Detailed Office Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Refusal under 35 U.S.C. 112(a) and (b)
The claim is refused 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 non-enabling due to the following:
The visual disclosure is inadequate such that the appearance and shape or configuration of the design for which protection is sought cannot be determined or understood (MPEP § 1504.04). Specifically, the shape or configuration of the portion shown at the end of the platform enclosure cannot be determined or understood from the views provided due to inconsistencies between Figures 1.1 and 1.4. There is a change of thickness in the lines in Figure 1.1; however, there is no change in line thickness in Figure 1.4. It is unclear if there is a change in shape being indicated in Figure 1.1, or if there is potentially a drafting error. See the annotated figures below:
PNG
media_image1.png
1283
1271
media_image1.png
Greyscale
The shape or configuration of the portion shown at the other end of the platform enclosure cannot be determined or understood because of inconsistencies between Figures 1.1, 1.4, and 1.8. The seam of the portion extends further in Figure 1.4 than what is shown in Figures 1.1 and 1.8. See the annotated figures below:
PNG
media_image2.png
2034
1645
media_image2.png
Greyscale
The shape or configuration of the portion shown in Figure 1.5 cannot be determined, because it does not correlate with what is shown in Figure 1.6. There is a portion that sticks out in Figure 1.5; however, there is no portion shown sticking out in Figure 1.6. See the annotated figures below:
PNG
media_image3.png
453
1386
media_image3.png
Greyscale
The thick, merging lines obscure the portion shown in Figure 1.7, such that it’s shape or configuration cannot be determined or understood. Additionally, it’s depth or location inside the platform enclosure cannot be determined from the views provided. See the annotated figures below:
PNG
media_image4.png
919
1126
media_image4.png
Greyscale
There is an inconsistency between Figures 1.7 and 1.9. Figure 1.7 shows shading inside the platform enclosure, which indicates a solid surface; however, there is no shading in this area in Figure 1.9, which makes it appear to be open. In addition, it cannot be determined or understood where the inner surfaces shown in Figures 1.7 and 1.6 are placed inside. Are we seeing the same portion through both ends, or are there two separate surfaces inside? Do the surfaces shown in Figures 1.6 and 1.7 exist at the very end of the platform enclosure, or somewhere inside? These questions cannot be answered from the views provided. See the annotated images below:
PNG
media_image5.png
724
1274
media_image5.png
Greyscale
To overcome this refusal, it is suggested that applicant submit new reproductions of the claimed design that show the design clearly and consistently. The line quality should be improved to show the obscured areas more clearly. Applicant could include additional enlarged views to show obscured details more clearly. 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.
Replacement Reproductions
Any amended replacement reproduction 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 reproduction should not be labeled as “amended.” If a 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 reproductions for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each reproduction 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 claimed design is refused under 35 U.S.C. 112(a) and (b) as set forth above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carson Bendel whose telephone number is (571)270-0879. The examiner can normally be reached Mon-Fri, 8:30am-5pm 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, Shawn Gingrich can be reached at (571)270-0218. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.J.B./Examiner, Art Unit 2934
/T Chase NELSON/Primary Examiner, Art Unit 2926