DETAILED CORRESPONDENCE
Restriction Requirement
The response of January 29, 2026 has been received and entered into the
electronic case file.
In view of the election of Group II, Embodiment 2, reproductions 2.1-2.5, set forth on January 29, 2026, Group I is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being for the nonelected design. Election was made without traverse in the reply filed on January 29, 2026.
The amendment to the drawing disclosure and specification, which cancels the unelected embodiment, is acknowledged.
Statement of Claim Interpretation
Examiner understands the configuration of the interior bottom stepped surfaces in reproduction 2.4 because the contours of the bottom in reproduction 2.5 inform the contours of the interior bottom in reproduction 2.4, suggesting a stamped mold.
Objection to the Specification
The specification is objectionable because the descriptions of reproductions 2.1-2.2 use brackets in the descriptions which could be confused for cancelled information. Descriptions of the figures are not required to be written in any particular format, however, if they do not describe the views of the drawing clearly and accurately, the examiner should object to the unclear and/or inaccurate descriptions and suggest language which provides a clear and accurate description of the views. See MPEP 2920.04(a)(II).
For clarity, the following is recommended:
-- 2.1 Top, front, and right side isometric
2.2 Bottom, front, and left side isometric --
Rejection Under 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 for the following reasons:
The appearance of the claimed design cannot be understood because the exact configuration of the four thin corner features in reproduction 2.4 cannot be understood from the view in which they appear. It is unclear how tall they are throughout and if they are straight, curved, angled or other.
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Reproduction 2.4 showing the features that cannot be understood.
In order to overcome this rejection, the scope and appearance of the claim should be clarified. It is recommended to convert the four thin corner features in reproduction 2.4 to broken lines. If features are converted to broken lines, the following broken line statement should be added to the specification after the figure descriptions and before the claim: -- The portions of the planter shown in broken line form no part of the claimed design. --
Any amendment must not introduce new matter and must meet the written description requirement of 35 U.S.C. 112(a). That is, it must be apparent that applicant was in possession of the amended design at the time of filing. This pertains to the addition or removal of parts of the design, as well as the conversion of solid lines to broken lines and vice versa. See 35 U.S.C. 132 and 37 CFR 1.121(f) for new matter.
Replacement Reproduction Instructions
Any amended replacement reproduction 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 reproduction should not be labeled as “amended.” If a reproduction 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 reproductions for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. If all the figures on a reproduction sheet are canceled, a replacement sheet is not required. A marked-up copy of the reproduction sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that reproduction sheet have been canceled must be presented in the amendment or remarks section that explains the change to the reproductions. Each reproduction 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.
When preparing new or replacement reproductions, be careful to avoid introducing new matter into the disclosure, prohibited by 35 U.S.C. 132 and 37 C.F.R. 1.121(f). Additionally, any amendment must meet the written description requirement of 35 U.S.C. 112(a). That is, it must be apparent that applicant was in possession of the amended design at the time of filing. This pertains to either the addition to, or the removal of, any elements shown in the original disclosure of the design.
Conclusion
Accordingly, the claim stands rejected under 35 U.S.C. 112(a) and (b), as set forth above. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Responding to Official USPTO Correspondence
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Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE DOYLE whose telephone number is (571)272-9605. The examiner can normally be reached Monday - Friday, 8 a.m. - 5 p.m..
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/GRACE DOYLE/Examiner, Art Unit 2914