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 Objections
Claims 1-3, and 7 are objected to because of the following informalities.
Claim 1, lines 7-8, “the underlying text” should read “an underlying text”.
Claim 1, line 9, “the movement” should read “a movement”.
Claim 2, line 2, “the width” should read “a width”.
Claim 3, line 5, “the sliding movement” should read “a sliding movement”.
Claim 7, line 10, “the underlying text” should read “an underlying text”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable under US 20050106541 A1 (“Lockett”) in view of US 8480400 B1 (“Armbruster”) and US 20030215776 A1 (“Chesters”).
In regards to claim 1, Lockett discloses the following limitations with the exception of the underlined limitations.
A reading device for helping to learn to read ([0007], “The present invention provides a device … for helping an individual learn the pronunciation, spelling and meaning of a word.”), comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window ([0007], “The device comprises a word isolator including a window … The window is placed over the unfamiliar word.”), a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window ([0007], “The device comprises … a slide … The slide can cover the entire word, expose just a portion of the word, or expose the entire word.”), a fixed panel on the other side of the window remote from the moveable panel, said fixed panel acting as a stop to limit the movement of the moveable panel beyond the window, and an arm associated with and attached to each panel at a first end, the arms being attached together at their second ends opposite the first ends and remote from the panels in the manner of a tong / tweezer, whereby movement of the or each moveable panel can be effected by means of the arms.
Armbruster discloses
a fixed panel on the other side of the window remote from the moveable panel, said fixed panel acting as a stop to limit the movement of the moveable panel beyond the window (column 2, lines 55-57, “a distal extremity having ... abutment means in the form of ridge ... which interacts with open end member ... to prevent removal of panel”),
Lockett and Armbruster are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for helping to learn to read, comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window, and a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window, as disclosed by Lockett, a fixed panel on the other side of the window remote from the moveable panel, said fixed panel acting as a stop to limit the movement of the moveable panel beyond the window, as disclosed by Armbruster, to provide a distal extremity to prevent removal of a panel for a device for teaching reading skills.
Chesters discloses
and an arm associated with and attached to each panel at a first end ([0028], “FIG. 2B is a front view of the embodiment of FIG. 2A with a pointer arm along its right side.”), the arms being attached together at their second ends opposite the first ends and remote from the panels in the manner of a tong / tweezer, whereby movement of the or each moveable panel can be effected by means of the arms ([0175], “the present invention ... consists of ... a ... rigid, attachably detachable ... arm”; [0253], “FIG. 7B shows ... an attachably detachable ... arm” Examiner notes that the attachably detachable arms may be attached together in the manner of a tong/tweezer.).
Lockett and Chesters are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for helping to learn to read, comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window, and a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window, as disclosed by Lockett, and an arm associated with and attached to each panel at a first end, the arms being attached together at their second ends opposite the first ends and remote from the panels in the manner of a tong / tweezer, whereby movement of the or each moveable panel can be effected by means of the arms, as disclosed by Chesters, to provide rigid, attachably detachable arms for rapid reading methods and reading pointers, and specifically to underscoring methods for the rapid reading of common text.
In regards to claim 2, Lockett does not disclose wherein the fixed panel extends only partially across the width of the body and is spaced from either longitudinal side so as to define a longitudinal channel on either side of the fixed panel.
Armbruster discloses
wherein the fixed panel extends only partially across the width of the body and is spaced from either longitudinal side so as to define a longitudinal channel on either side of the fixed panel (column 2, lines 22-23, “FIG. 2 is a view of the embodiment of FIG. 1 in a partially open, operational state.” Examiner notes in annotated Armbruster FIG. 2 the fixed panel extends partially across the width of the embodiment.).
PNG
media_image1.png
559
777
media_image1.png
Greyscale
Lockett and Armbruster are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for helping to learn to read, comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window, and a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window, as disclosed by Lockett, wherein the fixed panel extends only partially across the width of the body and is spaced from either longitudinal side so as to define a longitudinal channel on either side of the fixed panel, as disclosed by Armbruster, to provide an embodiment for a device for teaching reading skills.
In regards to claim 3, Lockett does not disclose wherein the moveable panel includes a pair of spaced apart longitudinally extending fingers which extend from the moveable panel towards the fixed panel on either side of the window, the fingers being sized and positioned to engage in the channels on either side of the fixed panel to guide the sliding movement of the moveable panel.
Chesters discloses
wherein the moveable panel includes a pair of spaced apart longitudinally extending fingers which extend from the moveable panel towards the fixed panel on either side of the window, the fingers being sized and positioned to engage in the channels on either side of the fixed panel to guide the sliding movement of the moveable panel ([0191], “In FIG. 2A, the embodiment is … shown being held about the control surface of control member … by … an index finger … a middle finger … and a ring finger … holding the device extended slightly outward from the body, with pointer arm … directed away from the reader.”).
Lockett and Chesters are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for helping to learn to read, comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window, and a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window, as disclosed by Lockett, wherein the moveable panel includes a pair of spaced apart longitudinally extending fingers which extend from the moveable panel towards the fixed panel on either side of the window, the fingers being sized and positioned to engage in the channels on either side of the fixed panel to guide the sliding movement of the moveable panel, as disclosed by Chesters, to provide an embodiment with an index finger, a middle finger, and a ring finger for rapid reading methods and reading pointers, and specifically to underscoring methods for the rapid reading of common text.
In regards to claim 4, Lockett discloses
further including locking means associated with the or each moveable panel such that the or each panel can be locked in position ([0022], “The slide portion … has tabs … near a first end of the slide portion …, which tabs extend through slots … in the window portion … to secure the slide portion … and the window portion … to one another.”).
In regards to claim 5, Lockett discloses
wherein, the height of the window is dimensioned to accommodate the height of one line of text ([0024], “FIG. 5 shows the entire word UNCOVERING exposed by the slide portion … in the opening”).
In regards to claim 6, Lockett does not disclose wherein the arms are biased away from each other such that the panels are fully open in an unbiased state.
Chesters discloses
wherein the arms are biased away from each other such that the panels are fully open in an unbiased state ([0175], “the present invention ... consists of ... a ... rigid, attachably detachable ... arm”; [0253], “FIG. 7B shows ... an attachably detachable ... arm” Examiner notes that the attachably detachable arms may be arranged where they appear more distant from one another than they actually are (i.e., biased away from each other).).
Lockett and Chesters are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for helping to learn to read, comprising a body have an elongated through opening forming a reading window which is sized and shaped to enable at least a part of a single row of reading text to be displayed in the window, and a single moveable panel slideably mounted on the body in longitudinal alignment with the window such that it can slide longitudinally across the window from one longitudinal side of the window towards the other to variably overlap the window selectively to partially or completely close the window and hence at least partially obscure the underlying text aligned with the window, as disclosed by Lockett, wherein the arms are biased away from each other such that the panels are fully open in an unbiased state, as disclosed by Chesters, to provide rigid, attachably detachable arms for rapid reading methods and reading pointers, and specifically to underscoring methods for the rapid reading of common text.
In regards to claim 7, Lockett discloses the following limitations with the exception of the underlined limitations.
A reading device for concealing portions of a word to assist in reading comprising ([0008], “The present invention can ... be used to ... determine the meaning of an unfamiliar word. The user places the word isolator over the text with the slide moved so the root of the unfamiliar word is exposed in the window.”):
a body have an elongated rectangular through opening forming a reading window which is sized and shaped to enable at least a part of a single row of a reading text to be displayed in the window ([0007], “The device comprises a word isolator including a window … The window is placed over the unfamiliar word.”) and a channel extending parallel to a long side of the window;
a single moveable panel having an arm slideably mounted within the channel in longitudinal alignment with the window such that it can slide longitudinally across the window from a first short side of the window towards a second short side to variably overlap the window to partially or completely close the window and hence at least partially obscure the underlying text aligned within the window ([0007], “The device comprises … a slide … The slide can cover the entire word, expose just a portion of the word, or expose the entire word.”);
said body further including a fixed panel adjacent the second short side of the window acting as a stop to limit the movement of the moveable panel beyond the window;
and an arm attached to each panel at a first end, the arms being flexibly attached together at their second ends opposite the first ends and remote from the panels so that the first end of the arms can be moved toward and away from each other to selectively slide the movable panel and displace the fixed panel to conceal different portions of a word.
Armbruster discloses
and a channel extending parallel to a long side of the window (column 2, lines 55-57, “a distal extremity having ... abutment means in the form of ridge”);
Lockett and Armbruster are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for concealing portions of a word to assist in reading comprising: a body have an elongated rectangular through opening forming a reading window which is sized and shaped to enable at least a part of a single row of a reading text to be displayed in the window,
a single moveable panel having an arm slideably mounted within the channel in longitudinal alignment with the window such that it can slide longitudinally across the window from a first short side of the window towards a second short side to variably overlap the window to partially or completely close the window and hence at least partially obscure the underlying text aligned within the window, as disclosed by Lockett, and a channel extending parallel to a long side of the window, as disclosed by Armbruster, to provide a distal extremity for a device for teaching reading skills.
Chesters discloses
and an arm attached to each panel at a first end ([0028], “FIG. 2B is a front view of the embodiment of FIG. 2A with a pointer arm along its right side.”), the arms being flexibly attached together at their second ends opposite the first ends and remote from the panels so that the first end of the arms can be moved toward and away from each other to selectively slide the movable panel and displace the fixed panel to conceal different portions of a word ([0175], “the present invention ... consists of ... a ... rigid, attachably detachable ... arm”; [0253], “FIG. 7B shows ... an attachably detachable ... arm” Examiner notes that the attachably detachable arms may be attached together to slide the window of Lockett to conceal different portions of a word.).
Lockett and Chesters are considered analogous to the claimed invention because they are in the field of devices and methods for teaching reading skills. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a reading device for concealing portions of a word to assist in reading comprising: a body have an elongated rectangular through opening forming a reading window which is sized and shaped to enable at least a part of a single row of a reading text to be displayed in the window,
a single moveable panel having an arm slideably mounted within the channel in longitudinal alignment with the window such that it can slide longitudinally across the window from a first short side of the window towards a second short side to variably overlap the window to partially or completely close the window and hence at least partially obscure the underlying text aligned within the window, as disclosed by Lockett, and an arm attached to each panel at a first end, the arms being flexibly attached together at their second ends opposite the first ends and remote from the panels so that the first end of the arms can be moved toward and away from each other to selectively slide the movable panel and displace the fixed panel to conceal different portions of a word, as disclosed by Chesters, to provide rigid, attachably detachable arms for rapid reading methods and reading pointers, and specifically to underscoring methods for the rapid reading of common text.
Contact Information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LISA HOPE ANTOINE whose telephone number is
(571) 272-4252. The examiner can be reached Monday-Thursday, 7:30 am-5:30 pm CDT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Publication Information
Information regarding the status of published or unpublished applications may be
obtained from the Patent Center. Unpublished application information in the Patent
Center is available to registered users. To file and manage patent submissions in the
Patent Center, visit: https://patentcenter.uspto.gov. Visit
https://www.uspto.gov/patents/apply/patent-center for more information about the
Patent Center and https://www.uspto.gov/patents/docx for information about filing in
DOCX format. For additional questions, contact the Electronic Business Center (EBC)
at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LISA HOPE ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715