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 .
Acknowledgement is made of the response including the election of Group I, embodiment 1, reproduction views 1.1-1.8 filed on June 12, 2026.
Group II, embodiment 2, reproduction views 2.1-2.8 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being for the nonelected design. Election was made without traverse in the reply filed on June 12, 2026.
In view of the fact that this application is in condition for allowance except for the presence of Group II, embodiment 2, reproduction views 2.1-2.8 directed to a design or designs nonelected without traverse in the reply filed on June 12, 2026, and without the right to petition such Group(s) have been cancelled.
OFFICE ACTION
Rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 2nd Paragraph
Claim is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing 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 language following the descriptions of the reproductions and preceding the claim in the specification makes the scope of the claim unclear. The sentence reading “The color shown on the claimed design forms no part thereof.” is unclear since the reproductions for the safe are shown entirely in color not as black and white reproductions. The statement, “The color shown on the claimed design forms no part thereof.” contradicts what is shown in the reproduction disclosure since the views of the safe are shown in specific colors. Color may be used to disclaim portions of an article, however the entire article of the safe is shown in color not portions of the safe, so it appears that the entire safe was intended to be claimed not unclaimed.
The specification should be consistent and correspond accurately with what is shown in the reproductions so that the scope of the claim is clearly defined.
If the claim is directed to only what is shown in the reproductions, then to overcome this rejection, the statement “The color shown on the claimed design forms no part thereof.”
should be deleted from the specification.
Clarity, consistency and correction of the claim are required in order to obviate this rejection.
The claim stands rejected under 35 U.S.C. 112, (b) paragraphs.
The claimed design is patentable over the references cited. The art of record not relied upon is cited as cumulative art.
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/ELIZABETH J OSWECKI/Primary Examiner, Art Unit 2912
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