DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status
2. In response to the amendments filed 01/05/2026, claims 1 and 6-8 were amended and no claims were canceled and/or added. Therefore, claims 1-18 are currently pending for examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
Claim Rejections - 35 USC § 103
3. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Scott (US 2019/0071002) in view of Kerlin et al. (Kerlin; US 2024/0025334).
For claim 1, Scott discloses a vehicle brake light device for progressively displaying a degree to which a brake pedal in a vehicle is being depressed thereby facilitating a driver in a following vehicle to interpret the degree to which the vehicle is braking [E.g. 0011: method of using the dynamic brake light system for the vehicle having a brake pedal, a communication module, and a speedometer is also disclosed herein. The method of using the dynamic brake light system may comprise the steps of: step one, providing the dynamic brake light system including a variable brake light display may have a plurality of intensity settings, a deceleration determination unit configured to monitor and determine varying degrees of deceleration of the vehicle, and a controller electronically coupled to the vehicle and to the variable brake light display, and communicably coupled to the deceleration determination unit, the controller configured to operate the variable brake light display in the plurality of intensity settings, and responsive to a predetermined change in deceleration of the vehicle, as communicated via the deceleration determination unit; step two, installing the variable brake light display to a back of the vehicle; step three, measuring a deceleration value via the deceleration measurement unit when the vehicle may be braking; and step four, visually-indicating a deceleration range of the vehicle via the variable brake light display, 0023: a motorist may apply a light amount of pressure to illuminate the center portion of the elongated brake light. As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light, and may even pulsate if the measurement exceeds a maximum deceleration reading. Other motorists on the roadway may then be able to identify how much pressure is being applied to the brake depending on how much of the elongated brake light is illuminated], said device comprising:
a brake light being mounted to a rear end of a vehicle [Fig. 1; 0011, 0023], said brake light being in communication with a braking system of said vehicle [E.g. 0023: As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light], said brake light being turned on when said braking system is engaged wherein said brake light is configured to emit light outwardly from said rear end of said vehicle thereby facilitating a driver of a following vehicle to be alerted that said vehicle is braking [E.g. 0023: a motorist may apply a light amount of pressure to illuminate the center portion of the elongated brake light. As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light, and may even pulsate if the measurement exceeds a maximum deceleration reading. Other motorists on the roadway may then be able to identify how much pressure is being applied to the brake depending on how much of the elongated brake light is illuminated], said brake light being progressively illuminated along a length of said brake light in accordance with the degree to which said braking system is being engaged wherein said brake light is configured to facilitate the driver of the following vehicle to be alerted to the degree to which said vehicle is braking such that the driver of the following vehicle can avoid a rear end collision with said vehicle [E.g. 0023: a motorist may apply a light amount of pressure to illuminate the center portion of the elongated brake light. As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light, and may even pulsate if the measurement exceeds a maximum deceleration reading. Other motorists on the roadway may then be able to identify how much pressure is being applied to the brake depending on how much of the elongated brake light is illuminated], said brake light being laterally elongated such that said brake light extends across a majority of a width of said rear end of said vehicle wherein said brake light is configured to enhance the driver of the following vehicle’s ability to perceive said brake light [see Figs. 1 and 4A-4B].
Scott fails to expressly disclose said brake light including a pair of turn signal lights each being located on opposing ends of said brake light from each other, said brake light including a pair of reverse lights each being disposed on opposing ends of said brake light from each other, said brake light including a pair of emergency lights each being disposed on opposing ends of said brake light from each other.
However, as shown by Kerlin, it was well known in the art of vehicle brake lights to include brake light including a pair of turn signal lights each being located on opposing ends of said brake light from each other, said brake light including a pair of reverse lights each being disposed on opposing ends of said brake light from each other, said brake light including a pair of emergency lights each being disposed on opposing ends of said brake light from each other [E.g. 0056, 0051, Fig. 2].
It would have been obvious to one of ordinary skill in the art of vehicle brake lights before the effective filling date of the claimed invention modify Scott with the teaching of Kerlin in order to have the brake lights and the pair of turn signal lights, reverse lights and emergency lights as a single unit so that the light system is simplified, also it is merely combining prior art elements according to known methods to yield predictable results.
Furthermore, Scott in view of Kerlin fails to expressly disclose said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light.
Although Scott in view of Kerlin fails to expressly disclose said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light, Scott in view of Kerlin teaches said brake light extending along a rear end of a vehicle and the vehicle rear end includes turn signals [see the analysis above].
However, having said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
For claim 2, Scott discloses wherein: said brake light is elongated between a first end and a second end of said brake light such that each of said first end and said second end is located adjacent to a respective one of a driver’s side and a passenger's side of said vehicle [see Figs. 1 and 4A-4B]; said brake light is illuminated starting from a center of said brake light and progressing toward each of said first end and said second end of said brake light according to the degree to which said braking system is engaged such that said brake light is fully illuminated between said first end and said second end when said braking system is engaged to a maximum intensity [E.g. 0023: a motorist may apply a light amount of pressure to illuminate the center portion of the elongated brake light. As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light].
Scott in view of Kerlin fails to expressly disclose each of said first end and said second end is rounded to define a pair of lobes each extending downwardly from a bottom edge of said brake light; and each of said pair of lobes has an inwardly facing edge, said inwardly facing edge of each of said pair of lobes curving toward said inwardly facing edge of the opposite lobe and intersects said bottom edge.
Although Scott in view of Kerlin fails to expressly disclose each of said first end and said second end is rounded to define a pair of lobes each extending downwardly from a bottom edge of said brake light; and each of said pair of lobes has an inwardly facing edge, said inwardly facing edge of each of said pair of lobes curving toward said inwardly facing edge of the opposite lobe and intersects said bottom edge, Scott in view of Kerlin teaches each of said first end and said second end of the brake light have a certain shape [see Scott Figs. 1 and 4A-4B; and Kerlin Fig. 2].
However, having each of said first end and said second end is rounded to define a pair of lobes each extending downwardly from a bottom edge of said brake light; and each of said pair of lobes has an inwardly facing edge, said inwardly facing edge of each of said pair of lobes curving toward said inwardly facing edge of the opposite lobe and intersects said bottom edge fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include each of said first end and said second end is rounded to define a pair of lobes each extending downwardly from a bottom edge of said brake light; and each of said pair of lobes has an inwardly facing edge, said inwardly facing edge of each of said pair of lobes curving toward said inwardly facing edge of the opposite lobe and intersects said bottom edge in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
For claim 3, Although Scott in view of Kerlin fails to expressly disclose wherein: each of said pair of turn signal lights is positioned on a respective one of said pair of lobes; each of said pair of turn signal lights extends between a lower threshold of said brake light and a lower end of said respective lobe; and each of said pair of turn signal lights extends from a respective one of said first end and said second end of said brake light toward a center of said respective lobe, Scott in view of Kerlin teaches each of said pair of turn signal lights is positioned on a respective one of said pair of turn signal light housing [see Scott Figs. 1 and 4A-4B; and Kerlin Fig. 2].
However, having each of said pair of turn signal lights is positioned on a respective one of said pair of lobes; each of said pair of turn signal lights extends between a lower threshold of said brake light and a lower end of said respective lobe; and each of said pair of turn signal lights extends from a respective one of said first end and said second end of said brake light toward a center of said respective lobe fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include each of said pair of turn signal lights is positioned on a respective one of said pair of lobes; each of said pair of turn signal lights extends between a lower threshold of said brake light and a lower end of said respective lobe; and each of said pair of turn signal lights extends from a respective one of said first end and said second end of said brake light toward a center of said respective lobe in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
For claim 4, Although Scott in view of Kerlin fails to expressly disclose wherein: each of said pair of reverse lights is positioned on a respective one of said pair of lobes; each of said pair of reverse lights extends from said lower threshold of said brake light toward said lower end of said respective lobe; and each of said pair of reverse lights extends between a respective one of said pair of turn signal lights and said inwardly facing edge of said respective lobe, Scott in view of Kerlin teaches each of said pair of reverse lights is positioned on a respective one of said pair of reverse lights housing [see Scott Figs. 1 and 4A-4B; and Kerlin Fig. 2].
However, having each of said pair of reverse lights is positioned on a respective one of said pair of lobes; each of said pair of reverse lights extends from said lower threshold of said brake light toward said lower end of said respective lobe; and each of said pair of reverse lights extends between a respective one of said pair of turn signal lights and said inwardly facing edge of said respective lobe fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include each of said pair of reverse lights is positioned on a respective one of said pair of lobes; each of said pair of reverse lights extends from said lower threshold of said brake light toward said lower end of said respective lobe; and each of said pair of reverse lights extends between a respective one of said pair of turn signal lights and said inwardly facing edge of said respective lobe in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
For claim 5, Although Scott in view of Kerlin fails to expressly disclose wherein: each of said pair of emergency lights is positioned on a respective one of said pair of lobes; each of said pair of emergency lights extends between a respective one of said pair of reverse lights and said lower end of said respective lobe; and each of said pair of emergency lights extends between a respective one of said turn signal lights and said inwardly facing edge of said respective lobe, Scott in view of Kerlin teaches each of said pair of emergency lights is positioned on a respective one of said pair of emergency lights housing [see Scott Figs. 1 and 4A-4B; and Kerlin Fig. 2].
However, having each of said pair of emergency lights is positioned on a respective one of said pair of lobes; each of said pair of emergency lights extends between a respective one of said pair of reverse lights and said lower end of said respective lobe; and each of said pair of emergency lights extends between a respective one of said turn signal lights and said inwardly facing edge of said respective lobe fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include each of said pair of emergency lights is positioned on a respective one of said pair of lobes; each of said pair of emergency lights extends between a respective one of said pair of reverse lights and said lower end of said respective lobe; and each of said pair of emergency lights extends between a respective one of said turn signal lights and said inwardly facing edge of said respective lobe in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
For claim 6, Scott discloses wherein: said device includes a control box [E.g. 0028: controller 130] being positioned within said vehicle; said control box is in electrical communication with said braking system of said vehicle thereby facilitating said control box to determine the degree to which a brake pedal of said vehicle is depressed such that said control box actuates said brake light to be illuminated between said center of said brake light and each of said first end and said second end of said brake light according to the degree to which said brake pedal is depressed such that said brake light is fully illuminated between said first end and said second end when said brake pedal is fully depressed [E.g. 0028: the deceleration determination unit 120 may include a brake pedal sensor 410 configured to sense and communicate varying degrees of pressure applied to the brake pedal of the vehicle 10 to the controller 130; 0023: a motorist may apply a light amount of pressure to illuminate the center portion of the elongated brake light. As more pressure is applied, the LED light extends on both sides of the brake light system. If pressure is fully applied to the brake to stop the vehicle, the LEDs illuminate the entire elongated brake light, and may even pulsate if the measurement exceeds a maximum deceleration reading. Other motorists on the roadway may then be able to identify how much pressure is being applied to the brake depending on how much of the elongated brake light is illuminated].
For claim 7, is interpreted and rejected as discussed with respect to claims 1-6
For claim 8, is interpreted and rejected as discussed with respect to claims 1-6.
Response to Remarks
4. The Applicant's remarks regarding the rejection have been considered but they are not persuasive.
Applicant's remarks:
Scott in view of Kerlin fails to expressly disclose said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light. Remarks, filed 5 January 2026, pages 10-11.
Examiner’s response:
Regarding Applicant remark, although Scott in view of Kerlin fails to expressly disclose said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light, Scott in view of Kerlin teaches said brake light extending along a rear end of a vehicle and the vehicle rear end includes turn signals [see claim 1 analysis]. However, having said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Scott in view of Kerlin to include said brake light extending overtop each of said turn signals such that an outermost edge of each of said turn signals is flush with outer edges of said brake light in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Scott in view of Kerlin.
Conclusion
5. THIS ACTION IS MADE FINAL. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED BARAKAT whose telephone number is (571)270-3696. The examiner can normally be reached on 9:00am-5:00PM.
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/MOHAMED BARAKAT/
Primary Examiner, Art Unit 2689