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 1 is objected to because of the following informalities: claim 1, line 9, change “proving” to –providing--. Appropriate correction is required.
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(s) 1-5 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over McZilkey; Donald (US 20190208757 A1), in view of JOHN TOSI (US 2252358 A), in view of Morris; Earl F. et al. (US 3913256 A).
Regarding claim 1 McZilkey discloses A visible fish strike indicator (title); (abstract), comprising: a buoyant main housing (200) having a horizontal center axis and a center of gravity beneath the horizontal center axis (Fig. 1), whereby the main housing is configured to normally float in an upright horizontal position on a water body (structurally capable of floating horizontally);
an indicator illumination assembly (300) supported by the main housing, the indicator illumination assembly including: a power source (Fig. 1; 511); [0037] for providing electrical power to the indicator illumination assembly;
an accelerometer (520) interfacing with the power source and receiving the electrical power from the power source, the accelerometer for sensing specific directions and patterns of movement of the visual fish strike indicator [0039], and generating fish strike indicator position data, a microprocessor (540) interfacing with the accelerometer and the power source, the microprocessor for receiving the fish strike indicator position data and generating operation command data based on the specific directions and patterns of movement of the visual fish strike indicator [0040]; an RGB LED system [0037].
McZilkey does not disclose a light-transmissible light housing having a light housing interior detachably supported by the main housing.
Tosi teaches a light-transmissible light housing (Fig. 1; 4); (page 2, lines 5-9) having a light housing interior detachably supported by the main housing (page 1, lines 42-52).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the main housing of McZilkey to include a light-transmissible light housing having a light housing interior detachably supported by the main housing, as taught by Tosi, in order to provide the convenience of replacement of damaged parts.
McZilkey further discloses resistors which would interface with the microprocessor [0036]; (additionally current limiting resistors are well known within the art), but does not explicitly disclose a current limiting resistor system interfacing with an LED system. Morris teaches a current limiting resistor system interfacing with an LED system (Fig. 2; 82); (Col. 5, lines 31-35).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the resistors of McZilkey in view of Tosi to include a current limiting resistor system interfacing with an LED system, as taught by Morris, in order to limit the current connected to the light (Col. 5, lines 31-35), thus preventing excessive current damage and providing a desired level of voltage.
Note that in order to function as intended the combined device of McZilkey, Tosi, and Morris meets the functional limitation requiring the current limiting resistor system configured to receive the operation command data from the microprocessor and provide an electrical current.
Regarding claim 2 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey in view of Tosi, and Morris further discloses wherein the light housing threadably engages the main housing (Tosi; (page 1, lines 42-52)).
Regarding claim 3 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey does not disclose a line attachment cleat extending from the main housing.
Tosi teaches a line attachment cleat extending from the main housing (Fig. 1; 24, 26). It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the main housing of McZilkey in view of Morris to include a line attachment cleat, as taught by Tosi, in order to provide additional line attachments, for wrapping the fishing line in a desired manner.
Regarding claim 4 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey in view of Tosi, and Morris further discloses wherein the line attachment cleat is disposed beneath the horizontal center axis (corresponding to the waterline of Tosi; where the cleat is below the water line, Fig. 2) of the main housing.
Regarding claim 5 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey in view of Tosi, and Morris further discloses wherein the accelerometer is configured to detect an initialization sequence and generate an initialization data (McZilkey; [0046]), wherein the microprocessor is configured to receive the initialization data and send an operation command to the current limiting resistor provide current provided to the RGB LED system (in combination, the device of McZilkey in view of Tosi, and Morris would function as intended since all of the elements required by the claim are disclosed by the prior art, and since McZilkey discloses all of the elements are programmable as desired by a user [0036], thus meeting the functional limitation of the claim).
Regarding claim 11 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey further discloses wherein fish strike indicator data includes a Sleep State pattern, wherein the microprocessor receives the fish strike indicator data and transitions the visual fish strike indicator in a Sleep State [0046].
Regarding claim 12 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey further discloses wherein the fish strike indicator data includes a wake-up pattern, wherein the microprocessor receives the wake-up pattern and activates the visual fish strike indicator [0040]; [0046];.
Regarding claim 13 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey in view of Tosi, and Morris further discloses wherein the fish strike indicator data includes a color change pattern [0041], wherein the microprocessor receives the fish strike indicator data including the color change pattern and provides the operation command data to the current limiting resistor, wherein the current limiting resistor receives the operation command and provides current to the RGB LED system to change the color of the visible light emitted in the light housing.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McZilkey; Donald (US 20190208757 A1), in view of JOHN TOSI (US 2252358 A), in view of Morris; Earl F. et al. (US 3913256 A), further in view of Bainter; James R. et al. (US 20210339836 A1).
Regarding claim 6 McZilkey in view of Tosi, and Morris discloses all of the limitations of claim 1. McZilkey in view of Tosi, and Morris does not disclose a Self-Test sequence. Bainter teaches a self-test sequence [0055].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the microprocessor and accelerometer of McZilkey in view of Tosi, and Morris to begin a self-test sequence, as taught by Bainter, in order to relay to a user that all elements are functioning appropriately [0056-58].
Regarding claim 7 McZilkey in view of Tosi, Morris, and Bainter discloses all of the limitations of claim 6. McZilkey in view of Tosi, Morris and Bainter further discloses wherein the microprocessor is configured to receive a voltage value from the power source and compare the power source voltage value to a predetermined voltage value [0058].
Regarding claim 8 McZilkey in view of Tosi, Morris, and Bainter discloses all of the limitations of claim 6. McZilkey in view of Tosi, Morris and Bainter further discloses a sleep mode (Bainter; [0055]), but does not explicitly disclose wherein the microprocessor places the fish strike indicator in Sleep Mode when the microprocessor determines that power source voltage value is less than the predetermined voltage value.
However, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the sleep mode of McZilkey in view of Tosi, Morris and Bainter to include placing the fish strike indicator in sleep mode when the microprocessor determines that power source voltage value is less than the predetermined voltage value in order to conserve power.
Regarding claim 9 McZilkey in view of Tosi, Morris, and Bainter discloses all of the limitations of claim 7. McZilkey in view of Tosi, Morris and Bainter further discloses wherein the microprocessor sends a command data to the current limiting resistor to provide the electrical current to the RGB LED system to emit light when the microprocessor determines that the power source voltage level is greater than the predetermined voltage value (Bainter; [0061]; corresponding to, in order to pass the test the voltage must be above 2.6V, and thus a green light is emitted).
Regarding claim 10 McZilkey in view of Tosi, Morris, and Bainter discloses all of the limitations of claim 6. McZilkey further discloses wherein the accelerometer senses fish strike data [0040], and provides the fish strike data to the microprocessor, wherein the microprocessor receives the fish strike data and provides a fish strike command data to the current limiting resistor, wherein the current limiting resistor receives the fish strike data and provides multiple currents to the RGB LED system for causing the RGB LED system to emit in multiple color and varying speeds [0036-37].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to fish strike indicators similar to the disclosed invention.
US 2869274 A
US 2544968 A
US 2464309 A
US 2517479 A
US 2777238 A
US 3528188 A
US 20170079257 A1
US 20180055028 A1
US 4697374 A
US 20190208757 A1
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644