DETAILED ACTION
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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mathias (US 20040067248) in view of Hagen et al. (US 8413357), hereinafter Hagen, Hurwitz (US 9,247,717), Wang et al. (US 2020/0250503), hereinafter Wang, Maraia (US 8516727), and Johnson (US 3130341).
Regarding claim 4, Mathias teaches of (fig. 1) a tag device (abstract, animal tag) comprising:
a solid circular shaped body including a first side (¶0014, animal tag 12 is a plastic flat circular disc and has a first side. Examiner notes this means it is solid and not hollow);
the solid circular shaped body comprises plastic (¶0014, animal tag 12 is plastic).
Mathias does not appear to teach of an electric photo cell tag device comprising:
the solid circular shaped body is injection molded;
the first side includes an outer surface area and an inner surface area, and a center configured to be engraved with identifying indicia;
the outer surface area includes a reflective tape;
the reflective tape is configured to reflect light received from a light source;
the inner surface area includes electric photo cell material;
the electric photo cell material is configured to receive energy from the light source and store an electrical charge; and
the electric photo cell material is configured to glow in the dark, thereby enabling the identifying indicia to be read in total darkness.
Hagen teaches of (fig. 1A) b) the solid circular shaped body (pet tag 2) is injection molded (col. 10 lines 45-54, plastic material of the pet tags may be made in a mold and injection filling the mold; col. 11 line 64-col. 12 line 3, Materials may be injection molded for forming the materials used for the pet tag).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hagen of the solid circular shaped body is injection molded in order to use conventional methods in the art for forming the pet tags, which is known for efficient high production and low cost per part.
Hurwitz is in the field of leashes and teaches of
d) the outer surface area includes a reflective tape (Fig. 1a, reflective fabric/tap/strip 16 with reflective threads 17); and
e) the reflective tape is configured to reflect light received from a light source (Fig. 1a, reflective threads 17 reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hurwitz of c) the outer surface area includes a reflective tape; and d) the reflective tape is configured to reflect light received from a light source in order to reflect light easily at night, highlighting the tag and alerting people of the animal that it is attached to.
Wang teaches of e) the inner surface area includes electric photo cell material (Fig. 4, photocell is in the inner surface area);
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to store an electrical charge and power an LED emission unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Wang of e) the inner surface area includes electric photo cell material; f) the electric photo cell material is configured to receive energy from a light source and store an electrical charge in order to illuminate the tag when it is dark. Examiner notes that Hurwitz is layered with Wang such that the reflective tape is on the outer surface area and Wang is layered as the inner surface area on the solid circular body of Mathias.
Maraia is in the field of identification tags and teaches of (fig. 16) a center configured to be engraved with identifying indicia (col. 6 lines 21-24, identification insert 51A (with applied indicia) can be attached to the outer top or bottom surfaces using methods of printing, hot foil stamping, painting, etching, engraving, or any other process for printing on a plastic part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Maraia to incorporate the teachings of a center configured to be engraved with identifying indicia in order to imprint information onto the tag device.
Johnson is in the field of photocells and teaches of the electric photo cell material is configured to glow in the dark (fig. 6, col. 8 lines 18-62, photocell 30 has a photoconductive material comprising layer 33 that may be any material from the zinc-cadmium sulfoselenide family, such as cadmium sulfide. The spectral sensitivity of the photoconductors may be adjusted by varying the ratio of the components of the host phosphor. Thus, for example, if a photoconductor is desired which is highly sensitive to long wavelength emission it may comprise mainly cadmium sulfide with a minor component of zinc sulfide added thereto. If on the other hand, the photo- conductor is desired to have maximum response to short- wavelength radiation it may comprise primarily zinc sulfide with a minor component of cadmium sulfide added thereto. Examiner notes that all glow-in-the-dark materials have phosphor, such as zinc sulfide), thereby enabling the identifying indicia to be read in total darkness (indicia that is nearby the phosphor material would be illuminated by the glow-in-the-dark effect and thus can be read in total darkness).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Johnson of the electric photo cell material is configured to glow in the dark, thereby enabling the identifying indicia to be read in total darkness in order to adjust the spectral sensitivity of the photoconductor of the photocell as motivated by Johnson in col. 8 lines 18-62 and to have another way for the tag to illuminate in total darkness.
Regarding claim 5, Mathias as modified teaches of claim 4, and Wang further teaches of wherein the electric photo cell material is configured to recharge to full capacity after receiving energy from the light source (Fig. 2, ¶0065-0066, a solar cell can be used in the device and a large amount of charge can be stored; the electric photo cell is configured to receive energy from the light source).
Regarding claim 6, Mathias as modified teaches of claim 4, and
further comprising (fig. 1):
a) the solid circular shaped body includes a second side (opposite side of the first side).
Mathias does not appear to teach of
b) the second side includes an outer surface area and an inner surface area;
c) the outer surface area of the second side includes a reflective tape;
d) the reflective tape is configured to reflect light received from the light source;
e) the inner surface area of the second side includes electric photo cell material;
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge; and
g) the electric photo cell material is configured to glow in the dark.
Hurwitz is in the field of leashes and teaches of
c) the outer surface area includes a reflective tape (Fig. 1a, reflective fabric/tap/strip 16 with reflective threads 17); and
d) the reflective tape is configured to reflect light received from a light source (Fig. 1a, reflective threads 17 reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hurwitz of c) the outer surface area of the second side includes a reflective tape; and d) the reflective tape is configured to reflect light received from a light source in order to reflect light easily at night, highlighting the tag and alerting people of the animal from both sides of the circular body.
Wang teaches of
e) the inner surface area includes electric photo cell material (Fig. 4, photocell is in the inner surface area);
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to store an electrical charge and power an LED emission unit); and
g) the electric photo cell material is configured to glow in the dark (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to power an LED emission unit, which can glow in total darkness).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Wang of e) the inner surface area includes electric photo cell material; f) the electric photo cell material is configured to receive energy from a light source and store an electrical charge; and g) the electric photo cell material is configured to glow in the dark in order to brightly illuminate the tag when it is dark. Examiner notes that Hurwitz is layered with Wang such that the reflective tape is on the outer surface area and Wang is layered as the inner surface area on the solid circular body of Mathias.
Regarding claim 7, Mathias as modified teaches of claim 6, and Wang further teaches of wherein the electric photo cell material is configured to recharge to full capacity after receiving energy from the light source (Fig. 2, ¶0065-0066, a solar cell can be used in the device and a large amount of charge can be stored; the electric photo cell is configured to receive energy from the light source).
Regarding claim 8, Mathias as modified teaches of claim 6, and Hurwitz further teaches of wherein the reflective tape of the first side comprises aluminum, and the reflective tape of the second side comprises aluminum (Figs. 1a and 2a of Hurwitz, the retroreflecting elements may be microspheres that are polymeric flexible sheet that is typically metallized with aluminum, which Examiner notes are implemented on the first and second side 22, 23 of the leash in Hurwitz).
Alternatively, claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mathias (US 20040067248) in view of Hagen et al. (US 8413357), hereinafter Hagen, Hurwitz (US 9,247,717), GoxRunx (https://a.co/d/8VWpeZr), and Wang et al. (US 2020/0250503), hereinafter Wang, Maraia (US 8516727), and Johnson (US 3130341).
Regarding claim 4, Mathias teaches of (fig. 1) a tag device (abstract, animal tag) comprising:
a solid circular shaped body including a first side (¶0014, animal tag 12 is a plastic flat circular disc and has a first side. Examiner notes this means it is solid and not hollow);
the solid circular shaped body comprises plastic (¶0014, animal tag 12 is plastic);
the first side includes an outer surface area (outer edges and circumference) and an inner surface area (middle area);
Mathias does not appear to teach of an electric photo cell tag device comprising:
the solid circular shaped body is injection molded; and
a center configured to be engraved with identifying indicia;
the outer surface area includes a reflective tape;
the reflective tape is configured to reflect light received from a light source;
the inner surface area includes electric photo cell material;
the electric photo cell material is configured to receive energy from the light source and store an electrical charge; and
the electric photo cell material is configured to glow in the dark, thereby enabling the identifying indicia to be read in total darkness.
Hagen teaches of (fig. 1A) the solid circular shaped body (pet tag 2) is injection molded (col. 10 lines 45-54, plastic material of the pet tags may be made in a mold and injection filling the mold; col. 11 line 64-col. 12 line 3, Materials may be injection molded for forming the materials used for the pet tag).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hagen of the solid circular shaped body is injection molded in order to use conventional methods in the art for forming the pet tags, which is known for efficient high production and low cost per part.
Hurwitz is in the field of leashes and teaches of
d) the outer surface area includes a reflective tape (Fig. 1a, reflective fabric/tape/strip 16 with reflective threads 17); and
e) the reflective tape is configured to reflect light received from a light source (Fig. 1a, reflective threads 17 reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hurwitz of c) the outer surface area includes a reflective tape; and d) the reflective tape is configured to reflect light received from a light source in order to reflect light easily at night, highlighting the tag and alerting people of the animal that it is attached to.
GoxRunx teaches of c) the outer surface area (interpreted as the outer edges or circumference of the band) includes a reflective tape (p. 1, reflective strip on the outer edges); and
d) the reflective tape is configured to reflect light received from a light source (reflective tape reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias as modified by Hurwitz to incorporate the teachings of GoxRunx to apply the reflective tape on the outer edges, which is also interpreted as the outer surface area, in order to save material cost from applying the reflective tape on a majority of the area, apply a striped design that is more aesthetic to some people, and to use a striped design that provides high contrast to help the user stand out at night.
Wang teaches of
e) the inner surface area includes electric photo cell material (Fig. 4, photocell is in the inner surface area, which is the center of the device);
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to store an electrical charge and power an LED emission unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Wang of e) the inner surface area includes electric photo cell material; f) the electric photo cell material is configured to receive energy from a light source and store an electrical charge in order to brightly illuminate the tag when it is dark.
Maraia is in the field of identification tags and teaches of (fig. 16) a center configured to be engraved with identifying indicia (col. 6 lines 21-24, identification insert 51A (with applied indicia) can be attached to the outer top or bottom surfaces using methods of printing, hot foil stamping, painting, etching, engraving, or any other process for printing on a plastic part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Maraia to incorporate the teachings of a center configured to be engraved with identifying indicia in order to imprint information onto the tag device.
Johnson is in the field of photocells and teaches of the electric photo cell material is configured to glow in the dark (fig. 6, col. 8 lines 18-62, photocell 30 has a photoconductive material comprising layer 33 that may be any material from the zinc-cadmium sulfoselenide family, such as cadmium sulfide. The spectral sensitivity of the photoconductors may be adjusted by varying the ratio of the components of the host phosphor. Thus, for example, if a photoconductor is desired which is highly sensitive to long wavelength emission it may comprise mainly cadmium sulfide with a minor component of zinc sulfide added thereto. If on the other hand, the photo- conductor is desired to have maximum response to short- wavelength radiation it may comprise primarily zinc sulfide with a minor component of cadmium sulfide added thereto. Examiner notes that all glow-in-the-dark materials have phosphor, such as zinc sulfide), thereby enabling the identifying indicia to be read in total darkness (indicia that is near by the phosphor material would be illuminated by the glow-in-the-dark effect and thus can be read in total darkness).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Johnson of the electric photo cell material is configured to glow in the dark, thereby enabling the identifying indicia to be read in total darkness in order to adjust the spectral sensitivity of the photoconductor of the photocell as motivated by Johnson in col. 8 lines 18-62 and to have another way for the tag to illuminate in total darkness.
Regarding claim 5, Mathias as modified teaches of claim 4, and Wang further teaches of wherein the electric photo cell material is configured to recharge to full capacity after receiving energy from the light source (Fig. 2, ¶0065-0066, a solar cell can be used in the device and a large amount of charge can be stored; the electric photo cell is configured to receive energy from the light source).
Regarding claim 6, Mathias as modified teaches of claim 4, and further comprising (fig. 1):
the solid circular shaped body includes a second side (opposite side of the first side),
the second side includes an outer surface area (outer edges and circumference) and an inner surface area (middle area);
Mathias does not appear to teach of
c) the outer surface area of the second side includes a reflective tape;
d) the reflective tape is configured to reflect light received from the light source;
e) the inner surface area of the second side includes electric photo cell material;
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge; and
g) the electric photo cell material is configured to glow in the dark.
Hurwitz is in the field of leashes and teaches of
c) the outer surface area includes a reflective tape (Fig. 1a, reflective fabric/tap/strip 16 with reflective threads 17); and
d) the reflective tape is configured to reflect light received from a light source (Fig. 1a, reflective threads 17 reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Hurwitz of c) the outer surface area of the second side includes a reflective tape; and d) the reflective tape is configured to reflect light received from a light source in order to reflect light easily at night, highlighting the tag and alerting people of the animal from both sides of the circular body.
GoxRunx teaches of c) the outer surface area (interpreted as the outer edges or circumference of the band) includes a reflective tape (p. 1, reflective strip on the outer edges); and
d) the reflective tape is configured to reflect light received from a light source (reflective tape reflects light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias as modified by Hurwitz to incorporate the teachings of GoxRunx to apply the reflective tape on the outer edges, which is also interpreted as the outer surface area, in order to save material cost from applying the reflective tape on a majority of the area, apply a striped design that is more aesthetic to some people, and to use a striped design that provides high contrast to help the user stand out at night.
Wang teaches of
e) the inner surface area includes electric photo cell material (Fig. 4, photocell is in the inner surface area, which is the center of the device);
f) the electric photo cell material is configured to receive energy from the light source and store an electrical charge (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to store an electrical charge and power an LED emission unit); and
g) the electric photo cell material is configured to glow in the dark (Fig. 1, ¶0073 and 0076, the photocell 101 receives a visible light signal to power an LED emission unit, which can glow in total darkness).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mathias to incorporate the teachings of Wang of e) the inner surface area includes electric photo cell material; f) the electric photo cell material is configured to receive energy from a light source and store an electrical charge; and g) the electric photo cell material is configured to glow in the dark in order to brightly illuminate the tag when it is dark.
Regarding claim 7, Mathias as modified teaches of claim 6, and Wang further teaches of wherein the electric photo cell material is configured to recharge to full capacity after receiving energy from the light source (Fig. 2, ¶0065-0066, a solar cell can be used in the device and a large amount of charge can be stored; the electric photo cell is configured to receive energy from the light source).
Regarding claim 8, Mathias as modified teaches of claim 6, and Hurwitz further teaches of wherein the reflective tape of the first side comprises aluminum, and the reflective tape of the second side comprises aluminum (Figs. 1a and 2a of Hurwitz, the retroreflecting elements may be microspheres that are polymeric flexible sheet that is typically metallized with aluminum, which Examiner notes are implemented on the first and second side 22, 23 of the leash in Hurwitz).
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant argues that the configuration in the cited prior art is opposite of Applicant’s claimed arrangement, in which the reflective tape is disposed on the outer surface area, which yields a different visual and functional effect. The Examiner respectfully disagrees.
The Examiner interpreted “outer surface area” in two different ways as rejected above. Outer surface area can be broadly interpreted as the surface area located on the outside of the device, including part of or the whole surface. An alternative interpretation is the perimeter of the circular device. Both interpretations have been rejected as cited above. The Applicant would need to further specify what specific arrangement they want to claim.
Applicant argues that Wang does not teach of the photocell material itself glows in the dark and instead, Wang teaches of illumination through a digital-to-optical signal conversion in which a separate LED transmits light in a concentrated path to communicate data to a reader-writer. Examiner agrees with the Applicant’s interpretation of Wang. However, the claims were not clear in that it was the material itself that glows in the dark and in addition to the lack of detail in the specification, the Examiner had to best interpret the claim based on what is typical of photocells to one of ordinary skill in the art. Photocells are sensors that change its resistance when light shines on it and is often used to automatically turn on lights on and off. The device of a photocell and a lighting component was interpreted into Applicant’s claims of “an electric photo cell tag device” and the limitation “the electric photo cell material is configured to glow in the dark” to mean a material that can lead to illumination in the dark, such as turning on a light in the dark. The new ground of rejection in view of Johnson above is with the interpretation that the photocell material itself glows in the dark.
Applicant argues that Mathias teaches away from manufacturing methods involving high heat, such as injection molding, because Mathias explains that the body heat of the animal is sufficient to cause release of the essential oils from the body of the device and as such a person of ordinary skill in the art would understand that subjecting such materials to the high temperatures required for injection molding would destroy or significantly reduce their effectiveness. Applicant respectfully disagrees.
One of ordinary skill in the art would be able apply the essential oil to the plastic as taught in Mathias along with forming the device through injection molding. An example of injection molding and imparting essential oils to the plastic is by Szczepanowski et al. (US 20110126413) on para. 0068 and 0105. Indicia can be formed with plastic (para. 0068) and the indicia 52f is formed on the lube ring 51 via injection mold pressing, and essential oils or scent or any other attributes may be included (para. 0105). One of ordinary skill in the art could impart the essential oil on the injection molded device in other ways as well, such as coating and soaking the plastic with essential oil after the plastic has been formed with injection molding such that it seeps into the plastic. When the plastic device is worn on an animal, the essential oil can be released from the plastic through the animal’s heat. Mathias does not teach away of injection molding as a manufacturing method.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647