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 Group 2 in the reply filed on 2/25/2026 is acknowledged.
Allowable Subject Matter
The indicated allowability of claims 9-10 is withdrawn in view of the newly discovered reference(s) to KR 20130006104 U to Moon, Dong-hoon. Rejections based on the newly cited reference(s) follow.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20130006104 U to Moon, Dong-hoon.
Regarding claim 1, Moon teaches a target for survey comprising: an attachment base (coupling portion 20) adapted to be attached to a part of a building; a warning indicator (target body 30 of target sphere 50) connected to said attachment base (20) so that said warning indicator (30) is visible; and a set up unit (optical wave measuring device 60), said setup unit (60) including a base and a light, said base (60) adapted to be positioned near a hazard and said light adapted to shine upward for positioning of said attachment base of said midair warning device. Moon teaches “the optical wave detector 60 emits light toward each target sphere 50”. The examiner emphasize the building and man lift operator are not part of the claimed invention. The limitations to the building and man lift operator are considered to be intended use.
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Regarding claim 2, Moon teaches said attachment base (20) is adapted to be attached to a part of the building above the eye level of the man lift operator.
Allowable Subject Matter
Claims 3, 5-8 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.
Conclusion
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631
