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 .
Claims 1 thru 20 have been examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “112” has been used to designate both school bus lighting subsystem and the rear lights of the school bus (Figure 3). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities: In P[0004] line 9, and line 10, the phrase “one or more alert lights is” should be “one or more alert lights are”.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: In P[0023] line 6, the phrase “receiver 158” should be “repeater 156” based on the content of the paragraph.
Appropriate correction is required.
The use of the term BLUETOOTH P[0020], which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 14 and in line 15, the phrase “one or more alert lights is” should be “one or more alert lights are”. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: In the last line, the “first warning sign” should be “second warning sign” to agree with the second plurality of alert lights. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: In line 2 and in line 3, the phrase “the signal” should be “the wireless signal” to agree with claim 16. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: In line 2, the phrase “the signal” should be “the wireless signal” to agree with claim 16. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a school bus lighting subsystem…that selectively activates in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The school bus lighting subsystem is interpreted to include front mounted lights 116 and rear mounted lights 120 electrically coupled by wires 160 to an activation switch 164 (P[0027]) further includes a transmitter 168 and a GPS receiver 180 (Figure 3).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 thru 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.
Claim 12 recites the limitation "the roadway" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is also unclear if this roadway is the same as “a road” recited in claim 11 line 4.
Claim 12 recites the limitation "the school bus" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the one or more alert lights" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites "the one or more alert lights" in line 6 and in line 10, while claim 11 recites "one or more bus alert lights" in line 2 and "at least one sign alert light" in line 5. It is unclear if these are new alert lights, the same as the bus alert lights or the same as the sign alert light.
Claim 1 recites the limitation "the roadway" in line . There is insufficient antecedent basis for this limitation in the claim. It is also unclear if this roadway is the same as “a road” recited in claim 11 line 4.
Claim 16 recites “a roadway” in line 7, while earlier “a roadway” is also recited in line 5. It is unclear if this is the same roadway or a new roadway. The examiner assumes it is the same roadway for continued examination.
Claim 16 recites “a stopped bus warning zone” in lines 7 and 8, while earlier “a stopped bus warning zone” is also recited in line 5. It is unclear if this is the same stopped bus warning zone or a new stopped bus warning zone. The examiner assumes it is the same stopped bus warning zone for continued examination.
Claim 20 recites the limitation "the receiver" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites “the receiver” three times in lines 2, 3 and 4, while claim 16 recites “a first receiver” in line 12 and “a second receiver” in line 15. It is unclear if this is a new receiver, or either the first or second receiver.
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.
Claim(s) 1 thru 3, 8, 9 and 16 thru 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hahn Patent Number 6,222,462 B1 in view of Bishop Patent Number 4,325,057.
Regarding claim 1 Hahn teaches the claimed school bus remote sign safety system, an apparatus for warning drivers as to the presence of a concealed hazard that is a concealed school bus stopping location (abstract), comprising:
the claimed transmitter located on the school bus communicatively coupled to the activation switch and capable of transmitting a signal, “the signal to activate the sign 12 is transmitted by the transmitter 20 located in the school bus 21 by means of the antenna 22 on the school bus 21” (column 3 lines 35 thru 37 and Figures 2 and 3);
the claimed at least one warning sign positioned alongside a roadway within a stopped bus warning zone, “With reference to FIG. 3, a method is provided for warning drivers as to the presence of a concealed hazard, in this case the concealed hazard illustrated is a school bus 21 in the process of loading or unloading one or more passengers. A sign 12 is installed along a highway 44. The sign 12 has a switch 30 to turn the sign 12 from an inactive mode to a warning mode and from the warning mode to the inactive mode.” (column 4 lines 6 thru 15 and Figure 3), and “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4), the claimed stopped bus warning zone equates to the portion of the road having a sufficient distance from a concealed stopping location to the sign placement, wherein
the claimed warning sign has one or more alert lights, “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17), and “The front of the sign 12 is placed so as face oncoming road traffic and includes warning lights 16 which are illuminated and flash when the sign 12 is in the warning mode” (column 3 lines 19 thru 22 and Figure 1);
the claimed receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the signal from the transmitter and being in communication with the warning sign, “The signal is received by the antenna 24 on the sign 12 and carried by electrical wiring 26 to the receiver 14. The receiver 14 is connected electronically to electronic circuitry 28 into which is integrated a switch 30 which turns the sign 12 from an inactive mode to a warning mode and from a warning mode to an inactive mode.” (column 3 lines 37 thru 39 and Figure 2); wherein
the claimed activation causes the transmitter to transmit the signal to the receiver, “the signal to activate the sign 12 is transmitted by the transmitter 20 located in the school bus 21 by means of the antenna 22 on the school bus 21” (column 3 lines 35 thru 37 and Figures 2 and 3), and “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33);
the claimed when the signal is received by the receiver it activates one or more alert lights on the warning sign, “A receiver 14 activates a switch 30 to change the sign 12 from the inactive mode to the warning mode upon receiving a signal.” (column 4 lines 18 thru 21), and “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17);
the claimed one or more alert lights are visible to a driver traveling along the roadway to alert the driver to the presence of the school bus when the alert lights are activated, “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4).
Hahn does not explicitly teach the claimed activation switch located in the school bus, but does teach, “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 34). The driver of the school bus can enable the transmission of the signal to change the sign to a warning mode, but lacks the explicitly recitation of the claimed “switch”.
Bishop teaches, “Each transmitter 42 has an on-off switch 46, a frequency selector 48 having five positions RF1, RF5 to select a given transmission frequency so that one transmitter may be used on any bus” (column 5 lines 51 thru 55 and Figure 2). The on-off switch of Bishop would be applied by the driver of Hahn to enable the transmission of the signal to the receiver at the sign. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus for warning drivers of the presence of a concealed hazard of Hahn with the switch to transmit a school bus notification from the bus of Bishop in order to, with a reasonable expectation of success, reduce the amount of time which traffic will be held up by the waiting bus (Bishop column 3 lines 25 and 26).
Regarding claim 2 Hahn and Bishop teach the claimed system of claim 1 (see above), wherein Hahn teaches the claimed stopped bus warning zone is a zone along the roadway with a length of 2640 feet or less for either side of a designated bus stop, “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4), and “two of the apparatus 10 may be used for signs 12 placed along the highway 44 on each side of the stopping location 48, and these two signs 12 may be connected electronically or by means of a radio signal so that they may be operated together to warn drivers of motor vehicles 52 approaching the stopping location 48 from either or both directions” (column 4 lines 39 thru 46). Hahn does not recite an exact distance from the sign 12 to the concealed location 48, but given the scale of Figure 3, the distance is between 315 feet and 405 feet. This is based on a typical large school bus having length of 35 to 45 feet, and Figure 3 indicating that there are nine school bus lengths between the sign and the concealed location (35 x 9 = 315, and 45 x 9 = 405).
The applicant’s specification states, “A “warning distance” is a distance that provides adequate distance for an approaching car to be warned or alerted and have time to brake to reasonable speed or safe stop. This ensures that the distance between the transmitter 168, which is located on the school bus 102, is within an acceptable distance of the receivers 172, while the school bus 102 is located within the stopped bus warning zone 106, for the receivers 172 to receive the signal 158 from the transmitter 168, i.e., in the illustrative embodiment of FIG. 1, the distance 136 and the distance 140 are each 2,640 feet. The distance in other embodiments may be larger or smaller. In some embodiments, the warning signs 124 are located no farther than 640-650 feet from the bus stop 104. Those skilled in the art will appreciate that other dimension may be used in different situations.” P[0020]. The adequate distance for an approaching car to be warned or alerted equates to the sufficient distance from a concealed stopping location to provide drivers of approaching motor vehicles warning of Hahn.
Regarding claim 3 Hahn and Bishop teach the claimed system of claim 1 (see above), wherein Hahn teaches
the claimed warning sign comprises a first warning sign and a second warning sign, “two of the apparatus 10 may be used for signs 12 placed along the highway 44 on each side of the stopping location 48, and these two signs 12 may be connected electronically or by means of a radio signal so that they may be operated together to warn drivers of motor vehicles 52 approaching the stopping location 48 from either or both directions” (column 4 lines 39 thru 46); wherein
the claimed first warning sign is located along the roadway and position so that drivers approaching the school bus from an opposite direction of travel of the school bus are alerted to the presence of the school bus when the alert lights of the first warning sign are activated, “With reference to FIG. 3, a method is provided for warning drivers as to the presence of a concealed hazard, in this case the concealed hazard illustrated is a school bus 21 in the process of loading or unloading one or more passengers. A sign 12 is installed along a highway 44. The sign 12 has a switch 30 to turn the sign 12 from an inactive mode to a warning mode and from the warning mode to the inactive mode.” (column 4 lines 6 thru 15 and Figure 3), and “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4), these portions would be implemented, by a person having ordinary skill in the art, to warn drivers of motor vehicles 52 approaching the stopping location 48 from either or both directions (column 4 lines 39 thru 46); and
the claimed second warning sign is located along the roadway and position so that drivers approaching the school bus from same direction of travel of the school bus are alerted to the presence of the school bus when the alert lights of the second warning sign are activated, “With reference to FIG. 3, a method is provided for warning drivers as to the presence of a concealed hazard, in this case the concealed hazard illustrated is a school bus 21 in the process of loading or unloading one or more passengers. A sign 12 is installed along a highway 44. The sign 12 has a switch 30 to turn the sign 12 from an inactive mode to a warning mode and from the warning mode to the inactive mode.” (column 4 lines 6 thru 15 and Figure 3), and “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figures 3 thru 5).
Regarding claim 8 Hahn and Bishop teach the claimed system of claim 1 (see above), wherein Hahn does not teach the claimed activation is activated by an electrical system on the school bus being activated, but does teach, “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33). Bishop teaches, “Each transmitter 42 has an on-off switch 46, a frequency selector 48 having five positions RF1, RF5 to select a given transmission frequency so that one transmitter may be used on any bus, and a power supply 50, which is typically the battery for the engine of the bus. Transmitters 42 may be portable so as to facilitate transfer from one bus to the other, or they may be permanently installed.” (column 5 lines 51 thru 58 and Figure 2). The transmitter is powered when the electrical power of the bus is active (bus is running). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus for warning drivers of the presence of a concealed hazard of Hahn with the transmitter powered by the school bus battery of Bishop in order to, with a reasonable expectation of success, reduce the amount of time which traffic will be held up by the waiting bus (Bishop column 3 lines 25 and 26).
Regarding claim 9 Hahn and Bishop teach the claimed system of claim 1 (see above), wherein Hahn teaches the claimed activation switch is activated any time the school bus is running, “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33), the school bus is running when the driver is driving the school bus, and the driver can activate the warning transmission at any time while driving the vehicle.
Regarding claim 16 Hahn teaches the claimed school bus alert system, an apparatus for warning drivers as to the presence of a concealed hazard that is a concealed school bus stopping location (abstract), comprising:
the claimed transmitter located on the school bus operable to transmit a wireless signal and communicatively coupled to the activation switch, “A transmitter 20 located in a school bus 21 and connected to an antenna 22 for sending a signal from the school bus 21 to the receiver 14 to remotely change the sign 12 from the inactive mode to the warning mode by means of a radio signal as indicated by the arrow designated by the reference number 46.” (column 4 lines 21 thru 27 and Figures 2 and 3);
the claimed first warning sign positioned alongside a roadway within a stopped bus warning zone, “With reference to FIG. 3, a method is provided for warning drivers as to the presence of a concealed hazard, in this case the concealed hazard illustrated is a school bus 21 in the process of loading or unloading one or more passengers. A sign 12 is installed along a highway 44. The sign 12 has a switch 30 to turn the sign 12 from an inactive mode to a warning mode and from the warning mode to the inactive mode.” (column 4 lines 6 thru 15 and Figure 3), and “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4), the claimed stopped bus warning zone equates to the portion of the road having a sufficient distance from a concealed stopping location to the sign placement, wherein
the claimed first warning sign has a first plurality of alert lights that can be selectively activated, “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17), there are two warning lights 16 of the school bus warning sign 12 (Figure 1), and “The front of the sign 12 is placed so as face oncoming road traffic and includes warning lights 16 which are illuminated and flash when the sign 12 is in the warning mode” (column 3 lines 19 thru 22 and Figure 1);
the claimed second warning sign positioned alongside the roadway within the stopped bus warning zone, “With reference to FIG. 3, a method is provided for warning drivers as to the presence of a concealed hazard, in this case the concealed hazard illustrated is a school bus 21 in the process of loading or unloading one or more passengers. A sign 12 is installed along a highway 44. The sign 12 has a switch 30 to turn the sign 12 from an inactive mode to a warning mode and from the warning mode to the inactive mode.” (column 4 lines 6 thru 15 and Figure 3), warning drivers of motor vehicles 52 approaching the stopping location 48 from either or both directions (column 4 lines 39 thru 46), and “the sign 12 is located at a position shown by the reference number 50 along a highway such that it is visible a sufficient distance from a concealed stopping location 48 to provide drivers of approaching motor vehicles 52 warning as to the presence of a school bus 21 at the concealed location 48” (column 4 lines 48 thru 54 and Figure 4), wherein
the claimed second warning sign has a second plurality of alert lights that can be selectively activated, “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17), there are two warning lights 16 of the school bus warning sign 12 (Figure 1), and “The front of the sign 12 is placed so as face oncoming road traffic and includes warning lights 16 which are illuminated and flash when the sign 12 is in the warning mode” (column 3 lines 19 thru 22 and Figure 1);
the claimed first warning sign is on one side of the roadway and the second warning sign is on an opposite side of the roadway from the first warning sign, two signs may be placed to warn drivers of motor vehicles 52 approaching the stopping location 48 from either or both directions (column 4 lines 39 thru 46);
the claimed first receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the wireless signal from the transmitter and being in communication with the first warning sign to activate the first plurality of alert lights, “The signal is received by the antenna 24 on the sign 12 and carried by electrical wiring 26 to the receiver 14. The receiver 14 is connected electronically to electronic circuitry 28 into which is integrated a switch 30 which turns the sign 12 from an inactive mode to a warning mode and from a warning mode to an inactive mode.” (column 3 lines 37 thru 39 and Figure 2), and “A transmitter 20 located in a school bus 21 and connected to an antenna 22 for sending a signal from the school bus 21 to the receiver 14 to remotely change the sign 12 from the inactive mode to the warning mode by means of a radio signal as indicated by the arrow designated by the reference number 46.” (column 4 lines 21 thru 27 and Figures 2 and 3);
the claimed second receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the wireless signal from the transmitter and being in communication with the second warning sign to activate the second plurality of alert lights, “The signal is received by the antenna 24 on the sign 12 and carried by electrical wiring 26 to the receiver 14. The receiver 14 is connected electronically to electronic circuitry 28 into which is integrated a switch 30 which turns the sign 12 from an inactive mode to a warning mode and from a warning mode to an inactive mode.” (column 3 lines 37 thru 39 and Figure 2), and “A transmitter 20 located in a school bus 21 and connected to an antenna 22 for sending a signal from the school bus 21 to the receiver 14 to remotely change the sign 12 from the inactive mode to the warning mode by means of a radio signal as indicated by the arrow designated by the reference number 46.” (column 4 lines 21 thru 27 and Figures 2 and 3); wherein
the claimed activation causes the transmitter to transmit the wireless signal to the first and second receivers, “the signal to activate the sign 12 is transmitted by the transmitter 20 located in the school bus 21 by means of the antenna 22 on the school bus 21” (column 3 lines 35 thru 37 and Figures 2 and 3), and “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33);
the claimed when the wireless signal is received by the first receiver it activates the first plurality of alert lights on the first warning sign, “A receiver 14 activates a switch 30 to change the sign 12 from the inactive mode to the warning mode upon receiving a signal.” (column 4 lines 18 thru 21), and “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17);
the claimed when the wireless signal is received by the second receiver it activates the second plurality of alert lights on the second warning sign, “A receiver 14 activates a switch 30 to change the sign 12 from the inactive mode to the warning mode upon receiving a signal.” (column 4 lines 18 thru 21), and “Warning lights 16 are illuminated and flash when the sign 12 is in the warning mode.” (column 4 lines 15 thru 17).
Hahn does not explicitly teach the claimed activation switch located in the school bus, but does teach, “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 34). The driver of the school bus can enable the transmission of the signal to change the sign to a warning mode, but lacks the explicitly recitation of the claimed “switch”.
Bishop teaches, “Each transmitter 42 has an on-off switch 46, a frequency selector 48 having five positions RF1, RF5 to select a given transmission frequency so that one transmitter may be used on any bus” (column 5 lines 51 thru 55 and Figure 2). The on-off switch of Bishop would be applied by the driver of Hahn to enable the transmission of the signal to the receiver at the sign. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus for warning drivers of the presence of a concealed hazard of Hahn with the switch to transmit a school bus notification from the bus of Bishop in order to, with a reasonable expectation of success, reduce the amount of time which traffic will be held up by the waiting bus (Bishop column 3 lines 25 and 26).
Regarding claim 17 Hahn and Bishop teach the claimed system of claim 16 (see above), wherein Hahn teaches the claimed activation switch is activated any time the school bus is running, “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33), the school bus is running when the driver is driving the school bus, and the driver can activate the warning transmission at any time while driving the vehicle.
Regarding claim 18 Hahn and Bishop teach the claimed system of claim 16 (see above), wherein Hahn teaches the claimed activation switch is connected to or part of a warning light switch used to activate warning devices located on the school bus to notify drivers along the roadway that the school bus is stopping or is stopped, “Every school bus has warning lights that are visible at a distance to warn drivers of the presence of the bus and allow the drivers a reasonable opportunity to slow down.” (column 1 lines 19 thru 22), and “The transmitter 20 located in the school bus 21 enables a driver of the school bus 21 to remotely change the sign 12 from the inactive mode to the warning mode prior to the school bus 21 stopping and while the school bus 21 is stopped at the concealed location 48.” (column 4 lines 29 thru 33).
Claim(s) 4, 5, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hahn Patent Number 6,222,462 B1 and Bishop Patent Number 4,325,057 as applied to claims 1 and 16 above, and further in view of Bensoussan et al Patent Application Publication Number 2013/0229289 A1.
Regarding claims 4 and 19 Hahn and Bishop teach the claimed system of claim 1 and of claim 16 (see above), wherein Hahn does not teach the claimed system further comprising a signal repeater located alongside the roadway that receives the signal from the transmitter and resends the signal to the receiver. Signal repeaters are common and well known in the art to extend the range of transmissions. Bensoussan et al teach, “the first remote warning signal may be transmitted to other vehicles via repeaters or amplifiers, such as repeaters mounted in satellites or in terrestrial infrastructure (e.g., towers, underpasses, buildings, etc.)” P[0014]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus for warning drivers of the presence of a concealed hazard of Hahn and the switch to transmit a school bus notification from the bus of Bishop with the use of signal repeaters of Bensoussan et al in order to, with a reasonable expectation of success, extend the distance a signal is transmitted from a hazard site (Bensoussan et al P[0021]).
Regarding claims 5 and 20 Hahn, Bishop and Bensourran et al teach the claimed system of claims 1 and 4, and of claims 16 and 19 (see above). Hahn and Bishop do not teach the claimed when the communication between the transmitter and receiver is blocked or reduced by terrain or obstacles. Bensourran et al teach, “the first remote warning signal may be transmitted to other vehicles via repeaters or amplifiers” P[0014], and “warnings may be transmitted around curves or over hills” P[0014]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus for warning drivers of the presence of a concealed hazard of Hahn and the switch to transmit a school bus notification from the bus of Bishop with the use of signal repeaters to go around hills or curves of Bensoussan et al in order to, with a reasonable expectation of success, extend the distance a signal is transmitted from a hazard site (Bensoussan et al P[0021]).
Allowable Subject Matter
Claims 6, 7 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The reasons for indicating allowable subject matter over the prior art of record are based on the combined limitations of claims 1 and 6, claims 1 and 7, and claims 1 and 10. The closest prior art of record is Hahn Patent Number 6,222,462 B1, Hahn discloses a method and apparatus for warning drivers as to the presence of a concealed hazard. A first step involves providing a sign capable of changing from an inactive mode to a warning mode upon receiving a signal. A second step involves providing a transmitter compatible with the signs receiver. A third step involves positioning the sign at a location along a highway that is visible a sufficient distance from the concealed hazard to provide warning to drivers of approaching vehicles. Where the concealed hazard is a concealed school bus stopping location, it is preferred that the transmitter be positioned in a school bus so as to enable a driver of the school bus to remotely change the sign from the inactive mode to the warning mode as the school bus approaches the concealed stopping location.
In regards to claims 1 and 6, taken either individually or in combination with other prior art, Hahn fails to teach or render obvious a school bus remote sign safety system comprising an activation switch located on a school bus, a transmitter located on the school bus communicatively coupled to the activation switch and capable of transmitting a signal, and at least one warning sign positioned alongside a roadway within a stopped bus warning zone. The at least one warning sign has one or more alert lights. The system further comprising a receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the signal from the transmitter. The receiver being in communication with the at least one warning sign. Activation of the activation switch causes the transmitter to transmit the signal to the receiver. When the signal is received by the receiver, the receiver activates the one or more alert lights on the at least one warning sign. The one or more alert lights is visible to a driver traveling along the roadway, so that the driver is alerted to the presence of the school bus when the one or more alert lights is activated. The activation switch is connected to or part of a warning light switch used to activate warning devices located on the school bus to notify drivers along the roadway that the school bus is stopping or is stopped. Activation of the warning light switch results in activation of the activation switch to cause the transmitter to send the signal.
In regards to claims 1 and 7, taken either individually or in combination with other prior art, Hahn fails to teach or render obvious a school bus remote sign safety system comprising an activation switch located on a school bus, a transmitter located on the school bus communicatively coupled to the activation switch and capable of transmitting a signal, and at least one warning sign positioned alongside a roadway within a stopped bus warning zone. The at least one warning sign has one or more alert lights. The system further comprising a receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the signal from the transmitter. The receiver being in communication with the at least one warning sign. Activation of the activation switch causes the transmitter to transmit the signal to the receiver. When the signal is received by the receiver, the receiver activates the one or more alert lights on the at least one warning sign. The one or more alert lights is visible to a driver traveling along the roadway, so that the driver is alerted to the presence of the school bus when the one or more alert lights is activated. The activation switch is connected to or part of a brake light system used to activate brake lights located on the school bus to notify drivers along the roadway that the school bus is stopping or is stopped. Activation of the brake light system results in activation of the activation switch to cause the transmitter to send the signal.
In regards to claims 1 and 10, taken either individually or in combination with other prior art, Hahn fails to teach or render obvious a school bus remote sign safety system comprising an activation switch located on a school bus, a transmitter located on the school bus communicatively coupled to the activation switch and capable of transmitting a signal, and at least one warning sign positioned alongside a roadway within a stopped bus warning zone. The at least one warning sign has one or more alert lights. The system further comprising a receiver located along the roadway within or proximate to the stopped bus warning zone for receiving the signal from the transmitter. The receiver being in communication with the at least one warning sign. Activation of the activation switch causes the transmitter to transmit the signal to the receiver. When the signal is received by the receiver, the receiver activates the one or more alert lights on the at least one warning sign. The one or more alert lights is visible to a driver traveling along the roadway, so that the driver is alerted to the presence of the school bus when the one or more alert lights is activated. The stopped bus warning zone is a zone along the roadway with a length of 2,640 feet or less from either side of a designated bus stop located alongside the roadway. The at least one warning sign comprises a first warning sign and a second warning sign. The first warning sign is located alongside the roadway and positioned so that drivers approaching the school bus from an opposite direction of travel of the school bus are alerted to the presence of the school bus when the one or more alert lights of the first warning sign is activated. The second warning sign is located alongside the roadway and positioned so that drivers approaching the school bus from the same direction of travel of the school bus are alerted to the presence of the school bus when the one or more alert lights of the second warning sign is activated. The activation switch is connected to or part of a warning light switch used to activate warning devices located on the school bus to notify drivers along the roadway that the school bus is stopping or is stopped. Activation of the warning light switch results in activation of the activation switch to cause the transmitter to send the signal.
Claim 11 is indicated as allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: The reasons for indicating allowable subject matter over the prior art of record are based on the limitations of claim 11 that incorporate the limitations of claim 6 (see above indication of allowable subject matter). The closest prior art of record is Hahn Patent Number 6,222,462 B1, Hahn discloses a method and apparatus for warning drivers as to the presence of a concealed hazard. A first step involves providing a sign capable of changing from an inactive mode to a warning mode upon receiving a signal. A second step involves providing a transmitter compatible with the signs receiver. A third step involves positioning the sign at a location along a highway that is visible a sufficient distance from the concealed hazard to provide warning to drivers of approaching vehicles. Where the concealed hazard is a concealed school bus stopping location, it is preferred that the transmitter be positioned in a school bus so as to enable a driver of the school bus to remotely change the sign from the inactive mode to the warning mode as the school bus approaches the concealed stopping location.
In regards to claim 11, taken either individually or in combination with other prior art, Hahn fails to teach or render obvious a school bus remote sign safety system comprising a school bus lighting subsystem comprising one or more bus alert lights and a bus light activation switch that selectively activates the bus alert lights, at least one warning sign positioned alongside a road within a warning distance of a designated bus stop and comprising at least one sign alert light, and a signal transmitter associated with the bus light activation switch of the bus lighting subsystem system. When the bus alert lights are activated, an activation signal is transmitted by the signal transmitter. The at least one warning sign has a receiver for receiving the activation signal. The at least one sign alert light is activated in response to the activation signal.
Claims 12 thru 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Related Art
The examiner points to Wilson Patent Number 6,094,149 as related art, but not relied upon for any rejection. Wilson is direct to a school bus alert system having a set of roadway signs having alarm units directly or indirectly responsive to the messages emitted by the school bus emitter. The roadway signs are provided along the roadway approaches to a given bus stop. Upon activation by the messages from the school bus, the alarm units go active and give off an obvious sensible warning that is reasonably interpretable by motorists or drivers that (i) they--the motorists or drivers--are approaching the given bus stop and (ii) there concurrently is a school bus stopped or servicing passengers at the bus stop. (abstract) Also see Figures 1 and 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALE W HILGENDORF whose telephone number is (571)272-9635. The examiner can normally be reached Monday - Friday 9-5:30.
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