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 .
Election/Restrictions
Claims 7, 11-15, and 29 have withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse during the telephone interview on July 8, 2025.
Specification
The disclosure is objected to because of the following informalities: connector member 110 and manipulatable member 114 are both used to designate the same elongated strap, a belt, or a rope.
Appropriate correction is required.
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.
Claim 17 contains the trademark/trade name VELCRO®. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe hook and loop fastener and, accordingly, the identification/description is indefinite.
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, 3-6, 9, 10 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7011427 to Baez.
Regarding claim 1, Baez teaches a safety light tube comprising a connector member (hollow, elongated tube member 30) that includes a first end (32) and a second end (34) that is releasably connectable to the first end (32) for forming a continuous loop from at least a portion of the connector member (clip hooks 40 and 54 are connectable to one another to form continuous loop), at least part of the connector member being manipulatable between a stowage configuration where the connector member has a first length (when clip hooks 40 and 54 are connected together), and a use configuration where the connector member has a second length that is greater than the first length (figures 1, 7 and 10); a releasable securing element (strap 44 and 58) that is connected to the connector member (30) at a location spaced apart from the first end (32) and a second end (34) for securing the at least part of the connector member (30) in the stowage configuration independent of the connection between the first and second ends (32 and 34); and an indicator light (light string 70) that is connected to the connector member (30).
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Regarding claim 3, Baez teaches the connector member (30) includes at least one connector element (clip hooks 40 and 54) and a manipulatable member (length of tube 30), wherein the at least part of the connector member (30) that is manipulatable between the stowage and use configurations is the manipulatable member (length of tube 30).
Regarding claim 4, Baez teaches the manipulatable member (30) is composed of a length of a manipulatable material that is formed as one of a strap, a belt, or a rope.
Regarding claim 5, Baez teaches the at least one connector element (clip hooks 40 and 54) included on the first and second ends (32 and 34) of the connector member (30) such that the portion of the connector member that forms the continuous loop is defined on the at least one connector element (clip hooks 40 and 54 ).
Regarding claim 6, Baez teaches the at least one connector element (40) is sized such that when the first and second ends (32 and 34) of the connector member (40) on the at least one connector element (clip hooks 40 and 54) are connected to form the continuous loop, the continuous loop of the at least one connector element will fit around a rung of the ladder.
Regarding claim 9, Baez teaches the first and second ends (32 and 34) of the connector member (40) are defined on opposing ends of the manipulatable member; and wherein the at least one connector element (clip hooks 40 and 54) is connected to at least one of the opposing ends (32 and 34) of the manipulatable member for releasably connecting opposing ends of the manipulatable member when forming the continuous loop of the connector member.
Regarding claim 10, Baez teaches the at least one connector element (clip hooks 40 and 54) is a single connecter element (40) that is mounted to a first end (32) of the manipulatable member (30) of the connecter member and that is structured to releasably connect to a portion of the manipulatable member that is spaced apart from the first end of the manipulatable member for forming the continuous loop of the connector member from at least part of the manipulatable member.
Regarding claim 17, Baez teaches the releasable securing element is a Velcro® securing flap (first hook-and-loop portion end 46 and a second hook-and-loop portion end 48) and the securing part is a length of Velcro® (first hook-and-loop portion end 46 and a second hook-and-loop portion end 48).
Allowable Subject Matter
Claims 2, 8, 16 and 18 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.
Regarding claim 2, the prior art of record does not teach or suggest an indicator apparatus that is used for indicating an egress point of a building in combination with the other limitations of the claim comprising the connector member 110 includes a securing part 140 that positioned along the length of the connector member, away from the releasable securing element 120; and wherein the releasable securing element is releasably connectable to the securing part 140 for securing the part of the connector member in the stowage configuration.
Regarding claim 8, the prior art of record does not teach or suggest an indicator apparatus that is used for indicating an egress point of a building in combination with the other limitations of the claim comprising a cinchable loop that is attached to one of the connector member and the releasable securing element, wherein the cinchable loop is sized to be fit over and secured around a doorknob and/or a doorhandle of the building.
Regarding claim 16, the prior art of record does not teach or suggest an indicator apparatus that is used for indicating an egress point of a building in combination with the other limitations of the claim comprising a rigid looped member that is attached to the connector member, wherein the indicator light is connected to the connector member loop via the rigid looped member.
Regarding claim 10, the prior art of record does not teach or suggest an indicator apparatus that is used for indicating an egress point of a building in combination with the other limitations of the claim comprising the indicator light is detachable from the connector member.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-6, 9, 10 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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