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 .
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 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.
DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: "120" in ¶ [0035] . 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
Claim(s) 1 & 9 (line 3, respectively), “a pocket”;
Claim(s) 8 (lines 1-2), “wherein the pocket is positioned on an exterior of the body”;
Claim(s) 13 (line 2), “a spring loaded roller”.
No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim(s) 6 & 18 is/are objected to because of the following informalities:
There is insufficient antecedent basis for the following limitation(s) in Claim 6, so line 1 should read, “a marker”;
Claim 18, in line 1, should read “[an] a body-worn”;
Claim 18, in line 3, should read “ [a] the body-worn”.
Appropriate correction is required.
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.
Claim(s) 1-9 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birkin (US 8127707 B2, see reference in its entirety).
With respect to independent Claim 1, Birkin disclose(s): A body-worn water sports safety flag device (Fig. 1), comprising:
a hollow body (Fig. 3: 30);
a flag (Fig. 1: 2) positioned within a pocket of the hollow body (Fig. 3); and
a whistle positioned on the hollow body (col. 5, lines 41-43).
Regarding Claim 2, Birkin disclose(s) the device of Claim 1.
Birkin further disclose(s): wherein the hollow body is reflective (col. 4, line 64 through col. 5, line 1).
Regarding Claim 3, Birkin disclose(s) the device of Claim 1.
Birkin further disclose(s): wherein the flag is reflective (col. 4, line 64 through col. 5, line 1).
Regarding Claim 4, Birkin disclose(s) the device of Claim 3.
Birkin further disclose(s): comprised of a marker (Fig. 1: 15).
Regarding Claim 5, Birkin disclose(s) the device of Claim 1.
Birkin further disclose(s): wherein the marker is comprised of a letter, a number, a symbol, a color, or an indicia (col. 4, lines 64-67).
Regarding Claim 6, Birkin disclose(s) the device of Claim 1.
Birkin further disclose(s): wherein the marker is reflective (col. 4, line 64 through col. 5, line 1).
Regarding Claim 7, Birkin disclose(s) the device of Claim 1.
Birkin further disclose(s): wherein the body is comprised of flexible plastic (col. 5, lines 4-6).
Regarding Claim 8, Birkin disclose(s) the device of Claim 7.
Birkin further disclose(s): wherein the pocket is positioned on an exterior of the body (Fig. 3).
With respect to independent Claim 9, Birkin disclose(s): A body-worn water sports safety flag device (Fig. 1), comprising:
a hollow body (Fig. 3: 30) comprised of an opening (Fig. 3: 35);
a flag (Fig. 1: 2) positioned within a pocket positioned within the hollow body (Fig. 3); and
a whistle positioned on the hollow body (col. 5, lines 41-43).
Regarding Claim 17, Birkin disclose(s) the device of Claim 9.
Birkin further disclose(s): wherein the hollow body is comprised of a flag opening (Fig. 3: 35).
With respect to independent Claim 18, Birkin disclose(s): A method of using an body-worn water sports safety flag device (Fig. 1 and col. 4, lines 18-35), the method comprising the following steps:
providing a body-worn water sports safety flag device (Fig. 2) comprised of a body (Fig. 2: 30), a flag (Fig. 1: 2) and a whistle (col. 5, lines 41-43);
attaching the body around an extremity (Fig. 2);
pulling the flag out of the body after falling into a body of water (Fig. 1);
waving the extremity of the flag extend from the body (Fig. 1);
and blowing into the whistle (col. 5, lines 41-43).
Regarding Claim 19, Birkin disclose(s) the method of Claim 18.
Birkin further disclose(s): retracting the flag back into the body (col. 2, line 67 through col. 3, line 1).
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.
Claim(s) 10-11 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Birkin in view of Vanova (US 7520074 B1, see reference in its entirety).
Regarding Claim(s) 10, Birkin disclose(s) the device of Claim 9.
Birkin does not specifically disclose: wherein the hollowed body is comprised of a fastener.
However, Vanova teach(es) a device (Fig. 1A) including wherein the hollowed body is comprised of a fastener (col. 4, lines 58-62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide device of Birkin, with the teachings of Vanova, for the purpose of providing the capability of opening and closing (col. 4, lines 58-62).
Regarding Claim(s) 11, Birkin and Vanova disclose(s) the device of Claim 10.
The combination does not specifically disclose: wherein the fastener is comprised of a strap, a hook and loop fastener, an elastic band, or a hook and eyelet fastener.
However, Vanova further teach(es): wherein the fastener is comprised of a strap, a hook and loop fastener, an elastic band, or a hook and eyelet fastener (col. 4, lines 58-62).
Motivation to combine is the same as Claim 10.
Regarding Claim(s) 15, Birkin disclose(s) the device of Claim 9.
Birkin does not specifically disclose: further comprised of a button.
However, Vanova teach(es) a device (Fig. 1A) including further comprised of a button (col. 4, lines 58-62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide device of Birkin, with the teachings of Vanova, for the purpose of providing the capability of opening and closing (col. 4, lines 58-62).
Regarding Claim(s) 16, Birkin and Vanova disclose(s) the device of Claim 15.
The combination does not specifically disclose: wherein the button locks the flag within the hollow body.
However, Vanova further teach(es): wherein the button locks the flag within the hollow body (col. 4, lines 58-62).
Motivation to combine is the same as Claim 15.
Claim(s) 12-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Birkin in view of Feldkamp et al. (US 5640922, see reference in its entirety).
Regarding Claim(s) 12, Birkin disclose(s) the device of Claim 9.
Birkin does not specifically disclose: further comprised of a roller positioned within the hollow body.
However, Feldkamp teach(es) a device (Fig. 2) including further comprised of a roller positioned within the hollow body (Fig. 2: 40).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide device of Birkin, with the teachings of Feldkamp, for the purpose of providing the capability of extension and retraction (col. 2, lines 31-41).
Regarding Claim(s) 13, Birkin and Feldkamp disclose(s) the device of Claim 12.
The combination does not specifically disclose: wherein the roller is comprised of a spring loaded roller.
However, Feldkamp further teach(es): wherein the roller is comprised of a spring loaded roller. (Fig. 2: 50).
Motivation to combine is the same as Claim 12.
Regarding Claim(s) 14, Birkin and Feldkamp disclose(s) the device of Claim 12.
The combination does not specifically disclose: wherein the flag attaches to the roller.
However, Feldkamp further teach(es): wherein the flag attaches to the roller (Fig. 2: flag attaches to the roller 40).
Motivation to combine is the same as Claim 12.
Regarding Claim(s) 20, Birkin disclose(s) the device of Claim 18.
Birkin does not specifically disclose: further comprised of a step of pressing a button to allow the flag to be pulled from the body.
However, Feldkamp teach(es) a device (Fig. 1A) including further comprised of a step of pressing a button (Fig. 2: 62) to allow the flag to be pulled from the body (Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide device of Birkin, with the teachings of Feldkamp, for the purpose of providing the ease of entering and exiting the body (col. 2, lines 51-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
The following reference(s) relate to flag device(s): Howard (US 4475476); Whyte (US 10045575 B2); Frink (US 6688253 B2); King et al. (US 9371118 B2); Lower (US 6749473 B1); Wheatley (US 8858285 B1); Markham (US 7574973 B2); Pitlyk (US 10046226 B2); Ciari (US 6505575 B1); Aine et al. (US 3095568).
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/TC/
26 December 2025
/KRISTINA M DEHERRERA/
Supervisory Patent Examiner, Art Unit 2855