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 .
Abstract
The abstract of the disclosure is objected to because:
Phrases which can be implied, such as “Disclosed herein is” (see line 1) should not be present therein.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification
The disclosure is objected to because of the following informalities:
On page 18, line 27, “motion sensor 100” should be “motion sensor 110”; and
On page 18, the last line. “lens component 195” should be “lens component 105”.
Appropriate correction is required.
Claim Objections
Claims 10, 17 and 18 are objected to because of the following informalities:
In regard to claim 10, on the last line, it appears “the rest” should be “a remainder” (or similar language) since there is no antecedent basis for “the rest of an outer surface”.
In regard to claim 17, on line 2, “conduction arrangements” should be “transfer portions” since it is the heat transfer portions 100 that are disclosed as being in the housing of the emissions unit (see, for example, page 18, line 14) and not the heat conduction arrangements 95.
In regard to claim 18, similarly, on line 2, “conduction arrangements” should be “transfer portions”.
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.
Claims 12 and 14-19 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.
In regard to claim 12, an antecedent basis for “at least one second cavity” (see lines 1-2) has not been defined. It appears claim 12 should depend from claim 5 (as opposed to claim 1) since claim 5 first defines the “at least one second cavity” and the claim will be examined as such.
Further in regard to claim 12, the term “generally” (see line 3) renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In regard to claim 14, an antecedent basis for “the outlet” (see line 7) has not been defined. It is noted that “an outlet” of the emissions unit is defined on line 10, however, it is unclear as to whether or not the “the outlet” recited on line 7 is referring to this outlet or some other outlet.
In regard to claim 19, an antecedent basis for “the emission module” (see line 2) has not been defined. It appears “module” should be “unit” (see claim 14, line 4).
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 1-4, 7, 8, 13-15, 19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2015 232864 A (as cited by the Applicant, hereinafter ‘864).
In regard to claim 1, the ‘864 reference discloses a visibility impairing security device for providing air-suspended light-obscuring matter, the device comprising:
a body 114, 117 (see Figure 2) for holding an emission unit 122, 126, 133, 136, etc. wherein the emission unit has an outlet 123 for emitting the matter, the body comprising:
a first opening 116a for passing therethrough the matter from the outlet; and
a second opening 116b to enable the passage of the matter therethrough, at least in an event that the first opening is closed, (i.e., should the first opening be closed for some reason, the matter will pass through the second opening);
wherein the first opening is configured to emit the light-obscuring matter downwardly (i.e., depending on the orientation of the device, the first opening will emit the matter downwardly).
In regard to claim 2, the first opening 116a is located proximal to a first end of the body and the second opening (the opening 116b located to the left of the centerline in Figure 2) is located “proximal” a second end of the body that is opposite the first end.
In regard to claim 3, depending on the orientation of the device, the first opening is located at a bottom of the device and the second opening (the opening 116b located to the left of the centerline in Figure 2) is located in a top half of the device.
In regard to claim 4, the second opening is configured to emit the matter at least partially from a rear of the device.
In regard to claim 7, the ‘864 device includes a cover (in the form of seal tape, see paragraph 0033) for selectively closing the first opening wherein the cover is configured to be operable between a closed configuration in which the cover closes the first opening and an open configuration in which the first opening is mostly or fully uncovered.
In regard to claim 8, the body comprises a main body portion 112 and a “mounting member” 113 wherein the main body portion at least partially defines a chamber for holding the emission unit therein and the mounting member is “configured for mounting the body to a surface wherein the mounting member is connected to the main body portion.
In regard to claim 13, the device is configured such that emission of the matter is preferentially via the first opening in comparison with the second opening (i.e., the matter is released via the first opening first, see paragraph 0040).
In regard to claim 14, as discussed above, the ‘864 reference discloses an emission unit and a body having first and second openings as claimed wherein the emission unit has an outlet 123 for emitting the matter and is located within the body.
In regard to claim 15, the emission unit is configured to generate the matter upon delivery of energy and contains chemicals that react to generate the matter upon delivery of the energy (see paragraph 0021 and 0022).
In regard to claim 19, the method of inserting the emission module/unit into the body is inherent in the assembly of the device.
In regard to claim 21, the second opening is located in the top half of the device.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over ‘864.
In regard to claim 11, although the second opening is sealed with tape to protect it from moisture and not “permanently open” as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made a user can so choose not to protect the device from moisture should they fell exposure to moisture is not an issue. Accordingly, the second opening could obviously be “permanently open” should a user so wish do design the device.
Allowable Subject Matter
Claims 12 and 16-18 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action (as well as any objections noted above) and to include all of the limitations of the base claim and any intervening claims.
Claims 5, 6, 9 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 and upon any above noted objections being overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Echevrria, Meron et al. and Burayez references are cited as being directed to the state of the art as teachings of other visibility-impairing security device which will emit an air-suspended light-obscuring matter upon detection of an outside source.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
9/18/25
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754