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 .
Claim Rejection- 35 U.S.C. § 112 (a) and (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 non-enabling because there are multiple articles in the application, making it unclear whether the claim is intended to be directed to a single article or set of articles or separate embodiments. There is no indication if the design feature in figures 1.8, 2.8, 3.8 and 4.8 are part of the claim or showing the environment. Therefore, clarification of what the application claims is necessary. See the images below:
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The drawing disclosure is also objectional because of the inconsistency in figures 2.3 and 2.4 and figures 3.3 and 3.4 in regards to corresponding figures 2.8 and 3.8, respectively. The design feature in figures 2.8 and 3.8 should be visible in figures 2.3, 2.4 and 3.3,3.4 but the feature is missing in the figure drawings. The design must be represented by drawings that comply with the requirements of 37CFR 1.84 and must contain sufficient number of views to constitute a complete disclosure of the appearance of the design, 37 CFR 1.152(MPEP 1503.02). Therefore, figures 2.3, 2.4, 3.3, and 3.4 must be amended to include the feature.
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Replacement Drawings
In any attempt to submit a new drawing, care must be exercised to avoid introduction of anything which could be construed to be new matter, the same being prohibited by 35 U.S.C. 132 and 37 CFR 1.121.
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 new drawing should not be labeled as “amended.” 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).
Conclusion
Accordingly, the claim stands rejected 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 RICHARD E YENCHESKY whose telephone number is (571)272-6580. The examiner can normally be reached Mon-Fri 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Bugg can be reached on 571-272-2998. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REY/
Examiner, Art Unit 2911
/KEVIN K RUDZINSKI/Primary Examiner, Art Unit 2911
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