Office Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
35 U.S.C. 112(a) and (b) - Single View Only
The claim is rejected 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 applicant regards as the invention.
The claim is indefinite and nonenabling because the bottom surface of the design, shown only in a single view (1.6), is not fully disclosed. Showing an element only in one plan view makes it impossible to distinguish the differences between the orientation and curvatures of planes, which may create a variety of different depths within the design. Showing a three-dimensional article with a single two-dimensional drawing is insufficient in demonstrating the exact shape and depth of a design. “With articles which are unsymmetrical, and which present different appearances from different points of view, one figure from a single point, however well executed, is not sufficient for complete disclosure,” Ex parte Salsbury, 38 USPQ 149 (ComrPats 1938).
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While most of the bottom surface can be fully understood by observing the side views, there are four circular elements which are not seen in any other views, therefore it cannot be determined if they are recessed openings or to what depth they may be. In order for one of ordinary skill to understand how the present design gives form to a three-dimensional article, one must resort to conjecture. Therefore, the claim is indefinite and nonenabling. To overcome this rejection, reproduction view 1.6 should be amended to show the four circular elements reduced to broken lines as forming no part of the claimed design.
Replacement Drawings
A response is required in reply to the Office action to avoid abandonment of the application. If corrected drawings are submitted in response to this Office action, they must be in compliance with 37 CFR 1.121(d). 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. 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 drawing sheet 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.
Avoidance of New Matter
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 is rejected under 35 U.S.C. 112 (a) and (b), as set forth above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA A JUNKINS whose telephone number is (571)272-7352. The examiner can normally be reached M-F, 8 a.m. - 5 p.m. Pacific Standard Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Bugg can be reached at (571) 272-2998. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.A.J./Examiner, Art Unit 2911
/KEVIN K RUDZINSKI/Primary Examiner, Art Unit 2911
