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 .
Specification
The abstract of the disclosure is objected to because the word “flight” in line 7 of the Abstract should be replaced with –light--. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Paragraph 8, Line 10: The second word “and” should be replaced with –an--.
Paragraph 8, Line 15: The second word “and” should be replaced with –an--.
Paragraph 18, Line 3: The word “even” should be replaced with –event--.
Paragraph 28, Line 3: The word “hinger” should be replaced with –hinge--.
Paragraph 56, Line 2: The specification states that Figure 12 illustrates an anchor portion “and a pivotally attached to the anchor portion”. A pivotally attached what?
Paragraph 79, Line 14: There are no quick release electrical connectors numbered “96” anywhere in Figure 7.
Paragraph 79, Line 15 A word –of—is needed before “the enclosure”.
Paragraph 94, Line 3: The word “one” has been repeated in this line.
Paragraph 95, Line 12: The word “of” should be replaced with –or--.
Paragraph 97, Line 5: A space is needed in the phrase “226on”.
Paragraph 115, Line 10: The word “and” should be replaced with –an--.
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.
Claims 1, 6, 8-11, 14, 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yudelevich et al [U.S. 11,554,715] (supplied by applicant) in view of Sugiyama et al [U.S. 5,982,969].
For claim 1, the indicator apparatus (Abstract: stop sign) taught by Yudelevich comprises the following claimed subject matter, as noted, 1) the claimed mount unit is met by the drive unit (No. 12) comprising a first base plate (rear wall No. 90), wherein the first base plate is configured to be secured directly to a vehicle (Col. 10, Lns. 35-36: the rear wall of the rear shell against the side wall of a school bus), 2) the first pivotal arm assembly is met by the school bus stop arm (No. 10) comprising 3) a first indicator (stop sign No. 14) assembly comprising 4) a frame unit (Nos. 62 and 64) comprising a plurality of connected peripheral members bordering and enclosing a first indicator along at least a portion of a perimeter edge thereof (see Figs. 1 and 2), 5) a first hinge unit (No. 16) comprising a fixed portion (outer shell Nos. 86 and 88) affixed directly to the first base plate, and 6) a moving portion (No. 18) pivotally affixed at a first end (No. 22) to the fixed portion and affixed, at a second end opposite the first end (No. 20), to the first indicator assembly (Nos. 30 and 32), wherein the moving portion is configured to pivot relative to the first base plate and the fixed portion (i.e., compare position of Figure 12A to position of Figure 13A), wherein the first hinge unit is configured to pivot the first indicator of the first indicator assembly from a retracted position (Figs. 13A and 13B) to a deployed position (Figs. 12A and 12B) such that a portion of the first indicator assembly is disposed further from the mount unit in the deployed position thereof (Col. 1, Lns. 18-20: from a retracted position near the school bus wall to a deployed position extending from the wall), 7) a first drive unit (motor No. 106) affixed to the first base plate (Fig. 10) and operably linked to the first pivotal arm assembly (driven output shaft No. 126) to move the first indicator between the retracted position and the deployed position based on a selective user input (Col. 12, Ln. 38: driver controls), and 8) a lighting assembly (Fig. 4) comprising 9) a plurality of light elements (light sources No. 46) and 10) a control unit (Col. 11, Lns. 36-37: controller (e.g., microcontroller)) in operable communication with the plurality of light elements and configured to cause at least one of the light elements to illuminate based on one of the first selective user input (Col. 12, Lns. 49-50: illumination control wires are connected to the controller on the PCB to selectively activate the stop sign illumination and optional flashers when the stop sign is deployed). However, the light elements are not tubular-shaped in serial alignment with other light elements and are disposed adjacent to and along at least a peripheral portion of at least one of the first indicator assembly and the first hinge unit.
Tubular-shaped lighting units have been used in the prior art for many years for many different applications. The optical transmission tube and linear illuminant system taught by Sugiyama comprises a tubular cladding and a core within the cladding that scatters light outside the tube for display purposes. The cladding is even constructed out of flexible materials (Col. 4, Lns. 53-55) that are moldable and have a low index of refraction. Furthermore, the lighting elements can be flexed and molded into a shape that can be in a peripheral portion of a sign board (Fig. 10) with at least two light sources (No. 2) connected serially. Also, Figure 18 depicts the optical transmission tube used in a triangular emergency stop sign (No. 9) used to inform drivers on a road.
The Sugiyama reference plainly shows that tubular lighting elements can and have been used in road warnings as well as signs to increase visibility thereof. And the Yudelevich reference includes a lighted sign used on a roadway that would require increased visibility to alert cars to possible dangers, especially in the realm of school bus loading and unloading. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a tubular lighting element in the system of Yudelevich in order to take advantage of a noticeable lighting system to call attention to a possibly dangerous situation.
For claim 6, the Sugiyama reference depicts the plurality of light elements disposed adjacent and along portions of the sign board (Fig. 10). The Yudelevich reference depicts a frame unit to apply said lighting elements to.
For claims 8 and 9, the lights in Yudelevich may be operated in a flashing mode or a strobing mode (Col. 2, Lns. 7-9). The Sugiyama reference uses LEDs that may be intermittently operated (Col. 8, Ln. 14).
For claim 10, the user of Yudelevich may select its operating mode using a switch (Col. 17, Lns. 3-5).
For claim 11, brightness levels of the strobe functions in Yudelevich can be set by sequential activation of a button (Col. 17, Lns. 42-43).
For claim 14, the tubular cladding of Sugiyama is flexible while Figures 10 and 18 depicts at least two segments that are angularly adjusted to each other.
For claim 16, Figures 6A through 6C of Yudelevich illustrate two frame components that attach together to hold the stop sign. Figure 5 depicts a U-shaped channel (No. 68) that spans around the octagonal space that engages and fastens the stop sign.
For claim 17, the U-shaped channel (No. 68) of Yudelevich seen in Figure 5 can also be interpreted as a passage disposed along a surface of the two frame components seen in Figures 6A through 6C that are removably affixed together. The channel is also disposed along a surface along a surface of the peripheral members of the frame that are opposite another peripheral portion of the peripheral members (i.e., inside surface is opposite the outside surface).
For claim 19, Figures 6A through 6C of Yudelevich illustrate the frame components are configured for snap-fit placement of the stop sign therein.
Claims 2, 4, 5, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yudelevich et al in view of Sugiyama et al as applied to claim 1 above, and further in view of Geyer et al [U.S. 9,245,465] (supplied by applicant).
For claim 2, the arm of Yudelevich does not comprise interconnected frame members between the two ends of the moving portion with the first indicator affixed to one end of the moving portion on an opposed side of the outline wherein at least a portion of light elements are disposed adjacent to and along one or more of the interconnected frame members.
Frame members have been used in school bus stop signs. The safety breakaway arm extension taught by Geyer teaches a frame or arm that is attachable to and detachable from a first frame (see Fig. 10). Furthermore, the indicator assembly, in this case a stop sign, found in Geyer also includes a plurality of lights that can be attached via a wiring harness (Fig. 15) in order to power said lights.
The obvious advantage of the extension arm of Geyer is that it heightens the awareness to other drivers as to the bus driver’s intention to stop and load or discharge passengers (Col. 1, Lns. 49-52). Not only is the extended stop sign more noticeable, it can also serve as a makeshift barrier to automobiles either passing the bus or coming in the other direction, thereby reducing the possibility of an injured child. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an arm with interconnected frame members attached to the indicator assembly of Yudelevich for the purpose of providing an added layer of safety to the system in order to prevent accidents and injuries.
The lighting devices found in Sugiyama can take a myriad of different shapes and locations. To install the light elements along the frame members is considered one possible location to place these lights for maximum noticeability.
For claim 4, Figure 13 of Geyer depicts the breakaway arm extension as well as a removable wiring harness (Nos. 38 and 39) to power the lighting elements.
For claim 5, the exact location of the lighting elements is best left to a user of the system. As noted above, the flexibility of the Sugiyama lighting elements does not limit the configuration or location of the elements. Anywhere along the frame or stop sign would be considered an obvious location for the lights and is not considered a patentable innovation.
For claim 20, the Geyer reference also includes a removable wiring harness (No. 40) with a male and female connector (Nos. 38 and 39).
Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yudelevich et al in view of Sugiyama et al as applied to claim 1 above, and further in view of Phillips et al [U.S. 6,094,849] (supplied by applicant).
For claim 13, the lighting elements taught by Sugiyama do not contain an adhesive strip attached thereto to adhere to the peripheral portion of either the first indicator assembly and the first hinge unit.
Using adhesives to attach lighting elements to sign is not new in the prior art. The edge-lit sign taught by Phillips uses an electro-luminescent material (Fig. 1) that can attach to the periphery or outline of a sign (Figs. 2a and 2b). In one embodiment, a front ply (No. 8) may be coated with adhesive so that it will be self-adherent to the edge of a sign board (Col. 3, Lns. 40-42).
The Phillips reference plainly shows that adhesive can and has been used to attach lighting elements to the edge of signs. And the Yudelevich reference presents a perfect setting to attach the lighting elements of Sugiyama using said adhesive. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use adhesive to attach the lighting elements to the sign of Yudelevich in order to take advantage of a simple and inexpensive attachment method.
For claim 18, the adhesive found in the Phillips reference would make an ideal fastening method to engage and secure the light elements of Sugiyama to the frame member of Yudelevich.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Yudelevich et al in view of Sugiyama et al as applied to claim 1 above, and further in view of Curic [US 2015/0228211].
For claim 15, the frame unit in Yudelevich does not comprise at least two of the peripheral members that are pivotally connected.
Frames having pivoted members are not new in the prior art. The device for presenting information taught by Curic uses a frame for presenting information carriers such as posters, pictures, and advertisements having a frame (No. 2) therein. In one embodiment seen in Figure 5, a pivotal joint (No. 50) that allows one frame part (No. 2a) to rotate in order to load the information carrier.
The obvious advantage of the Curic reference is that it presents a frame that allows quick replacement of the indicator held therein. And the Yudelevich reference uses a frame that would require a quick and easy replacement of the indicator. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include pivotally connected frame members of Yudelevich for the purpose of allowing the user to easily and quickly change the indicator as needed.
Claims 3, 7, and 12 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:
Each objected dependent claim presents a very specific embodiment of the indicator apparatus that is not found in any obvious combination of the prior art. For example, while extended arms having interconnected frame members have been taught in the prior art, there is no mention of one or more channels within the frame members with two openings defined to carry wiring connecting one or more light elements. Also, each light element of the portion of the plurality of light elements having a narrower width than a respective connected peripheral member to which it is disposed adjacent to whereby illumination emitted from each light element is directed towards regions not including that occupied by the first indicator is also unobvious. The same is true of the plurality of light elements comprising one or more internal illuminating device disposed within a segment of tubular casing having ends comprising a silicone cap that also includes a passthrough configured to allow wiring from one of the control unit or another light element therethrough to connect with the one or more internal illuminating device.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hicks, Jr. [U.S. 4,456,126] is a safety kit having a tubular light along the edges of a sign.
Barwick et al [US 2015/0033628] is a pivotable arm adjacent a door jamb.
Geyer et al [U.S. 12,214,719] includes a mount unit for an indicator arm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A. TWEEL JR whose telephone number is (571)272-2969. The examiner can normally be reached M-F 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAT
3/26/2026
/JOHN A TWEEL JR/Primary Examiner, Art Unit 2689
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