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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 9,872,364. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below). Claims 2-15 and 17-19 are also rejected as being dependent on claims 1 and 16.
Instant Application
US Patent No. 9,872,364
1. A visible stanchion comprising:
a circular base;
a transparent tube coupled to the circular base; an inner tube positioned inside of and along the axis of the transparent tube;
a base circuit board positioned at the base of the inner tube;
and an inner circuit board, positioned inside the inner tube, including a plurality of light emitting diodes (LEDs), wherein the light emitting diodes provide a plurality of colors.
1. A [portable] visible stanchion comprising:
a circular base
[including a circular weight, a ring coupled to the outside wall of the circular weight, and a circular, hollow cone shape base cover coupled to the ring];
a transparent tube coupled to the circular base;
an inner tube positioned inside of and along the axis of the transparent tube;
[a cap removably attached to the transparent tube, the cap including signage with branding; a sleeve with branding removably positioned inside the transparent tube;]
a base circuit board positioned at the base of the inner tube;
[a Universal Serial Bus (USB) power supply positioned inside the circular base;]
and an inner circuit board, positioned inside the inner tube, including a plurality of light emitting diodes (LEDs), wherein the light emitting diodes provide a plurality of colors.
16. A visible stanchion comprising:
a circular base including a circular weight,
a ring coupled to the outside wall of the circular weight,
and a circular, hollow cone shape base cover coupled to the ring;
a transparent tube coupled to the circular base through a circular aperture in the center of the base cover;
an inner tube positioned inside of and along the axis of the transparent tube;
a base circuit board positioned at the base of the inner tube;
and an inner circuit board, positioned inside the inner tube, including a plurality of controllable light emitting diodes (LEDs), wherein the light emitting diodes provide a plurality of colors.
1. A [portable] visible stanchion comprising:
a circular base including a circular weight,
a ring coupled to the outside wall of the circular weight, and
a circular, hollow cone shape base cover coupled to the ring;
a transparent tube coupled to the circular base;
an inner tube positioned inside of and along the axis of the transparent tube;
[a cap removably attached to the transparent tube, the cap including signage with branding; a sleeve with branding removably positioned inside the transparent tube;]
a base circuit board positioned at the base of the inner tube;
[a Universal Serial Bus (USB) power supply positioned inside the circular base;]
and an inner circuit board, positioned inside the inner tube, including a plurality of light emitting diodes (LEDs), wherein the light emitting diodes provide a plurality of colors.
20. A visible stanchion comprising:
a circular base;
a transparent tube coupled to the circular
base;
a first circuit board including a plurality of controllable light emitting diodes (LEDs),
wherein the light emitting diodes provide a plurality of colors;
and a second circuit board including electronics for controlling the light emitting diodes.
1. A [portable] visible stanchion comprising:
a circular base;
[including a circular weight, a ring coupled to the outside wall of the circular weight, and a circular, hollow cone shape base cover coupled to the ring;]
a transparent tube coupled to the circular base;
[an inner tube positioned inside of and along the axis of the transparent tube; a cap removably attached to the transparent tube, the cap including signage with branding; a sleeve with branding removably positioned inside the transparent tube;]
a (second) base circuit board positioned at the base of the inner tube (see claims 2-8 for control);
[a Universal Serial Bus (USB) power supply positioned inside the circular base;] and
a(n) (first) inner circuit board, [positioned inside the inner tube,] including a plurality of light emitting diodes (LEDs), wherein the light emitting diodes provide a plurality of colors.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-9, 11-12, 14-17 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stafford et al. (US 9,437,109).
In regards to claim 1, Stafford discloses of a visible stanchion (for example 30) comprising: a circular base (for example 32); a transparent tube (for example 48) coupled to the circular base (32); an inner tube (for example 46) positioned inside of and along the axis of the transparent tube (48, see Figs 6-7); a base circuit board (for example 96) positioned at the base of the inner tube (46); and an inner circuit board (for example 51), positioned inside the inner tube (46), including a plurality of light emitting diodes (LEDs, for example 52, 58), wherein the light emitting diodes (52, 58) provide a plurality of colors (for example see Column 5 Lines 2-4, Column 6 Lines 11-13, Column 13 Lines 18-27).
In regards to claim 2, Stafford discloses of the visible stanchion of claim 1, wherein the circular base further comprises: a circular weight (for example see circular form of weighted pellets 75 in Fig 4); a ring coupled to the outside wall of the circular weight (75, for example see Fig 8, outer wall/ring of 32 is surrounding where weight 75 is located); and a circular, hollow cone shape base cover (for example 70) coupled to the ring (for example see Fig 8, 70 covers the outer wall/ring of 32).
In regards to claim 3, Stafford discloses of the visible stanchion of claim 2, wherein the base cover (70) includes a circular aperture in the center of the base cover (70), an upper lip, a slanted cover, and a lower lip (for example see Fig 4, 70 has upper lip, slanted sides and lower lip underneath).
In regards to claim 4, Stafford discloses of the visible stanchion of claim 3, wherein the base cover (70) includes a sealing gasket coupled to the inside wall of the upper lip (for example see 78, 80 in Fig 4, sealing the battery bay).
In regards to claim 7, Stafford discloses of the visible stanchion of claim 1, wherein the light emitting diodes have changeable settings (for example see Abstract, Column 4 Line 66 – Column 5 Line 4, Column 8 Lines 2-5).
In regards to claim 8, Stafford discloses of the visible stanchion of claim 1, wherein the light emitting diodes change color at a predetermined period of time (for example see Abstract, Column 4 Line 66 – Column 5 Line 4, Column 8 Lines 2-5, Column 13 Lines 18-27; colors are changed and the lights are controlled in a predetermined frequency or pattern).
In regards to claim 9, Stafford discloses of the visible stanchion of claim 1, wherein the light emitting diodes cycle through a set of colors (for example see Column 13 Lines 18-27, alternate between red and blue).
In regards to claims 11 and 12, Stafford discloses of the visible stanchion of claim 1, wherein the light emitting diodes flash at various speeds (for example see Abstract, Column 4 Line 66 – Column 5 Line 4, Column 8 Lines 2-5, operate at controlled frequencies or patterns).
In regards to claim 14, Stafford discloses of the visible stanchion of claim 1, wherein the base circuit board includes at least one master control unit (for example see Fig 4 and Column 11 Lines 44-62; one of the circuit boards 96 may be considered a master control unit).
In regards to claim 15, Stafford discloses of the visible stanchion of claim 1 further includes wireless communications (for example see Column 11 Lines 44-62, various electronics, including a GPS, radar transponder, etc. are examples of electronics that communicate wirelessly).
In regards to claim 16, Stafford discloses of a visible stanchion (for example 30) comprising: a circular base (for example 32) including a circular weight (for example see circular form of weighted pellets 75 in Fig 4), a ring coupled to the outside wall of the circular weight (75, for example see Fig 8, outer wall/ring of 32 is surrounding where weight 75 is located), and a circular, hollow cone shape base cover (for example 70) coupled to the ring (for example see Fig 8, 70 covers the outer wall/ring of 32); a transparent tube (for example 48) coupled to the circular base (32) through a circular aperture in the center of the base cover (70, see Fig 4); an inner tube (for example 46) positioned inside of and along the axis of the transparent tube (48, see Figs 6-7); a base circuit board (for example 96) positioned at the base of the inner tube (46); and an inner circuit board (for example 51), positioned inside the inner tube (46), including a plurality of controllable light emitting diodes (LEDs, for example 52, 58), wherein the light emitting diodes (52, 58) provide a plurality of colors (for example see Column 5 Lines 2-4, Column 6 Lines 11-13, Column 13 Lines 18-27).
In regards to claim 17, Stafford discloses of the visible stanchion of claim 16, wherein the light emitting diodes have changeable settings (for example see Abstract, Column 4 Line 66 – Column 5 Line 2, Column 8 Lines 2-5).
In regards to claim 20, Stafford discloses of a visible stanchion (for example 30) comprising: a circular base (for example 32); a transparent tube (for example 48) coupled to the circular base (32); a first circuit board (for example 51) including a plurality of controllable light emitting diodes (LEDs, for example 52, 58), wherein the light emitting diodes (52, 58) provide a plurality of colors (for example see Column 5 Lines 2-4, Column 6 Lines 11-13, Column 13 Lines 18-27); and a second circuit board (for example 96) including electronics for controlling the light emitting diodes (52, 58, for example see Column 11 Lines 44-47).
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 5-6, 10, 13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Stafford et al. (US 9,437,109) in view of VIP Crowd Control (herein VIPCC) LED Stanchion and Sign Board Assembly (https://www.vipcrowdcontrol.com/crowd-control-products/led-lighted-stanchion-posts.html and https://www.youtube.com/watch?v=XRajkCAhtLk).
In regards to claims 5 and 18, Stafford discloses of the visible stanchion of claims 1 and 16 as found within the respective explanation above.
However, Stafford does not explicitly disclose of wherein the light emitting diodes are controlled via an infrared remote control.
VIPCC discloses of a visible stanchion comprising: a circular base; a transparent tube coupled to the circular base; including a plurality of light emitting diodes, wherein the light emitting diodes provide a plurality of colors that are controlled remotely (for example see 0:00-0:10 in the video, utilizing a remote control for at least two changes in color).
It would have been obvious to one of ordinary skill in the art before the effective filing date to control the LEDs remotely as taught by VIPCC for controlling the light variability of the stanchions to display pleasing and desirable visual effects.
In regards to claims 6, 13 and 19, Stafford discloses of the visible stanchion of claims 1 and 16 as found within the respective explanation above, wherein the visible stanchion includes an acoustic sensor (270, for example see Column 24 Line 28 – Column 25 Line 2).
However, Stafford does not explicitly disclose of wherein the light emitting diodes are controlled acoustically and pulsate to sound.
VIPCC discloses of a visible stanchion comprising: a circular base; a transparent tube coupled to the circular base; including a plurality of light emitting diodes, wherein the light emitting diodes are controlled acoustically and pulsate to sound (see 1:30-2:20 or the video, LEDs are control acoustically and pulsate in accordance with the speaker).
It would have been obvious to one of ordinary skill in the art before the effective filing date to control the LEDs acoustically to pulsate to sound as taught by VIPCC for controlling the light variability of the stanchions to display pleasing and desirable visual effects in accordance with music/sounds.
In regards to claim 10, Stafford discloses of the visible stanchion of claim 8 as found within the explanation above.
However, Stafford does not explicitly disclose of wherein the light emitting diodes fade before changing color.
VIPCC discloses of a visible stanchion comprising: a circular base; a transparent tube coupled to the circular base; including a plurality of light emitting diodes, wherein the light emitting diodes fade before changing colors (see 1:20-1:30 or the video, LEDs fade between color changes).
It would have been obvious to one of ordinary skill in the art before the effective filing date to fade the color of the LEDs as taught by VIPCC for controlling the light variability of the stanchions to display pleasing and desirable visual effects.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason M Crawford whose telephone number is (571)272-6004. The examiner can normally be reached Mon-Thurs 6:30am-3:00pm, Fri 6:30am-12:30pm.
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/JASON M CRAWFORD/Primary Examiner, Art Unit 2845
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