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 disclosure should be carefully reviewed to ensure that any and all grammatical, idiomatic, and spelling or other minor errors are corrected.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description:
In figure 9: CB
In figure 14: 1014, 1032, 1034, 1036, 1040; 1048, 1058, 1104, 1106, 1108, 1140, 1168, 1182 and 1187;
In figure 15: 1014, 1022, 1034, 1036, 1108, 1142, 1182 and 1188;
In figure 16: 1014; 1022, 1034, 1036, 1108, 1110b, 1110e, 1182, 1184 and 1199;
In figure 17: 1014; 1022, 1034, 1036, 1040, 1106, 1182, 1184 and 1187;
In figure 18: 1188, 1606 and 1608;
In figure 19: 1048, 1058, 1062, 1064 and 1066;
In figure 20: 1014; 1022, 1034, 1036, 1108, 1110b, 1182, 1187 and 1608;
In figure 21: 1014; 1022, 1034, 1036, 1048, 1058, 1104, 1106; 1108, 1110b, 1182, 1184 and 1187;
In figure 22: 1014; 1022, 1048, 1058, 1104, 1106, 1108, 1110e, 1182, 1184 and 1187;
In figure 23: 2018, 2022, 2024, 2030, 2032, 2040, 2058, 2084, 2104, 2108, 2140, 2142, 2182, 2184, 2204 and 2210;
In figure 24: 2014, 2018, 2022, 2030, 2034, 2036, 2078, 2140, 2142, 2182, 2184, 2190, 2204, 2208 and 2210; and
In figure 25: 2014, 2018, 2022, 2030, 2034, 2036, 2078, 2182, 2184 and 2204.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “214” has been used to designate both a stowed position (paragraph 0056) and a deployed position (paragraph 0059). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 9-19 of U.S. Patent No. 12,041,700. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed elements and limitations are recited or suggested by the patented claims, as follows.
With respect to instant claim 1, U.S. Patent No. 12,041,700, claim 1 recites a portable light configured to provide distinct operating modes, the portable light comprising:
a central body having a receiver and a central axis that extends through a length of the central body;
a power source positioned within the receiver of the central body;
a flashlight head operably coupled to the power source and configured to emit light, wherein a portion of the emitted light is oriented substantially parallel with the central axis;
an upper housing coupled to the central body and having a mode indicia [claim 1, lines 1-12];
a mode selector having: (i) a mode selector actuator that circumscribes a substantial extent of the upper housing, and (ii) a mode selection indicator [claim 1, lines 13-14; the instant “mode selector actuator” is equivalent to the patented –mode selector ring—];
wherein an application of an angularly directed force on the mode selector actuator causes said mode selector actuator to be angularly displaced relative to the central axis and the upper housing, and wherein said angular displacement of the mode selector actuator causes: (i) the mode selection indicator to move relative to the mode indicia, and (ii) the portable light to change from a first operational mode to a second operational mode [claim 1, lines 16-23; the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; inherently when an angularly directed force is placed on the mode selector actuator, the mode selector actuator is angularly displaced relative to the upper housing allowing the indicator to point to another indicia].
With respect to instant claim 2, U.S. Patent No. 12,041,700, claim 2 recites the power source is a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 3, U.S. Patent No. 12,041,700, claim 3 recites a button configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, no light is emitted from the flashlight head, and
wherein in the ON state, light is emitted from the flashlight head.
With respect to instant claim 4, U.S. Patent No. 12,041,700, claim 4 recites the mode selector actuator is configured to be displaced less than 360 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—].
With respect to instant claim 5, U.S. Patent No. 12,041,700, claim 5 recites the mode selector actuator is configured to be displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—].
With respect to instant claim 6, U.S. Patent No. 12,041,700, claim 6 recites in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level.
With respect to instant claim 7, U.S. Patent No. 12,041,700, claim 7 recites the portable light is waterproof for up to 30 meters.
With respect to instant claim 8, U.S. Patent No. 12,041,700, claim 9 recites the mode selector actuator includes an external surface that is configured to enhance the user's grip during the angular displacement of the mode selector ring [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—].
With respect to instant claim 9, U.S. Patent No. 12,041,700, claim 10 recites a portable light configured to provide multiple operating modes, the portable light comprising:
a mode selector having a mode selector actuator that circumscribes a portion of a housing of the portable light [claim 10, lines 1-4; the instant “mode selector actuator” is equivalent to the patented –mode selector ring—];
a light emitter that is:
(a) operatively coupled to the mode selector [claim 10, lines 5-6; inherently the coupling would be operatively],
(b) configured to emit a portion of light in a direction that is substantially parallel to a central axis of the portable light [equivalent to claim 10, lines 7-9], and
(c) configured to emit (i) a first amount of light when the portable light is in a first operational mode and (ii) a second amount of light when the portable light is in a second operational mode [claim 10, lines10-14]; and
wherein the mode selector actuator is configured to be angularly displaced relative to the central axis and the housing of the portable light, and wherein said angular displacement of the mode selector actuator causes the portable light to change from the first operational mode to the second operational mode [claim 10, lines 14-18; the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; the instant “angularly displaced” is equivalent to the claimed –rotated--; inherently angular displacement around the central axis would be equivalent to angular displacement around the housing];
With respect to instant claim 10, U.S. Patent No. 12,041,700, claim 11 recites a power source that is coupled to the mode selector and the light emitter, and wherein said power source includes a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 11, U.S. Patent No. 12,041,700, claim 12 recites a button configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, no light is emitted from the light emitter [claim 12, lines 1-5; the instant “light emitter—is inherently housed in the patented flashlight head], and
wherein in the ON state, light is emitted from the light emitter [claim 12, lines 6-7; the instant “light emitter—is inherently housed in the patented flashlight head].
With respect to instant claim 12, U.S. Patent No. 12,041,700, claim 13 recites the mode selector actuator is configured to be angularly displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—].
With respect to instant claim 13, U.S. Patent No. 12,041,700, claim 14 recites in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level.
With respect to instant claim 14, U.S. Patent No. 12,041,700, claim 15 recites the mode selector actuator includes a means for enhancing the user's grip during angular displacement of the mode selector actuator [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; the instant “angular displacement” is equivalent to the patented –rotation--].
With respect to instant claim 15, U.S. Patent No. 12,041,700, claim 16 recites a portable light comprising:
a housing coupled to a central body, and wherein said central body includes a receiver and a central axis that extends along a length of the central body;
a power source positioned within the receiver of the central body;
a flashlight head coupled to an extent of the power source and configured to emit:(i) a first amount of light in a first mode and (ii) a second amount of light in a second mode, and wherein the second amount of light is greater than the first amount of light [claim 16, lines 1-11];
a mode selector actuator that circumscribes a portion of the housing [claim 16, lines 12-13; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--]; and
wherein the mode selector actuator is configured to be angularly displaced around the central axis and the central body, and wherein said angular displacement of the mode selector actuator permits an operator of the portable light to change between the first mode and the second mode [claim 16, lines 15-18; the central body includes the central axis, clam 16, line 3, so an angular displacement around the central axis of the mode selector actuator would be inherently around the central body; the instant “angular displacement” is equivalent to the patented –rotation--; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--; inherently an operator performs the function of angular displacement].
U.S. Patent No. 12,041,700, claim 16 does not recite a mode selector actuator that circumscribes a substantial extent of the central body. U.S. Patent No. 12,041,700, claim 16 recites a mode selector actuator that circumscribes a portion of the housing [claim 16, lines 12-13] and the housing is coupled to the central body [claim 16, line 2]. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the device of U.S. Patent No. 12,041,700, claim 16 so that the mode selector actuator that circumscribes a substantial extent of the central body to ensure that the mode selector actuator is sufficiently coupled to the housing so that it would be inadvertently removed during use.
With respect to instant claim 16, U.S. Patent No. 12,041,700, claim 17 recites the power source is a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 17, U.S. Patent No. 12,041,700, claim 18 recites a button configured to switch the portable light from an OFF state to an ON state.
With respect to instant claim 18, U.S. Patent No. 12,041,700, claim 19 recites the mode selector actuator is configured to be angularly displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; the instant “angular displacement” is equivalent to the patented –rotation--].
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 9-19 of U.S. Patent No. 12,402,221. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed elements and limitations are recited or suggested by the patented claims, as follows.
With respect to instant claim 1, U.S. Patent No. 12,402,221, claim 1, recites a portable light configured to provide distinct operating modes, the portable light comprising:
a central body having a receiver and a central axis that extends through a length of the central body;
a power source positioned within the receiver of the central body;
a flashlight head operably coupled to the power source and configured to emit light, wherein a portion of the emitted light is oriented substantially parallel with the central axis;
an upper housing coupled to the central body and having a mode indicia [claim 1, lines 1-12];
a mode selector having: (i) a mode selector actuator that circumscribes a substantial extent of the upper housing, and (ii) a mode selection indicator [claim 1, lines 13-15; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--];
wherein an application of an angularly directed force on the mode selector actuator causes said mode selector actuator to be angularly displaced relative to the central axis and the upper housing, and wherein said angular displacement of the mode selector actuator causes: (i) the mode selection indicator to move relative to the mode indicia, and (ii) the portable light to change from a first operational mode to a second operational mode [claim 1, lines 16-23; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 2, U.S. Patent No. 12,402,221, claim 2, recites the power source is a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 3, U.S. Patent No. 12,402,221, claim 3, recites a button configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, no light is emitted from the flashlight head, and
wherein in the ON state, light is emitted from the flashlight head.
With respect to instant claim 4, U.S. Patent No. 12,402,221, claim 4, recites the mode selector actuator is configured to be displaced less than 360 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 5, U.S. Patent No. 12,402,221, claim 5, recites the mode selector actuator is configured to be displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 6, U.S. Patent No. 12,402,221, claim 6, recites in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level.
With respect to instant claim 7, U.S. Patent No. 12,402,221, claim 7, recites the portable light is waterproof for up to 30 meters.
With respect to instant claim 8, U.S. Patent No. 12,402,221, claim 9, recites the mode selector actuator includes an external surface that is configured to enhance the user's grip during the angular displacement of the mode selector ring [the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 9, U.S. Patent No. 12,402,221, claim 10, recites a portable light configured to provide multiple operating modes, the portable light comprising:
a mode selector having a mode selector actuator that circumscribes a portion of a housing of the portable light;
a light emitter that is:
(a) operatively coupled to the mode selector,
(b) configured to emit a portion of light in a direction that is substantially parallel to a central axis of the portable light, and
(c) configured to emit (i) a first amount of light when the portable light is in a first operational mode and (ii) a second amount of light when the portable light is in a second operational mode; and
wherein the mode selector actuator is configured to be angularly displaced relative to the central axis and the housing of the portable light, and wherein said angular displacement of the mode selector actuator causes the portable light to change from the first operational mode to the second operational mode [the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 10, U.S. Patent No. 12,402,221, claim 11, recites a power source that is coupled to the mode selector and the light emitter, and wherein said power source includes a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 11, U.S. Patent No. 12,402,221, claim 12, recites a button configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, no light is emitted from the light emitter, and
wherein in the ON state, light is emitted from the light emitter [the instant “light emitter—is inherently housed in the patented flashlight head].
With respect to instant claim 12, U.S. Patent No. 12,402,221, claim 13, recites the mode selector actuator is configured to be angularly displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring--].
With respect to instant claim 13, U.S. Patent No. 12,402,221, claim 14, recites in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level.
With respect to instant claim 14, U.S. Patent No. 12,402,221, claim 15, recites the mode selector actuator includes a means for enhancing the user's grip during angular displacement of the mode selector actuator [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; the instant “angular displacement” is equivalent to the patented –rotation--].
With respect to instant claim 15, U.S. Patent No. 12,402,221, claim 16 recites a portable light comprising:
a housing coupled to a central body, and wherein said central body includes a receiver and a central axis that extends along a length of the central body;
a power source positioned within the receiver of the central body;
a flashlight head coupled to an extent of the power source and configured to emit:(i) a first amount of light in a first mode and (ii) a second amount of light in a second mode, and wherein the second amount of light is greater than the first amount of light [claim 16, lines 1-11];
a mode selector actuator that circumscribes a portion of the central body [claim 16, lines 12-13; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--]; and
wherein the mode selector actuator is configured to be angularly displaced around the central axis and the central body, and wherein said angular displacement of the mode selector actuator permits an operator of the portable light to change between the first mode and the second mode [claim 16, lines 14-18; the central body includes the central axis, clam 16, line 3, so an angular displacement around the central axis of the mode selector actuator would be inherently around the central body; the instant “angular displacement” is equivalent to the patented –rotation--; the instant “mode selector actuator” is equivalent to the patented –mode selector ring--; inherently an operator performs the function of angular displacement].
U.S. Patent No. 12,402,221, claim 16 does not recite a mode selector actuator that circumscribes a substantial extent of the central body. U.S. Patent No. 12,402,221, claim 16 recites a mode selector actuator that circumscribes a portion of the central body [claim 16, lines 12-13] and the housing is coupled to the central body [claim 16, line 2]. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the device of U.S. Patent No. 12,402,221, claim 16 so that the mode selector actuator that circumscribes a substantial extent of the central body to ensure that the mode selector actuator is sufficiently coupled to the central body so that it would be inadvertently removed during use.
With respect to instant claim 16, U.S. Patent No. 12,402,221, claim 17 recites the power source is a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle.
With respect to instant claim 17, U.S. Patent No. 12,402,221, claim 18, recites a button configured to switch the portable light from an OFF state to an ON state [claim 18, lines 1-3].
With respect to instant claim 18, U.S. Patent No. 12,402,221, claim 19, recites the mode selector actuator is configured to be angularly displaced less than 100 degrees [the instant “mode selector actuator” is equivalent to the patented –mode selector ring—; the instant “angular displacement” is equivalent to the patented –rotation--].
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.
(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, 3-6, 8, 9, 11-15, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kim (2005/0122712).
With respect to claim 1, Kim discloses a portable light [10’; figure 6] configured to provide distinct operating modes [paragraph 0061], the portable light [10’] comprising:
a central body [24] having a receiver [26] and inherently a central axis [note the central body, 24, is elongate and would have a central axis, figure 6] that extends through a length of the central body [24];
a power source [16] positioned within the receiver [26] of the central body [24];
a flashlight head [containing lamp, 14] operably coupled to the power source [16] and configured to emit light, wherein a portion of the emitted light is inherently oriented substantially parallel with the central axis;
an upper housing coupled to the central body [24] and having a mode indicia [paragraph 0061: “or other indicia printed on the housing and ring”];
a mode selector having: (i) a mode selector actuator [112] that circumscribes a substantial extent of the upper housing, and (ii) a mode selection indicator [paragraph 0061: the indicia printed on the ring];
wherein an application of an angularly directed force on the mode selector actuator [112; paragraph 0061, “the user may rotate the ring”] causes said mode selector actuator [112] to be angularly displaced relative to the central axis and the upper housing, and wherein said angular displacement of the mode selector actuator [112] causes: (i) the mode selection indicator to move relative to the mode indicia [paragraph 0061, “setting the ring to a known number or other indicia”], and (ii) the portable light to change from a first operational mode to a second operational mode [paragraph 0061 “to establish a state for operation of the flashlight”].
With respect to claim 3, Kim discloses a button [22] inherently configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, inherently no light is emitted from the flashlight head, and
wherein in the ON state, inherently light is emitted from the flashlight head.
With respect to claim 4, Kim discloses the mode selector actuator [112] is configured to be displaced less than 360 degrees [note figure 7 where sensors 112 which react to the magnet 120 on ring 112 are placed to encircle the entire housing 24, the ring may move less than 360 degrees to activate a sensor; see paragraph 0059].
With respect to claim 5, Kim discloses the mode selector actuator [112] is configured to be displaced less than 100 degrees [note figure 7 where sensors 112 which react to the magnet 120 on ring 112 are placed to encircle the entire housing 24, the ring may move less than 100 degrees to activate a sensor; see paragraph 0059].
With respect to claim 6, Kim discloses in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level [paragraph 0061, 0062; note there are different brightness levels including intermediate brightness levels].
With respect to claim 8, Kim discloses the mode selector actuator includes an external surface [outer surface of 112] that is configured to enhance the user's grip during the angular displacement of the mode selector ring [the outer surface of 112 sticks out from the housing and threaded ring 126 which would enhance the user’s grip].
With respect to claim 9, Kim discloses a portable light [10’] configured to provide multiple operating modes [paragraph 0061], the portable light [10’] comprising:
a mode selector having a mode selector actuator [112] that circumscribes a portion of a housing [24] of the portable light;
a light emitter [14] that is:
(a) operatively coupled to the mode selector [112],
(b) configured to inherently emit a portion of light in a direction that is substantially parallel to a central axis [note the central body, 24, is elongate and would have a central axis, figure 6] of the portable light [10’], and
(c) configured to emit (i) a first amount of light when the portable light is in a first operational mode and (ii) a second amount of light when the portable light is in a second operational mode [paragraph 0061, 0062; note there are different brightness levels including intermediate brightness levels]; and
wherein the mode selector actuator [112] is configured to be angularly displaced relative to the central axis and the housing of the portable light [10’], and wherein said angular displacement of the mode selector actuator [112] causes the portable light to change from the first operational mode to the second operational mode [paragraph 0061 “to establish a state for operation of the flashlight”].
With respect to claim 11, Kim discloses a button [22] inherently configured to switch the portable light from an OFF state to an ON state, and
wherein in the OFF state, inherently no light is emitted from the flashlight head, and
wherein in the ON state, inherently light is emitted from the flashlight head.
With respect to claim 12, Kim discloses the mode selector actuator [112] is configured to be displaced less than 100 degrees [note figure 7 where sensors 112 which react to the magnet 120 on ring 112 are placed to encircle the entire housing 24, the ring may move less than 100 degrees to activate a sensor; see paragraph 0059].
With respect to claim 13, Kim discloses in the first operational mode, the portable light emits light at a first lumen output level, and
wherein in the second operational mode, the portable light emits light at a second lumen output level, the first lumen output level being less than the second lumen output level [paragraph 0061, 0062; note there are different brightness levels including intermediate brightness levels].
With respect to claim 14, Kim discloses the mode selector actuator [outer surface of 112] includes a means for enhancing the user's grip during angular displacement of the mode selector actuator [the outer surface of 112 sticks out from the housing and threaded ring 126 which would enhance the user’s grip].
With respect to claim 15, Kim discloses a portable light comprising:
a housing coupled to a central body [24], and wherein said central body [24] includes a receiver [26] and a central axis [note the central body, 24, is elongate and would have a central axis, figure 6] that extends along a length of the central body [24];
a power source [16] positioned within the receiver of the central body [24];
a flashlight head coupled to an extent of the power source [16] and configured to emit:(i) a first amount of light in a first mode and (ii) a second amount of light in a second mode, and wherein the second amount of light is greater than the first amount of light [paragraph 0061, 0062; note there are different brightness levels including intermediate brightness levels; name the brighter light the second mode];
a mode selector actuator [112] that circumscribes a substantial extent of the central body [24]; and
wherein the mode selector actuator [112] is configured to be angularly displaced around the central axis and the central body [24], and wherein said angular displacement of the mode selector actuator [112] permits an operator of the portable light to change between the first mode and the second mode [paragraph 0061 “to establish a state for operation of the flashlight”].
With respect to claim 17, Kim discloses a button [22] inherently configured to switch the portable light from an OFF state to an ON state.
With respect to claim 18, Kim discloses the mode selector actuator [112] is configured to be displaced less than 100 degrees [note figure 7 where sensors 112 which react to the magnet 120 on ring 112 are placed to encircle the entire housing 24, the ring may move less than 100 degrees to activate a sensor; see paragraph 0059].
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 2, 7, 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (2005/0122712) in view of Official Notice.
With respect to claim 2, Kim discloses the power source [16] is battery [paragraph 0030] but does not disclose the battery a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle. Official Notice is taken that it is well known in the art to use rechargeable batteries in portable lighting devices and to include a USB receptacle configured so that the rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the device of Kim so that the battery is a re rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device.
With respect to claim 7, Kim does not disclose the portable light is waterproof. It is well known to make portable lights waterproof up to 30 meters so the lighting device can be used in scuba diving. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the portable light of Kim to be waterproof for up to 30 meters it can be used while scuba diving.
With respect to claim 10, Kim discloses the power source [16] is battery [paragraph 0030] that is coupled to the mode selector and the light emitter [see figure 6] but does not disclose the battery a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle. It is well known in the art to use rechargeable batteries in portable lighting devices and to include a USB receptacle configured so that the rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the device of Kim so that the battery is a re rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device.
With respect to claim 16, Kim discloses the power source [16] is battery [paragraph 0030] but does not disclose the battery a rechargeable battery configured to: (i) supply current to a USB receptacle, and (ii) receive current from the USB receptacle. It is well known in the art to use rechargeable batteries in portable lighting devices and to include a USB receptacle configured so that the rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device. It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to form the device of Kim so that the battery is a re rechargeable battery can both supply current to the USB receptacle, and receive current from the USB receptacle to allow the battery to be recharged making the device more environmentally friendly and to supply charge to another device.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Buhl (9,810,413) – note figures 1a-3b;
Spartano (2011/0204818) – note figures 2-4; and
Garland (2,852,632) – note figures 1-3.
Conclusion
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/LAURA K TSO/Primary Examiner, Art Unit 2875