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 Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 4, 6-14, 16 & 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brundula (US 2012/0257320).
With regard to claims 1, 4, & 6-8, Brundula, in Figure 1A, discloses a magazine (105) of a conducted electrical weapon (100) comprising: an indicator magnet (112, paragraph 0052) having a first position on the magazine and a first polarity; one or more additional magnets, the one or more additional magnets having respective positions on the magazine and respective polarities (paragraph 0052 teaches that a plurality of magnets are located at one or more positions in the cartridge and that the position and polarity of the magnet may define a code), wherein the one or more additional magnets correspond to a magazine type (paragraph 0025 teaches that the code corresponds to the capabilities of the cartridge which define the magazine type); and a housing (522 of Fig. 5A) configured to be received by a bay (552 of Fig. 5A) of the CEW (re claim 1), wherein the at least one of the indicator magnet and the one or more additional magnets are disposed within the housing (as seen in Fig. 1A) (re claim 4), wherein at least one of the indicator magnet and the one or more additional magnets are at least partially disposed in an interior the housing (as seen in Fig. 1A) (re claim 6), wherein the magazine type corresponds to at least the respective polarities of the one or more additional magnets (paragraphs 0025, 0052 & 0067) (re claim 7), wherein the magazine type corresponds to at least the respective positions of the one or more additional magnets (paragraphs 0025, 0052 & 0067) (re claim 8).
With regard to claims 9-14 & 16, Brundula, in Figure 1A, discloses a magazine (105) for a conducted electrical weapon (100), comprising: a housing (522 of Fig. 5A); and a magnet (112, paragraph 0052) disposed in at least one of an interior or an exterior of the housing (as seen in Fig. 1A the magnet is placed within the housing), wherein the magnet comprises a physical property (polarity and position), and wherein the physical property of the magnet is configured to indicate a magazine type (paragraph 0025 teaches that the code corresponds to the capabilities of the cartridge which define the magazine type) (re claim 9), wherein the magnet is a first magnet of one or more magnetic elements associated with the housing, the one or more magnetic elements further comprising an indicator magnet (paragraphs 0025, 0052 & 0067) (re claim 10), wherein the physical property of the magnet comprises a first position and a first polarity (paragraphs 0025, 0052 & 0067) (re claim 11), wherein the magazine type corresponds to the first position and the first polarity of the magnet (paragraphs 0025, 0052 & 0067) (re claim 12), wherein the indicator magnet has an indicator position and an indicator polarity for the magazine type of the magazine and one or more additional magazine types (paragraphs 0025, 0052 & 0067) (re claim 13), wherein the magnet is disposed proximate to a top of the magazine (as seen in Fig. 1 A the indicator is placed near the top of the magazine) (re claim 14), wherein the housing is configured to be received by a bay (552 of Fig. 5A) of the CEW (re claim 16).
With regard to claims 18-20, Brundula, in Figure 1A, discloses a method performed by a magazine (105) of a conducted electrical weapon (100), the method comprising: receiving, at a first position (top of cartridge), an indicator magnet (112, paragraph 0052) having a first polarity, the first position determined based at least on an indicator detector of the CEW (paragraphs 0025, 0052 & 0067); receiving, at one or more second positions, one or more additional magnets having one or more second polarities (paragraph 0052 teaches that a plurality of magnets are located at one or more positions in the cartridge and that the position and polarity of the magnet may define a code) , the one or more additional magnets having one or more physical properties associated with a magazine type of the magazine; and securing the indicator magnet and the one or more additional magnets in association with a housing (522 of Fig. 5A) of the magazine (re claim 18), wherein the first position disposes the indicator magnet proximate to the indicator detector based at least on the magazine being received within a bay (552 of Fig. 5A) of the CEW (paragraph 0052) (re claim 19), wherein the one or more physical properties of the one or more additional magnets are configured to indicate, via a magazine type detector of the CEW, that the magazine is associated with the magazine type (paragraphs 0025, 0052 & 0067) (re claim 20).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Brudula.
With regard to claim 2, Brudula discloses the claimed invention except that the one or more additional magnets comprise two magnets. It would have been obvious to one of ordinary skill in the art at the time the invention was made to set the number of indicators to provide enough information to accommodate the number of desired of magazine types, since it has been held that discovering an optimal value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Brundula in in view of (Merz (US 6,402,284).
With regard to claim 3, Brundula teaches the device of claim 1.
Brundula does not specifically teach that the first position of the indicator magnet is a fixed first position on the magazine and the first polarity of the indicator magnet is a fixed first polarity.
Merz, in Figure 1, teaches an ink cartridge with particular characteristics which are determined by detecting the existence or absence of magnets at predetermined positions on the ink tank. Merz further teaches that the indicator magnets are attached in fixed positions to the ink tank (column 2, lines 3-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Brundula with Merz, by fixing the indicators at first positions and polarities, for the purpose of ensuring that indicators are securely placed in a position that may reliably read by the detector.
Claims 5, 15 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Brundula in view of Donofrio (US 2008/0045371).
With regard to claim 5, Brundula teaches the device of claim 1.
Brundula does not teach at least one of the indicator magnet and the one or more additional magnets are secured in the first position and the respective positions by one or more mechanical components.
Donofrio, in Figure 31, teaches a device wherein a magnet (1010) is placed near a hall effect sensor (1012). It is further taught that the magnet is secured in position by one or more mechanical components (paragraph 0080).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Brundula with Donofrio, by using the securing methods as taught by Donofrio to secure the magnets to the cartridge, for the purpose of ensuring that that indicators are securely placed in a position that may reliably read by the detector.
With regard to claim 15, Brundula teaches the device of claim 1 wherein the magnet is disposed in the at least one of the interior or the exterior of the housing.
Brundula does not teach that the magnet is disposed by one or more mechanical components.
Donofrio, in Figure 31, teaches a device wherein a magnet (1010) is placed near a hall effect sensor (1012). It is further taught that the magnet is secured in position by one or more mechanical components (paragraph 0080).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Brundula with Donofrio, by using the securing methods as taught by Donofrio to secure the magnets to the cartridge, for the purpose of ensuring that that indicators are securely placed in a position that may reliably read by the detector.
With regard to claim 17, Brundula teaches the device of claim 1 wherein the magnet is disposed in the at least one of the interior or the exterior of the housing.
Brundula does not teach that the magnet is disposed by at least one of a magnetic component or an adhesive component.
Donofrio, in Figure 31, teaches a device wherein a magnet (1010) is placed near a hall effect sensor (1012). It is further taught that the magnet is secured in position by one or more an adhesive (paragraph 0080).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Brundula with Donofrio, by using the securing methods as taught by Donofrio to secure the magnets to the cartridge, for the purpose of ensuring that that indicators are securely placed in a position that may reliably read by the detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT BAUER whose telephone number is (571)272-5986. The examiner can normally be reached M-F 12pm - 8pm EST.
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/Scott Bauer/Primary Examiner, Art Unit 2838
