DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are presented for examination on the merits.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
3. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-15 of US Patent No. (US 17329321). Although the conflicting claims are not identical, they are not patentably distinct from each other because a sign comprising: a sign pivotally coupled to a wall-mounting bracket; an activation system coupled to the wall-mounting bracket, wherein the activation system is enabled to cause the sign to pivot out from the wall-mounting bracket via a motor assembly and cause the sign to move outward from the wall-mounting bracket to a more visible position; and a triggering mode, wherein the triggering mode is enabled to trigger the activation system to cause the sign to move outward from the wall-mounting bracket are conventional prior art features and the use of such features in the claims of application 18648255 would have been obvious and would not have involved a patentable invention.
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Claim Rejections - 35 USC § 102
4. 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 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.
5. 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.
6. Claims 1, 5, 6, 10-15 and 18, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (US 8998440 B1).
As to claim 1, Wu discloses in systems and methods of inter-vehicle communication having claimed:
a. sign comprising: a sign pivotally coupled to a wall-mounting bracket; an activation system coupled to the wall-mounting bracket wherein the activation system is enabled to cause the sign to pivot out from the wall-mounting bracket via a motor assembly and cause the sign to move outward from the wall-mounting bracket to a more visible position; and a triggering mode, wherein the triggering mode is enabled to trigger the activation system to cause the sign to move outward from the wall-mounting bracket read on Col. 3, Lines 52-64, (FIG. 2 illustrates the rotatable signage light 100 in a rotated position, in accordance with an example embodiment. In the rotated position, the rotatable signage light 100 is generally mounted on a wall or other appropriate vertical surface via the same mounting surface 106 as in the extended position. In the rotated position, the sign 104 and internal housing 120 have been rotated approximated 90.degree. relative to its position in the extended position, as shown in FIG. 1. Thus, in the rotated position, the sign 104 is substantially parallel to the mounting surface 106. In the rotated position, the internal housing 120 is rotated to a position at least partially external to the main housing 102. Thus, the body 202 of the internal housing 120 is visible in FIG. 2).
As to claim 5, Wu further discloses:
a. wherein the exit sign moves away from the wall by rotating away from the wall read on Col. 3, Lines 17-35, (the mounting surface 106 is mounted against a ceiling or wall surface with the mounting surface 106 facing the surface. The retaining surface 114 includes a retaining slot 116 which extends across a majority or entirety of the length of the retaining surface 114. The main housing 102 further houses an internal housing 120. The internal housing 120 houses electrical components as well as retains the sign 104. In the extended position, the internal housing 120 is generally positioned within the main housing 120).
As to claim 6, Wu further discloses:
a. wherein the sign is flexible read on Col. 3, Lines 35-40, (the first and second panels 108, 110 are fabricated from an acrylic material and are shaped generally symmetrical to each other, and are symmetrically mated. In certain example embodiments, the first panel 108, the second panel 110, or both, includes a graphic 112 printed on the inner surface. Note: acrylic is a kind of plastic, fabric, fiber, or paint that's made from acrylic acid).
As to claim 10, Wu further discloses:
a. wherein the sign is illuminated by an electric light read on Col. 1, Lines 55-65, (the internal housing includes a printed circuit board (PCB) disposed at least partially within the internal housing, a light source disposed at least partially within the internal housing, a second pivot mate, wherein the second pivot mate is rotatively coupled to the first pivot mate, and a retaining slot formed at an edge of the internal housing opposite the light source).
As to claim 11, Wu further discloses:
a. wherein the sign is illuminated by at least one of a luminescent tape, a luminescent ink, and at least one LED light read on Col. 5, Lines 25-35, (an LED and sign retention bar 408 is disposed through the recess 422 and extends through the majority or entirety of the length of the main housing 102. The LED and sign retention bar 408 is further illustrated in detail in FIG. 5, in accordance with an example embodiment. Referring to FIGS. 4 and 5, the retention bar 408 includes a top portion 502 and a bottom portion 504).
As to claim 12, Wu further discloses:
a. an independent power source read on Col. 5, Line 60 – Col. 6, Line 10, (the PCB 406 holds and electrically couples electronic components 602 which drive the light sources. In certain example embodiments, the electronic components include a power storage device, such as a battery, which provides power to the light sources under certain conditions, such as a power outage event. Accordingly, the PCB 406 is also electrically coupled to the light source PCB 410).
As to claim 13, Wu further discloses:
a. wherein: the independent power source is a battery read on Col. 5, Line 60 – Col. 6, Line 10, (the PCB 406 holds and electrically couples electronic components 602 which drive the light sources. In certain example embodiments, the electronic components include a power storage device, such as a battery, which provides power to the light sources under certain conditions, such as a power outage event. Accordingly, the PCB 406 is also electrically coupled to the light source PCB 410).
As to claim 14, Wu further discloses:
a. a sign configured to flush mount against a wall; and an activation system, wherein the activation system is enabled to cause a motor assembly to move the sign to move outward from the wall to a more visible position read on Col. 5, Lines 10-30, (the retaining surface 114 includes a slot 412 through which the internal housing 120 rotates and through which the sign 104 extends. The internal housing 120 further includes a curved body 202 which remains retracted within the main housing 102 when the rotatable signage light 100 is in the extended position, as shown in FIG. 1, and is exposed when the rotatable signage light 100 is in the rotated position, as shown in FIG. 2. In certain example embodiments, the internal housing 120 further includes a recess 422 which extends from within the internal housing 120 to an edge 424 of the internal housing 120. The edge 424 is generally flush and aligned with the retaining surface 114 of the main housing 102 when the rotatable signage light is in the extended position. In certain example embodiments, an LED and sign retention bar 408 is disposed through the recess 422 and extends through the majority or entirety of the length of the main housing 102).
As to claim 15, Wu further discloses:
a. further comprising: a triggering mode, wherein the triggering mode is enabled to trigger the activation system to cause the sign to move to the more visible position read on Col. 5, Lines 10-30, (the retaining surface 114 includes a slot 412 through which the internal housing 120 rotates and through which the sign 104 extends. The internal housing 120 further includes a curved body 202 which remains retracted within the main housing 102 when the rotatable signage light 100 is in the extended position, as shown in FIG. 1, and is exposed when the rotatable signage light 100 is in the rotated position, as shown in FIG. 2.
As to claim 18, Wu further discloses:
a. a bracket configured to flush mount to a wall; an exit sign mounted to the bracket; an activation system, wherein the activation system is enabled to cause the bracket to cause a motor assembly to move the bracket outward from the wall to a more visible position read on Col. 6, Lines 50-60, (As illustrated in FIGS. 7 and 8, as the internal housing 120 rotates from the extended position (FIG. 7) to the rotated position (FIG. 8), the sign 104, the internal housing 120, the electronic components 602, and light sources all move and rotate fixedly with respect to each other. In certain example embodiments, the sign 104, the internal housing 120, the electronic components 602, and the light sources do not traverse the axis of rotation or pivot point and there is no rotation between such elements).
As to claim 19, Wu further discloses:
a. a triggering mode, wherein the triggering mode is enabled to trigger the activation system to cause the bracket to move to the more visible position read on Col. 5, Lines 10-30, (the retaining surface 114 includes a slot 412 through which the internal housing 120 rotates and through which the sign 104 extends. The internal housing 120 further includes a curved body 202 which remains retracted within the main housing 102 when the rotatable signage light 100 is in the extended position, as shown in FIG. 1, and is exposed when the rotatable signage light 100 is in the rotated position, as shown in FIG. 2.
Claim Rejections - 35 USC § 103
7. 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 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.
8. 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 of this title, 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.
9. Claims 2-4, 16, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Anderson (US 2016/0003428 A1).
As to claim 2, Wu does not explicitly recite wherein the triggering mode is provided by a signal from a smoke detection system indicating smoke has been detected.
However, Anderson cures this deficiency by teaching that it may be beneficial wherein the triggering mode is provided by a signal from a smoke detection system indicating smoke has been detected read on ¶ 0080, (FIG. 5, modular control system 40 (or “module” 40) is preferably adapted to detect and respond to the alarm of an independent smoke detector 73 (or other type of independent danger detector) in structure 100. To detect the independent alarm from smoke detector 73, an audio sensor 218 (numbered in FIG. 4) is included on the control board 212 within module 40, and controller chip 41 is coded to activate energizers 48a and 48b when detector 218 receives audio frequencies or other communicative transmissions indicative of a standard smoke alarm).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the CPU-controlled, rearming, high voltage output circuit for electronic animal trap of Anderson into Wu in order to detect a smoke and/or fire conditions without expensive wire installation or extra processors, radio frequency (RF) signal or any other data link with the independent detector.
As to claim 3, Anderson further teaches:
a. wherein the triggering mode is provided by a signal from a fire detection system indicating that a fire has been detected read on ¶ 0080, (FIG. 5, modular control system 40 (or “module” 40) is preferably adapted to detect and respond to the alarm of an independent smoke detector 73 (or other type of independent danger detector) in structure 100. To detect the independent alarm from smoke detector 73, an audio sensor 218 (numbered in FIG. 4) is included on the control board 212 within module 40, and controller chip 41 is coded to activate energizers 48a and 48b when detector 218 receives audio frequencies or other communicative transmissions indicative of a standard smoke alarm).
As to claim 4, Anderson further teaches:
a. wherein the triggering mode uses a decibel meter that triggers the activation system when an audible fire alarm is detected read on ¶ 0080, (FIG. 5, modular control system 40 (or “module” 40) is preferably adapted to detect and respond to the alarm of an independent smoke detector 73 (or other type of independent danger detector) in structure 100. To detect the independent alarm from smoke detector 73, an audio sensor 218 (numbered in FIG. 4) is included on the control board 212 within module 40, and controller chip 41 is coded to activate energizers 48a and 48b when detector 218 receives audio frequencies or other communicative transmissions indicative of a standard smoke alarm).
As to claim 16, Anderson further teaches:
a. wherein the triggering mode is provided by a signal from a smoke detection system indicating smoke has been detected read on ¶ 0080, (FIG. 5, modular control system 40 (or “module” 40) is preferably adapted to detect and respond to the alarm of an independent smoke detector 73 (or other type of independent danger detector) in structure 100. To detect the independent alarm from smoke detector 73, an audio sensor 218 (numbered in FIG. 4) is included on the control board 212 within module 40, and controller chip 41 is coded to activate energizers 48a and 48b when detector 218 receives audio frequencies or other communicative transmissions indicative of a standard smoke alarm).
As to claim 17, Anderson further teaches:
a. wherein the triggering mode is provided a signal from a fire detection system indicating fire has been detected read on ¶ 0085, (Most EMVNAs are designed to be installed/recessed into or over single-gang electrical outlet box 2100 or double-gang outlet box whose lettered cover plate 2610 can either denote the “FIRE” to indicate that it is a part of the fire system in the structure and may denote “exit here” with a down arrow designed to be placed on the cover plate used to secure the device driver inside the electrical box (back-box or junction box) which can be used to denote which direction one should take to reach the nearest exit with a left arrow, right arrow or up arrow as the specific location might command).
As to claim 20, Anderson further teaches:
a. wherein the triggering mode is provided by at least one of a signal from a smoke detection system indicating smoke has been detected and a signal from a fire detection system indicating fire has been detected read on ¶ 0123, (when a smoke detector or system is triggered by fire or a heavy smoke event, or the appliance is otherwise triggered by its integrated system or connectivity with another appliance or device, the controller immediately triggers the inconspicuous illumination strips (LightStrands) to light up the periphery and baseboard areas around the premise's safe exit portals or along its length to indicate the exit point or egress path).
10. Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Gow (US 2020/0342792 A1).
As to claim 7, Wu discloses motor/ actuator components (electronic component 602, The PCB 406 holds and electrically couples electronic components 602 which drive the light sources Col. 5, Lines 57-64). Wu does not explicitly recite wherein the actuator comprises a stepper motor, a servo motor, or a linear motor.
However, Gow cures this deficiency by teaching that it may be beneficial wherein the sign retracts when an emergency is over read on ¶ 0113, (the springs 1622, 1624, and 1626 are coupled to the sign message structure 1605 via the mounting columns 1628 and 1630, and provide a spring-loaded feature that allows the sign message structure 1605 to flex from an original mounting position and then automatically return to the original mounting position after the outside force has been removed).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the light fixture sign of Gow into Wu in order to provide a light fixture sign is mounted flush to the wall or building material surface to provide a completely undetectable installation.
As to claim 8, Gow further teaches:
a. wherein the sign is supported by at least one spring read on ¶ 0113, (the shock absorbing mechanism 1620 includes springs 1622 and 1624 that each extend across an interior of the container 1604 from a top side to a bottom side of the container 1604, and spring 1626 that extends across the interior of the container 1604, perpendicularly to springs 1622 and 1624, from one side of the container 1604 to an opposite side of the container 1604. The springs 1622, 1624, and 1626 are coupled to the sign message structure 1605 via the mounting columns 1628 and 1630, and provide a spring-loaded feature that allows the sign message structure 1605 to flex from an original mounting position and then automatically return to the original mounting position after the outside force has been removed).
As to claim 9, Gow further teaches:
a. wherein the at least one spring allows the sign to move out of a path of at least one of an evacuating person and a first responder read on ¶ 0113, (the shock absorbing mechanism 1620 includes springs 1622 and 1624 that each extend across an interior of the container 1604 from a top side to a bottom side of the container 1604, and spring 1626 that extends across the interior of the container 1604, perpendicularly to springs 1622 and 1624, from one side of the container 1604 to an opposite side of the container 1604. The springs 1622, 1624, and 1626 are coupled to the sign message structure 1605 via the mounting columns 1628 and 1630, and provide a spring-loaded feature that allows the sign message structure 1605 to flex from an original mounting position and then automatically return to the original mounting position after the outside force has been removed).
Citation of pertinent Prior Arts
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
12. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689