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 .
Claim Rejection – 35 USC § 112(a) and (b)
The claim is rejected under 35 USC § 112(a) and (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 applicant regards as the invention.
The claim is indefinite and nonenabling because:
In Fig. 1.8, the examiner is unable to determine the exact configuration of circular features identified by the arrows on the bottom of the smart lamp. As currently disclosed, the surfaces on the bottom of the smart lamp are not clearly shown as being on the same plane as each other or what might be recessed or raised above other elements. While the circular features may be shown in other views, the showing is obstructed or taken at an angle that does not reconcile the exact depth and form. Therefore, it would be impossible for one skilled in the art to make and use the design without resort to conjecture.
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Applicant may overcome this rejection by reducing the elements on the bottom of the smart lamp, to broken lines, thus disclaiming those surfaces. An appropriate broken line statement must be added to the specification following the figure descriptions, but prior to the claim, to read:
--The broken lines depict portions of the Smart lamp that form no part of the claim.--
An example is provided below for Applicant’s review. Applicant is reminded that this example should not be used in place of any of their amendments. Applicant must provide their own drawing amendments in their formal reply.
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Corrected drawing sheets are required in reply to the Office action to avoid abandonment of the application. 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.
Conclusion
The claim is rejected under 35 USC § 112(a) and (b).
The references are cited as pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILEY M KNOTTS whose telephone number is (703)756-1860. The examiner can normally be reached Mon-Fri, 7am-3pm (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).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lakiya Rogers can be reached on (571) 270-7145. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.M.K./Examiner, Art Unit 2934
/LAKIYA G ROGERS/Supervisory Patent Examiner, Art Unit 2934