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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`35/510,850
`
`09/30/2020
`
`Xian'an LIU
`
`115332-5271-US
`
`6226
`
`Morgan, Lewis & Bockius LLP (PA)
`1400 Page Mill Road
`Palo Alto, CA 94304-1124
`
`REINHOLDTJR., STEVEN B
`
`2922
`
`09/16/2021
`
`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`padocketingdepartment @ morganlewis.com
`vskliba @ morganlewis.com
`
`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Disposition of Claims*
`1 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`is/are: a)(] accepted or b)(_) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)1 Some**
`a)) All
`1.4 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
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`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mail Date 20210910
`
`Application No.
`Applicant(s)
`35/510,850
`Liu et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`STEVEN B REINHOLDTJR.
`2922
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`

`

`Application/Control Number: 35/510,850
`Art Unit: 2922
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`Page 2
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`The present application, filed on or after March 16, 2013, is being examined underthefirst inventorto file provisions of the AIA.
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`Detailed Action
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`Acknowledgement
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`Acknowledgmentis made of applicant’s claim of priority based on an application
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`CN202030161579.6 filed in China on 04/20/2020.
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`Claim Rejection - 35 U.S.C. § 112
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`The claim is rejected under 35 U.S.C. 112(a) and (b), as the claimed invention is not described
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`in suchfull, clear, concise and exact terms as to enable any person skilled in the art to make
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`and use the same, and fails to particularly point out and distinctly claim the subject matter which
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`the inventor/s regard/s as the invention. Specifically:
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`The scopeof the claim is indefinite and non-enabled. Specifically, FIGS. 1.1 — 1.7 illustrate an
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`electric mixer without beater blades and FIG. 1.8 presumablyillustrates the electric mixer in
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`FIGS. 1.1 - 1.7 shown in a use configuration with beater blades.
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`In U.S. design patent drafting the ornamental design which is being claimed must be shownin
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`solid lines in the drawing. All that is visible in photographs and CADillustrations is understood to
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`be part of the claimed design. Broken lines are used to depict portions of the article that do not
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`form part of the claimed design. If broken lines are included in the drawing, their use must be
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`defined in the specification; i.e., environment, boundary,stitching, folds lines, etc. Dotted or
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`broken lines may meandifferent things in different circumstances including claimed parts of the
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`design and it must be madeentirely clear what they do mean. SeeIn re Blum, 374 F.2d 904,
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`153 USPQ 177 (CCPA 1967).
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`To overcome, the examiner recommends amending the drawings so that the scope of the claim
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`is clear. This may include:
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`1) Cancelling FIG. 1.8 or
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`2) Amending FIG. 1.8 by outlining the beater blades with broken lines and reducing the opacity
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`of the areas within the broken lines essentially deemphasizing the environment of the beater
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`blades. If the inventors choose to use the deemphasizing treatment, the meaning of this should
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`be described in the specification following the description of the figures: - - The broken lines in
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`FIG. 1.8 and the deemphasized areas within them depict environmental subject matter
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`that forms no part of the claimed design. - -
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`

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`Application/Control Number: 35/510,850
`Art Unit: 2922
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`Page 3
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`3) Alternatively, the inventors could convert the areas within the broken lines to white and
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`described them as: - - The broken lines in FIG. 8 and the areas within them depict
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`environmental subject matter that forms no part of the claimed design. - -
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`The examineralso asksthe inventors to consider increasing the left side margin in FIG. 1.8 soit
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`meets the requirements of 37 C.F.R. 1.84(g).
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`_i
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`
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`SX
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`Due to these ambiguities in the disclosure, the scope of protection sought by the claim cannot
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`be determined and therefore the claim fails to particularly point out and distinctly claim the
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`subject matter that the applicants regard as the invention and enable a designerof ordinaryskill
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`to reproduce the shape and appearanceof the claimed design.
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`

`

`Application/Control Number: 35/510,850
`Art Unit: 2922
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`Page 4
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`If corrected drawings are submitted in responseto this Office action, they must be in compliance
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`with 37 CFR 1.121(d). Each drawing sheet submitted after the filing dale of an application must
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`be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR
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`1.121(d).
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`Any amended replacement drawing sheet should include all of the figures appearing on the
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`immediate prior version of the sheet, even if only one figure is being amended. The figure or
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`figure number of an amended drawing should not be labeled as amended.
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`If a drawing figure is to be canceled, the appropriate figure must be removed from the
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`replacement sheet, and where necessary, the remaining figures must be renumbered and
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`appropriate changes made to the brief description of the several views of the drawings for
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`consistency. Additional replacement sheets may be necessary to show the renumbering of the
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`remaining figures. If all the figures on a drawing sheet are canceled, a replacement sheetis not
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`required. A marked up copy of the drawing sheet(labeled as "Annotated Sheet") including an
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`annotation showing thatall the figures on that drawing sheet have been canceled must be
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`presented in the amendment or remarkssection that includes an explanation of the change to
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`the drawings.
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`If inventor(s) choose/s to amend the drawings and/or specification, the amendment must meet
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`the written description requirement of 35 U.S.C. 112(a). It must be apparent that inventor(s)
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`was/werein possession of the amended design at the time of originalfiling. When preparing
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`new or replacement drawings, be careful to avoid introducing new matter prohibited by 35
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`U.S.C. 132(a) and 37 CFR 1.121(f). A response is required in reply to the Office action to avoid
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`abandonmentof the application. If corrected drawings are submitted in responseto the Office
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`action, they must be in compliance with 37 CFR 1.121 (d).
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`Conclusion
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`The claim stands rejected under 35 U.S.C. 112(a) and (b), as set forth above.
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`ContactInformation
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`Anyinquiry concerning this communication or earlier communications from the examiner should
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`be directed to S. BRYAN REINHOLDTJR. whosetelephone number is 571-270-3293. The
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`examiner can normally be reached on Monday- Friday 11:00AM - 6:00PM EST. Examiner
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`

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`Application/Control Number: 35/510,850
`Art Unit: 2922
`
`Page 5
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`interviews are available via telephone, in-person, and video conferencing using a USPTO
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`supplied web-based collaboration tool. To schedule an interview, the inventor/s is/are
`
`encouraged to use the USPTO AutomatedInterview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Manpreet Matharu, can be reached on 571-272-8601. 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 the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be
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`obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA)or 571-272-1000.
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`/S. BRYAN REINHOLDTJR./
`Examiner, Art Unit 2922
`
`