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 .
Drawings
The drawings are objected to because Fig. 1 contains more than one figure, and it is unclear if Fig. 1 shows an exploded view of a single figure, or if Fig. 1 includes individual figures labeled together as a single figure. If the figures represent an exploded view, then they should be connected by lead lines or the separate parts should be embraced by a bracket. However, if there are individual figures in Fig. 1, then the individual figures should be represented by respective Figure numbers (e.g. Fig. 1A, Fig. 1B, etc.). See MPEP 608.02 V (h).
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.
Claim Objections
Claims 16, 19, 20, 27, and 30 are objected to because of the following informalities:
Claim 16: “A method of manufacturing a decorated leather article from one or more hides comprising the following steps…” should read “A method of manufacturing a decorated leather article from one or more hides, the method comprising the following steps…” to enhance clarity
Claim 16: “the mechanically appended fist alignment means” (lines 11-12) should read “the mechanically appended first alignment means”
Claim 19: “selecting an other digital flat leather part that corresponds to an other flat leather part of the leather article; determining for the selected other digital flat leather part a second position within the digital contour and within the second grade zone; and inkjet printing another image on an other location that corresponds to the second position” should read: “selecting a second digital flat leather part that corresponds to a second flat leather part of the leather article; determining for the second digital flat leather part a second position within the digital contour and within the second grade zone; and inkjet printing a second image on a second location that corresponds to the second position” to enhance clarity and consistency
Claim 20: “the first and the second grade zone” should read either “the first and [[the]] second grade zones” or “the first grade zone and the second grade zone” to enhance clarity
Claim 27: “wherein the line is a curved line or wavy line or zigzag line” should read “wherein the line is a curved line or a wavy line or a zigzag line”
Claim 30: “wherein the hide is selected from the group consisting a belly, a butt, a double butt, a shoulder, a double shoulder, a side and a whole hide” should read “wherein the hide is selected from the group consisting of: a belly, a butt, a double butt, a shoulder, a double shoulder, a side and a whole hide” to enhance clarity and to properly recite the Markush grouping
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
See “first alignment means” and “second alignment means” in at least claim 16.
Per paragraphs 0013 and 0042-0046 of the specification, the limitation “first alignment means” appears to correspond to:
cutting along a straight line, a zigzag line, a wavy line, or a curved line,
punching holes,
punching notches,
providing a female connector, or
providing a male connector
Per paragraphs 0014 and 0042-0046 of the specification, the limitation “second alignment means” appears to correspond to:
a shape that fits with a straight, curved, wavy, or zigzag line of the first alignment means,
pins that fit the punched holes or notches of the first alignment means,
a male connector configured to attach to a female connector of the first alignment means, or
a female connector configured to attach to a male connector of the first alignment means
Allowable Subject Matter
Claims 16-30, as interpreted above, are allowable over the prior art of record, pending correction of the claim objections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. For example, Van Garsse (WO 2022/096398) teaches a method of manufacturing a decorated leather article, comprising steps of: selecting a hide, selecting a corresponding digital flat leather part, applying the hide on a first support, determining a first position within a digital contour, and inkjet printing an image on a location that corresponds to the first position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCELYN BRAVO whose telephone number is (571)270-0581. The examiner can normally be reached Monday, Tuesday, Thursday, and Friday, 12:00 pm - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup, can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOCELYN BRAVO/Primary Examiner, Art Unit 3732
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