DETAILED ACTION
Acknowledgement of Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in World Intellectual Property Organization Application No. WIPO151431, filed on August 02, 2024.
Response to Restriction/Election Requirement
The examiner acknowledges that the applicant has elected Group I, Embodiment 1, Fig. 1.1-1.7.
Response to Amendment
The examiner acknowledges that the applicant has amended the specification to define the break lines.
Specification Objection
In accordance with the election, the applicant should amend the specification to remove reference to other embodiments.
The wording of a design patent claim is statutory (37 CFR 1.153). Accordingly, the phrase in the claim reading: [The original design] must be amended to read -- The ornamental design --
Drawing Objection
In accordance with the election, the applicant should cancel drawing Fig. 2.1-2.7 and 3.1-3.7.
Claim Rejections - 35 USC § 112 (a) and (b)
The claim is rejected under 35 USC 112 (a) and (b), 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 regards as the invention.
The claim is indefinite and non-enabling for the following inconsistencies:
Fig. 1.1, 1.2, 1.4, 1.5 and 1.6; show broken lines on linear markings over curved corners on the front of the vertical axis. It is unclear to the examiner whether the broken lines are meant to convey that the portions of the linear markings are unclaimed or whether the linear markings and the portion of the front between the broken lines are unclaimed.
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To overcome this rejection, the applicant should clarify whether the linear markings or the linear markings and the areas between them are unclaimed. If the space between the markings is unclaimed, the applicant should submit replacement drawings with horizontal broken lines between the unclaimed linear markings. A boundary line may be shown in broken lines if it is not intended to form part of the claimed design.
Applicant may choose to define the bounds of a claimed design with broken lines when the boundary does not exist in reality in the article embodying the design. It would be understood that the claimed design extends to the boundary but does not include the boundary. As it is possible that broken lines with different purposes may be included in a single application, the description must make a visual distinction between the two purposes. The following sentence should be inserted in the specification following the figure descriptions and preceding the Claim.
-- The broken lines which define the bounds of the claimed depict the limits of the claim and form no part of the claimed design.--
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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 stands rejected under 35 U.S.C. 112 (a)&(b).
A response is required in reply to the Office action to avoid abandonment of the application. Any amendment submitted in response to this Office action must be in compliance with 37 CFR 1.121.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY ANNE ARNTZEN whose telephone number is (703)756-1439. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sandra Snapp can be reached at (571) 272-8364. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.A./Examiner, Art Unit 2914
/LEANNE WAS-ENGLEHART/Primary Examiner, Art Unit 2934
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