FINAL 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 .
Applicant’s Amendment
The amendment received 10/9/2018 has been acknowledged and formally considered. The amended drawings do not overcome the rejection under 35 U.S.C. 112 (a) and (b) of record. Therefore, a final rejection under 35 U.S.C 112 (a) and (b) is given:
Drawings
After further review, the drawing disclosure does not meet the requirements of 37 CFR 1.84 because:
Drawings
The drawing disclosure does not meet the requirements of 37 CFR 1.84 because:
In the replacement drawings, the object lines appear pixelated and blurry. See example arrowed to below. The lines, numbers and letters must be uniformly thick and well defined, clean, durable and black. 37 CFR 1.84(I).
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Claim Rejection - 35 USC § 112(a) and (b)
The claim is now FINALLY 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 claim is indefinite and nonenabling due to the following portions of the design that cannot be understood as disclosed:
In the action of 04.08.2026, the examiner was unable to determine the exact configuration of the areas highlighted in gray and arrowed to below. The surfaces indicated below were not clearly shown as being on the same plane as each other or what might be recessed or raised above other elements. Therefore, it would be impossible for one skilled in the art to make and use the design without resort to conjecture.
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While these surfaces were reduced to broken lines in replacement figure 3 and 5, these same areas were not consistently reduced in the remaining figures to broken lines, creating an inconsistent disclosure of the claim.
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To overcome this final rejection, applicant should clearly and consistently disclose the claim.
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 stands FINALLY REJECTED under 35 U.S.C. 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 ISABELLE SOLEIL FARINEAU whose telephone number is (703)756-1986. The examiner can normally be reached M-F 8:30am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richard Kearney can be reached at (571)272-8312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/I.S.F./
Examiner, Art Unit 2933
/DARCEY E GOTTSCHALK/Primary Examiner, Art Unit 2922
