DETAILED ACTIONNotice 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 .
Examiner’s Comment
Applicant’s response filed on 07/02/2026 and the amendment of specification and drawing sheets is acknowledged. However, the reproductions objection has not been completely overcome and the Examiner has found new grounds for rejection under USC 112(a)&(b) which was previously overlooked and is set forth below.
Reproductions Objection
The amended reproductions received on 07/02/2026 are objected to because the figure numbers have been changed from the original disclosure. The figure numbering appearing in the published international registration should be preserved during prosecution of the nonprovisional international design application before the USPTO. Applicants should not renumber the figures on the amended reproduction sheets. 37 C.F.R. 1.1026
The 07/02/2026 reproduction descriptions are numbered as “Figure 1.1”, “Figure 1.2”, …”Figure 1.5”. However, the inclusion of the word “Figure” is unacceptable per Hague Administrative Instructions Section 405, per 37 CFR 1.1026 and MPEP 2909.02. Accordingly, for proper form must be retained in the reproduction labels as originally disclosed. Therefore, the reproduction descriptions must be renumbered as “1.1”, “1.2”… “1.5”, respectively.
Claim Rejection - 35 U.S.C. §112 (a)&(b)
The claim is rejected under 35 U.S.C. 112 (a)&(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 unclear and non-enabling because it is inconsistently illustrated. Figure 1.1 illustrates four protruding vertical elements having solid line bottom ends. However, Figure 1.2 illustrates the ends of the four vertical elements in unclaimed broken line.
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The examiner recommends submitting amended drawing sheets that illustrate the ends of the vertical elements indicated consistently across all views.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA M POTTENGER whose telephone number is (703)756-1871. The examiner can normally be reached Mon-Fri 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lakiya Rogers can be reached at (571) 270-7145. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.P./
Examiner, Art Unit 2934
/BRETT MILLER/Examiner, Art Unit 2934
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