Action on the merits
Notice of AIA status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the America Invents Act (AIA ).
Election after restriction requirement
The amendment and response to the restriction requirement filed June 8, 2026, is acknowledged. The election of Group I, Embodiment 1, reproductions 1.1-1.7 is acknowledged.
Because the applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse. (MPEP § 818.03(a))
Per the election made, reproductions 2.1-2.7 of the originally filed drawings are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being for a nonelected design.
In the response, applicant filed 2.1-2.7 reproductions and an amended specification cancelling reproductions 2.1-2.7. No new matter was added. Applicant also amended the written claim to correspond with the title.
Reproductions 1.1-1.7 are now considered.
Claim refusal under 35 U.S.C. 112(a) and (b)
The claim is refused under 35 U.S.C. 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 the applicant regards as the invention.
The claim is indefinite and nonenabling because the exact shape and profile of the coffee maker are unclear based on what is shown and described.
Specifically, the three-dimensional shapes and locations of the contours and surfaces along the base in reproduction 1.7 that are not shown in the other reproductions cannot be understood without relying on conjecture. Some features shown in reproduction 1.7—features such as the feet, the sides, the tank, and parts of the drip tray—are enabled by the front, back, right, and left reproductions. The following diagram points out the indefinite contours and surfaces.
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To attempt to overcome this claim refusal, applicant may present argument/evidence that the claim is properly enabled under 35 U.S.C. 112(a) and (b). Or, applicant may disclaim the areas and portions of the design which are considered indefinite and nonenabling by converting them to broken lines and amending the specification to include a statement that the portions of the coffee maker shown in broken lines form no part of the claimed design.
The examiner does not recommend cancelling reproduction 1.7, because the three-dimensional shapes and locations of some features shown in the other reproductions are enabled by reproduction 1.7.
Conclusion
The references not relied upon are cited as pertinent to the claimed design. The claim is rejected under 35 U.S.C. 112(a) and (b).
Contact
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/ARVA P ADAMS/ Examiner, Art Unit 2922
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