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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/05/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS. —Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim 1 upon which it depends. Claim 4 recites,” wherein the device further comprises the banner”; however, the device and banner are already recited in claim 1. Therefore, the recitation does not specify a further limitation of the subject matter of claim 1. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 8-11, 13-18, 23 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mahedy et al. (US 20200020257 A1).
With respect to claim 1, Mahedy discloses a device for displaying nautical symbols on a vessel, the device comprising: a first roller and a second roller (see below annotated FIG. 3, elem. 304, see [0052],” Note that in this configuration multiple banners can be used together, e.g.”), wherein the first roller and the second roller are configured to support a banner (see below annotated FIG. 1, elem. 104 and 106, see [0005],” A banner display is disclosed, comprising abilities to display a flag, banner or similar media under user or automated control. “Banner display” refers to a device configured to display and/or retract a banner or flag in response to a determined condition…”; see [0052],” Note that in this configuration multiple banners can be used together, e.g.”; multiple banners on rollers can be in multiple configurations); the banner comprising a plurality of symbols arranged for display lengthways along the banner, and wherein the first roller is configured to furl a first end of the banner and the second roller is configured to furl a second end of the banner such that a symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see below annotated FIG. 1, elem. 100, 108; see [0005], [0051], [0052], [0006],” …electric motor configured to rotate a gear or axis in a first direction in response to current with a first polarity and to rotate the gear or axis in a second direction opposite the first direction…”; shaft is the roller that roll-up/furl the ends of the banners, paragraph [0052] rollers can be in multiple configurations); an actuator configured to rotate at least one of the first roller and the second roller to thereby adjust which symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see below annotated FIG. 2, elem. 206; see [0006]); and a first processor configured to control the actuator, wherein the first processor is configured to: receive, from a second processor (see below annotated FIG. 6, elem. 606, 608 and 618; [0039], “Processor” refers to any circuitry, component, chip, die, package, or module configured to receive, interpret, decode, and execute machine instructions”), a command comprising an indication to display a specific symbol of the plurality of symbols; and output, to the actuator, instructions to display the specific symbol (see below annotated FIG. 6, elem. 606, 608 and 618; see [0064],” The motor 606, can be configured to rotate the shaft 604 as described above based on control signals or a control signal 618 received from the controller 608”).
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With respect to claim 2, Mahedy discloses: wherein the first processor is within a slave unit and the second processor is within a master unit (see above annotated FIG. 6, elem. 602; see [0039], “Processor” refers to any circuitry, component, chip, die, package, or module configured to receive, interpret, decode, and execute machine instructions”).
With respect to claim 3, Mahedy discloses: wherein the command is received
at the second processor from a remote controller (see above annotated FIG. 2, elem. 208; [0043],” In another embodiment, the controller 208 comprises a transceiver within the housing 202 and logic implemented within a remote device such as a mobile device, a server, a host, a laptop, a tablet, or the like”).
With respect to claim 4, Mahedy discloses: wherein the device further comprises the banner (see above FIG. 1, elem. 106; see [0005]).
With respect to claim 6, Mahedy discloses: wherein the banner is two-sided and wherein the symbol positioned for display between the first roller and the second roller is viewable from both sides of the banner (see [0052]; [0053],” … to selectively light up either, or both sides of the banner”).
With respect to claim 8, Mahedy discloses: wherein the banner comprises a plurality of identifiers, each identifier being associated with a respective symbol in the plurality of
symbols (see below annotated FIG. 7, elem. 716; see [0005]; [0052],” …is useable with a plurality of banners”; [0054],” The banner identifier 406 may be used to read RFID tags of the banners”), and wherein the device further comprises a reader communicatively coupled to the first processor, the reader configured to: read an identifier associated with the symbol positioned for display between the first roller and the second roller; and communicate the identity of the symbol positioned for display between the first roller and the second roller to the first processor (see below annotated FIG. 7, elem. 700, 708 and 716; [0037],"Examples of a controller include, but are not limited to, logic or software executed by a CPU, a SoC, a single board computer, a state machine, a FPGA, or other processor”; [0071], "One embodiment of the banner display 700 includes a banner identifier 716 coupled to the controller 708. In another embodiment, the banner identifier identifies the size, type, and shape of a flag or banner in collaboration with another component such as a controller or processor”; [0072],"the banner identifier 716 may comprise a sensor configured to detect and interpret an RFID tag secured to a banner, or connected to the banner material. The RFID tag may uniquely identify one banner from another"; [0073], "Information associated with an identified banner may include the type of banner, dimensions, such as length, display settings and configurations for the type of banner, and other types of information”).
With respect to claim 9, Mahedy discloses: wherein each identifier in the plurality of identifiers is positioned along the banner such that, when a specific identifier is positioned within a readable range of the reader, the symbol associate3d with the specific identifier is displayed between the first and second roller (see above annotated FIG. 4, elem. 406; [0052]; [0054],” RFID tags may be used to identify the banner 106 and may further be used to track the location of the banner 106”).
With respect to claim 10, Mahedy discloses: wherein the plurality of identifiers
comprise a plurality of RFID tags and the reader comprises an RFID reader (see below annotated FIG. 7, elem. 716; [0054],” The banner identifier 406 may be used to read RFID tags of the banners”).
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With respect to claim 11, Mahedy discloses: wherein the banner comprises a
plurality of position control elements, each position control element being associated with a respective symbol in the plurality of symbols (see above annotated FIG. 2, elem. 208; see [0005]; [0040],” Among other functions and features managed by the controller 208, the controller 208 manages extending and retracting the banner 106”), and wherein the device further comprises a position sensing mechanism configured to (see [0040]): identify when the symbol positioned for display between the first roller and the second roller is displayed correctly by sensing the position control element associated with the symbol (see [0071] ); and communicate that the symbol is displayed correctly between the first and second roller to the first processor (see [0039]; [0078],” The communication module 816 may communicate commands, data, receiving input, and/or signals from and to a remote device…”).
With respect to claim 13, Mahedy discloses: further comprising at least one
pole mount for mounting the device to the vessel (see [0005], “see below annotated FIG. 5, elem. 502; [0058],” configured to connect the banner display 200 to a mount site 502”).
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FIG. 5
With respect to claim 14, Mahedy discloses: wherein the at least one pole mount is configured to mount the device onto a flagpole (see [0008],” “End of the banner” refers to the physical limit of a banner, flag, or similar display, typically at the opposite end of where said display may be attached to a fixed apparatus (e.g., flagpole). “Flagpole” refers to a pole on which a flag is raised”).
With respect to claim 15, Mahedy discloses: an apparatus for displaying a plurality of nautical symbols on a vessel, the apparatus comprising: a plurality of devices, each configured to display a respective specific symbol, wherein each device of the plurality of devices are positioned with respect to one another on a support structure such that the respective specific symbols displayed by at least a subset of the plurality of devices can be viewed together to form a message ( see above annotated FIG 3 ; see [0005],” A banner display is disclosed, comprising abilities to display a flag, banner or similar media under user or automated control. “Banner display” refers to a device configured to display and/or retract a banner or flag in response to a determined condition…” see [0052],” Note that in this configuration multiple banners can be used together, e.g.”), and wherein each of the plurality of devices comprises: a first roller and a second roller (see above annotated FIG. 3 elem. 304. Multiple banners on rollers can be in multiple configurations), wherein the first roller and the second roller are configured to support a banner (see above annotated FIG. 6, [0066], The banner display 600 includes a banner 614 coupled to the shaft 604), the banner comprising a plurality of symbols arranged for display lengthways along the banner (see [0051], “…lengthwise along the length of the shaft 204”. Lengthways is synonymous to lengthwise), and wherein the first roller is configured to furl a first end of the banner and the second roller is configured to furl a second end of the banner such that a symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see above annotated FIG. 6, elem. 616, 604 and 606; shaft is the roller that roll-up/furl the ends of the banners, paragraph [0052]. Rollers can be in multiple configurations); an actuator configured to rotate at least one of the first roller and the second roller to thereby adjust which symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see above annotated FIG. 6, elem. 616, 604 and 606; shaft is the roller that roll-up/furl the ends of the banners, paragraph [0052]. Rollers can be in multiple configurations); and a first processer configured to control the actuator, wherein the first processor is configured to: received from a second processor a command comprising and indication for the device to display its respective specific symbol form amongst the plurality of symbols, and output to the actuator, instructions for the device to display its respective specific symbol (see above annotated FIG. 6, elem. 606, 608 and 618; [0064],” The motor 606, can be configured to rotate the shaft 604 as described above based on control signals or a control signal 618 received from the controller 608”).
With respect to claim 16, Mahedy discloses: wherein the plurality of devices are positioned adjacent to one another on the support structure (see [0052]).
With respect to claim 17, Mahedy discloses: wherein each device in the plurality of devices extends radially from a common central axis defined by the support structure (see above annotated FIG. 3, elem. 304 and 204).
With respect to claim 18, Mahedy discloses: Wherein each device in the plurality of devices extend radially from the common central axis with a uniform angular distribution (see above annotated FIG. 3, elem. 304 and 204).
With respect to claim 23, Mahedy discloses: A computer-implemented method of adjusting a displayed symbol on a device, wherein the device comprises a first roller and a second roller (see above annotated FIG. 3, elem. 304; [0052],” Note that in this configuration multiple banners can be used together, e.g.” ), wherein the first roller and the second roller are configured to support a banner (see [0026], “A method for controlling a smart banner display includes displaying…”), the banner comprising a plurality of symbols arranged for display lengthways along the banner (see [0051], [0052],” …is useable with a plurality of banners”; [0054],” The banner identifier 406 may be used to read RFID tags of the banners”), and wherein the first roller is configured to furl a first end of the banner and the second roller is configured to furl a second end of the banner such that a symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see [0052]) ; an actuator configured to rotate at least one of the first roller and the second roller to thereby adjust which symbol in the plurality of symbols is positioned for display between the first roller and the second roller (see above annotated FIG. 3, elem. 304; [0025],” A smart banner display includes a housing and a shaft located within the housing. The shaft is configured to rotate around an axis relative to the housing. A banner is removably attached to the shaft so that the banner is raised and lowered as the shaft rotates”); and a first processor configured to control the actuator, the method comprising: receiving, at the first processor, from a second processor (see above annotated FIG. 2, elem. 202; FIG.6, elem. 600, 602, 606, 608, 610 and 612; see [0037],”Examples of a controller include, but are not limited to, logic or software executed by a CPU, a SoC, a single board computer, a state machine, a FPGA, or other processor”; [0063], “The housing 602 may also include a processor for receiving the control signals and implementing them to activate the motor 606 and/or other accessories of the banner display 600”; [0064],” the controller 608 is located within a remote device 610 (e.g., a mobile device with installed software). In one embodiment, the controller 608 sends the control signals via a standard IP network 612 to be received by a communication module located within the housing 202 assembly”. First processor is in housing 602, the second processor is described in [0037] ), a command comprising an indication to display a specific symbol in the plurality of symbols; and outputting, to the actuator, instructions to display the specific symbol (see above annotated FIG. 2 elem. 208, 206, 218; [0043],” In another embodiment, the controller 208 comprises a transceiver within the housing 202 and logic implemented within a remote device such as a mobile device, a server, a host, a laptop, a tablet, or the like”).
With respect to claim 24, Mahedy discloses: further comprising, prior to receiving the
command at the first processor, receiving at a remote controller, a user input indicating the specific symbol to display; and sending, by the remote controller, to the second processor, the indication to display specific symbol (see above annotated FIG. 2 elem. 218; [0043]).
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.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mahedy et al. (US 20200020257 A1) in view of Grant et al. (US 8146278 B1).
With respect to claim 5, Mahedy does not disclose: wherein the banner comprises substantially opaque and substantially transparent parts, wherein the substantially opaque and substantially transparent parts of the banner define the symbols of the plurality of symbols.
Grant discloses: wherein the banner comprises substantially opaque and substantially transparent parts, wherein the substantially opaque and substantially transparent parts of the banner define the symbols of the plurality of symbols (see abstract ,” An illuminated display configured for mounting to an automobile flag pole, or alternatively, to a window, the display including a rectangular enclosure having a transparent first side…An interchangeable first panel displaying a first indicia, an interchangeable second panel displaying a second indicia and an opaque middle panel”).
Mahedy and Grant are considered to be analogous to the claimed inventions because both are in the same field of endeavor for displaying indicia or symbols on flags or banners. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify teachings of Mahedy with Grant to more effectively control where illumination pass so the desired indicia is displayed (Col. 3 lines 20-29)
With respect to claim 7, Mahedy does not disclose: wherein the plurality of symbols arranged for display lengthways along the banner comprises a transparent symbol.
Grant discloses: wherein the plurality of symbols arranged for display lengthways along the banner comprises a transparent symbol ( see below annotated FIG. 1, elem. 20 and 14; see abstract,” An illuminated display configured for mounting to an automobile flag pole, or alternatively, to a window, the display including a rectangular enclosure having a transparent first side…An interchangeable first panel displaying a first indicia, an interchangeable second panel displaying a second indicia and an opaque middle panel”).
Mahedy and Grant are considered to be analogous to the claimed inventions because both are in the same field of endeavor for displaying indicia or symbols on flags or banners. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify teachings of Mahedy with Grant to control where illumination pass so the desired indicia is displayed more clearly (Col. 3 lines 20-29)
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Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mahedy et al. (US 20200020257 A1) in view of Makino et al. (US 20140286655 A1) and further in view of Pierce et al. (US 2002/0084648 A1).
With respect to claim 12, Mahedy discloses a banner position control element. (see Mahedy above annotated FIG. 7, elem. 714; [0072],” … 716 may be used to implement a banner position sensor 714 such that the banner identifier 716 may be used to determine the location of the banner…”).
Mahedy does not disclose: wherein the position sensing mechanism comprises a through-beam sensing mechanism comprising a transmitter and a receiver positioned either side of the banner, wherein the transmitter is configured to direct a beam toward the receiver, wherein the receiver is communicatively coupled with the first processor and configured to receive the beam of radiation, wherein each position control element in the plurality of position control elements are positioned along length of the banner such that the position sensing mechanism is configured to sense the position control element associated with the symbol by identifying when the position control element intersects the beam.
Pierce discloses: wherein each position control element in the plurality of position control elements are positioned along length of the banner such that the position sensing mechanism is configured to sense the position control element associated with the symbol (see Pierce below FIG. 2A, elem. 11; Abstract, “Invisible sense marks are provided at spaced locations along the direction of movement and are opto-electronically sensed at each location where an imaging device is provided. The sense marks may be provided so as to define a rule to provide substantially an absolute measure of the position of the web or sheet; see [0010]”, “… Imaging a plurality of sense marks invisible to a naked human eye along the web or sheet, spaced from each other in a first direction”).
Mahedy and Pierce are considered to be analogous to the claimed inventions
because both are in the same field for measuring position. Therefore, it would have been obvious to a
person having ordinary skill in the art before the effective filing date of the invention to modify
teachings of Mahedy with Pierce to enable the position of the banner to be reliably determined based on discrete position references along the length of the banner (see Pierce Abstract).
Makino discloses: wherein the position sensing mechanism comprises a through-beam sensing mechanism comprising a transmitter and a receiver positioned either side of the banner (see Makino below annotated FIG. 6A, elem. 120a, 120b, and 121; FIG. 6B, elem. 120 and 118), wherein the transmitter is configured to direct a beam toward the receiver, wherein the receiver is communicatively coupled with the first processor and configured to receive the beam of radiation (see Makino [0061],” … The optical path 121 is a path through which laser light emitted from a light emitting part 120a to an opposed light receiving part 120b in the photointerrupter 120 passes”).
Mahedy, Pierce and Makino are considered to be analogous to the claimed inventions
because both are in the same field for measuring position. Therefore, it would have been obvious to a
person having ordinary skill in the art before the effective filing date of the invention to modify
teachings of Mahedy and Pierce with Makino to ensure reliable position detection (see Makino [0037] and [0062]).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as
claimed:
Rampersad et al. (US-20110316298-A1) discloses: A device for displaying nautical symbols on a vessel, banner comprising a plurality of symbols, a roller configured to furl ends of banners, actuator, processor, slave and master unit, remote controller
Jones et al. (US-20040111936-A1) discloses a roller configured to furl ends of banners, actuator, processor, slave and master unit and remote controller.
Smith et al. (US-0740939-A) discloses: A device for displaying nautical symbols on a vessel, banner comprising a plurality of symbols, a roller configured to furl ends of banners, actuator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS WILKERSON whose telephone number is (571)270-3141. The examiner can normally be reached M-F, 8:30am to 5:00pm.
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, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS JAWAYNE WILKERSON/Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/Supervisory Patent Examiner, Art Unit 2855
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