The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
OFFICE ACTION
Applicant’s election of Group I (Reps. 1.1-1.7) is acknowledged. Groups II and III (Reps. 2.1 – 3.9) are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being for the nonelected designs. Election was made without traverse in the reply filed on 08/24/2026.
In view of the cancellation of Groups II and III, the Reproduction 2.1 through 3.9 drawing views and the corresponding reproduction descriptions have been cancelled.
Objection to the Specification
Use of the term “embodiment” in the 1.1 description suggests additional embodiments of the claim are disclosed. Statements that describe or suggest other embodiments of the claimed design that are not illustrated in the drawing disclosure are not permitted in the specification of an issued design patent. In addition, statements which attempt to broaden the scope of the claimed design beyond that which is shown in the drawings are not permitted. The design claim is limited to what is shown in the drawings. See Description-MPEP 1503.01(II)(B)(2).
Therefore, to avoid confusion with the scope of the design, the 1.1 description should be amended to read:
-- 1.1 is a top perspective view of a Coffee maker, showing my new design;--
Rejection under 35 USC § 112, (a) and (b)
The claim is rejected under 35 U.S.C. 112, (a) and (b) because the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains to make and use the same nor does it 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 since the exact shape, appearance and depth/location of the claimed portions shown within area [A] in Reproduction 1.4 cannot be understood. Specifically, since Rep. 1.4 is illustrated in a 2-dimensional illustration technique, and due to the lack of additional corroborating view(s), exact features of the highlighted area are unclear (e.g. one or more three-dimensional attributes such as depth, curvature, angle, placement, etc. are unknown) and are left to conjecture.
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In an attempt to overcome this rejection, applicant may convert all solid lines of the portions shown within area [A] in Reproduction 1.4 to distinct evenly spaced broken lines.
In addition, a broken line statement preceding the claim should be added in the specification (e.g. “The broken lines in the drawings depict portions of the Coffee Maker that form no part of the claimed design.").
Replacement Drawings
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are recommended in reply to the Office action to avoid abandonment of the application. 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. The replacement sheets should be labeled “Replacement Sheet” or “New Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
If preparing new drawings, care must be exercised to avoid introduction of anything which could be construed to be new matter prohibited by U.S.C 132 and 37 CFR 1.121(f).
Conclusion
The claim stands rejected for the reason set forth above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW KERR (571-272-2184). The examiner can normally be reached on Monday to Friday 9:00 AM - 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Liang can be reached on 571-270-0229.
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questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW KERR/
Primary Examiner Art Unit 2921
