Detailed Correspondence
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Foreign Priority
2. Acknowledgment is made of Applicant's claim for foreign priority based on application number CN2024308199323 filed in the People’s Republic of China on December 24, 2024. On March 31, 2025, the Office electronically retrieved a certified copy of the foreign application as required by 35 USC § 119(b).
Claim Rejection - 35 USC § 112(a)&(b)
The claim is rejected under 35 USC § 112(a)&(b), or pre-AIA 35 USC § 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 USC § 112, the applicant) regards as the invention.
Specifically, the claim is non-enabled and indefinite because:
3. The exact three-dimensional configuration of the pocket on the outside of the article, cannot be determined. When comparing 1.7 with 1.1, 1.2, 1.4, and 1.9, the following inconsistencies become obvious:
A. 1.7 shows the open edge of the pocket extending beyond the sides of the pocket, however, 1.1, 1.2, 1.4, and 1.9 show the open edge of the pocket aligned with the sides of the pocket.
B. 1.7 shows the pocket inset from the edge of the article, however, 1.4 shows the bottom edge of the pocket aligned with the edge of the article.
It is not clear which figures are correct, rendering the claim indefinite and non-enabling. See annotated drawings on the next page.
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4. The strap is shown inconsistently among the views. Specifically, 1.1, 1.4, and 1.8 show the strap terminating into a perpendicular seam on the side of the article; however, 1.9 and 1.10 show a gap between the end of the strap and the side seam in a folded configuration. It is not clear with figures are correct. See annotated drawings on the next page.
[AltContent: textbox (Strap terminates into perpendicular side seam)][AltContent: textbox (Gap shown between strap and seam)]
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5. In order to overcome this rejection, the drawings should be amended to show the details of the claimed design clearly and consistently among the drawing views. Any feature that is considered indefinite and nonenabling may be removed from the claim by converting them to broken lines. A statement must be included in the specification to describe the broken lines as features that form no part of the claimed design. Any amendment to the claim must meet the written disclosure requirement of 35 USC § 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 USC § 132 and 37 CFR 1.121(f) for new matter.
6. When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 USC § 132 and 37 CFR 1.121(f).
NOTE: It is the responsibility of Applicant to ensure all portions of the design are shown consistently between the drawing views.
Conclusion
7. The claim stands rejected under 35 USC § 112(a)&(b).
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katelin G Kloberg whose telephone number is (408) 918-7616. The examiner can normally be reached Monday through Friday from 7am to 3pm, Pacific Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Rempfer can be reached at (571) 270-0248. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/KATELIN G KLOBERG/Examiner, Art Unit 2932