DETAILED 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 .
Rejection Under 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 or a joint inventor regards as the invention.
The claim is indefinite and nonenabling due to inconsistencies in configuration and scope and unclear appearance of the claimed design. Refer to the following:
1) The top two button features are shown inconsistently across the drawing figures. In FIGS. 1.2 and 1.6 the top right button feature shows an additional structural feature the is not shown in FIGS. 1.1 and 1.7. See the grey colored portion below.
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Further, FIGS. 1.1-1.2, 1.4, 1.6 and 1.7 show the taller button placed on the right side of the article and the shorter button placed on the left side of the article. FIG. 1.5 inconsistently shows what appears to be the shorter button in front of the taller button, and on the right side of the article. See the reference image below.
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2) The drawings show the upper tube housing, and transparent housing with internal structures, inconsistently. See the reference image below for the specific portions of the article that are illustrated unclearly and are considered non-enabled - the image below is for general reference.
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Specifically, the upper tube housing is shown in different configurations in FIGS. 1.1-1.2, and 1.4-1.7 See the annotated images showing the different configurations of the claimed design.
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The transparent housing with internal structures, is shown in different design configurations and is unclearly depicting the claimed design. Refer to the following annotated images for details.
In FIGS. 1.1 and 1.7 the top arced grooves of the transparent housing structure do not connect with the back of the housing, while FIGS. 1.2, and 1.4-1.6 appear to show the arc shaped contour grooves connect to the back of the housing. Additionally, because of the difference in design shapes (depths of arcs) the appearances of the arced grooves are unknown. See the example images below.
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Additionally, the internal structures shown in the center of the transparent housing are depicted inconsistently. See the annotated reference images below.
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(FIG. 1.7 additionally shows the same non-enabled features as FIG. 1.1 above)
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(FIGS. 1.4-1.5 also show inconsistent center top, and internal structures inconsistently and unclearly)
3) FIG. 1.3, the rear view, shows multiple features which are not shown in any other views in enough detail to confirm their three-dimensional appearance. Therefore, there is no support in the instant application to enable one of ordinary skill in the art to understand the depth, contour, and configuration of the features of the rear of the article without resorting to conjecture. The drawing must contain as many views as necessary to show the invention. See 37 CFR 1.84 (h).
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To overcome the rejections set forth, it is suggested to convert the non-enabled portions, colored grey above, of the article to broken-lines and remove surface shading from internal structural surfaces (if applicable).
If converting solid lines to dashed broken lines in future amendments, a broken line description is required for each type of broken lines shown (if not already provided), and should clearly describe what the broken lines illustrate, as well as their relationship to the claimed design. See MPEP 1503.01(II)(A)(3) and MPEP 1503.02(III) for more information.
Because of the inconsistencies, and inadequate visual disclosure, the claimed design is in fact subject to multiple interpretations, and one of ordinary skill in the art would not be able to understand the design without the use of conjecture. This renders the claim indefinite and non-enabled.
To overcome this rejection, it is suggested that applicant submit new drawings of the claimed design that show the design clearly and consistently. If certain non-enabled portions of the design cannot be fully enabled without the introduction of new matter, applicant may disclaim the areas or portions of the design that are considered indefinite and nonenabling by converting them to broken lines and amending the specification to indicate those portions form no part of the claimed design.
If applicant chooses to exclude portions of the design from the claim by converting those portions of the article to broken lines, the 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 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).
Replacement Drawings
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are suggested in reply to the Office action to avoid abandonment of the application. 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, 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 rejected under 35 U.S.C. 112(a) and (b).
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD P JONES whose telephone number is (571)270-1816. The examiner can normally be reached M-F, 9-5 ET.
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 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, Jennifer Rempfer can be reached on 571-270-0248. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.P.J./Examiner, Art Unit 2933
/JENNIFER L REMPFER/Supervisory Patent Examiner, Art Unit 2933
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