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 AIA .
Election
Applicant’s response filed on 7/22/2025 and the election without traverse of the design designated as
Design 2 (Figs. 2.1-2.6 renumbered as Figs. 1.1-1.6) is acknowledged.
Designs 1 and 3 (Figs. 1.1-1.6 and 3.1-3.6) have been withdrawn from further consideration by the examiner as being for non-elected designs. 37 CFR 1.142(b).
The drawings and the specifications have been amended in the applicants’ response filed on 7/22/2025.
DETAILED ACTION
Drawing Objection
Pursuant to the election referenced in the previous section, Applicant must cancel drawing figures
directed to nonelected embodiments. The elected figures should label the replacement drawing sheets in the top margin as "Replacement Sheet”. Furthermore, according to the amendment of figure renumbering, replacement drawing figures must be numbered as Figs. 1.1-1.6 OR the figure descriptions should be Figs. 2.1-2.6 according to the elected of design 2.
Corrected drawings submitted in response to this Office action must be in compliance with 37 CFR 1.121(d). When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Specification Objection
The specification is objected as follows:
Pursuant to the cancellation of the non-elected embodiments set forth in the previous section, the figure descriptions must be amended to correspond to the corrected figure numbering.
Descriptions of the figures are not required to be written in any particular format; however, they must describe the views of the drawing clearly and accurately. MPEP 1503.01 (II). The description of Figs. 1.1-1.6 is inaccurate and should be amended. Therefore, for clarity and accuracy, the examiner suggests the following:
-- FIG. 1.1 is a front perspective view thereof;
FIG. 1.2 is a right-side view thereof;
-- FIG. 1.3 is a left side view thereof;
FIG. 1.4 is a rear perspective view thereof. --
-- FIG. 1.5 is a right perspective view thereof;
FIG. 1.6 is a left perspective view thereof;
Claim Rejection – 35 U.S.C. § 112(a) and (b)
The claim is rejected 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 inventor or a joint inventor regards as the invention.
The claim is indefinite and non-enabling because the claim is not consistently or clearly disclosed.
Specifically,
The vertical spike seen in Figs. 1.2 and 1.3 is inconsistent with the corresponding appearance of 1.1, 1.4, 1.5 and 1.6 where the vertical spike is not seen. See illustrations below for example
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546
511
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To overcome this rejection, the applicant may amend the drawing disclosure wherein all figures are made consistent.
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.
When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
The amended drawings must not contain new matter. 35 U.S.C. 132 and 37 CFR 1.121.
Conclusion
The claim stands rejected under 35 U.S.C. 112(a) and (b) as set forth above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA TSEHAYE whose telephone number is 571-272-4395. The examiner can normally be reached from 8:30 to 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Rempfer can be reached at 571-270-0248.
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/REBECCA TSEHAYE/
Primary Examiner, Art Unit 2932
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