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 . Claims 1-7 are pending in the current application.
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.
Claims 1-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Specifically, Claim 1 is rejected since it is not clear what is meant by the language “the interchangeable label the light pipe” recited in line 21.
Regarding Claim 1, the 3rd to the last line, the language “any element of the rocker assembly” is indefinite.
Claim Rejections - 35 USC § 103
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zuniga (U.S. Pat. Pub. No. 2021/0296066 A1) in view of Asante (U.S. Pat. Pub. No. 2017/0318958 A1) and further in view of Allen et al. (U.S. Pat. Pub. No. 2021/0149451 A1, hereinafter “Allen”).
Specifically, regarding Claim 1, Zuniga discloses an electrical switch to control an electrical circuit (Abstract, FIG. 1A) comprising: a switch body including a first terminal (104; ¶ [0046]) for electrical connection to a first lead (conductive trace) of the electrical circuit (¶ [0046], FIG. 1C) and a second terminal (104) for electrical connection to a second lead (conductive trace) of the electrical circuit (inherently disclosed at, e.g., ¶ [0046], FIG. 1C), a rocker assembly (200) including a rocker (108a, 108b), a light pipe (234) arrangeable proximate a rear surface of the rocker assembly (200; FIG. 1D), a cover (202, 214) arrangeable proximate a front surface of the rocker assembly (200), a slot (232; ¶ [0037]) on a surface of the cover (202, 214) for insertion of the interchangeable label (304; FIG. 1B) between the light pipe (234) and the cover (202, 214; FIG. 1C), an interchangeable label (304) arrangeable proximate a rear surface of the rocker (FIG. 1F), a light pipe (234) arrangeable proximate a rear surface of the interchangeable label (304; ¶ [0038]), wherein interchangeable label (304) can be removably coupled to the light pipe (234) via at least one adhesive surface (¶ [0038]), a plurality of illuminating elements (500b; FIG. 5A, (¶ [0067]), wherein each of the plurality of illuminating elements (500b) comprises a tri-color light-emitting diode (LED; ¶¶ [0008], [0056]), wherein the rocker is pivotable between a first position and a second position such that the electrical circuit is energized when the rocker is in the first position and deenergized when the rocker is in the second position (¶ [0013]), wherein the cover comprises a transparent material and is arrangeable proximate the interchangeable label the light pipe when the electrical switch is in use (¶ [0042], FIG. 1B), wherein a controller having electrical communication with each of the illuminating elements (500b) is configured to change a display state of at least one illuminating element of the plurality of illuminating elements (500b) in response to a signal received (¶ [0009]) via a communication interface (¶ [0049]) and wherein the communication interface comprises a wireless interface (¶ [0014]), wherein a conductive trace electrically couples each illuminating element of the plurality of the illuminating elements (500b) to the electrical circuit controlled by the electrical switch (a trace in which terminals of 500b are inserted into 236b; FIG. 5A), such that the illuminating element is powered by the electrical circuit, wherein a power source independent of the electrical circuit, such that the illuminating element is powered by the power source (¶ [0011]).
Zuniga does not disclose (i) that the cover is couplable to the cover base through a hinge, wherein the hinge comprises a pin and knuckles and arrangeable proximate a front surface of the interchangeable label, and (ii) that any element of the rocker assembly can comprise a ferromagnetic material such that the interchangeable label is magnetically affixable within the rocker assembly.
However, Asante discloses (i) that the cover (5; FIG. 9A) is couplable to the cover base (6; FIG. 9A) through a hinge (8; FIG. 9A), wherein the hinge comprises a pin and knuckles (FIG. 9A). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Asante with those of Zuniga to provide a cover arrangeable proximate a front surface of an interchangeable label for ease of label changeability.
The combination of Zuniga and Asante discloses substantially all of the limitations of the present invention but does not disclose the claimed ferromagnetic material. However, Allen discloses that any element of the rocker assembly can comprise a ferromagnetic material such that the interchangeable label is magnetically affixable within the rocker assembly (¶¶ [0069], [0087]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Allen with those of Zuniga and Asante to secure end-user positional feedback to a rocker assembly.
Regarding Claim 2, Zuniga discloses that the interchangeable label (304) can comprise a label (304), sticker, decal, or other interchangeable decorative element and wherein the interchangeable label (304) can be partially transparent or translucent (¶ [0038]).
Regarding Claim 3, Zuniga discloses that the interchangeable label (304) can be removably coupled to the cover (202, 214) via at least one adhesive surface (¶ [0038]).
Regarding Claim 4, Zuniga discloses that changing the display state of the at least one illuminating element comprises one or more of: changing a color of the at least one illuminating element, changing a light intensity of the at least one illuminating element, or changing a flash rate of the at least one illuminating element (¶ [0009]).
Regarding Claim 5, Zuniga discloses that the interchangeable label (304) comprises a user-comprisable identifier on a front surface of the interchangeable label (304), such that the interchangeable label (304) indicates a property of the electrical circuit controlled by the electrical switch (¶ [0039]).
Regarding Claim 6, Zuniga discloses that the interchangeable label (304) at least partially comprises a light-transmitting material, such that a light generated by the illuminating element can be seen at a front surface of the interchangeable tile (¶¶ [0038], [0039]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Zuniga, Asante, and Allen.
The combination of Zuniga, Asante, and Allen, discloses substantially all of the limitations of the present invention (see, e.g., the discussion of Claim 1 above) but does not disclose the claimed kit. However, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the elements of the combination of Zuniga, Asante, and Allen, as a kit to upgrade or provide positional status identification to a switch since it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex. parte Masham, 2 U.S.P.Q. 2d 1647 (1987).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Zuniga (U.S. Pat. Pub. No. 2018/0137999 A1) discloses a rocker switch utilizing first and second terminals and an illuminating element but does not disclose the claimed hinge.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R. JIMENEZ whose telephone number is 313-446-6518. The examiner can normally be reached Monday through Thursday, 1030am - 9pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke, can be reached at (571) 272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY R JIMENEZ/Primary Examiner, Art Unit 2831
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