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 .
Objection – Specification
The specification must include a description of each figure. The sole description provided is not sufficient to explain each view submitted in the disclosure. The descriptions of the figures are not required to be written in any particular format; however, they must describe the views of the reproductions clearly and accurately. See Hague Rule 7(5)(a), 37 CFR 1.1024, MPEP 2920.04(a)(II). For this reason, the specification must be amended. The Examiner suggests the following:
FIG. 1.1 is a perspective view;
FIG. 1.2 is a left side view;
FIG. 1.3 is a right side view;
FIG. 1.4 is a front view;
FIG. 1.5 is a rear view;
FIG. 1.6 is a bottom plan view; and
FIG. 1.7 is a top plan view.
REMARKS
Claim Rejection - 35 U.S.C. §112 (a) & (b)
The claim is rejected under 35 U.S.C. 112(a) and (b) or pre-AIA 35 U.S.C. 112, 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 nonenabling because the appearance and shape or configuration of the design for which protection is sought cannot be determined or understood due to an inadequate visual disclosure, and therefore such disclosure fails to enable a designer of ordinary skill in the art to make an article having the shape and appearance of the design for which protection is sought.
1. Without a perspective view of the bottom, the intents of the lines indicated in by the arrows are not reconciled. Please see below.
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media_image1.png
464
624
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Greyscale
2. Additionally, the horizontal lines in 1.4 and 1.5 are not correspondingly seen in another view to reconcile their intention. Please see below.
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media_image2.png
469
658
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Greyscale
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When preparing new or replacement drawings, care should be taken to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
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.
Conclusion
The claim stands rejected under 35 USC §112.
The references cited but not applied are considered cumulative art related to the claimed design.
A response is required in reply to the Office action to avoid abandonment of the application. Any amendment submitted in response to this Office action must be in compliance with 37 CFR 1.121.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nader Abadir whose telephone number is (571) 272-9118. The examiner can normally be reached 9:00 AM - 5:00 PM EST.
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, Rich Edgar can be reached at (571) 272-4816. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/N.A./
Examiner, Art Unit 2931
/RICHARD EDGAR/Supervisory Patent Examiner, Art Unit 2931