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
Applicant’s election without traverse of Species XVI (Claims 1-8, 12, 15, 33-38) in the reply filed on January 30, 2026 is acknowledged.
Claims 39-44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 in the reply filed on January 30, 2026.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 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 1-7 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnuckle et al. (U.S. Patent 7,261,455 B2).
With regards to Claim 1, Schnuckle discloses an article with randomized motion [Figures 1-22], including:
A housing [(302, 304, 306, 320) or (302, 304, 306, 320, 322)];
A motion generator (316) capable of generating a magnetic field, a container (318) defining a boundary, and an object (330) movably responsive to the magnetic field, wherein the object is urged by the magnetic field to move through a space within the boundary [note Figures 7-22];
An article apparatus (324) coupled to the housing and including a response body (326) that is movable by interacting with the one or more of the object and the magnetic field, wherein the response body transfers motion to the article so that the article is movable with a plurality of degrees of freedom [Column 5, Line 32 – Column 6, Line 11]; and
A light source (308) coupled to the housing and arranged to emit light in a beam that is intersectable with the article.
With regards to Claim 2, Schnuckle discloses the container (318) including a non-planar surface that defines the boundary, wherein the object (330) is responsive to the magnetic field by moving along the surface in an ever-changing pattern [note Figure 7].
With regards to Claim 3, Schnuckle discloses the object (330) including a rounded outer surface and moves by rolling along the non-planar container surface [note Figure 7].
With regards to Claim 4, Schnuckle discloses the body (326) being spaced apart from the object (330), and the response body is magnetically responsive to at least one of the object and the magnetic field.
With regards to Claim 5, Schnuckle discloses the article apparatus (324) including a pivot plate [403 // (20)] supportable by the housing (320, 322), and a coupling element (400, 401) extending through an aperture in the pivot plate.
With regards to Claim 6, Schnuckle discloses the article apparatus (324) including a pivot body (328) connected to the coupling element (400, 401) and the article (324), the pivot body being supportable by the pivot plate (403) to pivot with a plurality of degrees of freedom [note Figure 7].
With regards to Claim 7, Schnuckle discloses the coupling element (400, 401) being limited in travel through the aperture by the pivot body (328) and the response body (326) [note Figure 7 – as broadly interpreted].
With regards to Claim 15, Schnuckle discloses the motion generator and the light source are disposed within the housing (302, 304, 306, 320, 322).
Claims 33-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (U.S. Patent 9,133,992 B2).
With regards to Claim 33, Lee discloses an apparatus for generating randomized motion [Figures 1-6], including:
An electromagnetic coil (36) for generating a magnetic field;
An object (10, 12, 14, 16, 18-19) that is magnetically responsive to the magnetic field;
A container (1, 6, 20) having a surface [e.g., (24)] and a boundary that confines movement of the object along the surface, wherein the magnetic response of the object to the magnetic field includes movement along the surface, and wherein the surface is configured to convey the movement of the object in multiple degrees of freedom [note Figures 1-4].
With regards to Claim 34, Lee discloses the surface defines a rest position for the object at which the object is restable in the absence of the magnetic field [note Figure 1].
With regards to Claim 35, Lee discloses the electromagnetic coil (36) includes a polar axis that is offset from the rest position [note Figure 1].
With regards to Claim 36, Lee discloses wherein the surface (24) is non-planar within the boundary [note Figure 1].
With regards to Claim 37, Lee discloses an article (12) that is magnetically responsive to one or more of the object and the magnetic field [via (19)].
With regards to Claim 38, Lee discloses the article (12) is secured to a housing [e.g., (22)] in an arrangement that permits a plurality of degrees of freedom of movement [note Figures 1-6].
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 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schnuckle et al. (U.S. Patent 7,261,455 B2).
With regards to Claim 8, Schnuckle discloses the claimed invention as cited above, but does not specifically teach a concave reflective surface for reflecting incident light from the light source to a focal point, wherein the article is disposed between the light source and the focal point.
However, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to have modified the article to have incorporated the well-known and established concave reflective surface (e.g., parabolic) for reflecting incident light from the light source to a focal point, wherein the article is disposed between the light source and the focal point. Such an obvious modification allows for an illumination distribution as desired with respect to the concave reflective surface relative to the light source and the focal point.
With regards to Claim 12, Schnuckle discloses a filter (404) for adjusting a wavelength spectrum of light emitted from the light source.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, but is not considered exhaustive: U.S. Patent 9,719,643 B1 to Cheng that discloses a magnetic flame-flicker apparatus [note Figures 1-6].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON M HAN whose telephone number is (571)272-2207. The examiner can normally be reached 9AM-5PM EST M-F.
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Monday, March 2, 2026
/Jason M Han/Primary Examiner, Art Unit 2875