Earring

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 . Hague - Reply Reminder Applicant is reminded that any reply to this Refusal must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by the applicant. If the applicant is a juristic entity, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b). Claim Refusal – 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 the inventor regards as the invention. The claim is indefinite and non-enabling because the exact and complete appearance of the Earring cannot be determined because the reproductions include extensive inconsistencies in the appearance of the gemstone setting, earring setting, and central gemstone. Examiner has attempted to identify all of the inconsistencies and has chosen the most obvious examples of indefiniteness below. The onus is on the Applicant to ensure that clear and consistent figures are included in the application. The claim is indefinite and non-enabling because of the following reasons: Both the gemstone setting and the central gemstone include extensive inconsistencies in the lines and the shape of both the gemstone setting and the central gemstone cannot be discerned. Examiner has attempted to identify all inconsistencies, but because of the extensiveness of the inconsistencies, Examiner has used the most obvious examples in the highlighted diagrams below. PNG media_image1.png 615 1047 media_image1.png Greyscale PNG media_image2.png 632 839 media_image2.png Greyscale Reproduction 1.3 shows the back view of the central gemstone. This portion of the gemstone is not visible in the other figures and the three-dimensional shape and depth within the setting cannot be understood. See diagram below which highlights this non-enabled and indefinite back of the gemstone. PNG media_image3.png 588 578 media_image3.png Greyscale The back of the gemstone setting, shown in reproduction 1.3, is not consistent with the side views, shown in reproductions 1.4 and 1.5. Reproductions 1.4 and 1.5 show the continuous round piece, shown in reproduction 1.3, with rounded edges that do not appear in 1.3. See diagram below which highlights the inconsistent rounded edges. PNG media_image4.png 685 1015 media_image4.png Greyscale Conclusion The Claim stands refused under 35 U.S.C. 112(a) and (b). The references cited but not applied are considered cumulative art related to the claimed design. Notes on Correspondence Discussion of the Merits of the Application Applicant is reminded that any reply to this communication must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by the applicant. If the applicant is a juristic entity or has at least one party which has a domicile that is not located within the United States or its territories, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b). All discussions between the applicant and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. See MPEP § 713. The examiner will not discuss the merits of the application with applicant's representative if the representative is not registered to practice before the USPTO. 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