FINAL REJECTION
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 .
General Information
The merits of this case have been carefully examined again in light of applicant’s response received 10/20/2025. It is the Examiner’s position that the rejection of record under 35 U.S.C. 112 (a) and (b) has not been overcome by the applicant’s amendment and a final rejection is set forth below.
35 USC 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 applicant regards as the invention.
The claimed invention is indefinite and nonenabling because the overall shape/configuration and scope of the design cannot be understood without resorting to conjecture. Since the drawing disclosure constitutes the entire visual disclosure of the claim, it is imperative that the drawing or photograph be clear and complete. Nothing regarding the design sought to be patented must be left to conjecture. See MPEP 1503.02.
The claim is indefinite and nonenabling for the following reasons:
The exact three-dimensional shape of the indicated tab element on the article (indicated below) is still not clearly disclosed. Why is the shape and thickness different in all the views? As currently disclosed it would be impossible for one skilled in the art to make and use the design without resort to conjecture.
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Applicant may overcome this rejection by amending the drawings to clearly and consistently show the tab element in all the views, or by reducing the tab element to broken line removing it from the claim.
Because of the insufficient information in the drawings provided, the claimed design is in fact subject to multiple interpretations, and one of ordinary skill in the art would not be able to reproduce the design without the use of conjecture. This renders the claim indefinite and non-enabled. In order to overcome this rejection, it is suggested that the design be shown clearly and consistently among the views. However, care must be taken to not introduce new matter. It must be apparent that applicant was in possession of the amended design at the time of original filing. When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Conclusion
The claim is FINALLY REJECTED under 35 USC 112 (a) and (b).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN CZYZ whose telephone number is (571)270-0204. The examiner can normally be reached on Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Simmons can be reached on 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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/STEVEN J CZYZ/Primary Examiner, Art Unit 2922