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 .
Specification Objection
The title is objectionable because it is misdescriptive, inaccurate or unclear (MPEP 1503.01(I)) and may lead to confusion as to the subject matter of the claim. Specifically, the word “Golfing Watch Band Holder” can be interpreted as two different articles of manufacture: a “Holder” for a Golfing Watch Band, or a “Golfing Holder” being applied to a Watch Band. The title must identify the article in which the design is embodied by the name generally known and used by the public (37 CFR 1.153(a) and MPEP 1503.01). Therefore, for proper description, accuracy, and to clearly indicate the article being claimed, the title must be canceled throughout the application, original oath or declaration excepted, and replaced with a proper title, such as Watch Band Accessory, Watch Band Golfing Accessory, or something similar.
Furthermore, the broken line description is objectionable because it does not explicitly state what the broken lines represent. Broken lines are most commonly used for two purposes: 1) to disclose the environment related to the claimed design, or 2) to define the bounds of the claim (MPEP 1503.02 (III)).
The term environment includes portions of the design and environmental structure. While portions are descriptive of actual parts of the article of manufacture (designated by the title of the design), environmental structure is descriptive of subject matter beyond the article embodying the design.
Broken lines used as boundaries define unshaded regions and are normally understood to represent claim limitations.
Since broken lines may mean different things in different circumstances, it must be made clear in each design case what they mean, else the claim is bad for indefiniteness under 35 U.S.C. 112 (In re Blum 153 USPQ 177 (1967)). It appears that applicant's intent is that the broken lines illustrate portions. Therefore, in order to clarify the relationship of the broken line subject matter to the solid line of the claim, the broken line description in the characteristic feature statement must be amended as follows (MPEP § 1503.02, (III)):
-- The broken lines are for the purpose of illustrating portions of the [insert new title] and form no part of the claimed design. --
Claim Rejection – 35 U.S.C. 112 (a) and (b)
The claim is rejected under 35 U.S.C. 112, (a) and (b), as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
The claim is indefinite and non-enabling because the exact and complete appearance of the Golfing Watch Band Holder cannot be determined because all figures include confusing broken and shade lines. The location of these confusing broken and shade lines prohibits the understanding of the bounds of the claim. Shade lines indicate that a surface is included in the claim, and the broken lines represent unclaimed elements. There is no clear boundary between the unclaimed areas and the claimed surface with shade lines. Examiner notes that FIG. 8 and FIG. 9 include the same confusing areas.
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Replacement Drawings
A response is required in reply to the Office action to avoid abandonment of the application. If corrected drawings are submitted in response to this Office action, they must be in compliance with 37 CFR 1.121(d). 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. If all the figures on a drawing sheet are canceled, a replacement sheet is not required. A marked-up copy of the drawing sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that drawing sheet have been canceled must be presented in the amendment or remarks section that explains the change to the drawings. 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.
When preparing new or replacement drawings, any amendment must meet the written description requirement of 35 USC 112(a). It must be apparent that applicant was in possession of the amended design at the time of filing. This pertains to either: the addition to, or the removal of, any elements shown in the originally disclosed design.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sarah Ault whose telephone number is (571)272-9278. The examiner can normally be reached on Monday-Friday from 8:00am to 2:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ian Simmons, can be reached at (571)272-2658. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SA/Examiner, Art Unit 2913
/IAN SIMMONS/Supervisory Patent Examiner, Art Unit 2913