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 § 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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application
Publication No. 2018/0017241 hereafter referred to as 'Grider '241' in view of (U.S. Patent No.
6,457,841, hereafter referred to as 'Lynch '841' OR U.S. Patent No. 4,654,764, hereafter referred to as 'Hsiao ‘764'.
Regarding claim 1, Grider '241 discloses a headlamp comprising: a strap 710; a bracket (110,
140, 730, 740, 760) coupled to the strap (figures 7A-7B), the bracket including: a base (740, 760) having
a bottom end including a plurality of teeth 770 (figure 7E), and a cradle 140 coupled to the base for
rotation relative to the base about a pivot axis (fig. 7E and para. # 73), the cradle is configured to engage
at least one of the plurality of teeth 770 to retain the cradle 140 in a desired orientation (fig. 7E, para. #
73), and a lighting assembly (LEDs 330 in light pod housing 110 form a light assembly) coupled to the
cradle 140 and including a housing 110 enclosing a light source 330 for emitting light in a first direction
and a battery (390, 510, para. #'s 5-7, 50 and 59-62 and claims 6 and 13) for providing power to the light
source (para. #'s 5-7, 50 and 59-62 and claims 6 and 13).
However, Grider '241 fails to explicitly teach the specific details of the cradle and base multi-tooth and detent engagement assembly.
Lynch '841 teaches an adjustable lamp comprising a cradle 20 including a spring 69 (see col. 3, lines 40-53) and a detent (see figure 7, the detent is the rounded protrusion at the end of the spring 69, opposite the end where pin 71 is located, the detent engages teeth 58) configured to engage at least one of the plurality of teeth 58 to retain the cradle in a desired orientation (fig. 7, col. 3, lines 1-53), the spring 69 biasing the detent into engagement with the at least one of the plurality of teeth 58 (fig. 7E and col. 3, lines 1-53).
Hsiao ‘764 teaches an adjustable lamp comprising a cradle 30 including a spring 22 and a detent 221 configured to engage at least one of the plurality of teeth 42 to retain the cradle in a desired orientation (figures 2-3), the spring 22 biasing the detent 221 into engagement with the at least one of the plurality of teeth 42 (fig. 2 and col. 3, lines 27-36).
It would have been obvious to one skilled in the art before the effective filing date of applicant's
claimed invention to modify the cradle and base multi-tooth engagement assembly of Grider '241 so the
cradle includes a spring and a detent configured to engage at least one of the plurality of teeth to retain
the cradle in a desired orientation, the spring biasing the detent into engagement with the at least one
of the plurality of teeth as taught by (Lynch '841 or Hsiao ‘764) in order to effectively hold the cradle in a desired position.
Regarding claim 2, Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the plurality of teeth at least partially surrounds the pivot axis (see fig. 7E of Grider '241, fig. 7 of Lynch '841 and fig. 2 of Hsiao ‘764).
Regarding claim 3, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the detent engages the at least one of the plurality of teeth along an axis substantially parallel to the first direction (see fig. 7E of Grider '241, fig. 7 of Lynch '841 and fig. 2 of Hsiao ‘764).
Regarding claim 4, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the lighting assembly is removably coupled to the cradle (see Grider ‘241 claims 1-2 and 8-9).
Regarding claim 5, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 4. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches a magnetic attachment interface configured to removably couple the lighting assembly within the cradle (see claims 1-2 and 8-9, magnets on light assembly and magnets on cradle 140, hold the cradle and light assembly in place), the magnetic attachment interface including a first magnetic element fixed to the cradle, and a second magnetic element fixed to the housing (see claims 1-2 and 8-9, magnets on light assembly housing 110 and magnets on cradle 140, hold the cradle and housing in place).
Regarding claim 6, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 5. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the cradle 140 includes an upper retaining wall, a center retaining wall, and a lower retaining wall, wherein the upper retaining wall and the lower retaining wall extend from the center retaining wall at oblique angles (see Grider ‘241 figures 7A-7B and 7E).
Regarding claim 7, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 6. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the detent is positioned below the lower retaining wall (see fig. 7E of Grider '241, fig. 7 of Lynch '841 and fig. 2 of Hsiao ‘764).
Regarding claim 8, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 5. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the housing includes a rear housing portion having an upper wall, a center wall, and a lower wall, and wherein the upper wall and the lower wall extend from the center wall at oblique angles (see Grider ‘241 figures 7A-7B and 7E).
Regarding claim 9, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein upon application of a pivoting force on the cradle, the detent overcomes the force of the spring to disengage from the at least one of the plurality of teeth and the spring biases the detent into engagement with another of the plurality of teeth to change the desired orientation (see fig. 7 and col. 3, lines 1-53 of "Lynch '841'and fig. 2, col. 2 of Hsiao ‘764).).
Regarding claim 10, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 9. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the engagement of the detent 69 with the at least another of the plurality of teeth 58 creates a tactile feedback (see fig. 7 and col. 3, lines 1-53 of 'Lynch '841' and fig. 2, col. 2 of Hsiao ‘764).
Regarding claim 11, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the engagement of the detent with the at least another of the plurality of teeth creates an auditory feedback (see fig. 7 and col. 3, lines 1-53 of 'Lynch '841' and fig. 2 and col. 2.of Hsiao ‘764).
Regarding claim 12, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the detent is linearly slidable within the housing to engage the at least one of the plurality of teeth (see fig. 7 and col. 3, lines 1-53 of 'Lynch '841' and fig. 2 and col. 2. of Hsiao ‘764).
Regarding claim 13, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the detent is positioned at a bottom of the cradle (see fig. 7E of Grider '241 see fig. 7 and col. 3, lines 1-53 of Lynch '841).
Regarding claim 14, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the base is configured to couple to the strap and the cradle is pivotable with respect to the strap (para. # 73 and figures 7A-7E of Grider '241).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grider ‘241 in view of (Lynch '841 or Hsiao ‘764). Regarding claim 15, Grider ‘241 teaches a headlamp (figures 1-12) comprising: a strap 710; a bracket (110, 140, 730, 740, 760) including a base (740, 760) coupled to the strap (figures 7A-7B), the base having a plurality of teeth 770 (fig. 7E, para. # 73), and a cradle 140 coupled to the base (figures 7B and 7E) for rotation relative to the base about a pivot axis (fig. 7E), the cradle 140 configured to engage at least one of the plurality of teeth 770 to retain the cradle 140 in a desired orientation fig. 7E, para. #73); and a lighting assembly (LEDs 330 in light pod housing 110 form a light assembly) removably coupled to the cradle (see claims 1-2 and 8-9) and including a housing 110 enclosing a light source 330 and a battery (390, 510, para. #'s 5-7, 50 and 59-62 and claims 6 and 13) for providing power to the light source (see para. #'s 5-7, 50 and 59-62).
However, Grider '241 fails to explicitly teach the cradle is configured to engage at least one of the plurality of teeth to retain the cradle in a desired orientation and wherein the detent is linearly slidable to engage the at least one of the plurality of teeth.
Lynch '841 teaches an adjustable lamp comprising a cradle 20 including a spring 69 (see col. 3, lines 40-53) and a detent (see figure 7, the detent is the rounded protrusion at the end of the spring 69, opposite the end where pin 71 is located, the detent engages teeth 58) configured to engage at least one of the plurality of teeth 58 to retain the cradle in a desired orientation, the spring 69 biasing the detent into engagement with the at least one of the plurality of teeth 58 (fig. 7 and col. 3, lines 1-53). With each incremental rotation, the detent is linearly slidable to engage the at least one of the plurality of teeth 58 (fig. 7 and col. 3, lines 1-53).
Hsiao ‘764 teaches an adjustable lamp comprising a cradle 30 including a spring 22 and a detent 221 configured to engage at least one of the plurality of teeth 42 to retain the cradle in a desired orientation (figures 2-3), the spring 22 biasing the detent 221 into engagement with the at least one of the plurality of teeth 42 (fig. 2 and col. 3, lines 27-36). With each incremental rotation, the detent is linearly slidable to engage the at least one of the plurality of teeth (fig. 2 and col. 2, lines 27-36).
It would have been obvious to one skilled in the art before the effective filing date of applicant's claimed invention to modify the cradle and base multi-tooth engagement assembly of Grider '241 so that the cradle is configured to engage at least one of the plurality of teeth to retain the cradle in a desired orientation and the detent is linearly slidable to engage the at least one of the plurality of teeth as taught by (Lynch '841 or Hsiao ‘764) in order to effectively hold the cradle in a desired position.
Regarding claim 16, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 15. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the lighting assembly is removably coupled to the cradle by a magnetic attractive force (see Grider ‘241 claims 1-2 and 8-9, magnets hold light assembly to cradle 140).
Regarding claim 17, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 16. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches the light assembly is removable from the bracket by grasping the housing 110 and applying sufficient force to overcome the magnetic attractive force (see Grider ‘241 claims 1-2 and 8-9).
Regarding claim 18, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 15. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the plurality of teeth are located at a bottom of the base and partially surround the pivot axis (see fig. 7E of Grider '241, fig. 7 of Lynch '841 and fig. 2 of Hsiao ‘764).
Regarding claim 19, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 1. Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) further teaches wherein the detent is biased into engagement with the teeth by a biasing member (col. 3, lines 1-53 of Lynch '841 and col. 2. of Hsiao ‘764).
Regarding claim 20, modified Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) teaches the headlamp of claim 19. However, Grider ‘241 in view of (Lynch '841 or Hsiao ‘764) fails to explicitly teach that the biasing member is a coil spring.
It would have been obvious to one skilled in the art before the effective filing date of applicant's
claimed invention to substitute a coiled spring for the biasing member of Lynch '841 since such a
modification would have merely been an obvious engineering design choice yielding the predictable
results of using different types of biasing members for positioning the detent in one of the plurality of
teeth.
Response to Arguments
Applicant's arguments filed 12/09/25 have been fully considered but they are not persuasive.
The applicant correctly argues that the pin 71 of Lynch ‘841 is not a spring, but a pin around which detent 69 pivots.
However, the examiner has modified the 103 rejection of Lynch ‘841 so that Lynch '841 teaches an adjustable lamp comprising a cradle 20 which includes a spring 69 (see col. 3, lines 40-53) and a detent (see figure 7, the detent is the rounded protrusion at the end of the spring 69, opposite the end where pin 71 is located, the detent engages teeth 58) configured to engage at least one of the plurality of teeth 58 to retain the cradle in a desired orientation.
Applicant further argues that Lynch ‘841 does not teach a separate spring that biasing the detent is not found persuasive because the spring and detent are not claimed as separate components and even if they were made as separate components, it would merely have been an obvious engineering design choice to make the spring and detent one piece or as separate pieces combined together. Regarding independent claim 15, applicant’s argument that Grider ‘241 and Lynch ‘841 fail to teach "the cradle including a detent configured to engage at least one of the plurality of teeth to retain the cradle in a desired orientation; wherein the detent is linearly slideable to engage the at least one of the plurality of teeth” is not found persuasive based on the teaches of Lynch ‘841 and Hsiao ‘764.
Thus, It would have been obvious to one skilled in the art before the effective filing date of applicant's claimed invention to modify the cradle and base multi-tooth engagement assembly of Grider '241 so that the cradle is configured to engage at least one of the plurality of teeth to retain the cradle in a desired orientation and the detent is linearly slidable to engage the at least one of the plurality of teeth as taught by (Lynch '841 or Hsiao ‘764) in order to effectively hold the cradle in a desired position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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/THOMAS M SEMBER/ Primary Examiner, Art Unit 2875