RESPONSE TO AMENDMENT
This communication is responsive to the amendment filed 4-November-2025 with respect to application 18/185,600 filed 17-March-2023.
Applicant has amended claims 3 and 4, cancelled 1, 2 and 5, and has added new claim 6.
Claims 3, 4 and 6 are currently pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3 and 4 are rejected under 35 USC §103 as unpatentable over Gagliano et al. (United States Patent # US 10,718,847 B2), and incorporating by reference provisional application #62/447,157) hereinafter Gagliano, in view of Olmsted et al. (United States Patent Application Publication # US 2018/0218574 A1), hereinafter Olmsted.
Consider claim 3: A beacon device, Gagliano discloses a flexible beacon system [Title; Abstract; Fig. 1, 3; Col. 1, 12-14; Col. 2, 8-34], comprising
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a quantum cascade laser for emitting Mid-Wave Infra-Red or Long-Wave Infra-Red light; laser module (104) may comprise an infrared quantum cascade laser operating at mid-wave (MWIR) and/or long-wave (LWIR) wavelengths [Col. 5; 50-64; Claim 4];
an axicon for reflecting light from the quantum cascade laser to create a beacon; an embodiment in which a reflector (160) (an axicon) reflects emissions to create a halo shape emission (170) [Fig. 3; Col. 10, 49-66; See also application #62/430,681 Fig. 8, 10, 12-15 and associated disclosure]; and
iris cap installed above the axicon that creates an iris for the beacon; a distribution module (cap) (96) that attaches separably in a non-permanent manner to a base module (94); and wherein the distribution unit (96) comprises one or more openings (120) in which optical elements (140) may, or may not be placed, and which act to form and control the limits of an emitted signal pattern [Fig. 1, 3, 4; Col. 6, 4-34; Col. 10, 49-66], the iris cap comprising a disc-shaped body and an annular wall projecting downward from the outer periphery of the disc-shaped body, the annular wall projecting into the light reflected from the axicon to create the iris for the emission of the beacon from the beacon device. Gagliano depicts the distribution module (96) with an apparently circular hollow tubular shape with a flat upper cover, to which the axicon (160) is attached, and an open lower portion into which laser light is introduced though an opening (98) optical element (142) of an attached base module (94), and where the light reflected from the axicon forms a halo (170) directed through the sides of the tubular shape through an opening (120) containing a further optical element (140) [Fig. 2, 3; Col. 3, 38-51; Col. 6, 4-34; Col. 10, 49-62].
Gagliano does not explicitly describe the distribution module as a “cap”, but clearly discloses that the distribution module separately attached in a non-permanent manner to the base module and that the base module may be used alone, without a distribution module, or with one or more different distribution modules to create different beam and emission distribution patterns.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that the distribution module may broadly be considered a “cap”, and that one or more different modules may be attached as taught by Gagliano (and including provisional application # 62/430,681) to create different beam distributions using a common base unit.
Gagliano suggests that the distribution module comprises a flat circular top (a disc-shaped bay) and annular wall into which one or more windows/lens are placed, and where at least the top and bottom window edges limit the extent of light emission (thus forming an iris) and creating a halo [Fig. 3; Col 10, 49-56]. Gagliano does not explicitly show the arrangement of the walls and openings in three dimensions.
Olmsted, however, discloses an analogous beacon system comprising a separable base module (102A) and distribution module (102B) [Title; Abstract; Fig. 1-2; Para. 0025-0026, 0028].
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Olmsted discloses that the distribution module comprises a base plane (144), flat (planar) roof (146), and a plurality of supports (142) projecting downward from the roof, to form a plurality of openings (126) containing a plurality of distribution windows [Fig. 2; Para. 0032, 0038]. Laser light (252, 256) projects through an opening in the base plane to a reflective surface (220) (axicon) attached to the roof. The ray is reflected and exits through a window (140A, 140B), but where travel is limited (252, 258) by an upper window edge, a lower widow edge (262, 268) creating an iris [Fig. 10; Para. 0075-0079].
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a distribution module may comprise a planar upper “roof” to which an axion is attached with a plurality of supports (walls) projecting downward to a base plane, and into which a series of openings are formed, and laser light introduced through an opening in the base plane and directed to an axicon attached to the roof, is reflected outward through the openings, the distribution of which is limited at least by the upper and lower edges of an opening, as taught by Olmstead and applied to a flexible beacon system with a round (tubular) shape distribution module as taught by Gagliano, where the limits of the opening edges and optical elements inserted in the openings (iris) can be used to form a desired radiation pattern, and in particular a “halo” effect.
Consider claim 4 and as applied to claim 3: The beacon device as claimed in claim 3, wherein the iris cap is swappable to change the effective iris.
Gagliano discloses one or more distribution modules (cap) (96) that attaches separably in a non-permanent manner to a base module (94); and wherein the distribution unit (96) comprises one or more openings (120) in which optical elements (140) may, or may not be placed, and which act to form and control the limits of an emitted signal pattern [Fig. 1, 3, 4; Col. 6, 4-34; Col. 10, 49-66];
Gagliano does not explicitly describe that the one or more modules are “swappable”, but clearly discloses that the distribution module separately attaches in a non-permanent manner to the base module and that the base module may be used alone, without a distribution module, or with one or more different distribution modules to create different beam and emission distribution patterns (i.e. application of a different iris).
Olmsted specifically discloses that different type distribution modules may be used with a base module [Para. 0028].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that the one or more different modules may be attached at different times (or broadly, “swapped”) as taught by Olmsted and applied to the smart beacon taught by Gagliano (and including provisional application # 62/430,681) as modified by Olmsted, to configure particular different desired beam distributions using different opening boundaries and optical elements, but using a common base unit.
Claim 6 is rejected under 35 USC §103 as unpatentable over Gagliano et al. (United States Patent # US 10,718,847 B2), and incorporating by reference provisional application #62/447,157) hereinafter Gagliano, and Olmsted et al. (United States Patent Application Publication # US 2018/0218574 A1), hereinafter Olmsted, further in view of Dahlberg (United States Patent # US 5,335,151).
Consider claim 6, and as applied to claim 4: The beacon device as claimed in claim 4, wherein the iris cap has a countersunk hole for a countersunk screw to mount the iris cap concentrically with the axicon.
Neither Gagliano nor Olmsted discloses the use of countersunk screws to mount the iris cap. Such mounting mechanism is exceedingly well known in prior art, and for example:
Dahlberg discloses an analogous marker light [Title; Abstract; Fig. 1-3; Col. 1, 4-15, 27-54] and in particular that a transparent cover plate (3) and underlying prism (4) [equivalent to an iris cap) is attached to the marker housing (6) using four countersunk screws (7) [Fig, 1; Col. 3, 19-46].
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to mount a transparent cover or iris cap to a marker assembly using a plurality of countersunk screws, as taught by Dahlberg, applied to a flexible beacon system with a round (tubular) shape distribution module as taught by Gagliano as modified by Olmsted, to provide a level surface, without protrusion, and to more precisely center the cover.
Response to Arguments
Applicant’s arguments filed on 4-November-2025 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant’s remarks with respect to objection made with respect to the drawings: Applicant’s amended drawings are accepted, and the objection has been withdrawn.
Consider Applicant’s remarks with respect to objection made with respect to claim 3: Applicant’s amendment of the claim obviates the objection, which has been withdrawn.
Consider Applicant’s remarks with respect to rejection of claims 1-5 under 35 USC §112(b) as indefinite:
Regarding claims 1, 2 and 5: arguments are moot, these claims have been cancelled by the Applicant.
Regarding claims 3 and 4: Applicant’s amendment of these claims obviates the rejections, which have been withdrawn.
Consider Applicant’s remarks with respect to the rejection of claims 1-5 under 35 USC §103 over Gagliano (US 10,718,847 B2 & 62/430,681):
Regarding claims 1, 2 and 5: arguments are moot, these claims have been cancelled by the Applicant.
Regarding independent claim 3: Arguments presented assert that Gagliano fails to teach or suggest a disc-shaped iris cap with a downward projecting wall from the iris cap outer periphery to create an iris for emission, and presently claimed. This argument is rendered moot by a new rejection of the claim under 35 USC §103 over Gagliano and Olmsted (US 2018/0218574 A1), where Olmsted teaches these structures.
Regarding claim 4: No additional or specific arguments have been made with respect to this claim, and allowability asserted based on the alleged allowability of base claim 3, from which it depends. This claim is now also rejected under 35 USC §103 over Gagliano and Olmsted, based on the new rejection of the base claim, and on the particular citations and analysis presented in this Office action
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Finkle (U.S. Patent # US 3,312,826 A) disclosing a photoelectric smoke detector with ventilation induced by light source.
Shen et al. (U.S. Patent Application Publication # US 2006/0176702 A1) disclosing a warning lamp for highway patrol, has converging element that diverges high intensity light beams to form collimated light beams so as to horizontally project out from light window of light housing.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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