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 .
REJECTIONS
35 USC 112(a) and (b) Rejection
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-enabled due to unclear drawings. The following explains this in greater detail:
Figure 1.3: There are several shapes shown back side of the seat back. The depth of these shapes cannot be determined since they are only seen in this view.
Figure 1.5: There are several shapes and features shown on the bottom side of the chair which can only be seen in this view. Since these features are only seen from this side, the depth of these features cannot be determined.
The drawings must be corrected to describe in full, clear, concise and exact terms what the rejected portions of the design represent. To overcome this rejection, Applicant can convert the portions of the design which are considered indefinite and non-enabled to broken line thereby removing the portions from the claimed design. If portions of the claimed design are converted to broken line, a broken line statement must be added to the specification stating what 1) the broken lines represent (i.e.: Portions of a SHOWER AND TOILET CHAIR WITH WHEELS AND FOOTREST) and 2) if the broken lines form any part of the claimed design.
The annotated images below exemplify the areas pointed out above wherein the indefinite and non-enabled shapes and features have been highlighted in a gray color.
Figure 1.3
PNG
media_image1.png
645
646
media_image1.png
Greyscale
Figure 1.5
PNG
media_image2.png
982
774
media_image2.png
Greyscale
When preparing new or replacement drawings, be careful 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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cody Fowler whose telephone number is (571)272-1226. The examiner can normally be reached M-F, 9 AM - 3 PM ET. 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 multiple attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Rempfer can be reached on (571)270-0248. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format.
For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.C.F./Examiner, Art Unit 2933
/Garth Rademaker/
Supervisory Patent Examiner, Art Unit 2922