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 .
Response to Amendment
The amendment filed July 1st, 2025 has been entered. Claims 1-3 and 6-13 remain pending in the application. Claims 4-5 have been cancelled by the applicant.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 U.S.C. § 102(a)(1) and claim 13 under 35 U.S.C. § 103 have been considered but are moot because the limitations of the claims have been amended to add new issues. New grounds of rejection have been issued.
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 1-3 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Deuker (US 7106179 B1), previously cited1, further in view of Grady (US 20040046678 A1).
Regarding Claim 1: Deuker discloses (in at least figures 1-4 and 7, the description, and the claims) a vehicle and deployable location marking system (fig. 1 and par. 13: deployment system for rugged illuminating marking devices 300) comprising:
a vehicle including an exterior frame and an undercarriage (par. 17: deployment system mounted internally or externally to vehicle. See also par. 9: “the system can be mounted internally or externally to a law enforcement, road crew, or utility company vehicle.” It is inherent that these vehicles include an exterior frame and undercarriage);
a power source being mounted on the vehicle (fig. 2 and par. 38: charger/holding mechanism 114 are connected to vehicle battery);
an electromagnet being coupled to said undercarriage of said vehicle and being electrically coupled to said power source (fig. 2 and par. 13: mechanism 114 includes magnetic coupling between for charging illumination devices 300 in the deployment system. See also par. 15: deploying mechanism includes “a magnetic or electromagnetic force” that deploys devices 300 from magnetic coupling 114);
a switch being electrically coupled to said electromagnet and being mounted on a steering wheel, wherein said switch turns on or off a magnetized condition said electromagnet (par.’s 16-17: “Various interfaces may be used to control the deployment. For example, deployment can be controlled through an interface inside the vehicle or may be remotely controlled. Multiple deployment systems may be installed internally or externally to a vehicle. The multiple systems can be controlled with one user interface or one automatic controller.” It is implicit that multiple interfaces accessible to a user inside and controlling said vehicle, i.e. a driver, includes interfaces mounted on the steering wheel); and
a beacon for marking a location being releasably coupled to said electromagnet and releasing from said electromagnet when actuated by said switch to a demagnetized condition (fig. 1 and par.’s 13-15: illumination devices 300 deployed from magnetic coupling with charger/holding mechanism 114 via “a magnetic or electromagnetic force”);
wherein said beacon includes a housing including a top wall, a bottom wall, and a perimeter wall being attached to and extending between said top and bottom walls, said housing enclosing an interior space (fig.’s 3A and 4-5: device 300 comprises two symmetrical halves 302a and 302b forming inner shell 302 encased by outer housing 304), said top wall having a convex outwardly facing surface (fig.’s 3A and 4-5: upper half 302a of rounded shell 302 has a convex outwardly facing surface as shown); and
a plurality of stabilizers being coupled to and extending laterally outward from said perimeter wall and being configured to horizontally stabilize said housing (par. 18 and fig. 3A: notches 308a and 308b proximate to pockets 322a and 322b allow device 300 “to be equally usable on each side, increasing its ease of use.” See fig. 3A: notches extend laterally from perimeter wall of outer housing 304).
Deuker does not explicitly disclose said bottom wall having a concave surface facing away from said top wall.
However, it has been held In re Dailey 149 USPQ 47 (CCPA 1966) that changes in shape are generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A-B). In the present instance, it would have been obvious to one of ordinary skill for the bottom wall of Deuker (fig.’s 3A and 4-5: lower half 302b of rounded shell 302) to have a concave surface facing away from the top wall to produce rigid form factor that allows the device to maintain its position when deployed in a road environment (Par. 21: Deuker teaches that outer and inner shells of device 300 are designed to prevent the device “from sliding when hit or run over by moving objects.” See par. 22: outer and inner shells of device 300 are designed to be rigid.).
Deuker does not explicitly discloses that each stabilizer comprising a horizontally orientated L-shaped panel.
Grady discloses an analogous art (fig. 6: magnetic LED warning beacon 60) further including a plurality of stabilizers being coupled to said perimeter wall and being configured to horizontally stabilize said housing (fig. 6 and par. 44: folding legs 66 with horizontal to 60 forming L-shape).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the stabilizers, as taught by Grady, to be included in the devices of Deuker thereby providing a wide and stable base for the device when in the extended position (par. 44).
As stated above, it has been held that changes in the shape of a device involves only routine skill in the art unless a new and unexpected result is produced. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The ‘L-shape’ as disclosed in the application does not provide a new or unexpected result regarding the horizontal stability of the housing over the device disclosed by Deuker in view of Grady. See MPEP 2144(IV)(B). Changing the shape of the panel does not negatively affect the prior art, nor does the L shape appear to be critical to the current invention.
Regarding Claim 2: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 1, and Deuker further discloses wherein said power source comprises a battery (fig. 2 and par. 38: charger/holding mechanism 114 are connected to vehicle battery).
Regarding Claim 3: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 1, and Deuker further discloses wherein said electromagnet has a transmitter coil (fig. 4 and par. 20: charger/holding mechanism 114 mounted to vehicle recharges device 300 via inductive charging. See also par. 18: “If the energy source is a rechargeable power source, then the contacts 310a 310b provide electrical connections between the clamps 108 of the mechanism 114 in the deployment system and the device 300 to recharge the energy source.”).
Regarding Claim 6: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 1, and Deuker discloses the system further including a magnetically active plate being coupled to said top wall of said housing and being releasably engaged with said electromagnet (par. 18: “If the energy source is a rechargeable power source, then the contacts 310a 310b provide electrical connections between the clamps 108 of the mechanism 114 in the deployment system and the device 300 to recharge the energy source.”, fig. 2 and par. 13: mechanism 114 includes magnetic coupling between for charging illumination devices 300 in the deployment system. See also par. 15: deploying mechanism includes “a magnetic or electromagnetic force” that deploys devices 300 from magnetic coupling 114).
Regarding Claim 7: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 6, and Deuker discloses the system further including a power supply being positioned within said interior space of said housing, said power supply comprising a rechargeable battery (fig. 4 and par. 19: energy source 312 comprises rechargeable batteries).
Regarding Claim 8: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 7, and Deuker discloses the system further including a control circuit being electrically coupled to said power supply, said control circuit being positioned within said interior space of said housing (fig.’s 4 par. 19: printed circuit board 314 coupled to energy source 312. See also fig. 7 and par. 27: power management electronics for illumination device).
Regarding Claim 9: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 8, and Deuker discloses the system further including a transceiver being electrically coupled to said control circuit and being configured for wirelessly transmitting a geographic position of said housing (fig. 7 and par. 30: transceiver 706).
Regarding Claim 10: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 9, and Deuker discloses the system further including a magnetic sensor being coupled to said housing and actuating said beacon when released from said electromagnet, said magnetic sensor being electrically coupled to said control circuit (fig. 7 and par. 31: magnetic sensor 707).
Regarding Claim 11: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 10, and Deuker discloses the system further including a plurality of light emitters being electrically coupled to said control circuit and emitting light when actuated, said light emitters being coupled to said top wall of said housing, said light emitters being positioned adjacent to said magnetically active plate, each light emitter of said plurality of light emitters comprising a light emitting diode (fig. 4 and par. 19: light emitting devices 318 coupled to circuit board 314. See also par. 18 and fig. 3A: inner shell 302 is clear enabling thereby allowing 318 to emit light through top, side, and bottom walls of device 300 through windows 306).
Regarding Claim 12: Deuker in view of Grady discloses the vehicle and deployable location marking system of claim 11, and Deuker discloses the system further including a speaker being electrically coupled to said control circuit and emitting an audible alarm when actuated, said speaker being positioned on said top wall of said housing (par. 29: siren or speaker can be enabled in response to detected motion. It is implicit that said speaker would be integrated on outer shell 304, i.e. a top wall, of devices 300).
Regarding Claim 13: Deuker discloses (in at least figures 1-4 and 7, the description, and the claims) a vehicle and deployable location marking system (fig. 1 and par. 13: deployment system for rugged illuminating marking devices 300) comprising:
a vehicle including an exterior frame and an undercarriage (par. 17: deployment system mounted internally or externally to vehicle. See also par. 9: “the system can be mounted internally or externally to a law enforcement, road crew, or utility company vehicle.” It is inherent that these vehicles include an exterior frame and undercarriage);
a power source being mounted on the vehicle , said power source comprising a battery (fig. 2 and par. 38: charger/holding mechanism 114 are connected to vehicle battery);
an electromagnet being coupled to said undercarriage of said vehicle and being electrically coupled to said power source (fig. 2 and par. 13: mechanism 114 includes magnetic coupling between for charging illumination devices 300 in the deployment system. See also par. 15: deploying mechanism includes “a magnetic or electromagnetic force” that deploys devices 300 from magnetic coupling 114), said electromagnet having a transmitter coil (fig. 4 and par. 20: charger/holding mechanism 114 mounted to vehicle recharges device 300 via inductive charging. See also par. 18: “If the energy source is a rechargeable power source, then the contacts 310a 310b provide electrical connections between the clamps 108 of the mechanism 114 in the deployment system and the device 300 to recharge the energy source.”);
a switch being electrically coupled to said electromagnet and being mounted on a steering wheel, wherein said switch turns on or off a magnetized condition said electromagnet (par.’s 16-17: “Various interfaces may be used to control the deployment. For example, deployment can be controlled through an interface inside the vehicle or may be remotely controlled. Multiple deployment systems may be installed internally or externally to a vehicle. The multiple systems can be controlled with one user interface or one automatic controller.” It is implicit that multiple interfaces accessible to a user inside and controlling said vehicle, i.e. a driver, includes interfaces mounted on the steering wheel);
a beacon for marking a location being releasably coupled to said electromagnet and releasing from said electromagnet when actuated by said switch to a demagnetized condition (fig. 1 and par.’s 13-15: illumination devices 300 deployed from magnetic coupling with charger/holding mechanism 114 via “a magnetic or electromagnetic force”), said beacon including:
a housing including a top wall, a bottom wall, and a perimeter wall being attached to and extending between said top and bottom walls, said housing enclosing an interior space (fig.’s 3A and 4-5: device 300 comprises two symmetrical halves 302a and 302b forming inner shell 302 encased by outer housing 304) said top wall having a convex outwardly facing surface (fig.’s 3A and 4-5: upper half 302a of rounded shell 302 has a convex outwardly facing surface as shown);
a plurality of stabilizers being coupled to and extending laterally outward from said perimeter wall and being configured to horizontally stabilize said housing (par. 18 and fig. 3A: notches 308a and 308b proximate to pockets 322a and 322b allow device 300“to be equally usable on each side, increasing its ease of use.” See fig. 3A: notches extend laterally from perimeter wall of outer housing 304);
a magnetically active plate being coupled to said top wall of said housing and being releasably engaged with said electromagnet (par. 18: “If the energy source is a rechargeable power source, then the contacts 310a 310b provide electrical connections between the clamps 108 of the mechanism 114 in the deployment system and the device 300 to recharge the energy source.”, fig. 2 and par. 13: mechanism 114 includes magnetic coupling between for charging illumination devices 300 in the deployment system. See also par. 15: deploying mechanism includes “a magnetic or electromagnetic force” that deploys devices 300 from magnetic coupling 114);
a power supply being positioned within said interior space of said housing, said power supply comprising a rechargeable battery (fig. 4 and par. 19: energy source 312 comprises rechargeable batteries);
a control circuit being electrically coupled to said power supply, said control circuit being positioned within said interior space of said housing (fig.’s 4 par. 19: printed circuit board 314 coupled to energy source 312. See also fig. 7 and par. 27: power management electronics for illumination device);
a transceiver being electrically coupled to said control circuit and being configured for wirelessly transmitting a geographic position of said housing (fig. 7 and par. 30: transceiver 706);
a magnetic sensor being coupled to said housing and actuating said beacon when released from said electromagnet, said magnetic sensor being electrically coupled to said control circuit (fig. 7 and par. 31: magnetic sensor 707);
a plurality of light emitters being electrically coupled to said control circuit and emitting light when actuated, said light emitters being coupled to said top wall of said housing, said light emitters being positioned adjacent to said magnetically active plate, each light emitter of said plurality of light emitters comprising a light emitting diode (fig. 4 and par. 19: light emitting devices 318 coupled to circuit board 314. See also par. 18 and fig. 3A: inner shell 302 is clear enabling thereby allowing 318 to emit light through top, side, and bottom walls of device 300 through windows 306); and
a speaker being electrically coupled to said control circuit and emitting an audible alarm when actuated, said speaker being positioned on said top wall of said housing (par. 29: siren or speaker can be enabled in response to detected motion. It is implicit that said speaker would be integrated on outer shell 304, i.e. a top wall, of devices 300).
Deuker does not explicitly disclose said bottom wall having a concave surface facing away from said top wall.
However, it has been held In re Dailey 149 USPQ 47 (CCPA 1966) that changes in shape are generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A-B). In the present instance, it would have been obvious to one of ordinary skill for the bottom wall of Deuker (fig.’s 3A and 4-5: lower half 302b of rounded shell 302) to have a concave surface facing away from the top wall to produce rigid form factor that allows the device to maintain its position when deployed in a road environment (Par. 21: Deuker teaches that outer and inner shells of device 300 are designed to prevent the device “from sliding when hit or run over by moving objects.” See par. 22: outer and inner shells of device 300 are designed to be rigid.).
Deuker does not explicitly discloses that each stabilizer comprising a horizontally orientated L-shaped panel.
Grady discloses an analogous art (fig. 6: magnetic LED warning beacon 60) further including a plurality of stabilizers being coupled to said perimeter wall and being configured to horizontally stabilize said housing (fig. 6 and par. 44: folding legs 66 with horizontal to 60 forming L-shape).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the stabilizers, as taught by Grady, to be included in the devices of Deuker thereby providing a wide and stable base for the device when in the extended position (par. 44).
Furthermore, it has been held that changes in the shape of a device involves only routine skill in the art unless a new and unexpected result is produced. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The ‘L-shape’ as disclosed in the application does not provide a new or unexpected result regarding the horizontal stability of the housing over the device disclosed by Deuker in view of Grady. See MPEP 2144(IV)(B). Changing the shape of the panel does not negatively affect the prior art, nor does the L shape appear to be critical to the current invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Clouthier (US 20090090291 A1) discloses the system according to claim 1, apart from the beacon releasing from said electromagnet when actuated by said switch to a demagnetized condition.
Deuker (US 7088222 B1) discloses the system according to claim 1, apart from the beacon releasing from said electromagnet when actuated by said switch to a demagnetized condition.
Clark (US 7108446 B2) discloses the system according to claim 1, apart from the beacon being coupled to said electromagnet.
Daudelin (US 8786461 B1) discloses the systems according to claims 1-8, 11, and the corresponding limitations of claim 13.
Bennet (US 9046229 B2) discloses the system according to claim 1, apart from the beacon releasing from said electromagnet when actuated by said switch to a demagnetized condition.
Blair (US 9557038 B2) discloses the system according to claim 1, apart from the beacon releasing from said electromagnet when actuated by said switch to a demagnetized condition.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA DEHERRERA can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 3/25/26
1 Citations are to the copy provided with the Non-Final Rejection on 5/27/25.