OFFICE ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election Without Traverse
Election was made without traverse to prosecute the design of Group I (Embodiment 1) in the reply filed on 04/09/2026.
Group II (Embodiment 2) is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Therefore, the original Group II (Reproductions 2.1-2.7) directed to a design or designs nonelected without traverse, and without the right to petition, such Group(s)/embodiment(s) have been canceled along with the corresponding figure descriptions (Reproductions 2.1-2.7).
The amended drawings and the specifications filed on 04/09/2026 are acknowledged by the examiner.
Broken Line Statement
If the applicant elects to use the broken lines as suggested in the rejection below, the following statement must be used to describe the broken lines on the drawing (MPEP § 1503.02, subsection III):
-- The broken lines in the figures illustrate the portions of the Coffee Maker that form no part of the claimed design. --
If used, the above statement should be inserted in the specification preceding the claim.
Descriptive Statement
The descriptive statement included in the specification is impermissible because it is descriptive and unnecessary. See MPEP § 1503.01, subsection II. Therefore, the description should be canceled as any description of the design in the specification, other than a brief description of the drawing, is generally not necessary, since as a general rule, the illustration in the drawing views is its own best description.
[[The product incorporating design is used for making coffee; no color is claimed in this application.]]
The above statement should be deleted in the specification.
Claim Rejection - 35 U.S.C § 112 (a) & (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 the inventor or a joint inventor (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention.
The claim is indefinite and non-enabling because the shape and appearance of the claimed design cannot be understood due to the following:
Reproduction 1.2 shows a small area on the rear side of the coffee maker where the exact appearance and depth of the said area cannot be determined without resorting to conjecture. Therefore, it is suggested that the applicant reduce the said area to broken lines to avoid the claim to the indefinite details. See the annotated drawing below.
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418
770
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Reproduction 1.4 shows an area behind the opaque sidewall where the exact appearance and depth of the said area cannot be determined without resorting to conjecture. Therefore, it is suggested that the applicant reduce the said area to broken lines to avoid the claim to the indefinite details. See the annotated drawing below.
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760
1020
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Reproductions 1.4 and 1.7 are inconsistent with each other in the exact surface details of the coffee maker. While Reproduction 1.7 shows letter details on the side of the coffee maker, Reproduction 1.4 shows no corresponding details. Due to this inconsistency, the exact appearance of the said detail is indefinite and non-enabling. Therefore, consistency is suggested to avoid the claim to the indefinite details. See the annotated drawings below.
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712
1430
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Reproduction 1.5 shows some details on the top of the coffee maker, where the exact appearance and surface delineations cannot be determined without resorting to conjecture. Therefore, it is suggested that the applicant reduce the arrow-pointed areas to broken lines to avoid claiming indefinite details. See the annotated drawing below.
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566
872
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Reproduction 1.6 shows surface details on the bottom of the coffee machine. The sole showing in Reproduction 1.6 of the underside of the article does not provide a clear understanding of the exact appearance and three-dimensional configuration of the said details. Therefore, reducing the said details to broken lines is suggested to avoid the claim to the indefinite details. See the annotated drawings below.
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894
791
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746
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Applicant may indicate that protection is not sought for those portions of the reproductions which are considered indefinite and nonenabling in the rejection under 35 U.S.C. 112 above by amending the reproductions to color those portions or convert those portions to broken lines and by 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 or a statement that the portions of the coffee maker shown by coloring form no part of the claimed design provided such amendments do not introduce new matter (see 35 U.S.C. 132, 37 CFR 1.121).
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).
Failure to submit replacement correction sheets overcoming all of the deficiencies in the drawing disclosure set forth above, or an explanation why the drawing corrections or additional drawing views are not necessary will result in the rejection of the claim under 35 U.S.C. 112(a) and (b) or pre-AIA 35 U.S.C. 112, first and second paragraphs, being made FINAL in the next Office action.
In summary, the claim stands rejected under 35 U.S.C §112 (a) and (b).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JI SUN YOON whose telephone number is (571)272-2361. The examiner can normally be reached Mon-Fri 8:00 ~ 4:30 (Eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Ulsh can be reached on (571) 270-1433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JI SUN YOON/Examiner, Art Unit 2922
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