Bench

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 . The amendment to the drawing, received on July 17, 2026, has been acknowledged. However, the amended drawing introduces new matter not supported by the original disclosure. As a result, the claim remains rejected for the reasons set forth below. 35 U.S.C. 112(a) Rejection (New matter) The claim is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement thereof since the amended drawing introduces new matter is not supported by the original disclosure. The original disclosure does not reasonably convey to a designer of ordinary skill in the art that the inventor was in possession of the design now claimed at the time the application was filed. See In re Daniels, 144 F.3d 1452, 46 USPQ2d 1788 (Fed. Cir. 1998); In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981). The amended drawing contains new matter that is not supported by the original drawing. Some examples of this new matter and related inconsistencies are listed below (see the annotated original and amended drawings below): In amended Fig. 1.5, the shape, curvature, width, length, height, and appearance of the two lines within the enclosed areas labeled A are inconsistent with the original Fig. 1.5. In the amended Fig. 1.5, corner B exhibits a more rounded curvature, creating an inconsistency with the original Fig. 1.5, where the corner is slightly sharper. Line portion C in the amended Fig. 1.5 is shorter than in the original Fig. 1.5. PNG media_image1.png 612 908 media_image1.png Greyscale PNG media_image2.png 352 476 media_image2.png Greyscale The amended figure legends are mixed up and do not match the original drawing. For example: 1.2 should be 1.4 1.3 should be 1.2 1.4 should be 1.3 The annotated sheets of Figs. 1.5 and 2.5 must be removed from the set of amended drawings. Annotated sheets, if included, should be filed separately from the amended drawings. PNG media_image3.png 882 208 media_image3.png Greyscale PNG media_image4.png 895 204 media_image4.png Greyscale PNG media_image5.png 891 210 media_image5.png Greyscale PNG media_image6.png 899 215 media_image6.png Greyscale The necessity for good drawings in a design patent application cannot be overemphasized. As the drawing constitutes the whole disclosure of the design, it is of utmost importance that it be so well executed both as to clarity of showing and completeness, that nothing regarding the design sought to be patented is left to conjecture. An insufficient drawing may be fatal to validity (35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph). Moreover, an insufficient drawing may have a negative effect with respect to the effective filing date of a continuing application. To overcome this rejection, applicant may attempt to demonstrate that the original disclosure establishes that he or she was in possession of the amended claim or the amended drawing must be corrected so as to conform to the original drawing disclosure. If it is difficult to amend Fig. 1.5 without introducing new matters, it is suggested that the applicant cancels Fig. 1.5. Any attempt to clarify the claimed design must avoid the introduction of new matter, 35 U.S.C. 132; 37 CFR 1.121. Applicant is responsible for illustrating a clear, complete, consistent and understandable drawing for the claimed invention. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for replying to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. When preparing new drawings in compliance with the requirement therefor, care must be exercised to avoid introduction of anything which could be construed to be new matter prohibited by 35 U.S.C. 132 and 37 CFR 1.121. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement-reproduction sheet should include all 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 appropriate changes made to the brief description of the several views of the drawings for consistency. If all the figures on a drawing sheet are canceled, a replacement sheet is not required. A marked-up copy of the drawing sheet (labeled as "Annotated Sheet") including an annotation showing that all the figures on that drawing sheet have been canceled must be presented in the amendment or remarks section that explains the change to the drawings. Each sheet of reproductions submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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. The numbering of the drawing figures should not be changed even if one or more figures are canceled. The numbering of the reproductions must follow the Hague Administrative Instructions Section 405(a) (see CFR 1.1026 and MPEP 2909.02). Conclusion The claimed design is patentable over the references cited. However, a final determination of patentability will be made upon resolution of the above rejection. The claim is rejected under 35 USC 112(a). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mimosa De whose telephone number is 571-272-2637. The examiner can normally be reached on Monday-Thursday 6:00am-4:00pm, Eastern time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Fox, can be reached at telephone number (571)272-4456. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats see MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /Mimosa De/ Primary Examiner Art Unit 2931