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 .
REFUSAL
Detailed Office Action
Foreign Priority
Acknowledgment is made of Applicant's claim for foreign priority based on the Republic of Korea Design Application No. KR30-2023-0041797, filed 10/25/2023. Applicant has filed a certified copy of the Republic of Korea Design design application as required by 35 USC § 119(b).
Specification
The specification is objected to as follows:
Descriptions of the reproductions are not required to be written in any particular format; however, they should describe the views of the drawings clearly and accurately. Hague Rule 7(5)(a), 37 CFR 1.1024, MPEP 2920.04(a)II.
The reproductions of 1.8 and 1.9 show perspective views of the portable induction cooker in environmental use; however, the descriptions do clearly describe what is in the drawings with the term “Reference view”.
For clarity and accuracy, the descriptions of 1.8 and 1.9 should be amended.
Examiner suggests:
-- 1.8 Top perspective view in condition of use
1.9 Bottom perspective view in condition of use --
The broken line description preceding the claim is unclear. MPEP § 1503.02, subsection III.
See below.
“the broken lines shown in reproductions 1.1 to 1.7 depict portions of the portable induction cooker and form no part of the claimed design; all other broken lines and colors shown in reproductions 1.8 and 1.9 illustrate environmental structure and form no part of the claimed design;”
The disclaimer for portions of the article includes 1.1, 1.3-1.6 and 1.8, when the reproductions for those views do not show any broken lines. Vents are shown in broken lines on the bottom of the portable induction cooker in reproductions 1.2, 1.7 and 1.9; however, the portions disclaimer excludes 1.9.
The 1.8 and 1.9 reproductions also clearly show disclaimed elements in broken lines that are not shown in the other views, and are also described as showing environment in the disclaimer. Since the disclaimed portions and environmental elements are shown with the same dash-dash broken lines, it is important that the disclaimers identify what the portions and environmental elements are showing in the reproductions to differentiate between them.
Per Hague Rule 7(5)(a); A.I. Section 405(c), such a feature description is acceptable if it relates to the characteristic visual features of the design. A disclaimer statement is also acceptable if it clearly describes the unclaimed elements as either depicted in broken line or in an alternative color. No description, other than a reference to the reproduction, is ordinarily required in a non-provisional international design application. 37 CFR 1.1024 and 1.1067, MPEP 2920.04(a)II.
Accordingly, the disclaimers should clearly identify the unclaimed elements. For clarity the following amendments are suggested:
-- The broken lines showing the vents in reproductions 1.2, 1.7 and 1.9 depict portions of the portable induction cooker and form no part of the claimed design. The broken lines showing a frying pan with food and a control panel in 1.8, as well as a cord in 1.9, illustrate environmental elements only and form no part of the claimed design. The color shown reproduction 1.9 forms no part of the claimed design. --
Claim Rejection – 35 USC § 112
The claim is rejected under 35 USC § 112(a)&(b), 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 regards as the invention.
Specifically, the claim is indefinite and non-enabled because:
The depth and dimensionality of the darkened features indicated by “A” and “AA” below, cannot be verified by other views. See below reproductions 1.2 and 1.4 below.
PNG
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472
989
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Greyscale
A: A surface with indefinite depth is shown.
Examiner suggests amending the reproductions of 1.2 and 1.9. Correction is suggested by removing all shading lines from the darkened area “A”, and by reducing the solid object line of “A” into broken lines, so that they no longer form a part of the claim.
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media_image2.png
326
512
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Greyscale
AA: A semi-circular feature is shown with a depth and dimensionality that cannot be verified by other views.
Examiner suggests amending the reproduction of 1.4. Correction is suggested by reducing the solid object lines of “AA” into broken lines, so that it no longer forms a part of the claim.
Any corrected reproductions submitted in response to this Office action must be compliant with 37 CFR 1.121(d).
An amended replacement reproduction sheet should include all the reproductions appearing on the immediate prior version of the sheet, even if only one reproduction is amended. The reproduction (or reproduction number) of an amended view should not be labeled as amended. If a reproduction is canceled, that reproduction must be removed from the replacement sheet and the remaining reproductions and their related descriptions must be renumbered, as necessary.
Additional replacement sheets may be necessary to show the renumbering of the remaining reproductions. If all the reproductions on a sheet are canceled, a replacement sheet is not required. A marked-up copy of the sheet (labeled as "Annotated Sheet") including an annotation showing that all the reproductions on that sheet have been canceled must be presented in the amendment or remarks section that explains the change to the reproductions.
Each 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 Examiner, 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. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Refusal Reply Reminder
Applicant is reminded that any reply to this Refusal must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by Applicant. If Applicant is a juristic entity, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b).
Conclusion
The claimed design stands rejected under 35 USC § 112(a)&(b).
Any references cited but not applied are considered cumulative art related to the claimed design.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRA L HEBEL whose telephone number is (571)272-1840. The examiner can normally be reached M-F 9am - 5pm 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 attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Liang can be reached at (571) 270-0229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.H./Examiner, Art Unit 2921
/JAE LIANG/Supervisory Patent Examiner, Art Unit 2921