DETAILED ACTION
Remarks
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear if the claimed “a clock ring” of claim 19 is further defining the “a ring” of claim 12, or whether it is defining another, separate element of the claimed device. Thus, claim 19 and the dependent claims thereof are indefinite.
Claim Rejections – 35 USC 102 (AIA )
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 1-6 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2010/0220554 A1 to ENDRESIK.
Regarding claim 1, ENDRESIK teaches an infant clock device (Abstract: apparatus for relating time to activity; par. 0011: teaches children how to relate time to the performing of one or more scheduled activities; FIG. 1, apparatus 1) comprising:
a body (par. 0027; FIG. 1, ref. 2 housing comprising flat panel 3);
a clock hand (par. 0027; FIG. 1, ref. 4 analog clock, including hour indicator 5 and minute indicator 6);
a clock indicia (par. 0028; FIG. 1, ref. 4 analog clock, including circular clock face 9 having a twelve-hour scale 10 with a numerical marker at each hour and a sixty-minute scale 11 with a numerical marker at each minute); and
a symbol comprised of a fastener (par. 0027; 0032-33; FIG. 1, ref. 7 activity display including magnetic activity pieces 19 to allow a user to easily affix and remove activity pieces 19 from the flat panel 3).
Regarding claim 2, ENDRESIK further teaches wherein the body is comprised of a magnetic body (par. 0028: the flat panel 3 is constructed from a ferro-magnetic material or any other material that is able to attract magnets).
Regarding claim 3, ENDRESIK further teaches wherein the fastener is comprised of a magnetic fastener (par. 0027; 0032-33; FIG. 1, ref. 7 magnetic activity pieces 19).
Regarding claim 4, ENDRESIK further teaches wherein the symbol is comprised of an image (par. 0027; 0032-33; FIG. 1, ref. 7 activity pieces 19 displaying image of an activity (e.g., as shown comprising an image of an activity such as food, sleeping, soccer, etc.)).
Regarding claim 5, ENDRESIK further teaches wherein the image represents a task (par. 0011; 0013; 0027; 0032-33; FIG. 1, ref. 7 activity pieces 19, each activity piece displaying a new activity (e.g., as shown comprising an image of an activity such as food, sleeping, soccer, etc.) to be performed by the user).
Regarding claim 6, ENDRESIK further teaches wherein the clock indicia is comprised of a number (par. 0028; FIG. 1, ref. 4 analog clock, including a numerical marker at each hour and a numerical marker at each minute).
Claim Rejections - 35 USC § 103 (AIA )
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of US 2018/0056710 A1 to BOETTCHER.
Regarding claim 7, ENDRESIK teaches an infant clock device (Abstract: apparatus for relating time to activity; par. 0011: teaches children how to relate time to the performing of one or more scheduled activities) comprising: a body (par. 0027; FIG. 1, ref. 2 housing); a clock hand (par. 0027; FIG. 1, ref. 4 analog clock, including hour indicator 5 and minute indicator 6); a clock indicia (par. 0028; FIG. 1, ref. 4 analog clock, including circular clock face 9 having a twelve-hour scale 10 with a numerical marker at each hour and a sixty-minute scale 11 with a numerical marker at each minute); a symbol comprised of a fastener and a symbol indicia (par. 0027; 0032-33; FIG. 1, ref. 7 activity display including activity pieces 19 being magnetic to allow a user to easily affix and remove activity pieces 19 from the flat panel 3, and each activity piece displaying image of a new activity); a marker (par. 0037; FIG. 1, ref. 27 markers); and a marker holder (par. 0037: two slots 29 on each side of the housing 2 wherein the erasable colored markers 27 can be easily stored and accessed (see FIG. 5).).
To the extent ENDRESIK does not expressly disclose the infant clock device further comprises an eraser, ENDRESIK does disclose the device surface comprises a material commonly used in dry erase boards, and that it is intended for a user to erase as needed (par. 0031). Although ENDRESIK does not expressly disclose an eraser comprising a grip, BOETTCHER teaches a conventional way to clean a whiteboard is to use an eraser to rub the surface of the board using an eraser that comprises a grip (par. 0003-0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an eraser with a grip, as taught by BOETTCHER, into the invention of ENDRESIK, thereby providing a known whiteboard eraser to erase a whiteboard in a conventional manner.
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of BOETTCHER, as applied to claims 7, in further view of US 2009/0016168 A1 to SMITH.
Regarding claim 8, ENDRESIK teaches the elements above, but does not expressly disclose wherein the body is comprised of a light.
Regarding claim 11, ENDRESIK teaches the elements above, but does not expressly disclose wherein the light is controlled by a remote.
Regarding claims 8 and 11, to the extent ENDRESIK does not expressly disclose wherein the body is comprised of a light and controlled by a remote, SMITH teaches a related timepiece apparatus (Abstract) for telling or teaching time (par. 0010), the timepiece apparatus comprising a clock (par. 0037) with images that represent one or more particular times and/or activities in a child’s day (par. 0038). SMITH further discloses the clock may include remote controls, where reading lights may be remotely controlled on the remote control (par. 0057). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate lights that are controlled by a remote, as taught by SMITH, into the modified invention of ENDRESIK, in order to allow the user to activate reading lights at night, thereby allowing the user to see the device at night.
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of BOETTCHER and SMITH, as applied to claims 8, in further view of US 2012/0057433 A1 to DIDUCH.
Regarding claim 9, ENDRESIK teaches the elements above, but does not expressly disclose wherein the light is powered by a battery. However, DIDUCH teaches a similar clock display with lights, powered by a battery (par. 0063). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a battery for powering lights, as taught by DIDUCH, into the modified invention of ENDRESIK, as doing so would be use of a known technique of powering clocks with lights to improve similar devices in the same way. Moreover, doing so would amount to combining prior art elements according to known methods, by incorporating batteries to power the lights, to yield predictable results, e.g., powering the device without the need to plug into an outlet.
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of BOETTCHER, SMITH, and DIDUCH, as applied to claims 9, in further view of US 2023/0050509 A1 to AMAYAKA.
Regarding claim 10, ENDRESIK teaches the elements above, but does not expressly disclose wherein the battery is comprised of a charging port. However, AMAYAKA teaches an educational device comprising batteries which can be recharged through a battery charging power (par. 0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate rechargeable batteries that can be recharged through a battery recharge port, as taught by AMAYAKA, into the modified invention of ENDRESIK, as doing so would be use of a known technique of powering an educational device to improve similar devices in the same way. Moreover, doing so would amount to combining prior art elements according to known methods, by incorporating rechargeable batteries with a recharge port, to yield predictable results, e.g., ability to recharge batteries once drained, providing long-term savings and reduced environmental waste.
Claims 12-19 are rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of US 2017/0087921 A1 to KRAMER and BOETTCHER.
Regarding claim 12, ENDRESIK teaches an infant clock device (Abstract: apparatus for relating time to activity; par. 0011: teaches children how to relate time to the performing of one or more scheduled activities) comprising:
a body (par. 0027; FIG. 1, ref. 2 housing);
a clock hand (par. 0027; FIG. 1, ref. 4 analog clock, including hour indicator 5 and minute indicator 6);
a ring (par. 0028; FIG. 1, ref. 4 analog clock, including circular clock face 9 comprising outer rim 13);
a clock indicia (par. 0028; FIG. 1, ref. 4 analog clock, including circular clock face 9 having a twelve-hour scale 10 with a numerical marker at each hour and a sixty-minute scale 11 with a numerical marker at each minute);
a symbol comprised of a first fastener and a symbol indicia (par. 0027; 0032-33; FIG. 1, ref. 7 activity display including activity pieces 19 being magnetic to allow a user to easily affix and remove activity pieces 19 from the flat panel 3, and each activity piece displaying image of a new activity);
a marker (par. 0037; FIG. 1, ref. 27 markers);
a marker holder (par. 0037: two slots 29 on each side of the housing 2 wherein the erasable colored markers 27 can be easily stored and accessed (see FIG. 5).).
Regarding claim 13, ENDRESIK further teaches wherein the clock indicia is comprised of a pattern, a logo, an emblem, a symbol, a design, a letter, a character, an animal, an advertisement, or a brand (par. 0028; FIG. 1, twelve-hour scale 10 with a numerical marker at each hour and a sixty-minute scale 11 with a numerical marker at each minute, which are interpreted as comprising a pattern, symbol, and character).
Regarding claim 14, ENDRESIK teaches the elements above, but does not expressly disclose wherein the second fastener is comprised of a suction cup.
Regarding claim 15, ENDRESIK teaches the elements above, but does not expressly disclose wherein the second fastener is comprised of a magnet.
Regarding claim 16, ENDRESIK further teaches wherein the body is comprised of a dry erase material (par. 0031: flat panel 3 to comprise a surface such as those commonly used in dry erase boards).
Regarding claim 17, ENDRESIK further teaches wherein the marker is comprised of a dry erase marker (par. 0031: erasable markers).
Regarding claim 18, ENDRESIK teaches the elements above, but does not expressly disclose wherein the eraser is comprised of a grip.
Regarding claims 12, 14, and 15, to the extent ENDRESIK does not expressly disclose the marker holder is comprised of a second fastener comprised of a suction cup or a magnet, KRAMER teaches another marker storage accessory for storing a dry-erase marker, and comprising a main body with a surface-engaging structure comprising a magnet and/or a suction cup for engaging the writing surface (par. 0046-47). By accommodating both a magnet and a suction cup, KRAMER discloses the marker storage accessory has the flexibility of attachment to a variety of surfaces, including both metallic and non-metallic surfaces, and allow the device to pivot around an axis (par. 0047) which helps to extend the effectiveness and useful lifespan of the dry erase marker when oriented in a vertical nub-down orientation (par. 0004-0005). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the marker storage accessory, as taught by KRAMER, for the marker storage of ENDRESIK, in order to allow the holder to be portable, allow the device to be attached to both metallic and non-metallic surfaces, and allow the stored dry-erase marker to be rotated into an orientation that increases its effectiveness and extends its useful lifespan.
Regarding claims 12, and 18, to the extent ENDRESIK does not expressly disclose the infant clock device further comprises an eraser comprised of a grip, ENDRESIK does disclose the device surface comprises a material commonly used in dry erase boards, and that it is intended for a user to draw and/or erase as needed (par. 0031). Although ENDRESIK does not expressly disclose an eraser comprising a grip, BOETTCHER teaches a conventional way to clean a whiteboard is to use an eraser to rub the surface of the board using an eraser that comprises a grip (par. 0003-0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an eraser with a grip, as taught by BOETTCHER, into the modified invention of ENDRESIK, thereby providing a known whiteboard eraser to erase a whiteboard in a conventional manner.
Regarding claim 19, ENDRESIK further teaches a clock ring (par. 0028; FIG. 1, ref. 4 analog clock, including circular clock face 9 comprising outer rim 13). Alternatively, to the extent the “clock ring” of claim 19 is interpreted as a separate element from the “ring” of claim 12, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the ring of ENDRESIK so that the device comprises a second clock ring, as mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over ENDRESIK, in view of KRAMER and BOETTCHER, as applied to claim 19, in further view of US 2007/0287140 A1 to LIEBOWITZ.
Regarding claim 20, ENDRESIK teaches the elements above including a clock ring (see above), but does not expressly disclose wherein the clock ring is removably attached to the body. However, LIEBOWITZ discloses a related analog clock assembly for educating a user about telling time (Abstract) comprising various layers including a first layer comprising a ring of the clock face, wherein the various layers may preferably be installed or removed from the planning surface in order to customize the device or to assist in teaching how the clock works in a piecemeal fashion (par. 0022-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a removably attachable clock ring, as taught by LIEBOWITZ, into the modified invention of ENDRESIK, in order to allow for customization of the clock face and to assist in teaching how the clock works in a piecemeal fashion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES B HULL/Primary Examiner, Art Unit 3715