DETAILED ACTION
Remarks
Applicant’s September 25, 2026, election of Group I (Embodiments 1 and 2, Fig.s 1.1-2.7) without traverse is acknowledged. Group II (Embodiment 3 and 4, Figs. 3.1-4.8) is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being for the nonelected design.
The examiner acknowledges that the applicant has amended the specification to cross reference related applications, add a preamble, and add a figure description.
Claim Rejections - 35 USC § 112 (a) and (b)
The claim is rejected under 35 USC 112 (a) and (b), 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 regards as the invention.
The claim is indefinite and non-enabling for the following:
There are multiple ways to interpret the information shown in Fig. 1.2. Fig. 1.2 shows two oval forms on the back of the Measuring Instrument. These forms are not seen in Fig. 1.3, 1.4, 1.5, and 1.6, which show top, bottom, and side views of the measuring instrument, showing that the oval forms do not protrude from the back of the instrument. Based on the drawings provided, it is not possible to determine the shape and configuration of the oval forms. It is unclear to the examiner whether the ovals are coplanar to each other and the surrounding plane of the back of the measuring instrument, or whether they are recessed, and if so, how much.
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As the drawing disclosure is currently presented, Fig. 1.2 is subject to multiple interpretations and one of ordinary skill in the art would not be able to reproduce the design without the use of conjecture. To overcome this rejection, the examiner suggests the applicant may remove the indefinite features from the claim by converting the shaded features listed above to broken line and removing any contour lines.
The applicant should also amend the specification, following the figure descriptions, to indicate those portions form no part of the claimed design.
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).
Conclusion
The claim stands rejected under 35 U.S.C. 112 (a)&(b).
A response is required in reply to the Office action to avoid abandonment of the application. Any amendment submitted in response to this Office action must be in compliance with 37 CFR 1.121.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY ANNE ARNTZEN whose telephone number is (703)756-1439. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sandra Snapp, can be reached at (571) 272-8364. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.A./Examiner, Art Unit 2914 /BRETT MILLER/Examiner, Art Unit 2934
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