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 .
REFUSAL
Examiner’s Comment to the Specification
The Specification must be amended to provide descriptions for the reproductions. Hague Rule 7(5)(a), 37 CFR 1.1024, MPEP 2920.04(a)II. The description should indicate the type of view shown in the corresponding figure, such as "front view," "perspective view," "top view," etc.
The Examiner suggests:
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1.1: Top Perspective view
1.2: Top Perspective Exploded view
1.3: Top Perspective view in an open orientation
1.4: Bottom Perspective view
1.5: Top view
1.6: Front view
1.7: Side view
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Claim Rejection - 35 USC § 112(a) & (b)
The claim is rejected under 35 U.S.C. 112(a) and (b) or pre-AIA 35 U.S.C. 112, 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 (or, for applications subject to pre-AIA 35 U.S.C. 112, the applicant) regards as the invention.
The scope of a claim is definite only when it is supported by an enabling disclosure. When the scope of protection sought exceeds what is enabling in the disclosure, the claim is indefinite.
The claim scope must be less than or equal to the scope of the enablement. The scope of enablement, in turn, is that which is disclosed in the specification and is understandable to a designer of ordinary skill in the art without resorting to conjecture.
The claim is indefinite and non-enabled because the disclosure as shown in the reproductions is insufficient. Specifically, the interior features seen in FIG. 1.3 can’t be understood because they are not visible from any other view. It is not clear if the features are open/closed or raised/indented/flush with the adjacent surfaces. The exact shape, appearance, and configuration are subject to multiple interpretations and cannot be determined without resorting to conjecture. Please refer to the highlighted features and the arrows in the next annotated drawing.
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Greyscale
In order to attempt to overcome the rejection, applicant may submit a new reproduction set that consistently shows the scope, shape and appearance of the claimed design, as well as removes the non-enabled details from the claim by reducing those details to broken lines (i.e. converting from solid lines to broken lines, and removing all shading within), so the examiner can make a determination as to whether or not the new views introduce new matter. Applicant is further cautioned to render any corresponding drawing details clearly and consistently in all applicable views.
For clarity and proper form, Applicant may insert a broken line statement in the specification. Examiner suggests:
-- The equal-length broken lines in the reproductions depict portions of the Incubator for Newborn Infants (-part of) that form no part of the claimed design. --
Replacement Drawing Information
Any corrected reproductions submitted in response to this Office action must be in compliance with 37 CFR 1.121(d). The corrected reproductions must not contain new matter. 35 USC 132 and 37 CFR 1.121.
Applicant is reminded that the numbering of the reproductions and legends must follow the Hague Administrative Instructions Section 405(a) consisting of two separate figures separated by a dot (e.g., 1.1, 1.2, 1.3, etc. for the first design, 2.1, 2.2, 2.3, etc. for the second design, and so on) (see 37 CFR 1.1026 and MPEP 2909.02). 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.
Care must be exercised to avoid introduction of anything which could be construed as new matter prohibited by 35 USC 132 and 37 CFR 1.121 when preparing amended reproductions.
Refusal 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 Applicant. If Applicant is a juristic entity, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b).
Conclusion and Contact Information
The claim stands rejected under 35 U.S.C. 112(a) and (b), as set forth above.
The references are cited as art of record. Applicant may view and obtain copies of the cited references by visiting <http://www.uspto.gov/patft/index.html> and pressing the “Patent Number Search” button.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin Johnson whose telephone number is (571) 272-5730. The examiner can normally be reached Monday-Friday at 8:00 a.m. to 4:00p.m. 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, 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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/JUSTIN A JOHNSON/
Examiner, Art Unit 2911
