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 .
Acknowledgement of Election
Examiner acknowledges applicant's election of Group II, Embodiment 2 (reproductions 2.1-2.11) without traverse and cancellation of Group I in response received 7/20/2026. Group I is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being for a nonelected invention.
Objections to the Specification
The statement [The design relates to parts and components in a dovetail bracket system for mounting sanitary fluid dispensers;] is impermissible content describes matters that are directed to the function and must be removed the specification (MPEP 1503.01 II (B)(3)).
35 U.S.C. 112, (a) and (b)
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 applicant regards as the invention.
The claim is indefinite and nonenabling because the shape and appearance of the claimed design cannot be understood due to the following nonenabling features as outlined below:
Due to the available views and lack of shading the form and position of the features (highlighted in gray) in Reproductions 2.1 and 2.9 are uncertain and could be considered by the examiner to have many variations of depth and form (concave, convex, flat, angled, curved). Applicant may exclude from the claim all the areas or portions of the design which are considered indefinite and nonenabling in the rejection under 35 U.S.C. 112 by converting them to broken lines.
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It is suggested that applicant submit revised reproductions which show theconfiguration of the design with regards to the points outlined above, clearly andaccurately, in order that the examiner may be in a position to determine if the claim may be clarified without the addition of new matter (35 U.S.C. 132, 37 CFR 1.121).However, applicant is advised that it may not be possible to redraw the features with uncertain depth and form indicated above without introducing new matter. Because these features are not shown in enough views to fully understand their shape and appearance, these portions of the claimed design are in fact subject to multiple interpretations, and one of ordinary skill in the art would not be able to reproduce the design without the use of conjecture. This renders these portions of the claim indefinite and non-enabled.
If the design cannot be fully enabled without introducing new matter because certain portions are indefinite, applicant may be able to exclude those portions of the design from the claim by converting those portions of the article to broken lines, so long as the amendment meets the written description requirement of 35 USC 112(a). It must be apparent that applicant was in possession of the amended design at the time of original filing, or applicant must provide evidence of that possession.
Applicant is advised that surface shading must be removed from any subject matter that is placed in broken lines. Surface shading should not be used on unclaimed subject matter shown in broken lines, to avoid confusion about the scope of the claim (37 CFR 1.152, MPEP 1503.02(111)).
A response is required in reply to the Office action to avoid abandonment of the application. If corrected drawings are submitted in response to this Office action, they must be in compliance with 37 CFR 1.121(d). 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.
The references cited, but not applied, are considered the most pertinent art related to the claimed design.
The claim stands rejected for the reasons set forth above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN M JOHNSTON whose telephone number is (571)270-0223. The examiner can normally be reached on Monday - Thursday and Alternating Friday, 10-3:30.
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, Jennifer L. 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 an Application
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Inventors Assistance Center
The Inventors Assistance Center (IAC) provides patent information and services to the public. The IAC is staffed by former Supervisory Patent Examiners and experienced Primary Examiners who answer general questions concerning patent examining policy and procedure. Applicants should contact the IAC concerning payment of FEES, schedule of PRINTING of Patents, RECEIPTS, and any other administrative issues. IAC is available M-F 9:00 AM – 3:00 PM (ET) at 800-PTO-9199 (800-786-9199) or 703-308-HELP (703-308-4357) and for TTY 703-305-7785 for customer assistance
/NATHAN M JOHNSTON/Primary Examiner, Art Unit 2932
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