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 .
Claim Objections
Claim 10 is objected to because of the following informalities: "wherein back of each" is idiomatically incorrect and should be -wherein a back of each-. Appropriate correction is required.
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 1-10 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 claims are replete with indefiniteness errors. A list of found errors is written below. Applicant is requested to correct the noted errors and to review all claims to correct any others.
In the claims, whether “color block” and “color block area” are different structures or the same is unclear.
Claim 1 lacks antecedent basis for “the basis” in line 2. The limitation has been read as -a basis-.
Claim 1 lacks antecedent basis for “the corresponding red and blue.”
Claim 1 lacks antecedent basis for “the sum.”
Claim 1 lacks antecedent basis for “the current number of hours.”
Claim 1 redundantly recites “represent current number of hours.” Whether this limitation refers to the previous current number of hours or a new one is unclear.
Claim 1 recites “it.” What “it” refers to is unclear.
Claim 1 recites “the current number of minutes” without antecedent basis.
Claim 1 lacks antecedent basis for “the side length values of yellow.”
Claim 1 lacks antecedent basis for “the side length values of the corresponding red.”
Claim 1 lacks antecedent basis for “the corresponding time.”
Claim 1 lacks antecedent basis for “the selected color block.”
Claim 1 recites “backs of color blocks.” Whether “color blocks” refers to one of the previous recited color blocks or a new one is unclear.
In claim 1, which color blocks are associated with which side lengths to calculate hours and minutes is unknown. The claim therefore omits the essential elements/structural relationships between color block colors and color block side lengths for performing the recited calculations/sums.
Claim 2 recites “backs of said six color blocks.” Whether these “backs” refer to one of the previously recited backs or a new set of backs is unclear.
Claim 2 recites “the color blocks” in line 3. Which color blocks this limitation refers to is unclear.
Claim 2 recites “backs of said six.” Whether these backs refer to the same backs recited in claim 1 is unclear.
Claim 3 lacks antecedent basis for “the sum” in line 3.
Claim 3 lacks antecedent basis for “the yellow color block area,” “the red and blue color block areas,” “the green and blue color block areas,” “the purple color block area.”
Claim 3 lacks antecedent basis for each of “the side length value of the…[area(s)].”
Claim 4 lacks antecedent basis for “the calculation.”
Claim 4 lacks antecedent basis for “the white color block area.”
Claim 6 lacks antecedent basis for “the display color.”
Claim 6 lacks antecedent bases for “the value of the time.”
Claim 6 recites “display of time.” Whether this display of time is the same as claim 1’s display of time is unclear.
Claim 7 lacks antecedent basis for “the user.”
Claim 7 lacks antecedent basis for “the time.”
Claim 8 lacks antecedent basis for every limitation except “a program,” “the Fibonacci sequence,” and “the program.” Whether claim 8 is meant to be independent to dependent is unclear. For the purposes of examination, it has been read as independent.
Claim 9 redundantly recites “a first color block area,” “a second color block area,” “a third color block area,” “a fourth color block area,” “a fifth color block area,” and “a sixth-color block area” in lines 6-10. Whether these limitations refer to the previously recited areas or new ones is unclear. For the purposes of examination, they have been read as referring to the previously recited areas.
Claim 10 lacks antecedent basis for “the color block display.” Whether this limitation refers to one structure from claim 9, multiple structures in claim 9, or a new structure is unclear.
Claim 10 recites “a seven-color LED light array,” but claim 9 recites the same. Whether claim 10 refers to claim 9’s array or a new one is unclear.
Claim 10 recites that something will display six colors of red, green, blue, yellow, purple, and white respectively. What respectively displays the six colors—the six seven-color LED light arrays on each of the areas, or one seven-color LED light array, or the color block display—is unclear.
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.
Claim 8, as best understood, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (CN 116627016).
Regarding claim 8, Huang teaches a program of a clock timing method based on the Fibonacci sequence ([0001]), which is used to control the LED light arrays ([0002]) so that the color block areas displays corresponding combination of colors to indicate a specific time point ([0012]), and the program is capable of corresponding to 780 time points in minutes within a time range of 0:00 to 12:59 ([0011]-[0012] and Fig. 1 disclose a method for calculating minutes that has the claimed granularity).
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.
Claim 9, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Clegg et al. (US 20050257337).
Regarding claim 9, Huang discloses (Fig. 1) a clock timing device based on the Fibonacci sequence ([0001]), including a physical frame (1), and six square color block areas (2-7) are provided in a space area formed in a middle of the physical frame (Fig. 1), and the six square color block areas include a first color block area (2), a second color block area (3), a third color block area (4), a fourth color block area (5), a fifth color block area (6), and a sixth color block area (7); wherein, a first color block area corresponds to side length 1, a second color block area corresponds to side length 1, a third color block area corresponds to side length 2, a fourth color block area corresponds to side length 3, a fifth color block area corresponds to side length 5, and a sixth color block area corresponds to side length 8 (Fig. 8); and each color block area is controlled by an LED light array to display different colors ([0005], [0010]-[0011]).
Huang does not show the LED light array being a seven-color LED light array.
Clegg teaches a seven color LED module (abstract).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Huang’s LED light array LEDs for Clegg’s LEDs so that the array can display seven-colors. One of ordinary skill in the art would have been motivated to make this substitution to provide a colorful, aesthetic display that improves visual clarity for readers by differentiating between different areas.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chretien discloses (FibonacciClock.pdf) a Fibonacci clock that displays hours and minutes in 5 minute increments.
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/MATTHEW DANIEL HWANG/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
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