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 .
Specification Objection
No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views is its own best description. In re Freeman, 23 App. D.C. 226 (App. D.C. 1904) (MPEP 1503.01(II)). Additionally, the design represented may comprise shading and hatching to provide relief, and shading is understood to provide relief (37 C.F.R. 1.1026). Accordingly, for clarity, the following should be cancelled from the specification:
--[[The characteristic features of the design lie in the shape;]]--
--[[the shading lines are used to show the surface of the claimed design and do not represent its surface ornamentation.]]--
The specification is also objected to for not clearly indicating the purpose of the broken lines (MPEP 1503.01(II)). The examiner understands the dash-dash broken lines in reproduction 1.8 to illustrate the environment, and the remaining broken lines to depict portions of the portable induction cooker. Accordingly, for clarity, the broken line description should be amended to read:
--The dash-dash broken lines in reproduction 1.8 illustrate the environment and form no part of the claimed design. All other broken lines in the reproductions depict portions of the portable induction cooker and form no part of the claimed design.--
35 USC § 112(a) & (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 nonenabling because it is not clear if the surface within the long thin rectangular area on the bottom of the design forms part of claimed design or not. Reproduction 1.2 shows a long thin rectangle in solid lines with surface shading, implying that this area within the solid thin rectangle forms part of the claimed design. However, reproduction 1.8 shows this area filled with color and the specification reads “all other broken lines and colors shown in reproduction 1.8 illustrate environmental structure and form no part of the claimed design,” which implies that this area within the solid thin rectangle forms no part of the claimed design. This inconsistency makes the claim indefinite since it is unclear if this area forms part of the claimed design or not.
Additionally, Reproduction 1.2 shows a long thin rectangle in solid lines with surface shading, which implies that this area is part of the article being claimed, the portable induction cooker. However, the specification reads “all other broken lines and colors shown in reproduction 1.8 illustrate environmental structure and form no part of the claimed design,” which implies that this same area is “environmental structure.” This inconsistency makes the claim indefinite, since it is not clear if this area is part of the article, or somehow supposed to
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show part of the environment.
The screenshot above has arrows pointing to the long thin rectangular area on the bottom of the design.
A definite design is understood as having a specific appearance. Because of the
indefinite nature of the claim, and without further clarification throughout the disclosure, the
scope of the claim is left to conjecture. In an attempt to overcome the rejection, the nature of
the claim must be clarified. The examiner recommends clearly describing the areas of the design that form no part of the claimed design consistently throughout the application. If the color area in reproduction 1.8 shows portions of the portable induction cooker that forms no part of the claimed design, the same area should be consistently shown to not form part of the claimed design reproduction 1.2 (such as also being shown in color) and be clearly described in the specification. If this area is shown in color in reproductions 1.2 and 1.8 and meant to show portions of the article that form no part of the claimed design, an example description would be “The areas shown in color in reproductions 1.2 and 1.8 depict portions of the portable induction cooker and form no part of the claimed design.”
Conclusion
The claim stands rejected under 35 USC § 112(a) and (b).
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/A.E./Examiner, Art Unit 2921
/CATHERINE S POSTHAUER/Primary Examiner of Art Unit 2922