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 .
INCORPORATED BY REFERENCE
This application incorporates by reference the benefit of International Application No. EM015048816-0011, filed on January 26, 2024.
ELECTION ACKNOWLEDGED
Applicant’s election of Group II Reproductions 2.1-5.7 for further prosecution herein and concurrent amendment cancelling the non-elected Groups is acknowledged. Election was made without traverse in the reply filed 11/04/2025.
OBJECTIONS
Specification
The specification is objected to because the FIG. descriptions were renumbered based on the restriction requirement. 37 C.F.R. 1.1026 Reproductions “If designs are cancelled, for example, as a result of a restriction requirement, applicants should not renumber the figures of the remaining design(s)”. All reproductions should be returned to their numbering in original filing 11/29/2024.
The title of the design identifies the article in which the design is embodied by the name generally known and used by the public and may contribute to defining the scope of the claim (MPEP 1503.01). The examiner objects to the title because it is not referred to consistently throughout the specification. In some places it is “Jar Opener”, in others it is “Salad Spinner” The following title is suggested:
--Salad Spinner--
Or another title as appropriate. The title must be amended throughout the application, original oath or declaration excepted.
Drawings
The drawings are objected to because they were renumbered based on the restriction requirement. 37 C.F.R. 1.1026 Reproductions “If designs are cancelled, for example, as a result of a restriction requirement, applicants should not renumber the figures of the remaining design(s)”. All reproductions should be returned to their numbering in original filing 11/29/2024.
CLAIM REJECTION
The claim is rejected under 35 U.S.C. 112(a) and (b) or 35 U.S.C. 112 (pre-AIA ), first and second paragraphs, 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 (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention.
The claim is indefinite and non-enabling because the visual disclosure of the claimed design as originally filed is of such poor quality that its overall shape and appearance cannot be understood (MPEP § 1504.04), specifically:
In the replacement drawings the quality of drawings has deteriorated to the point of changing/distorting the shape of the design and of obscuring detail in the colored drawings this effects all drawings 1.1-4.7. Below annotates a few examples only, the onus is on applicant to review all drawings for these issues. Examiner recommends returning to the original drawings of the elected group as filed and numbered.
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457
668
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374
708
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407
699
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Because of the inadequate disclosure the claimed design is in fact subject to multiple interpretations, and one of ordinary skill in the art would not be able to make and use 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 remove from the claim the areas or portions of the design that are considered indefinite and non-enabled, by converting them to broken line and amending the specification to indicate those portions form no part of the claimed design.
Replacement drawings, 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.
Avoidance of new matter
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).
References cited
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
CONCLUSION
Accordingly, the claim is rejected under 35 U.S.C. 112(a) and (b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA ALDIN whose telephone number is (703)756-1468. The examiner can normally be reached 9:00-5:00 M-F. 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, Barbara Fox can be reached at (571)272-4456. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.H.A./Examiner, Art Unit 2936
/CALVIN E VANSANT/Supervisory Patent Examiner, Art Unit 2937