Notice of Pre-AIA or AIA Status
The present application is being examined under the first inventor to file provisions of the AIA .
Final Rejection
General Information
The merits of this case have been carefully reexamined in light of applicant's response received 06/04/2026. It is the Examiner's position that the rejection of record under 35 USC § 112(a)(b) and 35 USC 171 has been overcome by applicant's amendment and is hereby withdrawn. However, applicant's amendment has introduced impermissible new matter into the claim and necessitates the FINAL rejection under 35 USC 112, paragraph (A) (first paragraph), set forth below.
Claim FINAL Rejection - 35 USC § 112(a) - New Matter
The claim is FINALLY rejected under 35 U.S.C. 112(a) as failing to comply with the description requirement thereof since the drawing amendment introduces new matter not supported by the original disclosure. The original disclosure does not reasonably convey to a designer of ordinary skill in the art that applicant was in possession of the design now claimed at the time the application was filed. See In re Daniels, 144 F.3d 1452, 46 USPQ2d 1788 (Fed. Cir. 1998); In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
Specifically, there is no support in the original disclosure for a broken boundary line around the claim and the embossed raised features shown.
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Guidance for Amendment
To overcome this rejection, applicant may attempt to demonstrate that the original disclosure establishes that he or she was in possession of the amended claim or applicant may revert to the original disclosure and attempt to properly render the claimed elements. Examiner notes that the if the applicant reverts to the original disclosure that the figure view must be of the highest quality so that it can be satisfactorily reproduced in the printed patent. 37 CFR § 1.84(b)(1). The applicant must submit higher quality photographs that clearly show the details of the design.
If certain non-enabled portions of the design cannot be fully enabled without the introduction of new matter, applicant may remove from the claim the areas or portions of the design that are considered indefinite and nonenabling by converting them to broken line and amending the specification to indicate those portions form no part of the claimed design.
Conclusion
This claim stands FINALLY rejected under 35 USC 112(a).
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 or earlier communications from the examiner should be directed to JASMINE L. COLEMAN whose telephone number is (571)272-8539. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richard Kearney can be reached on (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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/J.L.C./Examiner, Art Unit 2933
/RICHARD EDGAR/Supervisory Patent Examiner, Art Unit 2972
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