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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 3881963 (‘963). ‘963 discloses:
With Respect to Claim 1
An apparatus for connection to an object for being worn or carried by a user, comprising: a holder including an internal recess (11, see FIG. 4), wherein the internal recess is formed by a pair of sidewalls, an endwall, and a rear wall extending upward from a bottom (FIGS. 4-8), and wherein the holder includes at least one connector (connectors that attach lens set 50, see e.g. FIGS. 1-2) adapted for connecting an accessory to the object (capable of this use which is also the intended use, noting lens set 50 is the accessory); an insert (20/30/40) for positioning in the internal recess of the holder, the insert including at least one light (30), wherein the holder includes an opening (12) adapted for pushing the insert from the internal recess of the holder; and a fastener (headband 60 or alternately the fastener that attaches the headband portion to the main body 10 or alternately only the fastener on the headband rear that attaches the two parts of the band together) for fastening the holder to the object (capable of this use, e.g. any suitable object can attach to the headband, such as an object having a clip that clips onto the headband, or the headband could be located around a hat, headscarf, or similar object worn by a user, or used to hang off of a backpack strap, belt, or other object worn by a user).
With Respect to Claim 7
The apparatus of claim 1, wherein the at least one light is adapted for flashing to form a beacon (capable of this use via the switch, i.e. a user can turn it off and on so as to flash to form a beacon).
With Respect to Claim 8
The apparatus of claim 1, wherein the internal recess includes a connector (magnet 24, FIG. 8) for connecting with the insert.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 5-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of JP 3881963 (‘963).
With Respect to Claim 1
Long discloses an apparatus for connection to an object for being worn or carried by a user, comprising: a holder (14) including an internal recess (recess for holding 300), wherein the internal recess is formed by a pair of sidewalls, an endwall, and a rear wall extending upward from a bottom (the circular wall can be characterized in this fashion, i.e. it has two sides, a front end, and a rear end), and wherein the holder includes at least one connector (opening 24 or alternately the outer section of the ring that forms 24) adapted for connecting an accessory to the object (capable of this use with an appropriate accessory, e.g. a cord/wire/string or a screw/bolt/etc could be used to attach an appropriate accessory using one of the openings 24); an insert (30) for positioning in the internal recess of the holder, the insert including at least one light (30 or alternately only 220), and a fastener (a different 24 or hook and loop or other mechanical fastener disclosed but not shown) for fastening the holder to the object (capable of this use which is also the intended use, noting e.g. disclosed bag/backpack which is an object); but does not disclose wherein the holder includes an opening adapted for pushing the insert from the internal recess of the holder.
However, ‘963 discloses the use of an opening (12) on the bottom of a similar recess that receives an inserted lighting device in order to assist in removal of the lighting device from the recess. It is noted that the ‘963 structure includes a magnetic connection to hold the parts together and also includes portions of the insert extending above the recess, similar to the Long structure.
It would have been obvious to one of ordinary skill in the art before the filling date of this application, given the disclosure of ‘963, to add a recess as taught by the ‘963 publication to the bottom wall of 14, in order to assist a user in removing the lighting device from the base.
Alternately, as to the at least one connector adapted for connecting an accessory to the object, Long discloses the use of a connector (noting power connector 13 and 31, FIGS. 10-11) to connect an accessory (battery/power source) to the light and thus to the holder and object via their interconnection, and also discloses alternately attaching the power connector to the base (14) and another power connector between the base and the light instead of directly to the light source (30), and the power connector on the base that connects to the power connector (13) of the battery/power source is a connector adapted for connecting an accessory to the object as claimed.
With Respect to Claim 5
The apparatus of claim 1, wherein the at least one connector (taken to be the outer section of the ring around one of the openings 24) comprises a rail (the outer ring structure is a rail to the extent claimed) spaced from a body of the holder (spaced by 24).
With Respect to Claim 6
The apparatus of claim 1, further including a pull (the outwardly extending structure that the opening 24 is located on is a pull to the extent broadly claimed inasmuch as it is capable of being grasped and pulled) located on the endwall of the holder (the portion it is located on can be characterized as the endwall).
With Respect to Claim 7
The apparatus of claim 1, wherein the at least one light is adapted for flashing to form a beacon (capable of this use via the controller, i.e. a user can turn it off and on so as to flash to form a beacon).
With Respect to Claim 8
The apparatus of claim 1, wherein the internal recess includes a connector (magnet 36, or hook and loop fastener disclosed but not shown) for connecting with the insert.
With Respect to Claim 9
The apparatus of claim 1, wherein the fastener comprises a plurality of hooks integrally formed on a surface of the holder (the disclosure of hook and loop fastener inherently includes the disclosure of hooks and the disclosure of loops or alternately the use of either of the two is clearly “obvious to try” as a mere selection from a limited number of art known alternatives or at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04)). As to the hooks being integrally formed it is Examiner’s position that the hooks are inherently integrally formed as they form a unit with the base or alternately forming them monolithically or using other integral formation methods would be obvious for the art known benefits of such formation method, as a mere selection of a art known formation/attachment mechanism, and/or constitutes at most merely making integral which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 11
A pack including the apparatus of claim 1 (see, e.g. FIG. 1, claim 9).
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of JP 3881963 (‘963) as applied to claim 1 above, and further in view of U.S. Patent #8,444,291 to Swan (Swan).
With Respect to Claims 1, 5-9, and 11
As an alternative to the rejection of claim 6 above using Long in view of ‘963 alone, Swan discloses forming a similar base (120) for holding a lighting device (110) with a pull (noting 127, 130) located on the endwall (noting top wall 123, FIGS. 10-11) of the holder.
It would have been obvious to one of ordinary skill in the art, given the disclosure of Swan, to add a pull (130 and/or 127) as taught by Swan to the holder of Long/the combination (for clarity, either by passing 130 through the opening 24 or adding an additional structure with opening 125 at that location) in order to allow for attachment of another accessory/object (e.g. a keychain 127) to the base.
As to claims 1, 5, 7-9, and 11, this combination is presented as an alternative rejection of those claims as well, as 130 or 127 also constitutes a connector as recited in claim 1.
With Respect to Claim 10
The combination above discloses the use of the holder and lighting device with various different items, but does not disclose an article of clothing adapted for connecting with the plurality of hooks according to the apparatus of claim 9.
However, Swan discloses forming an article of clothing (vest in FIG. 8 or helmet in FIG. 9) adapted to have a similar lighting apparatus base/holder attached thereto in order to secure a lighting device, and also an article of clothing (helmet, FIG. 9) including hook and loop fastener (130, FIG. 9) for attachment of accessories such as an illuminating device.
It would have been obvious to one of ordinary skill in the art, given the disclosure of Swan, to use the holder and illuminating device with an article of clothing (e.g. a helmet per FIG. 9, or alternately a vest) including hook and loop fastener adapted for connecting with the plurality of hooks according to the apparatus of claim 9, in order to provide the illumination benefits to a wearer of the helmet/vest as taught by Swan. For clarity, the disclosure of Long to use hook and loop fastener to attach its holder to the user worn object and the disclosure of Swan to attach the holder to the vest using a mating connection structure (i.e. MOLLE connector) is considered sufficient motivation to add hook and loop fastener to a vest to allow for attachment of the holder to the vest.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of JP 3881963 (‘963), either alone or also in view of Swan as applied to claim 1 above, and further in view of U.S. Patent #9,872,531 to Uke (Uke).
With Respect to Claim 3
The apparatus of claim 1, and that the openings can be used to fasten the base to the object and that various mechanical fasteners could be used, but does not detail a particular fastener for use with the opening and so does not disclose wherein the fastener comprises a bolt and nut.
However, Uke discloses a similar fastener for fastening a light holder (200, 300) to a user worn object (helmet 10) which comprises a bolt (350) and nut (360).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Uke, to use a bolt and nut as the fastener of Long/the combination, in order to better secure the parts together, for the art known benefits of this type of connection, and/or as a mere substitution of one art known fastener for another.
With Respect to Claim 4
The apparatus of claim 1, wherein the holder includes a passage (24) for receiving the fastener.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over JP 3881963 (‘963) or over U.S. Patent #7,410,270 to Long (Long) in view of JP 3881963 (‘963), either alone or also in view of Swan as applied to claim 1 above, and further in view of U.S. Patent #6,769,588 to Zheng (Zheng).
With Respect to Claim 7
As an alternative to the rejection of claim 7 above using ‘963, Long and ‘963,, or Long and ‘963 and Swan alone, Zheng discloses forming lights attached to an object (e.g. a user worn object such as a backpack) for flashing/blinking for entertainment purposes.
It would have been obvious to one of ordinary skill in the art, given the disclosure of Zheng, to form the light of Swan/Long/the combination to allow for blinking/flashing for entertainment purposes. It is Examiner’s position that such a light is capable of acting as a beacon to the extent claimed.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of JP 3881963 (‘963), either alone or also in view of Swan as applied to claim 1 above, and further in view of U.S. Patent #7,959,315 to Yan (Yan).
With Respect to Claim 10
As an alternative to the rejection of claim 10 above using Long in view of ‘963, either alone or further in view of Swan alone, Yan discloses that it is known in the art to attach similar lighting devices to clothing/garments as an art known substitute for attaching them to backpacks in order to provide an interchangeable system.
It would have been obvious to one of ordinary skill in the art, given the disclosure of Yan, to form an article of clothing with mating hook and loop fasteners to allow for attachment of the Long lighting structure/holder, in order to allow for interchangeable use of the lighting structure on multiple objects/items as taught by Yan.
Claims 12-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of U.S. Patent #8,444,291 to Swan (Swan) or in view of Swan and KR 102152718 to Byeon (Byeon).
With Respect to Claim 12
Long discloses an apparatus for connecting an accessory, comprising: a pack (100); a holder (14, 30) including at least one light (30 or 220), the holder being fastened to the pack and adapted for receiving a connector for connecting the accessory to the pack (capable of this use, e.g. it receives the power connector of 13 or capable of receiving a suitable connector through one of the openings 24), and the holder includes a recess (noting recess that receives 30); and that unspecified mechanical fasteners could be used to attach the base to the pack, but does not disclose a fastener for fastening the holder to the pack, wherein the holder comprises a recess including at least one passage for receiving the fastener.
However, Swan discloses a holder including at least one light removably attached to the holder, and including mounting holes (36/37) located on the base/holder underneath the attached light (see e.g. FIGS. 1-4) via a fastener (e.g. screws).
It would have been obvious to one of ordinary skill in the art, given the disclosure of Swan, to add mounting holes in the recess of the base/holder underneath the attached light (30) and use a fastener (e.g. screw) through one or more of these mounting holes to secure the base/holder to the pack,For clarity, this combination encompasses adding the mounting holes in this location as an additional mounting option or alternately removing the outward extending structure of the base and the openings (24) for the further benefit of reducing size and weight as well as improving aesthetic appeal by hiding the fasteners.
Alternately, although Examiner maintains that Swan is sufficient to provide motivation for and/or provide evidence of the obviousness of using this attachment mechanism, Byeon discloses forming a similar body including a recess for receiving a lighting structure (see e.g. FIGS. 4-5) wherein the recess includes at least one passage (14a) for receiving the fastener (screw, see FIG. 11) for attachment to another structure, which provides additional motivation for and/or evidence of the obviousness of locating such a passage/opening for a screw/bolt to attach the holder of Long/the combination inside the recess.
Alternately, as to the holder being adapted for receiving a connector for connecting the accessory to the pack, Swan discloses the use of a connector (125 and/or 130) to connect an accessory (e.g. 127 or other accessories are disclosed) to the light holder and the object it attaches to, which provides sufficient motivation to add such a structure and/or to use one of the openings (24) for this purpose.
With Respect to Claim 14
The apparatus of claim 12, wherein the fastener comprises a bolt (a screw is a kind of bolt) for passing through the pack and the at least one passage of the holder (it is Examiner’s position that this is how a screw ordinarily operates, i.e. it passes through openings in two objects in order to attach them together, or to the degree that some other construction is possible such as some external threaded structure the use of this common application of a screw connection is clearly obvious).
With Respect to Claim 16
The apparatus of claim 12, wherein the connector comprises an elastic cord (130 per Swan) and the holder includes a passage (24 or 125 per Swan) for receiving the elastic cord.
With Respect to Claim 17
The apparatus of claim 12, wherein the pack comprises a plurality of holders, each including at least one light (see, e.g. Swan FIG. 1).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of U.S. Patent #8,444,291 to Swan (Swan) or in view of Swan and KR 102152718 to Byeon (Byeon) as applied to claim 12 above, and further in view of U.S. Patent #6,769,588 to Zheng (Zheng) or Uke.
With Respect to Claim 14
As an alternative to the rejection of claim 14 above using Long or Long in view of Swan and/or Byeon alone, Zheng or Uke discloses attaching a light source holder to an object (Zheng specifically a pack) using a fastener that comprises a bolt (a screw is a kind of bolt) for passing through the pack and the at least one passage of the holder (FIGS. 4a-b), which provides additional motivation for and/or evidence of the obviousness of this construction. For clarity, this combination encompasses adding a mounting plate similar to that of Zheng or a nut like that of Uke on the side of the pack opposite the holder/body, or some other suitable art known structure to allow the screw to attach the holder to the pack.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,410,270 to Long (Long) in view of U.S. Patent #8,444,291 to Swan (Swan) or in view of Swan and KR 102152718 to Byeon (Byeon) as applied to claim 12 above, and further in view of U.S. Patent #6,769,588 to Zheng (Zheng).
With Respect to Claim 15
The apparatus of claim 12, but does not disclose further including a mounting plate on the pack for receiving the fastener.
However, Zheng discloses attaching a similar light holding structure to a pack (see, e.g. FIGS. 4A/B showing screw attachment of a housing, and Col. 7 lines 55-61 for e.g. lights instead of the speakers shown) using a mounting plate (100) on the pack for receiving the fastener.
It would have been obvious to one of ordinary skill in the art, given the disclosure of Zheng, to add a mounting plate (100) to the pack for receiving the fastener, in order to protect the pack from direct contact with the fastener, to provide an additional stiffener/stabilizing structure to the holder, to provide an additional threaded area for the screws to better hold them in position, and/or as a mere selection of an art appropriate fastening structure to use (noting also that Long discloses the use of suitable mechanical fasteners and does not require a specific fastener) or a mere substitution of one art known fastening structure for another.
Response to Arguments
Applicant’s arguments filed 6/24/25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/ Primary Examiner, Art Unit 3734