and 14-16 are rejected based on their dependencies.
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 RYAN C CLARK whose telephone number is (571)272-2871. The examiner can normally be reached Monday - Thursday 0730-1730, Alternate Fridays 0730-1630.
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/RYAN C CLARK/Examiner, Art Unit 3745