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 .
Information Disclosure Statement
The information disclosure statements (IDS), submitted on January 5 of 2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Abstract
Applicant is reminded of the proper content, language and format of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. In certain patents, particularly those for compounds and compositions, wherein the process for making and/or the use thereof are not obvious, the abstract should set forth a process for making and/or use thereof. If the new technical disclosure involves modifications or alternatives, the abstract should mention by way of example the preferred modification or alternative.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
Where applicable, the abstract should include the following:
(1) if a machine or apparatus, its organization and operation;
(2) if an article, its method of making;
(3) if a chemical compound, its identity and use;
(4) if a mixture, its ingredients;
(5) if a process, the steps.
Extensive mechanical and design details of apparatus should not be given.
The abstract of the disclosure is objected to because it fails to concisely describe the subject matter of applicant’s invention, and includes legal phraseology typical of patent claims. Correction is required. See MPEP § 608.01(b).
The Examiner respectfully suggests amending the originally filed abstract as indicated below.
ABSTRACT. A hand holdable light includes a light body having a cavityproximate a forward end of the light body; a plurality of electrical contacts disposed in the cavity and electrically connected to the light source, and an electrical power source configured to be inserted into the cavity in more than one possible orientation, the electrical power source including a plurality of electrodes positioned at one end of the electrical power source and arranged in a symmetrical pattern such that, for more than one orientation of insertion, the electrodes are electrically coupled to the electrical contacts to provide[[s]] electrical power to the light source.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “25” has been used to designate a “region”, an “improved grip”, a “knurled surface”, a “sheet”, a shaped sheet”, and a “label” (see paragraph 0046 of the originally filed disclosure). Also note reference character “250”, used to designate a “flexible boot” (see paragraph 0062 of the originally filed disclosure), a “bezel” (see paragraph 0062 of the originally filed disclosure), an “actuator boot” (see paragraph 0093 of the originally filed disclosure), and a “switch actuator boot” (see paragraph 0102 of the originally filed disclosure).
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 applicant is advised that the objections to the drawings will not be held in abeyance; correction is required to prevent the application from going into abandonment.
Claim Objections
Claims 1, 8 and 15 are objected to because they appear to be narrative in form using overly intricate or verbose language which might be considered unclear, and include many grammatical, syntax, and/or typographical errors.
The cited deficiencies do not amount to indefinitiveness under 35 U.S.C 112(b), since, in light of the originally filed descriptions and drawings, the subject matter the applicant intended to define is readily apparent. However, appropriate correction is required to place the claims in proper form for allowance (see proposed claim amendment, below).
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.
Claims 1-21 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, or a joint inventor, regards as the invention.
Independent claim 1 is indefinite as it is not clear, from the context of the claim, if the claimed “electrical power source” must necessarily include symmetrical “electrical contacts” positioned at one end, or if such “electrical contacts” and arrangement are simply a unrequired structural feature. The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, claim 1 as attempting to define the “electrical power source” as necessarily including the recited symmetrical “electrical contacts”.
Dependent claims 2-7 are rejected at least for their dependency on indefinite independent claim 1, as detailed above.
Independent claim 8 is indefinite as it is not clear, from the context of the claim, to which portion of the claimed cavity are the plurality of “electrical contacts” distal to. The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, claim 8 as attempting to define the “plural electrical contacts” as positioned at one end of the “cavity”.
Dependent claims 9-14 are rejected at least for their dependency on indefinite independent claim 8, as detailed above.
Independent claim 15 is indefinite as it is not clear, from the context of the claim, to which portion of the claimed cavity are the plurality of “electrical contacts” distal to. The applicant is advised that, in comparing the claimed invention with the Prior Art, the Examiner assumed, based on the originally filed description and drawings, claim 15 as attempting to define the “plural electrical contacts” as positioned at one end of the “cavity”.
Dependent claims 16-21 are rejected at least for their dependency on indefinite independent claim 15, as detailed above.
Proposed Claim Amendments
The Examiner respectfully suggests amending the claims as indicated below. The applicant is advised that, if the proposed amendments are accepted, all claims must be carefully reviewed to reflect and/or accommodate the new language.
CLAIM 1. A hand holdable light comprising:
a light body having a forward end and a rearward end defining a longitudinal axis therebetween, and having a cavity
a light source proximate the forward end of the light body; and
an electrical power source configured to be inserted into the cavity in more than one possible orientation[[; and]], the electrical power source including electrical contacts positioned at one end thereof in a symmetrical pattern relative the longitudinal axis such that, for more than one orientation of insertion, the electrical power source provides electrical power to the light source.
CLAIM 8. A hand holdable light comprising:
a light body having a forward end and a rearward end defining a longitudinal axis therebetween, and having a cavity
a light source proximate the forward end of the light body;
an electrical power source configured to be inserted into the cavity in more than one possible orientation, the electrical power source including plural electrical contacts in a symmetrical pattern on an end thereof; and
electrodes positioned at one end of the cavity in a pattern corresponding to at least two of the plural electrical contacts of the electrical power sourceeach of the electrodes contact a corresponding one of the electrical contacts and the electrical power source provides electrical power to the light source.
CLAIM 15. A hand holdable light comprising:
a light body having a forward end and a rearward end defining a longitudinal axis therebetween, and having a cavity for receiving an electrical power source;
a light source proximate the forward end of the light body;
an electrical power source configured to be inserted into the cavity in more than one possible orientation, the electrical power source including electrical contacts positioned at one end thereof in a symmetrical pattern relative the longitudinal axis; and
electrodes positioned at one end of the cavity,
wherein, for more than one orientation of insertion of the electrical power source, each of the electrodes contact a corresponding one of the electrical contacts and the electrical power source provides electrical power to the light source.
Claim Rejections Based on Prior Art
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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, 8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HENNINGSEN (U.S. Pat. 1,791,358).
Regarding independent claim 1 (as best understood), HENNINGSEN discloses hand holdable light (the disclose apparatus is capable of being held by a user‘s hand, as evidenced by Figure 1) including a light body 2 (as seen in Figure 1) having a forward end 3 (as seen in Figure 1) and a rearward end 11 (as seen in Figure 1) defining a longitudinal axis therebetween (as seen in Figure 1), and having a cavity 2 (interior space of element 2, as seen in Figure 2) for receiving an electrical power source 37 (as seen in Figure 2); a light source 29 (as seen in Figure 2) proximate the forward end 3 (as seen in Figure 2) of the light body 2 (as seen in Figure 2); an electrical power source 37 (as seen in Figure 2) that can be inserted into the cavity in more than one possible orientation (element 37 could be turned 180° about the longitudinal axis, as evidenced by Figure 2); and the electrical power source 37 may further comprise electrical contacts 39 (as seen in Figure 3) positioned at one end of the electrical power source 37 (as seen in Figure 3) in a symmetrical pattern in relation to the longitudinal axis (as seen in Figure 3) such that, for more than one orientation of insertion, the electrical power source 37 provides electrical power to the light source 29 (element 37 could be turned 180° about the longitudinal axis, and still elements 39 would register elements 30/31, as evidenced by Figures 2 and 3).
Regarding independent claim 8 (as best understood), HENNINGSEN discloses hand holdable light (the disclose apparatus is capable of being held by a user‘s hand, as evidenced by Figure 1) including a light body 2 (as seen in Figure 1) having a forward end 3 (as seen in Figure 1) and a rearward end 11 (as seen in Figure 1) defining a longitudinal axis therebetween (as seen in Figure 1), and having a cavity 2 (interior space of element 2, as seen in Figure 2) for receiving an electrical power source 37 (as seen in Figure 2); a light source 29 (as seen in Figure 2) proximate the forward end 3 (as seen in Figure 2) of the light body 2 (as seen in Figure 2); an electrical power source 37 (as seen in Figure 2) that can be inserted into the cavity in more than one possible orientation (element 37 could be turned 180° about the longitudinal axis, as evidenced by Figure 2); and the electrical power source 37 including plural electrical contacts 39 (as seen in Figure 3) in a symmetrical pattern on and end thereof (top portion of element 37, as seen in Figure 3); and the cavity 2 including plural electrical contacts 30/31 (as seen in Figure 3) positioned at a distal end thereof (as seen in Figure 3) in a pattern corresponding to at least two of the plural electrical contacts 39 (as seen in Figure 3) of the electrical power source 37 in relation to the longitudinal axis (as seen in Figure 3) such that, for more than one orientation of insertion of the electrical power source 37, the electrical power source 37 provides electrical power to the light source 29 (element 37 could be turned 180° about the longitudinal axis, and still elements 39 would register elements 30/31, as evidenced by Figures 2 and 3).
Regarding independent claim 15 (as best understood), HENNINGSEN discloses hand holdable light (the disclose apparatus is capable of being held by a user‘s hand, as evidenced by Figure 1) including a light body 2 (as seen in Figure 1) having a forward end 3 (as seen in Figure 1) and a rearward end 11 (as seen in Figure 1) defining a longitudinal axis therebetween (as seen in Figure 1), and having a cavity 2 (interior space of element 2, as seen in Figure 2) for receiving an electrical power source 37 (as seen in Figure 2); a light source 29 (as seen in Figure 2) proximate the forward end 3 (as seen in Figure 2) of the light body 2 (as seen in Figure 2); an electrical power source 37 (as seen in Figure 2) that can be inserted into the cavity in more than one possible orientation (element 37 could be turned 180° about the longitudinal axis, as evidenced by Figure 2); the cavity 2 including plural electrical contacts 30/31 (as seen in Figure 2) positioned at a distal end thereof (as seen in Figure 3); and the electrical power source 37 including plural electrical contacts 39 (as seen in Figure 3) positioned at one end thereof (top end of element 37, as seen in Figure 3) in a symmetrical pattern in relation to the longitudinal axis (as seen in Figure 3) such that, for more than one orientation of insertion, the electrical power source 37 provides electrical power to the light source 29 (element 37 could be turned 180° about the longitudinal axis, and still elements 39 would register elements 30/31, as evidenced by Figures 2 and 3).
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 6, 7, 13, 14, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over HENNINGSEN (U.S. Pat. 1,791,358) in view of MACKAYE (U.S. Pat. 740,671).
Regarding dependent claim 6 (as best understood), HENNINGSEN reasonably discloses all the limitations of the claim, as previously detailed, except the source of electrical power 37 includes an electrical switch on an end thereof that is distal the one end thereof.
However, MACKAYE discloses an illumination device (as seen in Figure 1) including a body 3 (as seen in Figure 1) defining a cavity 3 (interior space of element 3, as seen in Figure 1), a light source 1 (as seen in Figure 1) positioned at one end of the cavity 3 (top end, as seen in Figure 1), a power source 20 (as seen in Figure 5) disposed within the cavity 3 (as evidenced by Figure 1); and a switch 15 (as seen in Figure 1) disposed on an end of the power source 20 (top end, as seen in Figure 1) distal another end (bottom end, as seen in Figure 1).
Therefore, 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 Prior Art switch 15 of MACKAYE with the patented hand holdable light of HENNINGSEN, according to the known methods taught by MACKAYE, to yield the predictable result of enabling a user to selectively turn the light source 29 ON/OFF (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397).
Regarding dependent claim 7 (as best understood), HENNINGSEN and MACKAYE individually disclose, or at least reasonably suggest all the limitations of the claim, as previously detailed, with MACKAYE further disclosing a cover 14 (as seen in Figure 1) for the cavity 3 (as seen in Figure 1), and the electrical switch 15 being operable through the cover 14 (see lines 71-78 of column 2 of page 1).
Regarding dependent claim 13 (as best understood), HENNINGSEN reasonably discloses all the limitations of the claim, as previously detailed, except the source of electrical power 37 includes an electrical switch on an end thereof that is distal the one end thereof.
However, MACKAYE discloses an illumination device (as seen in Figure 1) including a body 3 (as seen in Figure 1) defining a cavity 3 (interior space of element 3, as seen in Figure 1), a light source 1 (as seen in Figure 1) positioned at one end of the cavity 3 (top end, as seen in Figure 1), a power source 20 (as seen in Figure 5) disposed within the cavity 3 (as evidenced by Figure 1); and a switch 15 (as seen in Figure 1) disposed on an end of the power source 20 (top end, as seen in Figure 1) distal another end (bottom end, as seen in Figure 1).
Therefore, 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 Prior Art switch 15 of MACKAYE with the patented hand holdable light of HENNINGSEN, according to the known methods taught by MACKAYE, to yield the predictable result of enabling a user to selectively turn the light source 29 ON/OFF (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397).
Regarding dependent claim 14 (as best understood), HENNINGSEN and MACKAYE individually disclose, or at least reasonably suggest all the limitations of the claim, as previously detailed, with MACKAYE further disclosing a cover 14 (as seen in Figure 1) for the cavity 3 (as seen in Figure 1), and the electrical switch 15 being operable through the cover 14 (see lines 71-78 of column 2 of page 1).
Regarding dependent claim 20 (as best understood), HENNINGSEN reasonably discloses all the limitations of the claim, as previously detailed, except the source of electrical power 37 includes an electrical switch on an end thereof that is distal the one end thereof.
However, MACKAYE discloses an illumination device (as seen in Figure 1) including a body 3 (as seen in Figure 1) defining a cavity 3 (interior space of element 3, as seen in Figure 1), a light source 1 (as seen in Figure 1) positioned at one end of the cavity 3 (top end, as seen in Figure 1), a power source 20 (as seen in Figure 5) disposed within the cavity 3 (as evidenced by Figure 1); and a switch 15 (as seen in Figure 1) disposed on an end of the power source 20 (top end, as seen in Figure 1) distal another end (bottom end, as seen in Figure 1).
Therefore, 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 Prior Art switch 15 of MACKAYE with the patented hand holdable light of HENNINGSEN, according to the known methods taught by MACKAYE, to yield the predictable result of enabling a user to selectively turn the light source 29 ON/OFF (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397).
Regarding dependent claim 21 (as best understood), HENNINGSEN and MACKAYE individually disclose, or at least reasonably suggest all the limitations of the claim, as previously detailed, with MACKAYE further disclosing a cover 14 (as seen in Figure 1) for the cavity 3 (as seen in Figure 1), and the electrical switch 15 being operable through the cover 14 (see lines 71-78 of column 2 of page 1).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prasse (U.S. Pat. 601,758), Ford (U.S. Pat. 1,406,359), Wolf (U.S. Pat. 1,605,019), Daloz (U.S. Pat. 1,833,318), Schneider (U.S. Pat. 1,947,022), Larson (U.S. Pat. 1,939,857), Nathanson (U.S. Pat. 3,531,637), Moore (U.S. Pat. 3,944,805), and Uke (U.S. Pat. 4,985,812) disclose illumination devices including a housing defining a cavity, a light source provided in the housing, a power source disposed within the cavity and including electrical connectors arranged symmetrically relative to a longitudinal axis.
Qi et al. (U.S. Pat. App. Pub. 2008/0213657) and Kwon et al. (U.S. Pat. 8,980,478) disclose electric power sources including a plurality of electrical contacts arranged symmetrically relative to a longitudinal axis.
Allowable Subject Matter
Claims 2-5, 9-12, and 16-19 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAEL NEGRON whose telephone number is (571)272-2376. The examiner can normally be reached on Monday - Friday from 10:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk Lee, can be reached at telephone number 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISMAEL NEGRON/Primary Examiner, Art Unit 2875
Prosecution Insights