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 .
DETAILED ACTION
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: SIGNAL LIGHT HAVING A U-SHAPED OR C-SHAPED FLEXIBLE HOUSING FOR A VEHICLE
Claim Objections
Claims 1 and 14 are objected to because of the following informalities: The indefinite article –A—should precede “Signal light” and “Construction machine” on line 1.
Claims 2-13 and 15-18 are objected to because –The—should precede the claim on line 1
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 2 is 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.
Claim 2 recites the limitation "the region-wise flexible property" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 (i.e., changing from AIA to pre-AIA ) 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.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claims 1-6, 9-10 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talga (U.S. PG Publication No. 2011/0058360).
Regarding Claim 1, Talga discloses in Figures 1-6, a signal light, in particular a signal light for a construction machine, working machine, agricultural machine, or a vehicle (the light can be used as an illumination device or warning device for bicycles Para 0002), comprising: a housing (casing 40); at least one lighting element (lighting unit 30) integrated into the housing 40 and configured to visualize a state; wherein the housing 40 comprises a C-shape or U-shape and is flexible in certain regions (The casing 40 is made from flexible material so that it can be attached to objects by side portions 43 which form a u or c shaped cross section Para 0031).
Regarding Claim 2, Talga discloses in Figures 1-6, the signal light according to claim 1, wherein the housing 40 is configured to be elastically deformed with respect to an opening cross section, defined by the ends of the C-shape or U-shape, due to the region-wise flexible property (Para 0031).
Regarding Claim 3, Talga discloses in Figure 4, the signal light according to claim 1, wherein a semicircular opening cross section or a specified opening cross section is formed by the C-shape or U-shape.
Regarding Claim 4, Talga discloses in Figures 1-6, the signal light according to claim 3, wherein the semicircular opening cross section or the specified opening cross section is configured to cause clamping with respect to a counterpart and/or to form a frictional connection or non-positive connection with the counterpart (the casing is designed to grip various objects shown in Figure 8).
Regarding Claim 5, Talga discloses in Figures 1-6, the signal light according to claim 3, wherein the semicircular opening cross section or the specified opening cross section is flexibly deformable (Para 0031).
Regarding Claim 6, Talga discloses in Figures 1-6, the signal light according to claim 1, wherein the housing 40 with the C-shape or U-shape in the first and second dimensions comprises an elongated shape in the third dimension and/or wherein the housing with the C-shape or U-shape comprises a cylindrical shape in a three-dimensional view (the casing is elongated in a third direction shown in Figure 2 in relation to Figure 4).
Regarding Claim 9, Talga discloses the signal light according to claim 1, wherein the signal light comprises an electrical energy supply, in particular a battery 21 or rechargeable battery integrated in the signal light or arranged thereon (batteries Para 0026).
Regarding Claim 10, Talga discloses the signal light according to claim 1, wherein the at least one integrated lighting element 30 is configured as a running light or as a matrix for displaying texts, or images or the like (warning lights for affixing to the tail of a bicycle Para 0002).
Regarding Claim 14, Talga discloses a vehicle (bicycle) comprising a signal light according to claim 1 (Para 0002).
Regarding Claim 15, Talga discloses the vehicle comprises a pipe or a frame or a holder whose cross section substantially corresponds to the opening cross section (the casing 40 can be fixed to an object or frame member of a object being a bicycle vehicle Para 0031).
Regarding Claim 16, Talga discloses in Figures 1-6, the vehicle according to claim 14, wherein the signal light is configured to display one or more states of the the vehicle (tail light of a bicycle displays a tail portion status of said bicycle).
Regarding Claim 17, Talga is seen to disclose the vehicle being informatively connected to the signal light when used as a tail light for a bicycle.
Regarding Claim 18, Talga discloses the system comprising a signal light according to claim 1 as well as a pipe or frame or holder with a specified cross section (the signal light is configured to clasp onto a portion or frame portion of a vehicle such as a bicycle (Para 0031).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Talga (U.S. PG Publication No. 2011/0058360) in view of Ganahl (U.S. Patent No. 10,344,924).
Regarding Claim 7, Talga does not disclose the at least one integrated lighting element 30 is configured to visualize various states with various colors and/or various display frequencies; and/or wherein the at least one lighting element comprises an emission angle greater than 120°, greater than 150°, greater than 180°, or greater than 210°.
Ganahl discloses a portable LED device that can be affixed to various objects including vehicles and or bicycles that can emit at an angle of 180 degrees, 360 degrees and emit a strobe setting or frequency (Col 11, lines 60-Col 12 line 5) for providing a multi use portable lighting device that can emit signals as well as provide omni directional light.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the lighting device that can be controlled to emit in various emission angles as well as provide strobing signal function when affixed to a variety of objects such as bicycles or bikes or other support devices (Col 11, lines 45-55).
Regarding Claim 8, Talga does not disclose the signal light according to claim 1, wherein the signal light comprises a data bus and/or data radio interface via which it may be coupled with a controller or a construction machine, working machine, agricultural machine, or vehicle and/or a component of the machine/the vehicle.
Ganahl discloses in Figure 11A, a wearable portable lighting device with wireless capability (Bluetooth or WiFi for communicating or coupling with a GPS and controller or mobile phone or satellite (Col 7, line 50 To Col line 15). This provides emergency locater features for the wearer by having the capability of broadcasting the location to remote location.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to configure the signal light with a data bus and/or data radio interface via which it may be coupled with a controller to provide emergency locating features for the wearer by having the capability of broadcasting the location to remote location.
Regarding Claims 11-13, Talga does not disclose the signal light according to claim 1, wherein a brightness sensor and/or a temperature sensor is arranged in or on the signal light wherein an inclination sensor or position sensor is arranged in or on the signal light wherein the signal light comprises an integrated buzzer.
Ganahl discloses a portable lighting device that includes a brightness sensor and/or a temperature sensor (photodetector Col 11 lines 40-45) is arranged in or on the signal light wherein an inclination sensor or position sensor (GPS satellite connectivity modules Col 11, lines 40-45) and an integrated buzzer (panic sensor inherently including a buzzer or loud noise function Col 4 lines 1-5).
It would have been obvious to one of ordinary skill in the art to incorporate the features recited in Claims 11-13. All the claimed elements in Talga and Gahahl were known in the prior art and one skilled in the art could have combined the functional feature such as a brightness sensor position sensor or buzzer as claimed with no change in their respective functions, and the combination would have yielded the predictable result providing features that would ensure location discovery and personal protection via buzzer or panic function to one of ordinary skill in the art at the time of filing. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ubhayakar (U.S. PG Publication No. 2022/0252243) discloses a portable work light for industrial vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J MAY whose telephone number is (571)272-5919. The examiner can normally be reached M-F 10AM-3:30pm.
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/ROBERT J MAY/Primary Examiner, Art Unit 2875