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 .
Request for Reconsideration
The request for reconsideration filed 7/28/2025 has been entered.
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.
Claim(s) 1-2, 4-5, 7, and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maguire (US 4,454,569).
Re claim 1: Maguire discloses a lighting device comprising: a body segment (104, fig. 7B) having a first end (left end of 104, fig. 7B), a second end (right end of 104, fig. 7B), the body segment (104) having one or more hollow portions (hollow portion of 104, fig. 7B) (see fig. 15) in communication with the first end and/or second end (left and right end of 104); a first arm (110, fig. 8) having a center portion (middle portion of 110, fig. 8) extending longitudinally between a proximal end (left end of 110, fig. 8) and a distal end (right end of 112, fig. 8), and wherein two or more first flanges (154 and 158 of 110, fig. 11) extend from the center portion of the first arm (see annotated fig. 11);a second arm (112, fig. 8) having a center portion (middle portion of 112, fig. 8) extending longitudinally between a proximal end (right end of 112, fig. 8) and a distal end (left end of 112, fig. 8), and wherein two or more second flanges (154 and 158 of 112, fig. 11) extend from the center portion of the second arm (see annotated fig. 11); and one or more lighting components (114, 116, fig. 11) mounted between the first flanges (base portion of 114 held by flanges 154 and 158) on the center portion of the first arm and/or the second flanges on the center portion of the second arm (see fig. 11);wherein the first arm and second arm (110, 112) are pivotally attached (attached via 158, fig. 7B) to the body segment (104) at each of the proximal ends (see fig. 7B) such that the first arm and second arm (110, 112) can be positioned to be substantially perpendicular (see fig. 13) to the body segment (104) and substantially parallel (see fig. 13) to the body segment (104).
PNG
media_image1.png
511
669
media_image1.png
Greyscale
Re claim 2: Maguire discloses one or more power components (36, fig. 5) are positioned within the one or more hollow portions (see fig. 5) of the body segment (104, fig. 5) such that the power components (36) are in electrical communication (see Col. 4 lines 45-52) with the one or more lighting components (114, 116, fig. 11).
Re claim 4: Maguire discloses the body segment (104, fig. 7B) has an aperture (opening of 104 receiving 168, fig. 15) configured to permit electrical cables (114, fig. 15) to enter the body segment (104).
Re claim 5: Maguire discloses the hollow portion (hollow portion of 104, fig. 2) extends from the first end of the body segment to the second end of the body segment (see fig. 7B).
Re claim 7: Maguire discloses the first arm and second arm (110, 112, fig. 7B) are biased away from being substantially parallel (see fig. 13) to the body segment (104, fig. 7B).
Re claim 9: Maguire discloses the first arm and second arm (110, 112, fig. 7B) are pivotally attached using a hinge (168, fig. 15).
Re claim 10: Maguire discloses the first arm and second arm (110, 112, fig. 7B) are pivotally attached to the body segment (104, fig. 7B) at, respectively, a first and second pivot point (left and right 168, fig. 2).
Re claim 11: Maguire discloses the central portion of the first arm (center of 110, fig. 7B) extends past the first pivot point (168 of 110, see figs. 7B and 15) and the central portion of the second arm (center of 110, fig. 7B) extends past the second pivot point (168 of 112, see figs. 7B and 15).
Re claim 12: Maguire discloses the one or more hollow portions (hollow portion of 104, fig. 15) are substantially covered by the central portion of the first arm (110, fig. 7A and 7B) that extends past the first pivot point (168 of 110) and/or the central portion of the second arm (110, fig. 7A and 7B) that extends past the second pivot point (168 of 112).
Re claim 13: Maguire discloses the one or more power components (36, fig. 5) are selectively electrically (can be selectively connected by connecting or disconnecting cord 114, fig. 11) connected to the one or more lighting components (116, fig. 7B).
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(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 4,454,569) in view of Villard (US 8,118,450).
Re claim 3: Maguire fails to teach the one or more power components are LED drivers.
Villard teaches the one or more power components (175, fig. 3A) are LED drivers (see Col. 7 lines 31-34).
Therefore, in view of Villard, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substituting the ballast of Maguire with the LED drivers, in order to provide more efficient power to the light sources and increase the brightness of the lighting device.
Re claim 6: Maguire fails to teach the two or more first and second flanges are configured to reflect light emitted from the one or more lighting components.
A second embodiment of Villard teaches reflectors can be provided on outer edges configured to reflect light (see Col. 15 lines 7-12) emitting from the one or more lighting components (135, fig. 3A).
Therefore, in view of the second embodiment of Villard, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two or more first and second flanges of Maguire by adding a reflector configured to reflect light emitting from the one or more lighting components, in order to avoid illumination of unintended spaces [Villard, Col. 15 lines 12-17].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 4,454,569) in view of Yu et al. (US 2014/0268726) (hereinafter Yu).
Re claim 8: Maguire fails to teach the first arm and second arm are pivotally attached using a pin.
Yu teaches the first arm (left 316, fig. 3) and the second arm (right 316, fig. 3) are pivotally attached (see fig. 3) using a pin (420, fig. 4) (see para [0018]).
Therefore, in view of Yu, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the hinge mechanism of Maguire with the pins of Yu where the first arm and the second arm are pivotally attached using a pin, in order to provide an alternative means of allowing pivotal movement of the arms.
Furthermore, it would have been obvious to substitute the hinge of Villard with a pin to pivotally attach the first and second arm to provide another means for allowing pivotal movement, since it has been held that simple substitution of one known element for another to obtain predictable results would be routine to one with ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 4,454,569) in view of Chang (US 6,416,207).
Re claim 14: Maguire fails to teach the first arm has a first cross-member and the second arm has a second cross-member.
Chang teaches a first arm (arms 70, fig. 2) has a first cross-member (members 71, fig. 3) and the second arm (arms 70) has a second cross-member (members 71).
Therefore, in view of Chang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a first cross-member and a second cross-member to the first arm and the second arm of Maguire respectively, in order to allow further adjustment of light for the lighting device.
Re claim 15: Maguire fails to teach the first cross-member is pivotally attached to the central portion of the first arm and the second cross-member is pivotally attached to the central portion of the second arm.
Chang teaches the first cross-member (members 71, fig. 3) is pivotally attached (see fig. 5) to the central portion of the first arm (center of 70, fig. 3) and the second cross-member (members 71, fig. 3) is pivotally attached (see fig. 5) to the central portion of the second arm (center of 70).
Therefore, in view of Chang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a first cross-member and second cross-member to the first and second arms of Villard such that the first cross-member is pivotally attached to the central 15portion of the first arm and the second cross-member is pivotally attached to the central portion of the second arm, in order to allow further adjustment of light for the lighting device.
Re claim 16: Maguire fails to teach the first cross-member and second-cross member are biased to be perpendicular to the central portion of the first arm and second arm.
Chang teaches the first cross-member (members 71, fig. 3) and second-cross member (members 71, fig. 3) are biased to be perpendicular (see figs. 3 and 5) to the central portion of the first arm and second arm (center of arms 70, fig. 3).
Therefore, in view of Chang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a first cross-member and second cross-member to the first and second arms of Villard such that the first cross-member and second-cross member are biased to be perpendicular to the central portion of the first arm and second arm, in order to allow further adjustment of light for the lighting device.
Response to Arguments
Applicant's arguments filed 7/28/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that “The Examiner interprets wall 154 of Maguire as reading on the claimed flanges. Even if this were the case (which Applicant does not concede), it is noted that the claims include, among other things, "one or more lighting components mounted between the first flanges on the center portion of the first arm and/or the second flanges on the center portion of the second arm." In the Office Action, cord 114 is cited as disclosing such lighting components. However, cord 114 is not a lighting component. Rather cord 114 is a cord into which a lighting component (such as tubes 116) are plugged. Therefore, Maguire does not disclose each element of the claims”, the examiner respectfully disagrees. The examiner notes that the combination of the cord 114 along with the fluorescent tube 116 is considered the lighting component since the tube cannot emit light without being powered by the power cord. Therefore, Maguire teaches the lighting component (114, 116) is mounted between the flanges (annotated by 154 and 160 in annotated fig. 11).
The examiner notes no additional arguments were presented for the Villard, Yu, and Chang reference.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZHENG SONG/Primary Examiner, Art Unit 2875