DETAILED ACTION
The rejection of the claim under 35 USC 251 has not been overcome because the response does not include a replacement declaration. The response discusses the changes being made to the declaration, and it includes an error statement, but an error statement alone does not qualify as a fully compliant declaration. This is not a situation where a supplemental error statement will fulfill the requirement for a corrected declaration. This situation only applies when additional defects or errors are corrected in the reissue after the filing of the original reissue declaration. In the present situation, the original declaration is defective so a new and complete declaration is required.
Drawings
The replacement drawings are approved.
Specification
The replacement specification is acceptable.
Claim Rejections - 35 USC § 251
The claim is rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The reissue declaration filed with this application is defective because it fails to identify at least one error which is relied upon to support the reissue application. See 37 CFR 1.175 and MPEP § 1414, and the supplemental error statement does not address the issue that the original declaration is defective. The error filed on its own does not overcome this ground of rejection but if it was included in fully compliant declaration, the declaration would be acceptable.
Conclusion
The claim is finally rejected under 35 U.S.C. §251.
THIS ACTION IS MADE FINAL. 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 should be directed to PHILIP S. HYDER at telephone number (571)272-2621.
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 contact the examiner directly or 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, Justin Jonaitis can be reached on 571-270-5150.
/Philip S. Hyder/
Primary Examiner, Art Unit 2924
psh
