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 .
Allowable Subject Matter
Claims 3-6, 9-15 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Gibson reference (discussed in greater depth infra), which is the prior art closest to Applicants’ claimed invention, and there would be no obvious reason to modify Gibson to the extent necessary to satisfy each of Applicants’ pertinent limitations.
With respect to claims 3-4, 9 and 21 (and claims 5-6 and 10-15 depending therefrom), the provision of a plurality of constituent layers on an illuminated sign assembly is well known (see Gibson fig. 2), but providing Gibson with the particular arrangements of layers that Applicants’ aforementioned claims require would likely obscure Gibson’s embedded LED light panel 13, thus interfering with the ability of the Gibson sign to convey its intended “STOP” and “SLOW” messages.
In view of the foregoing, the modifications necessary to satisfy each of Applicants’ claim limitations would be likely to render the Gibson assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such multilayer internally-backlit sign assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 3-6, 9-15 and 21 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Note that any change to the scope of the claimed invention related to the aforementioned claims may potentially affect the determinations/treatment of claims set forth supra.
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 1-23 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 claim 1 recitation of “the diffuser panel substantially parallel to a front surface of the diffuser panel” is unclear, as it is unknown how the diffuser panel can be parallel to (and thus at least minimally spaced apart from) a front surface of itself. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-23 are rejected as depending (directly or indirectly) from rejected independent claim 1.
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 1-2, 7-8 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2006/0012486 to Gibson et al. (“Gibson”).
Regarding claim 1, Gibson anticipates a portable (per para. 10, the assembly may be hand held by a person) illuminated (per para. 10, the assembly may contain an LED light panel) sign (e.g. traffic control sign assembly 10, as shown in fig. 1 and discussed at para. 51), comprising: i) a sign portion (e.g. sign 11 and components carried thereon, as shown in fig. 1 and discussed at para. 51), the sign portion (11 and components carried thereon) comprising indicia (e.g. “STOP” and “SLOW” wordings formed on diffused prismatic panels 14 in figs. 1-2) to be illuminated (per para. 57, aforementioned “STOP” and “SLOW” wordings are formed of round apertures 41 that allow LED light to pass therethrough), ii) an internal (fig. 2) light source (e.g. light panel 13, as shown in fig. 2 and discussed at para. 51) comprising one or more LEDs (e.g. LED lights 22, as shown in fig. 2 and discussed at para. 56) and iii) a diffuser panel (e.g. diffused prismatic panels 14, as shown in figs. 1-2 and discussed at para. 51-52) underlying (fig. 2) an area (e.g. spatial area of aforementioned “STOP” and “SLOW” wordings, as shown in figs. 1-2) of the indicia to be illuminated (aforementioned “STOP” and “SLOW” wordings), the LEDs (22) being configured to direct light into (fig. 2) the diffuser panel (14) substantially parallel to (fig. 2) a front surface (e.g. outward-facing surfaces, as shown in fig. 2) of the diffuser panel (14); and iv) a handle (e.g. handle assembly 16, as shown in fig. 1 and discussed at para. 51) affixed to (fig. 1) the sign portion (11 and components carried thereon), the handle (16) comprising a power source (e.g. batteries 15, held within battery/power source compartments 23, as shown in fig. 10 and discussed at para. 62) for the internal light source (13).
Regarding claim 2, Gibson anticipates the sign of claim 1, the internal light source (13) further comprising a reflector panel (e.g. mirror type material discussed at para. 56) positioned adjacent (para. 56 and fig. 2) the diffuser panel (14) for reflecting light emanating from (para. 56; note that the instant claim is drawn to a sign- not a method of operation thereof) the diffuser (14) towards the indicia (aforementioned “STOP” and “SLOW” wordings).
Regarding claim 7, Gibson anticipates the sign of claim 1, wherein one or more weather tight seals (silicone glue fastening means 25, as discussed at para. 65) are provided along a perimeter (e.g. perimeter of at least in region of LED light panel 13, as shown in fig. 14) of the sign portion (11 and components carried thereon).
Regarding claim 8, Gibson anticipates the sign of claim 1, wherein a weather tight sealing element (silicone glue fastening means 25, as discussed at para. 65) spans a width (e.g. width in the region of LED light panel 13, as shown in fig. 14) of the sign portion (11 and components carried thereon) and extends around a perimeter (e.g. perimeter of at least in region of LED light panel 13, as shown in fig. 14) of the sign portion (11 and components carried thereon).
Regarding claim 16, Gibson anticipates the sign of claim 1, the sign portion (11 and components carried thereon) further comprising a frame (e.g. control consoles 12, as shown in figs. 1-2) surrounding (figs. 1-2) the indicia (aforementioned “STOP” and “SLOW” wordings).
Regarding claim 17, Gibson anticipates the sign of claim 16, wherein the frame (12) defines the visible area (figs. 1-2) of the indicia to be illuminated (aforementioned “STOP” and “SLOW” wordings).
Regarding claim 18, Gibson anticipates the sign of claim 16, wherein the frame (12) seals the sign portion (11 and components carried thereon) in a weather tight manner (para. 65).
Regarding claim 19, Gibson anticipates the sign of claim 16, wherein the handle (16) is affixed to (fig. 23) the frame (12).
Regarding claim 20, Gibson anticipates the sign of claim 1, wherein the indicia (aforementioned “STOP” and “SLOW” wordings) comprise two indicia (e.g. “STOP” and “SLOW”, as shown in fig. 2), each of the two indicia (aforementioned “STOP” and “SLOW”) positioned on a respective opposite side (fig. 2) of the diffuser panel (14).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gibson.
Regarding claim 22, Gibson discloses the sign of claim 1, but does not disclose wherein the diffuser panel (14) is substantially octagon-shaped.
However, such a configuration would have been an obvious matter of design choice.
As such, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the aforementioned diffused prismatic panels 14 with an octagon shaping, in order to provide the benefit of yielding an overall sign assembly having an aesthetic appearance as desired.
Regarding claim 23, Gibson discloses the sign of claim 1, but does not disclose wherein an area to be illuminated by (fig. 2) the diffuser panel (14) is substantially octagon-shaped.
However, such a configuration would have been an obvious matter of design choice.
For the reasons set forth in the rejection of claim 22, supra, it would have been obvious to provide the aforementioned diffused prismatic panels 14 with an octagon shaping.
Response to Arguments
In response to Applicants’ claim amendments, the aforementioned Gibson reference has been reconsidered, and an amended interpretation of such is applied within the instant Office Action. Accordingly, Applicants’ arguments have been considered, but are moot because the new ground of rejection relies on an interpretation not specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
