DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on May 07, 2024. Claims 1 – 20 are pending are pending and current being examined.
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 .
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 3 – 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.
The term “substantially” in claim 3 is a relative term which renders the claim indefinite. The term “substantially” 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.
Claim 3, lines 1 – 4 recites: “wherein the body component is substantially rectangular in shape with a central apex, and a top of a back panel are fastened top ends of a pair of padded shoulder straps, bottom ends of which are connected to adjusting straps fastened in turn to a bottom panel.”
The term “substantially” is a relative term that is UNCLEAR what it encompasses and how much of the body component is required to be rectangular in order to be considered “substantially” rectangular in shape.
The term “substantially” in claim 11 is a relative term which renders the claim indefinite. The term “substantially” 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.
Claim 11, lines 1 – 4 recites: “wherein the power pack component comprises a motion sensor that is an impact sensor for detecting impact motion, such as walking, wherein the motion sensor communicates with the plurality of LEDs to turn off/on the LEDs after a predetermined period of time of detecting substantially no motion/motion.
The term “substantially” is a relative term that is UNCLEAR what it encompasses and how much of no motion/motion is required to be considered “substantially” no motion/motion.
The term “substantially” in claim 13 is a relative term which renders the claim indefinite. The term “substantially” 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.
Claim 13, lines 23 – 25 recites: “wherein the motion sensor communicates with the plurality of LEDs to turn off/on the LEDs after a predetermined period of time of detecting substantially no motion/motion;”.
The term “substantially” is a relative term that is UNCLEAR what it encompasses and how much of no motion/motion is required to be considered “substantially” no motion/motion.
Dependent claims 4-10, 12 and 14-19 are included as they depend from claims 3, 11 and 13 respectively and inherent the issues of those claims as set forth above.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 & 2 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian in view of (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen.
Regarding claim 1, Voskanian discloses the light up backpack device (20) that provides a user with an illuminating backpack to maintain safety for a user, the light up backpack device (20) comprising:
the body component (21) configured as the conventional backpack shape (See Figure 1); and the light component (24); wherein the light component (24) is secured to an exterior surface of the body component (21) (See Column 3, lines 31 – 35); wherein the light component (24) is powered by the power source (27) secured within the body component (21) and in communication with the light component (24); and further wherein the light component (24) illuminates an exterior of the body component (21) to keep the user safe when in low-light conditions (See Figures 1, 2 & 3).
However, Voskanian does not explicitly disclose via at least one wire.
Chen ‘406 teaches wherein the light component (2 & 35) is powered by the power source (30) secured within the body component (1) (See Figure 1) and in communication (i.e. via (351 & 352) in Figure 2) with the light component (2 & 35) via at least one wire (33 & 34) (See Paragraphs 0028, 0029 & 0030) (See Figures 1, 2 & 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the light component is powered by the power source secured within the body component and in communication with the light component via at least one wire as taught by Chen ‘406 with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light component power source configuration for another to obtain predictable results.
Regarding claim 2, Voskanian discloses wherein the body component (21) forms an interior volume (i.e. Interior Volume Portion of (21) in Figure 1) and includes an opening (See Figure 2) that provides access to the interior volume (i.e. Interior Portion of (21) in Figure 1), and wherein the opening (See Figure 2) includes the fastener (22) (i.e. Zipper) (See Column 3, lines 3 – 9) (See Figures 1 & 2).
Claim(s) 3 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian and (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen as applied to claim 2 above, and further in view of (U.S. Patent Publication Number 2007 / 0159808 A1 to Chen.
Regarding claim 3, Voskanian discloses wherein the body component (21) is substantially rectangular in shape with the central apex, and the top of the back panel (i.e. Back Panel of (20) in Figures 1 & 2) are fastened top ends of the pair of padded shoulder straps (i.e. Left & Right (23) in Figure 1) (See Figures 1 & 2).
However, Voskanian does not explicitly disclose bottom ends of which are connected to adjusting straps fastened in turn to the bottom panel.
Chen ’808 teaches the top of the back panel (15) are fastened top ends of the pair of padded shoulder straps (i.e. Left & Right (22) in Figure 1), bottom ends of which are connected to adjusting straps (23) fastened in turn to the bottom panel (15) (See Paragraph 0023) (See Figures 1 & 7).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the top of the back panel (15) are fastened top ends of the pair of padded shoulder straps (i.e. Left & Right (22) in Figure 1), bottom ends of which are connected to adjusting straps (23) fastened in turn to the bottom panel as taught by Chen ‘808 with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known padded and adjustable shoulder strap configuration for another to obtain predictable results.
Regarding claim 4, Voskanian discloses wherein the light component (24) comprises the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) which are in communication with the power pack component (See Column 3, lines 48 – 58) (See Figure 3).
Claim(s) 5, 6, 7, 8, 9, 10, 11 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian, (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen and (U.S. Patent Publication Number 2007 / 0159808 A1) to Chen as applied to claim 4 above, and further in view of (U.S. Patent Number 5,836,671) to Chien and (U.S. Patent Number 8,441,352 B2) to Sizemore.
Regarding claim 5, Voskanian discloses wherein the power pack component (See Figure 3) comprises the microprocessor (29), at least one power source (27), the control switch (28), and at least one sensor (30), all for powering and controlling the plurality of LEDs (25) (See Figure 3).
However, Voskanian does not explicitly disclose the transformer.
Chien teaches wherein the power pack component (See Figure 4) comprises at least one power source (303), the control switch (301), and the transformer (402), all for powering and controlling the plurality of LED’s (2) (See Figures 3 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the transformer as taught by Chien with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light power pack component configuration for another to obtain predictable results.
However, Voskanian does not explicitly disclose the receiver.
Sizemore teaches wherein the power pack component (See Figure 5) comprises at least one power source (74), the control switch (35), and the receiver (47), all for powering and controlling the plurality of LEDs (34) (See Column 7, lines 23 – 31) (See Figures 4A & 4B, 5, 8 & 9).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the receiver as taught by Sizemore with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light power pack component configuration for another to obtain predictable results.
Regarding claim 6, Voskanian discloses wherein at least one power source (27) is the battery (See Column 4, lines 11 – 16).
Regarding claim 7, Voskanian as modified by Chien discloses wherein the transformer (402) converts (i.e. via (401) in Figure 4) DC voltage from the battery (303) to the usable DC voltage for the plurality of LEDs (2) (See Column 3, lines 48 – 67) & (See Column 4, lines 1 – 7) (See Figures 4 & 5).
Regarding claim 8, Voskanian as modified by Sizemore discloses wherein the plurality of LEDs are secured to the printed circuit board (PCB) (37) (See Column 7, lines 23 – 25).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the receiver as taught by Sizemore with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent circuit board configuration for another to obtain predictable results.
Regarding claim 9, Voskanian discloses wherein the control switch (28) manually controls the plurality of LEDs (25) off/on (See Column 4, lines 1 – 4).
Regarding claim 10, Voskanian discloses wherein the power pack component (See Figure 3) comprises the light sensor (30) that communicates with the plurality of LEDs (25) to turn off/on the LEDs (25) when ambient light is detected/not detected for a predetermined period of time (See Column 4, lines 39 – 60).
Regarding claim 11, Voskanian discloses wherein the power pack component (See Figure 3) comprises the motion sensor (30) that is an impact sensor for detecting impact motion, such as walking, wherein the motion sensor (30) communicates with the plurality of LEDs (i.e. Plurality of (25) in Figure 2) to turn off/on the LEDs (25) after the predetermined period of time of detecting substantially no motion/motion (See Column 4, lines 39 – 49).
Regarding claim 12, Voskanian discloses wherein the power pack component (See Figure 3), which then communicates with the microprocessor (26) to control color and pulse of the plurality of LEDs (i.e. via (29) in Column 4, lines 11 – 39) (See Claim 5).
Furthermore, Voskanian as modified by Sizemore discloses comprising the receiver (47) used to communicate with the remote control (45) (See Column 7, lines 58 – 60), and pulse of the plurality of LEDs (i.e. Strobe Light Circuit (34) (See Column 7, lines 23 – 25).
Claim(s) 13, 14, 17, 18 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian in view of (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen, (U.S. Patent Number 5,836,671) to Chien and (U.S. Patent Number 8,441,352 B2) to Sizemore.
Regarding claim 13, Voskanian discloses the light up backpack device (20) that provides a user with an illuminating backpack to maintain safety for a user, the light up backpack device (20) comprising:
the body component (21) configured as the conventional backpack shape (See Figure 1);
the light component (24) comprises the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) which are in communication with the power pack component (See Column 3, lines 48 – 58) (See Figure 3); and
the power pack component (See Figure 3) comprises the microprocessor (29), at least one power source (27), the control switch (28), and at least one sensor (30), all for powering and controlling the plurality of LEDs (25) (See Figure 3);
wherein the light component (24) is secured to an exterior surface of the body component (21) (See Column 3, lines 31 – 35);
wherein the light component (24) is powered by the power source (27) secured within the body component (21) and in communication with the light component (24);
wherein the light component (24) illuminates an exterior of the body component (21) to keep the user safe when in low-light conditions (See Figures 1, 2 & 3);
wherein at least one power source (27) is the battery (See Column 4, lines 11 – 16);
wherein the control switch (28) manually controls the plurality of LEDs (25) off/on (See Column 4, lines 1 – 4);
wherein the power pack component (See Figure 3) comprises the light sensor (30) that communicates with the plurality of LEDs (25) to turn off/on the LEDs (25) when ambient light is detected/not detected for a predetermined period of time (See Column 4, lines 39 – 60);
wherein the power pack component (See Figure 3) comprises the motion sensor (30) that is an impact sensor for detecting impact motion, such as walking, wherein the motion sensor (30) communicates with the plurality of LEDs (i.e. Plurality of (25) in Figure 2) to turn off/on the LEDs (25) after the predetermined period of time of detecting substantially no motion/motion (See Column 4, lines 39 – 49); and
further wherein the power pack component (See Figure 3), which then communicates with the microprocessor (26) to control color and pulse of the plurality of LEDs (i.e. via (29) in Column 4, lines 11 – 39) (See Claim 5).
However, Voskanian does not explicitly disclose at least one wire.
Chen teaches wherein the light component (2 & 35) is powered by the power source (30) secured within the body component (1) (See Figure 1) and in communication (i.e. via (351 & 352) in Figure 2) with the light component (2 & 35) via at least one wire (33 & 34) (See Paragraphs 0028, 0029 & 0030) (See Figures 1, 2 & 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the light component is powered by the power source secured within the body component and in communication with the light component via at least one wire as taught by Chen with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light component power source configuration for another to obtain predictable results.
However, Voskanian does not explicitly disclose the transformer; and wherein the transformer converts DC voltage from the battery to a usable DC voltage for the plurality of LEDs.
Chien teaches wherein the power pack component (See Figure 4) comprises at least one power source (303), the control switch (301), and the transformer (402), all for powering and controlling the plurality of LED’s (2) (See Figures 3 & 4); and wherein the transformer (402) converts (i.e. via (401) in Figure 4) DC voltage from the battery (303) to the usable DC voltage for the plurality of LEDs (2) (See Column 3, lines 48 – 67) & (See Column 4, lines 1 – 7) (See Figures 4 & 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the transformer; and wherein the transformer converts DC voltage from the battery to a usable DC voltage for the plurality of LEDs as taught by Chien with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light power pack component configuration for another to obtain predictable results.
However, Voskanian does not explicitly disclose the receiver; and wherein the plurality of LEDs are secured to a printed circuit board (PCB).
Sizemore teaches wherein the power pack component (See Figure 5) comprises at least one power source (74), the control switch (35), and the receiver (47), all for powering and controlling the plurality of LEDs (34) (See Column 7, lines 23 – 31) (See Figures 4A & 4B, 5, 8 & 9); and wherein the plurality of LEDs are secured to the printed circuit board (PCB) (37) (See Column 7, lines 23 – 25).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the receiver; and wherein the plurality of LEDs are secured to the printed circuit board (PCB) as taught by Sizemore with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent light power pack component configuration and circuit board configuration for another to obtain predictable results.
Regarding claim 14, Voskanian discloses the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2).
Furthermore, Voskanian as modified by above Sizemore discloses further comprising highly reflective material (70) surrounding opposing sides of the light (i.e. Strobe Light) (See Figure 4B) for the purpose of intensifying and increasing the apparent size of the strobe light flash so as to improve the visibility of the visual signal (See Column 7, lines 53 – 57).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make highly reflective material surrounding opposing sides of the plurality of LEDs as taught by Sizemore with the light up backpack of Voskanian in order to intensify and increase the apparent size of the strobe light flash so as to improve the visibility of the visual signal (See Column 7, lines 53 – 57)..
Regarding claim 17, Voskanian discloses wherein the motion sensor (30) activates the plurality of LEDs (25) with the corresponding rate of activation, per rate of motion of the user (See Paragraphs 0029 & 0030).
Regarding claim 18, Voskanian discloses wherein the control switch (28) is positioned on the power pack component (See Figure 3) and placed on the bottom surface of an interior volume (i.e. Interior Volume of (21) in Figures 1 & 2) of the light up backpack device (20).
Regarding claim 19, Voskanian discloses wherein intensity level of the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) is controlled using the pulse-width modulation (PWM) algorithm (29) of the fixed current source provided by the battery (27) (i.e. Battery), such that the PWM algorithm (29) within the microprocessor (26) adjusts the PWM algorithm (29) for each LED (25) to achieve desired resultant color (See Paragraphs 0026 & 0027) (See Figure 3).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian, (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen, (U.S. Patent Number 5,836,671) to Chien and (U.S. Patent Number 8,441,352 B2) to Sizemore as applied to claim 13 above, and further in view of (U.S. Patent Publication Number 2007 / 0153503 A1) to Feng.
Regarding claim 15, Voskanian as modified by above does not explicitly disclose further comprising the plurality of indicia.
Feng teaches further comprising the plurality of indicia (5) (See Figures 3, 4 & 8) for the purpose of providing visual advertising and / or displaying a trademark logo (See Paragraphs 0018 & 0019).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make further comprising the plurality of indicia as taught by Feng with the light up backpack of Voskanian in order to provide visual advertising and / or display a trademark logo (See Paragraphs 0018 & 0019).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian, (U.S. Patent Publication Number 2011 / 0164406 A1) to Chen, (U.S. Patent Number 5,836,671) to Chien and (U.S. Patent Number 8,441,352 B2) to Sizemore as applied to claim 13 above, and further in view of (CN 108877169 A) to Pang.
Regarding claim 16, Voskanian as modified by Sizemore discloses wherein further comprising the device (92) to control the light up backpack device (10) instead of the remote control (45) (See Figure 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make further comprising the device to control the light up backpack device instead of the remote control as taught by Sizemore with the light up backpack device of Voskanian because the motivation only requires a simple substitution of one known equivalent circuit board configuration for another to obtain predictable results.
However, Voskanian as modified by Sizemore does not explicitly disclose the wireless communications module which pairs with the mobile application on the smart device.
Pang teaches wherein further comprising the wireless communications module (i.e. via Bluetooth) (See Abstract) which pairs with the mobile application (2) on the smart device (i.e. Mobile Phone in Figure 1) to control the light up LEDs backpack device (1) (see Abstract) (See Claim 1) (See Figures 1 & 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein further comprising the wireless communications module which pairs with the mobile application on the smart device to control the backpack device as taught by Pang with the light up backpack of Voskanian in order to allow the user to communicate and interface with the backpack through a mobile app.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,568,183 B2) to Voskanian in view of (U.S. Patent Number 8,441,352 B2) to Sizemore.
Regarding claim 20, Voskanian discloses the method of illuminating the backpack (See Figures 1 & 2) to maintain safety for a user, the method comprising the following steps:
providing the light up backpack device (20) comprising the body component (21) and the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) secured to an exterior surface (See Column 3, lines 31 – 35);
powering the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2);
turning on (i.e. via the Control Switch (28) in Figure 3) the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) for use;
controlling (i.e. via the PWM Algorithm (29) in Figure 3) the plurality of LEDs (i.e. Plurality of (25) in Figures 1 & 2) to change colors and/or pulse the LEDs (25) (See Column 4, lines 24 – 38); and
wearing the illuminated backpack (20) to maintain safety for the user (See Figures 1 – 3).
However, Voskanian does not explicitly disclose the method steps via the remote control.
Sizemore teaches the method steps of controlling the plurality of LEDs (i.e. Safety Strobe Lights) via the remote control (45) (See Figure 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the method steps of controlling the plurality of LED’s via the remote control as taught by Sizemore with the light up backpack device of Voskanian in order to provide a quick activation signal (See Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Publication Number 2009 / 0201671 A1) to Huntley teaches further comprising highly reflective material (See Paragraph 0005) surrounding opposing sides of the plurality of LEDs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734