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 ).
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 applicant regards as the invention.
The scope of the claim is unclear because reproduction 1.2 shows the bottom half of the circular feature next to the nozzle as claimed subject matter, while reproduction 1.3 shows the bottom half of the circular feature next to the nozzle as unclaimed subject matter.
To overcome this claim refusal, applicant must amend the reproductions to consistently show the claimed design.
See the following annotated reproductions.
PNG
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743
621
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Greyscale
Avoid new matter
If new reproductions are submitted in an attempt to overcome this rejection, care must be exercised to avoid the introduction of anything which could be construed to be new matter prohibited by 35 U.S.C. 132 and 37 CFR 1.121. The original drawing disclosure represents the claimed design. All features, elements, and lines as presented are the basis from which examination of the claim is conducted. It is critical that the original disclosure filed with the office be of the highest quality, and be the most accurate rendering of the claimed design as possible. The overall design, as well as that of individual features, must be rendered in such a way that no amount of conjecture is necessary in understanding the claim. New matter is anything (structure, features, or elements) which was not apparent (seen) in the drawings as originally filed. It is possible for new matter to consist of the removal as well as the addition of structure, features, or elements.
Applicant is reminded that the numbering of the reproductions and legends must follow the Hague Administrative Instructions Section 405(a), consisting of two separate figures separated by a dot (e.g., 1.1, 1.2, 1.3, etc.). See 37 CFR 1.1026 and Manual of Patent Examination Procedure (MPEP) 2909.02. Thus the numbering convention used in the original submission should not be amended when responding to this office action.
Conclusion
The art of record not relied upon is cited as cumulative art. The claim is refused under 35 U.S.C. 112(a) and (b).
_________________Telephone, video-conferencing, or in-person interviews
A telephone, video-conferencing, or in-person interview may only be conducted with an attorney or agent registered to practice before the USPTO (“registered practitioner”) or with a pro se applicant (an applicant who Is the inventor and who is not represented by a registered practitioner).
The registered practitioner may either be of record or not of record. To become “of record”, a power of attorney (POA) in accordance with 37 CFR 1.32 must be filed in the application. Form PTO/AIA /80 “Power of Attorney to Prosecute Applications Before the USPTO”, available at www.uspto.gov/forms, may be used for this purpose. See Manual of Patent Application Procedure (MPEP) § 402.02(a) for further information. Interviews may also be conducted with a registered practitioner not of record provided the registered practitioner can show authorization to conduct an interview by completing, signing, and filing an “Applicant Initiated Interview Request Form” (PTOL-413A) (available at the USPTO web page indicated above). See MPEP § 405. For acceptable ways to submit forms to the USPTO, see the “When Responding to Official USPTO Correspondence” section of this office action.
If pro se applicants or registered practitioners located outside of the United States wish to communicate by telephone, they may request an interview with the USPTO Automated Interview Request (AIR) at www.uspto.gov/interviewpractice. When proposing a day and time for the interview, please take into account the examiner's work schedule indicated in the “Contact” section of this office action. The examiner is flexible and can accommodate other time zones. Please comment under “Topic for Discussion” who will initiate the telephone call.
Email communications
The merits of the application will not be discussed via email or other electronic medium unless appropriate authorization for internet communication is filed in the application. Form PTO/SB/439 “Authorization for Internet Communications in a Patent Application or Request to Withdraw Authorization for Internet Communications” may be used to provide such authorization and is available at www.uspto.gov/PatentForms. The authorization may not be sent by email to the USPTO. For acceptable ways to submit the authorization form to the USPTO, see the following “Responding to official USPTO correspondence” section. See MPEP § 502.03 II for further information. Responding to official USPTO correspondence When responding to official correspondence issued by the USPTO, including refusals, Ex Parte Quayle actions, Notices of Allowance, or Notices of Abandonment, understand that the USPTO transacts business in writing. Applicants may submit replies to office actions only by the following means:
Online via the USPTO's Patent Center at www.uspto.gov/PatentCenter (Registered users only)
Mail to Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313-1450
Fax to the USPTO's official fax number, 571-273-8300
Deliver to USPTO's Alexandria, Virginia, Customer Service Window, 401 Dulany Street, Alexandria, Virginia 22314
See www.uspto.gov/patents-maintaining-patent/responding-office-actions.
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Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARVA P ADAMS whose telephone number is 571-272-6479. The examiner can normally be reached Monday-Friday, 11 a.m. to 7 p.m. ET.
Examiner interviews are available via telephone, in-person, or via video conferencing using a USPTO-supplied collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, George Ulsh, can be reached at 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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/ARVA P ADAMS/ Examiner, Art Unit 2922
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