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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/22/2026 has been entered.
Response to Amendment
The amendment filed on 05/22/2026 has been fully considered and made of record.
Drawings
The drawings were received on 05/22/2026. These drawings are not acceptable. Figures 1-3 have been filed as part of amendment to drawings. However, none of the sheets of drawings are labeled as “Replacement Sheet” to take place of original Figures 1-3 or labelled as “New Sheet” if a new figure is presented. Applicant should file new drawings with proper identifying labels in order to be in compliance and thus, be entered.
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 folding angle 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.
Specification
The amendment filed 05/22/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The amended paragraph [0007] discloses:
“[0007] STEP 1, preparing materials: preparing a cutting tool and several metal strips, cutting the spiral metal strips into different lengths according to three-dimensional architectures or planar architectures of decorative parts in different shapes, and winding up the cut metal strips through a winding machine to form spiral metal strips for use.”
However, the originally filed disclosure including claims and specification discloses that the “several metal strips” and not the “spiral metal strips” are cut first into different lengths and then through a winding machine are formed into “spiral metal strips.”
Applicant is required to cancel the new matter in the reply to this Office Action.
The disclosure is objected to because of the following informalities:
In paragraph [0011] as amended, the limitation “in step STEP 2” needs to be amended to - -in - -.
Appropriate correction is required.
Claim Objections
Claims 1-7 are objected to because of the following informalities:
The quality of the amendment is very poor and hard to understand what limitations are added and what limitations are omitted.
In claim 1, STEP 3, line 3, the limitation “in step STEP 2” should be amended to - - in .
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 1-7 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.
In claim 1, STEP 2 used to recite that two ways of “interlacing” and “winding” are utilized to form different shapes. However, amended claim 1 now recites “either of the following two methods of stretching (interlacing) and winding is utilized in forming process which is considered as New Matter.
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 1-7 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.
Claim 1, STEP 1 recites the following:
“[0007] STEP 1, preparing materials: preparing a cutting tool and several metal strips, cutting the spiral metal strips into different lengths according to three-dimensional architectures or planar architectures of decorative parts in different shapes, and winding up the cut metal strips through a winding machine to form spiral metal strips for use,” (emphasis added).
The highlighted texts appear to contradict one another as is not clear how one of ordinary skill in the art would understand to cut a spiral metal strip and then wind it to form it into spiral shape.
It appears that Applicant interchangeably uses the limitations “metal strips” and “spiral metal strips” which is confusing and appear to be incorrect. To the best of examiner’s understanding, the metal strips are originally provided and cut into sizes and then formed into spiral strips. Therefore, any other processes that follows after the formation of the spiral strips need to be referred to “spiral metal strip” and not “metal strip.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARANG AFZALI whose telephone number is (571)272-8412. The examiner can normally be reached M-F 7 am - 4 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARANG AFZALI/Primary Examiner, Art Unit 3726 05/30/2026
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