NOTIFICATION OF REFUSAL
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
The certified copy for Chinese Application No. 202430464463.8 filed on 07/24/24, was received 03/05/25. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Refusal under 35 U.S.C 112(b)
The claim is refused under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Specifically, in the reproductions, Figures 1.9, 1.10, and 1.13-1.16 are depicted with multiple upside-down bottles that are not present in the other figures. The claim is indefinite because it is unclear whether the bottles, which are shown in full lines, form part of the claimed design.
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Figure 1.5 (without bottles)
Figure 1.15 (with bottles)
Although the figure descriptions for the figures that depict the bottles states the language, “in use”, which may indicate that the bottles may not be part of the claimed design, there is no definitive written description, broken lines or coloring that clearly defines the scope of the claim. Therefore, the bottles in relation to the scope of the claim seeking protection renders the claim indefinite.
Hague Administrative Instructions Section 403 states:
Matter which is shown in a reproduction but for which protection is not sought may be indicated:
In the description referred to in Rule 7(5)(a) and/or
By means of dotted or broken lines or coloring.
Conclusion
Accordingly, the claim stands refused under 35 U.S.C 112(b), as set forth above. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Contact
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/W.K.S./Examiner, Art Unit 2935
/KEVIN K RUDZINSKI/Primary Examiner, Art Unit 2911