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
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, 4-7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Worrell WO/2015/120332.
1. Worrell discloses a device (Figures 1-5) for increasing visibility of a guy line at night (paragraph 0014) comprising: a light emitting source 118 located within an elongated housing (upper element 122, see Fig 2 and 3); wherein the elongated housing is configured to diffuse and extend light generated by the light emitting source throughout the housing (paragraph 0024, element 124 allows light to pass and diffuse through the sides of the element); and an attachment mechanism 108 located on an external portion of the elongated housing (see Fig 2 and 3, paragraph 0019) for securing the housing to a guy line 102, wherein the attachment mechanism includes at least one hook (paragraph 0022 attachment structures are hook-shaped) and a tensioning mechanism adapted to tension the guy line while the housing is secured to the guy line (groove 134 is for seating the guy line and resisting detachment via tensioning it; pressure exists between guy line 102 and illuminator caused by tension, paragraph 0018).
4. Worrell discloses the device as claimed in claim 1, and further discloses wherein the light emitting source 118 comprises a light emitting diode (paragraph 0021).
5. Worrell discloses the device as claimed in claim 1, and further discloses a power source (battery 136, paragraph 0020) operable to selectively operate the light emitting source (paragraph 0030) and an off/off switch 130 electrically connected to the power source (paragraph 0030).
6. Worrell discloses the device as claimed in claim 5, and further discloses the power source comprises a cell battery (battery 136, paragraph 0030).
7. Worrell discloses the device as claimed in claim 5, and further discloses the power source comprises a solar cell battery (Fig 5, paragraph 0033).
9. Worrell discloses the device as claimed in claim 5, and further discloses the on/off switch is a self-locking switch (push-button switch 130).
10. Worrell discloses the device as claimed in claim 5, and further discloses the housing 122 is made out of a translucent plastic material (translucent/transparent, paragraph 0015, plastic paragraph 0020).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Worrell using Korenek US 2017/0138585 as documentary evidence.
8. Worrell discloses the device as claimed in claim 5, wherein the on/off switch 130 is connected to a first electrically conductive member (closes a circuit, not shown, paragraph 0020), said electrically conductive member in electrical contact with the power source (paragraph 0020). Though Worrell fails to specifically teach the conductive member being a PCB and the location being within the housing, the examiner takes Official Notice that PCBs are old and well-known equivalents, Korenek is provided as documentary evidence of using a PCB with a lighting device (see paragraph 0022); it would have been obvious for one having ordinary skill in the art to look to Korenek and utilize a PCB to provide a suitable, alternate electrical connection means for providing power to the light sources in Worrell. One would have been motivated to utilize PCBs in Worrell to provide a suitable, alternate electrical connection means. Regarding the location of the PCB being within the housing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the location of the PCB to within housing 122, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) see MPEP 2144.04(VI)(C).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Worrell in view of Grigore US 2016/0033117.
As for claim 11, Worrell discloses the device as claimed in claim 1, but fails to teach or disclose wherein the external portion of the housing is a ribbed surface facilitating light diffusion. Grigore teaches a ribbed housing for a lighting device (see claim 18). It would have been obvious for one having ordinary skill in the art to utilize a ribbed housing such as Grigore for Worrell to provide alternate housing shape that can easily diffuse light. One would have been motivated to make this combination to provide an alternate housing shape that can easily diffuse light.
Claims 12, 14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lundy US 2012/0275142 in view of Choi US 2015/0300607.
12. Lundy discloses a device (see Figures 1-4) for increasing visibility of a guy line at night comprising: a light emitting source 38 located within an elongated housing (within housing elongated housing comprising central part 36 and housing end segments 32, 34, Fig 2, see paragraph 0035); and an attachment mechanism (attachment assembly and device, paragraph 0051, 0059; see 44, 46, and 100 Fig 1) located on an external portion of the elongated housing (shown on external portions of 32 and 34, Fig 1) for securing the housing to a guy line (44, 46 and 100 are configured to secure the housing to a carrying device, see paragraph 0052; securing to a guy line is a matter of intended use not given patentable weight).
Lundy is silent to teaching the light source being within a tubular body, wherein the tubular body is configured to extend light generated by the light emitting source throughout the housing. Choi teaches the light source (LEDs 140) being within a tubular body (diffusing tube 130, paragraph 0024), wherein the tubular body is configured to extend light generated by the light emitting source throughout the housing (through housing 120, see Fig 2 and paragraph 0024). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to combine the diffusion tube Choi with the device of Lundy and arrange the device such that the LEDs are within the tube 130 and the tube is within the housing 32, 34, 36 of Lundy and arranged such that tubular body is configured to extend light generated by the light emitting source is extended and transmitted throughout the housing, for applications where emitting a more diffused light is desired in Lundy.
14. Lundy discloses the device as claimed in claim 12, and further discloses wherein the attachment mechanism secures the elongated housing to the guy line without interrupting the guy line (attachment mechanism 100 of Lundy can be a hook-and-look fastener, paragraph 0052; attaching with this type of connector would not interrupt a guy line).
17. Lundy discloses the device as claimed in claim 12, and further discloses a power source operable to selectively operate the light emitting source (power supply/battery, paragraph 0038).
18. Lundy discloses the device as claimed in claim 12, and further discloses the housing further comprises a two-part elongated body having two removably attached portions (housing comprises a two-part elongated body with removably attached portions: see Fig 3, shows three parts 32, 36, and 34 that are removably attached portions; therefore it is interpreted as comprising a two-part elongated body with two removable portions, i.e. 34 & 36 are two removably attached portions).
19. Lundy discloses the device as claimed in claim 12, and further discloses a power source operable to selectively operate the light emitting source and an off/off switch electrically connected to the power source (activation mechanism 42; switch, paragraph 0037).
20. The device as claimed in claim 19, wherein the on/off switch is actuatable through a switch cover protruding from within the elongated housing (shows embodiment with push button switch 42 protruding from housing portion 32, see Fig 1).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lundy US 2012/0275142 in view of Choi US 2015/0300607, as applied to claim 12 above, and further in view of Ruskouski US PAT 5655830
15. Lundy in combination with Choi teach the device as claimed in claim 12, but fail to further specifically teach wherein the housing is further configured to diffuse light generated by the light emitting source (claim 15); wherein the external portion of the housing is a ribbed surface facilitating light diffusion (claim 16). Ruskouski teaches the housing is further configured to diffuse light generated by the light emitting source (see exterior cover 152, Fig 9-11; 152 diffuses); wherein the external portion of the housing is a ribbed surface facilitating light diffusion (ribbed portions facilitate diffusion, col 7 ln 65-col 8 ln 1-3). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to look to Ruskouski and combine the exterior housing portion that diffuses light that has a ribbed surface facilitating the light diffusion with the device of Choi for lighting applications where additional modification/diffusion of the light emitted through the device is desired.
Allowable Subject Matter
Claims 2, 3, and 13 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; the prior art fails to teach or disclose:
2. The device as claimed in claim 1, wherein the at least one hook extends radially from the elongated housing.
3. The device as claimed in claim 1, wherein the tensioning mechanism comprises at least one offset portion adapted to push a guy line into the at least one hook portion.
13. The device as claimed in claim 12, wherein the attachment mechanism extends radially from the elongated housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HSU US’588 discloses an elongated lighting device with an attachment means on both ends of an elongated housing for attachment to an external structure/support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evan P Dzierzynski whose telephone number is (571)272-2336. The examiner can normally be reached Monday-Friday 8:00am-4:30pm PST.
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/EVAN P DZIERZYNSKI/Primary Examiner, Art Unit 2875