FINAL ACTION
General Information
The merits of this case have been carefully examined again in light of Applicant's response received 1/26/2026. The rejection of record under 35 USC § 112 (a) and (b) has not been overcome by Applicant's amendment and is hereby repeated and made FINAL.
Claim FINAL Rejection – 35 U.S.C. § 112 (a) and (b)
The claim is AGAIN and FINALLY 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 applicant regards as the invention.
Applicant did not address all considerations of the first rejection. The claim is indefinite and non-enabling for the following reason/s:
The claimed broken lines in replacement figure 1.7 are still shown inconsistently. Based on the descriptive statement in the specification, the Examiner understands that the broken lines illustrate the appearance of claimed seams.
Applicant has added new claimed broken lines in figure 1.7 to areas that are not shown with broken lines in figures 1.1-1.5. Specifically, broken lines shown along the bottom back edge of the bag and up the sides to the front that are shown in 1.7 are not shown in 1.1-1.5. Further, the shape and end location of the claimed broken lines along the top edge of the handbag are inconsistent in replacement figure 1.7. It is therefore unclear how replacement figure 1.7 combines with original figures 1.1-1.5 to show one definite claimed appearance. See below:
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844
686
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744
594
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841
704
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
The references cited but not applied are considered cumulative art related to the claimed design.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samantha L Brodowski whose telephone number is (571)272-9142. The examiner can normally be reached Monday-Friday, 8:30 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Simmons can be reached at (571) 272-2658. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.B./
Examiner, Art Unit 2915
/RICHARD EDGAR/Supervisory Patent Examiner, Art Unit 2972