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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority. It is noted, however, that applicant has not filed a certified copy of the priority documents as required by 37 CFR 1.55.
Drawings
The drawings filed November 5, 2024 are accepted.
Abstract
The Abstract filed November 5, 2024 is accepted.
Specification
The specification filed November 5, 2024 has been entered.
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 – 18 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.
Independent claim 1 recites the limitations “substantially”. The word “substantially” is a vague and broad concept that fails to define a particular or clear size, shape or configuration and therefore is considered indefinite because the metes and bounds of the claimed subject matter cannot be fully ascertained.
Claims 1, 2, 3, 8, 9, 12, 15 and 18 recite the phrase “apparent light sources”. The word “apparent” doesn’t expressly defines what constitutes an “apparent” light source in terms of structure, therefore lacking clarity as to whether or not an actual light source, such as an LED or optical element, is being claimed. Specifically, it is not clear whether the “plurality of light emitting elements” and the “plurality of apparent light sources” are one and the same element. For example, claim 15 recites “wherein an optical coupling element is arranged between a light emitting element and its corresponding apparent light source” which appears to differentiate between the light emitting element and the apparent light source as separate or different structures. Because the claimed subject matter lacks clarity it is considered indefinite.
Claims 2 – 18 are rejected due to their dependance on 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 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg et al. (US 7,913,405).
With respect to claim 1, Berg et al. discloses a target (20, 30) for use in surveying applications, said target comprising a base element (22) having a central axis (i.e. vertical axis); a reflector (24a, 24b, 25a, 25b) for reflecting light beams being incident on said target, said reflector including a plurality of retroreflectors (24a, 24b, 25a, 25b) arranged around said central axis to cover an angular area of 360 degrees (See Figure 3; column 7, lines 56 – 62), wherein said reflector has an outer circumference and an inner circumference as defined by the arrangement of the retroreflectors and wherein a retroreflector has a first side located at the outer circumference and a second side located at the inner circumference; and a plurality of light emitting elements (LED’s) providing a plurality of light sources (26a, 26b) arranged around said central axis, wherein a light source is positioned within the inner circumference of the reflector for emitting light in a direction away from the central axis of the base element (See Figure 3, for example).
PNG
media_image1.png
532
410
media_image1.png
Greyscale
Referring to claim 16, Berg et al. shows a target wherein each light emitting element is a light emitting diode (26a, 26b).
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:
Feist (US 6,185,055) discloses an all-around reflector for retroreflection of beams which comprises, as reflectors, triple prisms with round light entrance surfaces, wherein the triple prisms are arranged in a housing in such a way that their light entrance surfaces are part of the circumferential surfaces of the housing.
Zein Eddine et al. (US Pub. No. 2026/0177383 A1) discloses a surveying pole and target, the target comprising a corner cube prism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA GUADALUPE-MCCALL whose telephone number is (571)272-2244. The examiner can normally be reached Mon -Thu, 8:00am - 6:00pm.
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 E 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
October 6, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
