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 .
Claim Rejections - 35 USC § 102
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3200786 to Swezy.
Regarding claim 1, Swezy teaches a signaling device comprising: a panel (removable members 63 and 64) having indicia (the word “LEFT”, figure 1; column 3, lines 24-28) being applied to the panel (63 and 64), the indicia corresponding to road signs (sheet 51 of sign 12) wherein the indicia are configured to visually communicate traffic rules to drivers on a roadway, the panel (63 and 64) being comprised of a deformable material thereby facilitating the panel to be rolled up for storage (figures 8-9; column 3, lines 12-14 and 49-63 and column 1, lines 56-60) and a coupler (snap members 66-67) being attached to the panel (63 and 64), the coupler (66-67) releasably engaging a front face of a road sign (sheet 51 of sign 12; figure 1) thereby attaching the panel (63-64) to the road sign (12) wherein the panel (63-64) is configured to be visible to drivers on the roadway to facilitate the drivers to comply with the traffic rules communicated on the panel.
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Regarding claim 2, Swezy teaches the indicia (the word “LEFT”, figure 1; column 3, lines 24-28) are applied to a front surface of the panel (63-64; figure 1).
Regarding claim 3, Swezy teaches the panel (63-64) is comprised of an opaque material (column 4, lines 38-42) such that the panel (63-64) conceals the front face (51) of the road sign (12) when the panel (63-64) is positioned on the front face (51) wherein the panel (63-64) is configured to inhibit drivers from being able to see the front face (column 3, lines 24-36).
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 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over US 3200786 to Swezy in view of US 20190333423 to Kehoe et al. (Kehoe).
Regarding claim 4, Swezy does not teach the coupler having a forward surface and a rear surface, the forward surface being bonded to a back surface of the panel having the forward surface completely covering the back surface.
Kehoe teaches an adaptable road signs (8, 108) have messages (visual indicator 7, 107) that can quickly be changed by, for instance, applying a placard or banner (placard 4, 104) on the road sign (8, 108). The placard or banner (4, 104) comprising: a panel having indicia (visual indicator 47, 147) being applied to the panel, the indicia (47, 147) comprising words and numbers corresponding to road signs wherein the indicia are configured to visually communicate traffic rules to drivers on a roadway (the visual indicator 7 and/or 47 maybe "Construction Zone Speed Limit 10 MPH"; "Road Construction 1 Mile"; "Road Construction 1000 FT"; "Road Construction 1500 FT"; "Road Construction 250 FT"; "Road Construction 500 FT"; ¶0060), the panel (4 or 104) being comprised of a deformable material thereby facilitating the panel to be rolled up for storage (0074 and ¶0085); and a coupler (coupling feature or magnetic features ¶0017, 0055, and 0090-0092; figure 7B-7C) being attached to the panel (4 or 104), the coupler releasably engaging a front face of a road sign (8) thereby attaching the panel (4 or 104) to the road sign wherein the panel is configured to be visible to drivers on the roadway to facilitate the drivers to comply with the traffic rules communicated on the panel.
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Kehoe also teaches “the coupling feature can include one or more magnets, fasteners, adhesives, or combinations thereof. In some embodiments, the coupling feature can include one or more magnets. In some embodiments, the one or more magnets comprises one or more magnetic materials such as neodymium iron boron, samarium cobalt, alnico, ceramic, ferrite, iron nitride, or combinations thereof” (¶0008).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the snap fastener taught by Swezy with magnetic fasteners as taught by Kehoe with a reasonable expectation of success to provide a means to selectively and removably attach the panel to the existing road sign. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 5, Kehoe teaches the rear surface are configured to abut the front face of the road sign (figures 2D).
Regarding claim 6, Swezy does not teach the coupler comprising magnetic material.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct snap coupling feature taught by Swezy with magnetic fastener as taught by Kehoe with a reasonable expectation of success to provide an alternate attachment/coupling means. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 6, Kehoe teaches the coupler is comprised of a magnetic material thereby facilitating the coupler to magnetically engage the front face of the road sign.
Regarding claims 7 and 8, Swezy teaches a signaling device comprising: a panel (removable members 63 and 64) having indicia (the word “LEFT”, figure 1; column 3, lines 24-28) being applied to the panel (63 and 64), the indicia comprising words and numbers corresponding to road signage wherein the indicia are configured to visually communicate traffic rules to drivers on a roadway, the panel (63 and 64) being comprised of a deformable material thereby facilitating the panel to be rolled up for storage (figures 8-9; column 3, lines 12-14 and 49-63 and column 1, lines 56-60), the indicia being applied to a front surface of the panel, the panel (63 and 64) is comprised of an opaque material (column 4, lines 38-42) such that the panel (63 and 64) conceals a front face of a road sign (sheet 51 of sign 12; figure 1) when the panel is positioned on the front face wherein the panel is configured to inhibit drivers from being able to see the front face; and a coupler (66-67) being attached to the panel (63 and 64), the coupler (66-67) releasably engaging a front face of a road sign (sheet 51 of sign 12; figure 1) thereby attaching the panel (63 and 64) to the road sign wherein the panel is configured to be visible to drivers on the roadway to facilitate the drivers to comply with the traffic rules communicated on the panel.
Swezy does not teach the coupler having a forward surface and a rear surface, the forward surface being bonded to a back surface of the panel having the forward surface completely covering the back surface or coupler comprising magnetic material.
Kehoe teaches an adaptable road signs (8, 108) have messages (visual indicator 7, 107) that can quickly be changed by, for instance, applying a placard or banner (placard 4, 104) on the road sign (8, 108). The placard or banner (4, 104) comprising: a panel having indicia (visual indicator 47, 147) being applied to the panel, the indicia (47, 147) comprising words and numbers corresponding to road signs wherein the indicia are configured to visually communicate traffic rules to drivers on a roadway (the visual indicator 7 and/or 47 maybe "Construction Zone Speed Limit 10 MPH"; "Road Construction 1 Mile"; "Road Construction 1000 FT"; "Road Construction 1500 FT"; "Road Construction 250 FT"; "Road Construction 500 FT"; ¶0060), the panel (4 or 104) being comprised of a deformable material thereby facilitating the panel to be rolled up for storage (0074 and ¶0085); and a coupler (coupling feature or magnetic features ¶0017, 0055, and 0090-0092; figure 7B-7C) being attached to the panel (4 or 104), the coupler releasably engaging a front face of a road sign (8) thereby attaching the panel (4 or 104) to the road sign wherein the panel is configured to be visible to drivers on the roadway to facilitate the drivers to comply with the traffic rules communicated on the panel.
Kehoe also teaches “the coupling feature can include one or more magnets, fasteners, adhesives, or combinations thereof. In some embodiments, the coupling feature can include one or more magnets. In some embodiments, the one or more magnets comprises one or more magnetic materials such as neodymium iron boron, samarium cobalt, alnico, ceramic, ferrite, iron nitride, or combinations thereof” (¶0008).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the snap fastener taught by Swezy with magnetic fasteners as taught by Kehoe with a reasonable expectation of success to provide a means to selectively and removably attach the panel to the existing road sign. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed 9/22/2025 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1-3 over U.S. Patent 3200786 to Swezy et al., in view of U.S. Patent Publication No. 20190333423 to Kehoe et al., the applicant argues the flexible material taught by Swezy et al. is “for a completely different purpose which is not necessarily consistent with rolling for storage. The purpose of flexible material in Swezy relates again to the connection of the device and is particularly for the device to remain on a sign, which teaches away from any functionality of a flexible material related to storage”.
The examiner disagrees.
The claims recite “said panel being comprised of a deformable material thereby facilitating said panel to be rolled up for storage”. Swezy clearly recites the panel (members 63 and 64) are formed of a flexible material and the combination of sign (sheet 51) with the panel (members 63 or 64) attached can be wrapped (rolled) around the arms 28 and 29. See figures 8-9.
The rejection is maintained.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
