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 .
Response to Arguments
Applicant’s arguments, see amended claims and pages 8-9 of the remarks, filed 9/23/2025, with respect to the rejection(s) of claim(s) 1-11 under 102a1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jones (US 8,840,263).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “configured to” in claims 1-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-11 are rejected under 35 U.S.C. 102a1 as being anticipated by Jones (US 8,840,263).
Regarding independent claim 1, Jones (‘263) teaches in the figures and the entire disclosure an illuminated safety belt device (110) for visually identifying a jogger (10) thereby facilitating motorists to be aware of the jogger, said device comprising: a personal electronic device (113) being configured to be carried by a user (10), said personal electronic device storing digital data comprising a control application; a belt (110) being matable to itself to form a closed loop wherein said belt is configured to be worn around a user's waist; a light housing being attached to said belt; a plurality of lights (71), each of said lights being coupled to said light housing wherein each of said plurality of lights is configured to emit light outwardly from said light housing in a forward direction being substantially parallel to a surface on which the user is running or walking outdoors whereby said plurality of lights are configured to emit light toward a line of sight of oncoming motorists thereby enhancing visibility of the user for the oncoming motorists when the user is running or walking outdoors, each of said lights emitting a unique color of light with respect to each other wherein each of said plurality of lights is configured to communicate various levels of distress to the oncoming motorists; and a communication unit (54) being integrated into said light housing, said communication unit being in remote communication with said personal electronic device, said communication unit being in communication with each of said plurality of lights, said personal electronic device communicating control commands to said communication unit for actuating a selected one of said plurality of lights or for actuating all of said plurality of lights to alternatively flash on and off.
Regarding dependent claim 2, Jones (‘263) teaches said light housing has a rear wall being attached to a front surface of said belt; said light housing is elongated between a primary end and a secondary end of said light housing; said light housing is centrally positioned between said first end and said second end of said belt; each of said lights is positioned on a forward surface of said light housing; and said plurality of lights is evenly spaced apart from each other and is distributed along said forward surface of said light housing.
Regarding dependent claim 3, Jones (‘263) teaches plurality of lights includes a red light and a yellow light and a green light and a white light.
Regarding dependent claim 4, Jones (‘263) teaches red light emits light of a red color wherein said red light can be configured to alert oncoming motorists that the user is having an emergency and needs assistance.
Regarding dependent claim 5, Jones (‘263) teaches said yellow light emits light of a yellow color wherein said yellow light can be configured to alert oncoming motorists to be cautious.
Regarding dependent claim 6, Jones (‘263) teaches said green light emits a light of a green color wherein said green light can be configured to alert oncoming motorists that all is clear with respect to the user.
Regarding dependent claim 7, Jones (‘263) teaches said white light emits light of a white color wherein said white light can be configured to alert oncoming motorists that the user is lost.
Regarding dependent claim 8, Jones (‘263) teaches each of said red light and said yellow light and said green light has an equal length with respect to each other; and said white light has a length being greater than the length of each of said red light and said yellow light and said green light.
Regarding dependent claim 9, Jones (‘263) teaches said communication unit comprises: a processor (55, 56) being integrated into said light housing, said processor receiving a red input and a yellow input and a green input and a white input and a flash input; a first transceiver (55, 56) being integrated into said light housing; said first transceiver is electrically coupled to said processor; said first transceiver is in wireless communication with said personal electronic device; said processor receives said red input when said first transceiver receives a red command from said personal electronic device; said red light is turned on when said processor receives said red input; said processor receives said yellow input when said first transceiver receives a yellow command from said personal electronic device; said yellow light is turned on when said processor receives said yellow input; said processor receives a green input when said first transceiver receives a green command from said personal electronic device; said green light is turned on when said processor receives said green input; said processor receives a white input when said first transceiver receives a white command from said personal electronic device; said white light is turned on when said processor receives said white input; said processor receives said flash input when said first transceiver receives a flash command from said personal electronic device; and each of said plurality of lights is turned on to alternately flash on and off when said processor receives said flash input.
Regarding dependent claim 10, Jones (‘263) teaches in figure 4 a communication unit includes: a second transceiver being integrated into said light housing, said second transceiver being electrically coupled to said processor, said second transceiver being in wireless communication with a global positioning system thereby facilitating said processor to receive the physical location of said belt wherein said second transceiver is configured to facilitate the user to track said belt with said personal electronic device; and a power supply being integrated into said belt, said power supply being electrically coupled to said processor, said power supply comprising a battery being integrated into said light housing.
Regarding independent claim 11, Jones (‘263) teaches in the figures and the entire disclosure (similar to the claims above) an illuminated safety belt device (110) for visually identifying a jogger (10) thereby facilitating motorists to be aware of the jogger, said device comprising: a personal electronic device (113) being configured to be carried by a user (10), said personal electronic device storing digital data comprising a control application; a belt being matable to itself to form a closed loop wherein said belt is configured to be worn around a user's waist, said belt having a clasp being attached to a first end of said belt, said clasp releasably engaging a second end of said belt to form said belt into said closed loop; a light housing being attached to said belt, said light housing having a rear wall being attached to a front surface of said belt, said light housing being elongated between a primary end and a secondary end of said light housing, said light housing being centrally positioned between said first end and said second end of said belt; a plurality of lights, each of said lights being coupled to said light housing wherein each of said plurality of lights is configured to emit light outwardly from said light housing in a forward direction being substantially parallel to a surface on which the user is running or walking outdoors whereby said plurality of lights are configured to emit light toward a line of sight of oncoming motorists thereby enhancing visibility of the user for the oncoming motorists when the user is running or walking outdoors, each of said lights emitting a unique color of light with respect to each other wherein each of said plurality of lights is configured to communicate various levels of distress to the oncoming motorists, each of said lights being positioned on a forward surface of said light housing, said plurality of lights being evenly spaced apart from each other and being distributed along said forward surface of said light housing, said plurality of lights including a red light and a yellow light and a green light and an white light, said red light emitting light of a red color wherein said red light is configured to alert oncoming motorists that the user is having an emergency and needs assistance, said yellow light emitting light of a yellow color wherein said yellow light is configured to alert oncoming motorists to be cautious, said green light emitting a light of a green color wherein said green light is configured to alert oncoming motorists that all is clear with respect to the user, said white light emitting light of a white color wherein said white light is configured to alert oncoming motorists that the user is lost, each of said red light and said yellow light and said green light having an equal length with respect to each other, said white light having a length being greater than the length of each of said red light and said yellow light and said green light; a communication unit (see figure 4) being integrated into said light housing, said communication unit being in remote communication (54) with said personal electronic device, said communication unit being in communication with each of said plurality of lights, said personal electronic device communicating control commands to said communication unit for actuating a selected one of said plurality of lights or for actuating all of said plurality of lights to alternatively flash on and off, said communication unit comprising: a processor (55, 56) being integrated into said light housing, said processor receiving a red input and a yellow input and a green input and a white input and a flash input; a first transceiver (55, 56) being integrated into said light housing, said first transceiver being electrically coupled to said processor, said first transceiver being in wireless communication with said personal electronic device, said processor receiving said red input when said first transceiver receives a red command from said personal electronic device, said red light being turned on when said processor receives said red input, said processor receiving said yellow input when said first transceiver receives a yellow command from said personal electronic device, said yellow light being turned on when said processor receives said yellow input, said processor receiving a green input when said first transceiver receives a green command from said personal electronic device, said green light being turned on when said processor receives said green input, said processor receiving a white input when said first transceiver receives a white command from said personal electronic device, said white light being turned on when said processor receives said white input, said processor receiving said flash input when said first transceiver receives a flash command from said personal electronic device, each of said plurality of lights being turned on the alternately flash on and off when said processor receives said flash input; a second transceiver being integrated into said light housing, said second transceiver being electrically coupled to said processor, said second transceiver being in wireless communication with a global positioning system (figure 7) thereby facilitating said processor to receive the physical location of said belt wherein said second transceiver is configured to facilitate the user to track said belt with said personal electronic device; and a power supply being integrated into said belt, said power supply being electrically coupled to said processor, said power supply comprising a battery being integrated into said light housing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH L WILLIAMS whose telephone number is (571)272-2465. The examiner can normally be reached M-Th 6:30 AM- 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMES R. GREECE can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEPH L. WILLIAMS
Primary Examiner
Art Unit 2875
/JOSEPH L WILLIAMS/Primary Examiner, Art Unit 2875