Prosecution Insights
Last updated: April 19, 2026
Application No. 17/840,399

LIGHTING SYSTEM FOR ESTABLISHING A DATABASE OF CORRELATIONS BETWEEN MULTISPECTRAL CIRCADIAN RHYTHM LIGHTING SCENARIO AND PSYCHOLOGICAL STRESS INDEX AND THE METHOD THEREOF

Non-Final OA §103§112§DP
Filed
Jun 14, 2022
Examiner
SMITH, EMILIE ALINE
Art Unit
1686
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Lawrence Lin
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
4y 8m
To Grant
87%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allow Rate
35 granted / 68 resolved
-8.5% vs TC avg
Strong +35% interview lift
Without
With
+35.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 8m
Avg Prosecution
33 currently pending
Career history
101
Total Applications
across all art units

Statute-Specific Performance

§101
28.5%
-11.5% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 68 resolved cases

Office Action

§103 §112 §DP
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 . Priority The instant application claims priority to provisional US Application No. 63/210686, filed 06/15/2021. Therefore, the Effective Filing Date (EFD) assigned to each of the claims 1-20 is the provisional filing date of Application No. 63/210686, filed 06/15/2021. Information Disclosure Statement No Information Disclosure Statement has been filed herein. Drawings The drawings are objected to because in Figure 4, element 411, instead of “Construction of varuous cloud light scene database” should read “Construction of various cloud light scene database”. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Warning Applicant is advised that should claim 1 be found allowable, claim 10 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim Objections Claims 1, 4, 10, and 14 are objected to because of the following informalities: In claims 1, and 10, “wherein the procedures comprising:” should read “wherein the procedures comprise:” In claims 4 and 14, “sunshine illuminance, color temperature change.” should read “sunshine illuminance, and color temperature change” or “sunshine illuminance, or color temperature change” Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The Specification provides support for “the user is tested for cortisol to determine the change of pressure cortisol” (paragraph [0077]), “then go to step 870, immediately sample the blood or saliva of the illuminator through the blood or saliva of the control illuminator” (paragraph [0077]), “when the illuminator receives the lighting of multispectral lighting parameters and circadian rhythm parameters for a certain time in the morning […] and then samples the blood and saliva of the control illuminator, the content of bioactive related to stress hormone in the blood or saliva of the illuminator is detected” (paragraph [0081]), and the like. However, the Specification does not describe how the system is able to perform tests on blood or saliva to measure cortisol, and thus it is not clear how the device is able to sample blood or saliva. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With respect to claim 1, the claim recites the limitation of “starting the illumination of the circadian rhythm lighting scenario”. The claim is indefinite because there is no antecedent basis for “the illumination”, and thus it is unclear what is started. With further respect to claim 1, the claim recites the limitation of “judging whether the circadian rhythm parameter reaches the set value”. The claim is indefinite because there is no antecedent basis for “the set value” and thus it is unclear what the circadian rhythm parameter is being compared to. With further respect to claim 1, the claim recites the limitation of “performing adrenal cortisol test is to obtain a psychological stress index value of an illuminator”. The claim is indefinite because it is unclear if this is an active step of performing a cortisol test on a sample because the claim language is rather directed to a description of what an adrenal cortisol test is. With further respect to claim 1, the claim recites the limitation of “transmitting the circadian rhythm parameters and the psychological stress index values to the cloud”. The claim is indefinite because since it is unclear if the obtaining a psychological stress index value is an active step of the claims, it is unclear what value is being transmitting to the cloud. With respect to claims 6 and 16, the claims recite the limitation of “the directed lighting device is composed of a recessed lamp, a pendant lamp and a ceiling lamp. The claim is indefinite because it is unclear if within the confines of the claim, the directed lighting system is required to comprised of all three, the recessed lamp, pendant lamp, and ceiling lamp, or if instead this limitation is a group from which the directed lighting device may be one of the recited types. With respect to claim 10, the claim recites the limitation of “starting the illumination of the circadian rhythm lighting scenario”. The claim is indefinite because there is no antecedent basis for “the illumination”, and thus it is unclear what is started. With further respect to claim 10, the claim recites the limitation of “judging whether the circadian rhythm parameter reaches the set value”. The claim is indefinite because there is no antecedent basis for “the set value” and thus it is unclear what the circadian rhythm parameter is being compared to. With respect to claim 11, the claim recites the limitation of “starting the illumination of the circadian rhythm lighting scenario”. The claim is indefinite because there is no antecedent basis for “the illumination”, and thus it is unclear what is started. With further respect to claim 11, the claim recites the limitation of “judging whether the circadian rhythm parameter reaches the set value”. The claim is indefinite because there is no antecedent basis for “the set value” and thus it is unclear what the circadian rhythm parameter is being compared to. With respect to claim 20, the claim recites the limitation of “the ambient light sensor executes the light-emitting device for illumination”. The claim is indefinite because it is unclear what is occurring in the claim, as it does not seem that the light sensor is “executing” the light-emitting device, and thus it is unclear if the claim is rather requiring that the ambient light sensor activates the light-emitting device for illumination. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wingren et al. (US 2020/0286604 A1, published September 10, 2020). Regarding claim 1, Wingren discloses a lighting system (200) with a multispectral circadian rhythm lighting scenario, the lighting system is configured in a space (100) and is composed of a portable communication device (106), a management control module (108), a cloud, an ambient light sensor (104) and a light-emitting device (102), wherein the execution steps of the lighting system comprising: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral circadian rhythm lighting scenario database from the internet to the cloud (paragraphs [0006]-[0008]; [0028]; [0030]; [0056]-[0057]; [0071]); starting the lighting of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database to activate the light-emitting device to perform an illumination on an illuminator (110) (paragraph [0095]-[0101]); and establishing a multispectral circadian rhythm lighting scenario and health condition correlation database, and the portable communication device or the management control module transmits the circadian rhythm parameters and the health condition index values to the cloud (paragraph [0095]-[0101]; [0107]; [0114]). Wingren et al. teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Wingren et al. also teaches that the light stimulation may cause a change in cortisol secretion (paragraph [0107]). Although Wingren et al. does not explicitly teach the claim element of performing an adrenal cortisol test to obtain a psychological stress index value, it would have been prima facie obvious to one of ordinary skill in the art to measure cortisol levels of an individual in response to lighting conditions because the light stimulation of Wingren et al. can cause cortisol secretion changes (paragraph [0107]) and it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Regarding claim 2, the claim is directed to the circadian rhythm parameters including circadian rhythm lighting parameters and circadian rhythm scenario parameters. Wingren et al. teaches the system of claim 1. Wingren et al. also teaches that the circadian rhythm parameters include: circadian rhythm lighting parameters and circadian rhythm scenario parameters (paragraphs [0025]-[0026]; [0059]; [0089]; [0120]). Regarding claim 3, the claim is directed to the multispectral lighting parameters being the lighting parameters such as the spectrum, light intensity, flicker frequency and color rendering (Ra) of the light-emitting device. Wingren et al. teaches the system of claim 1. Wingren et al. also teaches that the multispectral lighting parameters are the lighting parameters such as the spectrum, light intensity, flicker frequency and color rendering (Ra) of the light-emitting device (paragraphs [0059]; [0089]; [0106]-[0113]). Regarding claim 4, the claim is directed to the circadian lighting parameters including Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunshine illuminance, and color temperature change. Wingren et al. teaches the system of claim 2. Wingren et al. also teaches that the circadian rhythm lighting parameters include Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance, color temperature change (paragraph [0084]). Regarding claim 5, the claim is directed to the circadian rhythm scenario parameters being composed of the light illuminated by the directed lighting device and the indirect lighting device. Wingren et al. teaches the system of claim 2. Wingren et al. also teaches that the circadian rhythm scenario parameters are composed of the light illuminated by the direct lighting device and the indirect lighting device (paragraphs [0090]-[0092]). Regarding claim 6, the claim is directed to the directed lighting device being composed of a recessed lamp, a pendent lamp, and a ceiling lamp. Wingren et al. teaches the system of claim 5. Wingren et al. also teaches that the direct lighting device include a recessed lamp, a pendent lamp and a ceiling lamp (Fig. 1). Regarding claim 7, the claim is directed to the light of the indirect lighting device being generated by the light reflected from the wall surface. Wingren et al. teaches the system of claim 5. Wingren et al. also teaches that the light of the indirect lighting device is generated by the light reflected from the wall surface (paragraph [0082]). Regarding claim 8, the claim is directed to the psychological stress index value being an adrenal cortisol index value. Wingren et al. teaches the system of claim 1. Wingren et al. also teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Wingren et al. also teaches that the light stimulation may cause a change in cortisol secretion (paragraph [0107]). Regarding claim 9, the claim is directed to the psychological stress correlation database including psychological stress index values and circadian rhythm parameters. Wingren et al. teaches the system of claim 1. Wingren et al. also teaches that the information in the establishment of the associated database includes psychological stress index values and circadian rhythm parameters (paragraphs [0025]-[0026], [0059], [0089], [0120]). Wingren et al. also teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Regarding claim 10, Wingren discloses a lighting system (200) with a multispectral circadian rhythm lighting scenario, the lighting system is configured in a space (100) and is composed of a portable communication device (106), a management control module (108), a cloud, an ambient light sensor (104) and a light-emitting device (102), wherein the execution steps of the lighting system comprising: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral lighting-emitting device cloud database from the internet to the cloud (paragraphs [0006]-[0008]; [0028]; [0030]; [0056]-[0057]; [0071]); starting the lighting of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database, transmitting the parameters to the ambient light sensor, to activate the light-emitting device to perform an illumination on an illuminator (110; paragraphs [0061]; [0080]-[0087]); [0095]-[0101]); and establishing a multispectral circadian rhythm lighting scenario and health condition correlation database, and the portable communication device or the management control module transmits the circadian rhythm parameters and the health condition index values to the cloud (paragraph [0095]-[0101]; [0107]; [0114]). Wingren et al. teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Wingren et al. also teaches that the light stimulation may cause a change in cortisol secretion (paragraph [0107]). Although Wingren et al. does not explicitly teach the claim element of performing an adrenal cortisol test to obtain a psychological stress index value, it would have been prima facie obvious to one of ordinary skill in the art to measure cortisol levels of an individual in response to lighting conditions because the light stimulation of Wingren et al. can cause cortisol secretion changes (paragraph [0107]) and it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Regarding claim 11, Wingren discloses a lighting method with a multispectral circadian rhythm lighting scenario is to configure a light-emitting device (102) and a lighting system (200) in a space (100), wherein the lighting system is composed of a portable communication device (106), a management control module (108), a cloud, and an ambient light sensor (104), comprising: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral lighting-emitting device cloud database from the internet to the cloud (paragraphs [0006]-[0008]; [0028]; [0030]; [0056]-[0057]; [0071]); starting the lighting of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database, transmitting the parameters to the ambient light sensor, to activate the light-emitting device to perform an illumination on an illuminator (110; paragraphs [0095]-[0101]); and establishing a multispectral circadian rhythm lighting scenario and health condition correlation database, and the portable communication device or the management control module transmits the circadian rhythm parameters and the health condition index values to the cloud (paragraphs [0095]-[0101]; [0107]; [0114]). Wingren et al. teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Wingren et al. also teaches that the light stimulation may cause a change in cortisol secretion (paragraph [0107]). Although Wingren et al. does not explicitly teach the claim element of performing an adrenal cortisol test to obtain a psychological stress index value, it would have been prima facie obvious to one of ordinary skill in the art to measure cortisol levels of an individual in response to lighting conditions because the light stimulation of Wingren et al. can cause cortisol secretion changes (paragraph [0107]) and it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Regarding claim 12, the claim is directed to the circadian rhythm parameters including a circadian rhythm lighting parameter and a circadian rhythm scenario parameter. Wingren et al. teaches the method of claim 11. Wingren et al. also teaches that the circadian rhythm parameters include: circadian rhythm lighting parameters and circadian rhythm scenario parameters (paragraphs [0025]-[0026]; [0059]; [0089]; [0120]). Regarding claim 13, the claim is directed to the multispectral lighting parameters being the lighting parameters such as the spectrum, light intensity, flicker frequency, and color render (Ra) of the light-emitting device. Wingren et al. teaches the method of claim 11. Wingren et al. also teaches that the multispectral lighting parameters are the lighting parameters such as the spectrum, light intensity, flicker frequency and color rendering (Ra) of the light-emitting device (paragraphs [0059]; [0089]; [0106]-[0113]). Regarding claim 14, the claim is directed to the circadian rhythm lighting parameters including Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunshine illuminance, and color temperature change. Wingren et al. teaches the method of claim 12. Wingren et al. also teaches that the circadian rhythm lighting parameters include Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance, color temperature change (paragraph [0084]). Regarding claim 15, the claim is directed to the circadian rhythm scenario parameters being composed of the light from the direct lighting device and the indirect lighting device. Wingren et al. teaches the method of claim 12. Wingren et al. also teaches that the circadian rhythm scenario parameters are composed of the light illuminated by the direct lighting device and the indirect lighting device (paragraphs [0090]-[0092]). Regarding claim 16, the claim is directed to the directed lighting device being composed of a recessed lamp, a pendant lamp, and a ceiling lamp. Wingren et al. teaches the method of claim 15. Wingren et al. also teaches that the direct lighting device includes a recessed lamp, a pendent lamp and a ceiling lamp (Fig. 1). Regarding claim 17, the claim is directed to the light of the indirect lighting device being generated by light reflected from the wall surface. Wingren et al. teaches the method of claim 15. Wingren et al. also teaches that the light of the indirect lighting device is generated by the light reflected from the wall surface (paragraph [0082]). Regarding claim 18, the claim is directed to the psychological stress index value being a cortisol index value. Wingren et al. teaches the method of claim 11. Wingren et al. also teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Wingren et al. also teaches that the light stimulation may cause a change in cortisol secretion (paragraph [0107]). Regarding claim 19, the claim is directed to the multispectral circadian rhythm lighting scenario and psychological stress correlation database including psychological stress index values and circadian rhythm parameters. Wingren et al. teaches the method of claim 11. Wingren et al. also teaches that the information in the establishment of the associated database includes psychological stress index values and circadian rhythm parameters (paragraphs [0025]-[0026], [0059], [0089], [0120]). Wingren et al. also teaches that it is known that blue light in the morning increases cortisol and reduces melatonin increasing attentiveness and focus, while warmer red tone increases the body’s melatonin and reduces cortisol causing relaxation (paragraph [0003]). Regarding claim 20, the claim is directed to when executing the lighting of a circadian rhythm lighting scenario, a portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database, and transmits the multispectral lighting parameter and the circadian rhythm parameter to the ambient light sensor, the ambient light sensor executing the light-emitting device for illumination. Wingren et al. teaches the method of claim 11. Wingren et al. also teaches that when starting the lighting of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a section parameter from the multispectral circadian rhythm lighting scenario database, and transmitting the multispectral lighting parameter and the circadian rhythm parameter to the ambient light sensor to activate the light-emitting device for lighting (paragraphs [0061]; [0080]-[0087]). 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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 17/840903. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of Application ‘903 encompass the instant claims. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application Application ‘903 Claim(s) Limitations Claim(s) Limitations 1 A lighting system for establishing multispectral circadian rhythm lighting scenarios and psychological stress correlation database, the lighting system is configured in a space and is composed of a portable communication device, a management control module, a cloud, an ambient light sensor and a light-emitting device, the lighting system established the multispectral circadian rhythm lighting scenario and psychological stress correlation database through the following procedures; wherein the procedures comprise: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral circadian rhythm lighting scenario database from internet to the cloud; starting the illumination of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database to activate the light-emitting device for lighting; judging whether the circadian rhythm parameter reaches the set value, measuring the circadian rhythm parameter value in the space through the ambient light sensor, and judging whether the circadian rhythm parameter reaches the set value through the portable communication device or the management control module; when each circadian rhythm parameter in the circadian rhythm lighting scenario database has reached the set value, the portable communication device activates the light-emitting device for lighting; performing adrenal cortisol test is to obtain a psychological stress index value of an illuminator after sampling and testing the blood or saliva of the illuminator; and establishing a multispectral circadian rhythm lighting scenario and psychological stress correlation database and transmitting the circadian rhythm parameters and the psychological stress index values to the cloud through the portable communication device or the management control module. 1 A lighting system with a multispectral-circadian-rhythm-lighting scenario composed of a portable communication device, a management control module, a cloud, an ambient light sensor and a light-emitting device in a space, wherein the lighting system executes a plurality of steps comprising: accessing to a multispectral-circadian-rhythm-lighting scenario database by the portable communication device through the management control module in the cloud, wherein the multispectral-circadian-rhythm-lighting scenario database stored in the cloud comprises: a plurality of multispectral-lighting parameters corresponding to a plurality of specific color temperatures, wherein the specific color temperatures are acquired by a plurality of establishing steps conducted on a plurality of testers and the establishing steps are conducted with a plurality of known pictures for stimulating the testers to have a plurality of specific emotions, and wherein the establishing steps comprises: guiding the testers to see the known pictures and recording a plurality of blood oxygen-level dependent (BOLD) contrast responses for the testers; conducting a plurality of visual simulations by irradiating light to the testers and recording a plurality of results of the BOLD contrast responses for the testers, wherein each of the visual simulations comprises irradiating light with a plurality of different color temperatures and screening the results of the BOLD contrast responses to acquire the specific color temperatures with the corresponding multispectral-lighting parameters, wherein each of the specific color temperatures makes one of the specific emotions reach a maximum response value according to the results of the BOLD contrast responses and a plurality of circadian-rhythm parameters in a plurality of time divisions, wherein the circadian-rhythm parameters at least comprise settings of Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance and color temperature change; starting a lighting of the multispectral-circadian-rhythm-lighting scenario by activating the light-emitting device in the space to perform an illumination on an illuminator in the space, wherein at least one of the multispectral-lighting parameters and the circadian-rhythm parameters in one of the time divisions are selected by the portable communication device to activate the light-emitting device; following the start step, obtaining a psychological stress index value of the illuminator after a blood or saliva of the illuminator is samples and conducted an adrenal cortisol test; and transmitting the circadian-rhythm parameters in the selected time division and the psychological stress index value to the cloud to correlate with the multispectral-circadian-rhythm-lighting scenario database 10 A lighting system for establishing multispectral circadian rhythm lighting scenarios and psychological stress correlation database, the lighting system is configured in a space and is composed of a portable communication device, a management control module, a cloud, an ambient light sensor and a light-emitting device, the lighting system established the multispectral circadian rhythm lighting scenarios and psychological stress correlation database through the following procedures, wherein the procedures comprise: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral circadian rhythm lighting scenario database from internet to the cloud; starting the illumination of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database, transmitting the parameters to the ambient light sensor, to execute the light-emitting device for lighting; judging whether the circadian rhythm parameter reaches the set value, measure the circadian rhythm parameter value in the space through the ambient light sensor, and judging whether the circadian rhythm parameter reaches the set value through the portable communication device or the management control module; when each circadian rhythm parameter in the circadian rhythm lighting scenario database has reached the set value, the portable communication device activates the light-emitting device for lighting; performing adrenal cortisol test to obtain the psychological stress index value of an illuminator after sampling and testing the blood or saliva of the illuminator; and establishing a multispectral circadian rhythm lighting scenario and psychological stress correlation database and transmitting the circadian rhythm parameters and the psychological stress index values to the cloud through the portable communication device or the management control module. 1 A lighting system with a multispectral-circadian-rhythm-lighting scenario composed of a portable communication device, a management control module, a cloud, an ambient light sensor and a light-emitting device in a space, wherein the lighting system executes a plurality of steps comprising: accessing to a multispectral-circadian-rhythm-lighting scenario database by the portable communication device through the management control module in the cloud, wherein the multispectral-circadian-rhythm-lighting scenario database stored in the cloud comprises: a plurality of multispectral-lighting parameters corresponding to a plurality of specific color temperatures, wherein the specific color temperatures are acquired by a plurality of establishing steps conducted on a plurality of testers and the establishing steps are conducted with a plurality of known pictures for stimulating the testers to have a plurality of specific emotions, and wherein the establishing steps comprises: guiding the testers to see the known pictures and recording a plurality of blood oxygen-level dependent (BOLD) contrast responses for the testers; conducting a plurality of visual simulations by irradiating light to the testers and recording a plurality of results of the BOLD contrast responses for the testers, wherein each of the visual simulations comprises irradiating light with a plurality of different color temperatures and screening the results of the BOLD contrast responses to acquire the specific color temperatures with the corresponding multispectral-lighting parameters, wherein each of the specific color temperatures makes one of the specific emotions reach a maximum response value according to the results of the BOLD contrast responses and a plurality of circadian-rhythm parameters in a plurality of time divisions, wherein the circadian-rhythm parameters at least comprise settings of Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance and color temperature change; starting a lighting of the multispectral-circadian-rhythm-lighting scenario by activating the light-emitting device in the space to perform an illumination on an illuminator in the space, wherein at least one of the multispectral-lighting parameters and the circadian-rhythm parameters in one of the time divisions are selected by the portable communication device to activate the light-emitting device; following the start step, obtaining a psychological stress index value of the illuminator after a blood or saliva of the illuminator is samples and conducted an adrenal cortisol test; and transmitting the circadian-rhythm parameters in the selected time division and the psychological stress index value to the cloud to correlate with the multispectral-circadian-rhythm-lighting scenario database 11 A method for establishing a correlation database between multispectral circadian rhythm lighting scenario and a psychological stress index is to configure a light-emitting device and a lighting system in a space, the lighting system is composed of a portable communication device, a management control module, a cloud and an ambient light sensor comprising: acquiring a multispectral circadian rhythm lighting scenario database, wherein the portable communication device downloads the multispectral circadian rhythm lighting scenario database through the internet to the cloud; starting the illumination of the circadian rhythm lighting scenario, the portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter form the multispectral circadian rhythm lighting scenario database to start the light-emitting device for lighting; judging whether the circadian rhythm parameter reaches the set value, measuring the circadian rhythm parameter value in the space through the ambient light sensor, and judging whether the circadian rhythm parameter reaches the set value through the portable communication device or the management control module; when each circadian rhythm parameter in the circadian rhythm lighting scenario database has reached the set value, the portable communication device activates the light-emitting device to an illuminate the illuminator; performing adrenal cortisol test to obtain the psychological stress index value of an illuminator after testing the blood or saliva of the illuminator; and establishing a multispectral circadian rhythm lighting scenario and psychological stress correlation database transmitting the circadian rhythm parameters and the psychological stress index values to the cloud through the portable communication device or the management control module. 11 A lighting method with a multispectral-circadian-rhythm-lighting scenario by a lighting system composed of a light emitting device, a portable communication device, a management control module, a cloud and an ambient light sensor, the lighting method comprising: providing a multispectral-circadian-rhythm-lighting scenario database in the cloud, wherein the multispectral-circadian-rhythm-lighting scenario database comprises: a plurality of multispectral-lighting parameters corresponding to a plurality of specific color temperatures, wherein the specific color temperatures are acquired by a plurality of establishing steps conducted on a plurality of testers and the establishing steps are conducted with a plurality of known picture for stimulating the testers to have a plurality of specific emotions, and wherein the establishing steps comprises: guiding the testers to see the known pictures and recording a plurality of blood oxygen-level dependent (BOLD) contrast responses for the testers; conducting a plurality of visual simulations by irradiating light to the testers and recording a plurality of results of the BOLD contrast responses for the testers, wherein each of the visual simulations comprises irradiating light with a plurality of different color temperatures; and screening the results of the BOLD contrast responses to acquire the specific color temperatures with the corresponding multispectral-lighting parameters, wherein each of the specific color temperatures makes one of the specific emotions reach a maximum response value according to the results of the BOLD contrast responses; and a plurality of circadian-rhythm parameters in a plurality of time divisions, wherein the circadian-rhythm parameters at least comprise settings of Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance and color temperature change; selecting one of the multispectral-lighting parameters and the circadian-rhythm parameters in one of the time divisions in the multispectral-circadian-rhythm-lighting scenario database; starting lighting of the multispectral-circadian-rhythm-lighting scenario according to the settings of the selected multispectral-lighting parameter and the selected circadian-rhythm parameters and performing an illumination on an illuminator; performing an adrenal cortisol test to obtain a psychological stress index value of the illuminator after testing blood or saliva of the illuminator who has stayed in the space with the multispectral-circadian-rhythm-lighting scenario for a period of time; and transmitting the selected circadian-rhythm parameters and the psychological stress index value to the cloud 2, 12 wherein the circadian rhythm parameters include circadian rhythm lighting parameters and circadian rhythm scenario parameters 1, 11 a plurality of circadian-rhythm parameters in a plurality of time divisions, wherein the circadian-rhythm parameters at least comprise settings of Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance and color temperature change 3, 13 the multispectral lighting parameters are the lighting parameters such as the spectrum, light intensity, flicker frequency, and color render (Ra) of the light-emitting device 3, 13 wherein the multispectral-lighting parameters comprise spectrum, light intensity, flicker frequency and color render (Ra) of the light-emitting device 4, 14 wherein the circadian rhythm lighting parameters include Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunshine illuminance, and color temperature 1, 11 a plurality of circadian-rhythm parameters in a plurality of time divisions, wherein the circadian-rhythm parameters at least comprise settings of Equivalent Melanopic Lux (EML), Circadian Action Factor (CAF), sunlight illuminance and color temperature change 5, 15 wherein the circadian rhythm scenario parameters are composed of the light illuminated by the directed lighting device and the indirect lighting device 5, 15 wherein the light-emitting device comprises at least one of a direct lighting lamp group or an indirect lighting lamp group 6, 16 wherein the direct lighting device is composed of a recessed lamp, a pendent lamp, and a ceiling lamp 6, 16 wherein the direct lighting lamp group includes a recessed lamp, a pendent lamp and a ceiling lamp 7, 17 wherein the light of the indirect lighting device is generated by the light reflected from the wall surface 7, 17 wherein the indirect lighting lamp group irradiates light reflected from a wall surface 8, 18 wherein the psychological stress index value is an adrenal cortisol index value 8, 18 wherein the psychological stress index value is a cortisol index value 9 wherein the psychological stress correlation database includes psychological stress index values and circadian rhythm parameters 9 wherein the information in a correlated database includes psychological stress index values and circadian-rhythm parameters 19 wherein the multispectral circadian rhythm lighting scenario and psychological stress correlation database includes psychological stress index values and circadian rhythm parameters 19 establishing the relationship between the multispectral-circadian-rhythm-lighting scenario and psychological stress with the transmitted psychological stress index value and the transmitted circadian-rhythm parameters 20 wherein when executing the lighting of a circadian rhythm lighting scenario, a portable communication device selects a multispectral lighting parameter and a circadian rhythm parameter from the multispectral circadian rhythm lighting scenario database, and transmits the multispectral lighting parameter and the circadian rhythm parameter to the ambient light sensor, the ambient light sensor executes the light-emitting device for illumination 20 wherein the step of starting comprises transmitting the selected multispectral-lighting parameter and the selected circadian-rhythm parameters to the ambient light sensor to activate the light-emitting device for lighting Conclusion No claims are allowed. The claims meet the statutory requirements of 35 USC 101 because claims 1-10 recite a particular machine and not abstract ideas, and claims 11-20 recite steps of using this particular machine and do not recite abstract ideas. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Emilie A Smith whose telephone number is (571)272-7543. The examiner can normally be reached 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, Larry D Riggs can be reached at (571)270-3062. 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. /E.A.S./Examiner, Art Unit 1686 /LARRY D RIGGS II/Supervisory Patent Examiner, Art Unit 1686
Read full office action

Prosecution Timeline

Jun 14, 2022
Application Filed
Mar 12, 2024
Response after Non-Final Action
Feb 05, 2026
Non-Final Rejection — §103, §112, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603150
CALCULATING CELL-TYPE RNA PROFILES FOR DIAGNOSIS AND TREATMENT
2y 5m to grant Granted Apr 14, 2026
Patent 12602520
MACHINE-LEARNING VIRTUALIZATION-ENABLED HARVESTING
2y 5m to grant Granted Apr 14, 2026
Patent 12586661
HARDWARE ACCELERATED K-MER GRAPH GENERATION
2y 5m to grant Granted Mar 24, 2026
Patent 12518850
SYSTEMS AND METHODS FOR FULLY AUTOMATED PROTEIN ENGINEERING
2y 5m to grant Granted Jan 06, 2026
Patent 12514640
SYSTEMS AND METHODS FOR VISUALLY GUIDING BONE REMOVAL DURING A SURGICAL PROCEDURE ON A JOINT
2y 5m to grant Granted Jan 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
52%
Grant Probability
87%
With Interview (+35.4%)
4y 8m
Median Time to Grant
Low
PTA Risk
Based on 68 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month