DETAILED ACTION
This action is in response to the applicant’s preliminary amendment filed on August 8, 2022.
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 .
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 11,204,143 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 8, 2022 and May 8, 2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Reissue Application – 35 U.S.C. 251
Claims 1-7, 9-13 and 15-19 are rejected under 35 U.S.C. 251 as being in violation of the original patent requirement.
Section 251 requires that reissue is for “the invention disclosed in the original patent.” In order to satisfy the original patent requirement, “[i]t must appear from the face of the instrument that what is covered by the reissue was intended to have been covered and secured by the original.” U.S. Indus. Chems., Inc. v. Carbide & Carbon Chems. Corp., 315 U.S. 668, 676 (1942). Furthermore, “it is not enough that an invention might have been claimed in the original patent because it was suggested or indicated in the specification.” Id. In other words, the original patent “must clearly and unequivocally disclose the newly claimed invention as a separate invention.” Antares Pharma, Inc. v. Medac Pharma Inc., 771 F.3d 1354, 1362 (Fed. Cir. 2014).
In the present case, the original patent disclosed both a ‘disk light body’ and an ‘annular shelf’.
This is set forth in at least the abstract which recites “[a] solar disk light has a central body and an annular shelf surrounding the central body…’, the summary off the invention which discloses “a disk light comprises a disk light body comprising a central body and an annular shelf surrounding the central body” (col. 1, lines 34-36) and the detailed description which discloses “[d]isk light body 5 further comprises an annular shelf 12 surrounding central body 11”. (col. 3, lines 4-5). In addition, every single figure disclosed a ‘disk light body” which comprises an ‘annular shelf’. The Examiner also notes that each of the original claims filed in US Patent Application 17/337,580 where each directed to a solar disk light and an annular shelf.
The Examiner notes that in col. 4, lines 4-6, the disk light 5 body is disclosed to cover various shapes for the disk lights including “square, triangular, hexagonal, in an irregular shape, or any shape.” However, the original patent never described any embodiments with these different shapes. The Examiner also notes that for reissue claims, “the specification of the original patent must do more than merely suggest or indicate the invention recited in reissue claims; ‘[i]t must appear from the face of the instrument that what is covered by the reissue was intended to have been covered and secured by the original.’” Forum US, Inc. v. Flow Valve, LLC, 926 F.3d 1346, 1351–52 (Fed. Cir. 2019) (quoting U.S. Indus. Chems. Inc. v. Carbide & Carbon Chems. Corp., 315 U.S. 668, 676 (1942)) .
As set forth in the current reissue claims, the claims are directed to a ‘light body’ and a ‘shelf’. The Examiner finds that it does not appear from the face of the original patent that applicant intended to cover and secure “a solar light” without it being a ‘solar disk light’; “a light body” without it being ‘a disk light body’ or a “shelf”, without it being an ‘annular shelf”.
As set forth above, each of the original claims of the underlying patent, as well as the specification only discloses a disk light body and an annular shelf.
Thus the Examiner determines that the underlying patent does not clearly and unequivocally disclose any embodiment without a disk light body or an annular shelf, thus to broaden the claims to permit such an embodiment runs afoul of the original patent requirement.
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.
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 1-19 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.
Claim 1 recites “defining a gap between an inner surface of the and the central body”. This limitation is not clear since it doesn’t recite the element which corresponds to the inner surface.
For purposes of prior art consideration, it will be assumed that that the inner surface relates to the shelf. Claims 2-19 are rejected for being dependent on a rejected base claim.
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.
Claim(s) 1, 2, 7-9, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hollinger US Patent Pub. 2019/0128486 in view of Wang US Patent Pub. 2013/0258646.
Regarding claim 1:
A solar [disk] light comprising:
Hollinger is directed to a solar disk light. See Figure 1 and paragraph [0023] which discloses a disk light 1 comprising disk body 5.
a [disk] light body comprising a central body and [an annular] a shelf surrounding the central body and attached to the central body by one or more struts, defining a gap between an inner surface of the [annular shelf] and the central body;
As explained in paragraph [0023], Hollinger discloses a disk light 1 comprising a disk body 5. Hollinger explains that the disk body 5 serves as a housing and carrier for solar cells 11 (the solar cells are placed on a central body). See Figure 1 and 13.
As showing in Figure 9, Hollinger discloses and paragraph [0026], Hollinger discloses a shelf (frame 2) surrounding the central body (5) and attached to the central body by one or more struts (pegs 18). As explained in paragraph [0026], the shelf receives, holds and supports the pegs of the disk body. Therefore, the shelf is attached to the central body by the pegs since it holds it in place. See also Figures 2, 9-10. As also shown in Figure 1, there is a gap between an inner surface of the [shelf] and the central body 5. See also paragraph [0026] which discloses a clearance gap between the disk body and the frame.
LEDs disposed on the [annular] shelf;
Hollinger discloses of LEDs disposed on the central body (see paragraph [0023]and Figure 1. The Examiner finds that Hollinger does not specifically disclose LEDs disposed on the shelf.
Nonetheless, Wang is directed to an omni-directional light radiating lamp (see the abstract and Figure 1) with a solar conversion layer. See paragraph [0027]. Wang further discloses a shelf with a plurality of LEDs disposed on a shelf. See Figure 4 and paragraph [0022]which discloses a plurality of omni-directional light emitting diodes 142 which are position on a shelf.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add LEDs on a shelf. As explained by Wang in paragraph [0022] by placing the LEDs on the shelf, or around the circumference of the lamp body, they would form a point light source of a light radiation with an angle coverage of 360 degrees. Thus, it would have been obvious to a person of ordinary skill in the art to add additional LED lights to the shelf of Hollinger in order to add more light coverage.
the central body having solar cells on an outer surface thereof for harvesting solar energy and detecting ambient light;
As set forth in paragraph [0023], Hollinger discloses the disk body (central body) having solar cells 11 for harvesting solar energy and detecting ambient light.
the central body containing lighting components comprising a rechargeable battery for storing harvested solar energy,
As set forth in paragraph [0023], Hollinger discloses the central body includes a rechargeable battery 12, for storing the harvested solar energy.
a switch having an ON position and an OFF position for enabling and disabling electrical power delivery to the LEDs from the rechargeable battery, and
As set forth in paragraph [0023], Hollinger discloses the central body includes a two-position (ON/OFF) latching pushbutton switch 145 for enabling and disabling electrical power delivery to LEDs 14. Hollinger discloses the switch, wiring and driver electronics are configured to deliver electrical power to the LEDs from the battery (thereby turning the LEDs on) when the switch is in the ON position and the solar cells are not detecting ambient light; and to cut off power to the LEDs (thereby turning the LEDs off) when the switch is in the OFF position or the solar cells are detecting ambient light.
wiring and driver electronics for operably connecting the solar cells, rechargeable battery, switch, and LEDs,
As set forth in paragraph [0023], Hollinger discloses “and wiring and driver electronics (not numbered) for driving and controlling the solar cells 11, battery 12, and LEDs 13.”
the wiring and driver electronics configured to deliver electrical power to the LEDs from the rechargeable battery in the ON position and the solar cells are free of ambient light detection and to cut off power to the LEDs in the OFF position or the solar cells are detecting ambient light;
Hollinger in paragraph [0023] discloses the switch, wiring and driver electronics are configured to deliver electrical power to the LEDs from the battery (thereby turning the LEDs on) when the switch is in the ON position and the solar cells are not detecting ambient light; and to cut off power to the LEDs (thereby turning the LEDs off) when the switch is in the OFF position or the solar cells are detecting ambient light.
a shell on the [disk] light body, the shell being translucent and covering the [annular] shelf and LEDs, such that light emitted by the LEDs shines through the shell,
Hollinger discloses a frame (shell) on the light body. See Figure 1 and paragraph [0026] Hollinger does not specifically disclose a shell on the light body being translucent.
Nonetheless, Wang discloses a shell (cover 18) which is on a light body (see paragraphs [0023-0023] and which is translucent. See paragraph [0025] and Figure 3. Wang also discloses a plurality of omni-directional light emitting diodes 142 and where the cover (shell) is over the omni-directional light emitting diodes and thus the LEDs shine through the translucent cover 18. See Figs. 4 and 8.
the shell having an opening for receiving the central body such that the solar cells are free of the shell,
Hollinger discloses that its shell having an opening for receiving the central body and where the solar cells are free of the shell. See Figure 1 and paragraph [0023].
In addition, as set forth above it would have been obvious to a person of ordinary skill in the art to add LEDs to the outer shelf and have a translucent shell over the shelf as taught by Wang.
The Examiner finds that Hollinger in view of Wang discloses that the shell of Wang has an opening and that the central body of Hollinger will have the solar cells free of the shells. That is, the shell of Wang is only over the outer ring and doesn’t cover the inner ring. Thus, the central body of Hollinger, would be free of the shell. See Figure 4 of Wang and Figures 1 and 4.
the shell having an inner wall received in the gap.
As shown in Figure 7 and 8 of Hollinger, the frame/shell, the inner rim would be received in the gap. See also paragraph [0026].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a translucent shell so that the LEDs on the shelf can shine through the translucent shell. As explained by Wang, it was known to include LEDs on an shelf surrounding an inner area in order to increase the amount of light. Wang shows that it was known to use a translucent shell so that the light can shine through. Therefore, it would have been obvious to a person of ordinary skill in the art to use a translucent shell when placing the LED lights on an outer shelf such as the shelf disclosed by Hollinger, in order for light to shine through and in order to increase the light coverage.
Regarding claim 2:
The solar [disk] light of claim 1 further comprising a landscape spike removably attached to the [disk] light body, the landscape spike configured for insertion into the ground, thereby affixing the solar [disk] light to the ground.
See paragraph [0027] of Hollinger, which discloses the frame 2 has recesses 23 in frame bottom 4 to permit removable attachment of a landscape spike to disk light 1. See Figures 11 and 12. See also paragraph [0004]
Regarding claim 7:
A kit for making a solar [disk] light assembly, the kit comprising a solar [disk] light according to claim 1, and a pair of blades having slots formed therein for assembling and interlocking the blades together to form a landscape spike removably attachable to the central body by pegs formed in the blades and also configured for insertion into the ground, thereby affixing the solar [disk] light to the ground.
Hollinger discloses a landscape light kit comprises disk light 1, long blade 31 and short blade 32. The end-user assembles blades 31, 32 to form spike 30, and assembles spike 30 to disk light 1, to form a finished tiltable landscape disk light assembly. See paragraph [0029]. See also Figure 11 and 12 which shows a pair of blades having slots formed for forming a landscape spike by pegs formed in the blades. See paragraph [0027]
Regarding claim 8:
The solar light of claim 1 wherein the solar light is a disk light, the light body is in the shape of a disk, and the shelf is annular.
See Figure 1 and paragraph [0003-0004] of Hollinger.
Regarding claim 9:
The solar light of claim 1 wherein the solar light is round.
See Figure 1 and paragraph [0003-0004] of Hollinger.
Regarding claim 14:
The kit of claim 7 wherein the solar light is a disk light, the light body is in the shape of a disk, and the shelf is annular.
See Figure 1 and paragraph [0003-0004] of Hollinger.
Regarding claim 15:
The kit of claim 7 wherein the solar light is round.
See Figure 1 and paragraph [0003-0004] of Hollinger.
Claim(s) 3 -5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hollinger US Patent Pub. 2019/0128486 in view of Wang US Patent Pub. 2013/0258646 and further in view of Chen US Patent Pub. 2012/0069581.
Regarding claim 3:
The solar [disk] light of claim 1 wherein the shell comprises translucent decorative elements disposed on or in the shell such that light emitted by the LEDs shines through the translucent decorative elements.
Hollinger and Wang, as set forth above, discloses that the shell can be made of a transparent, translucent, or opaque blasted glass material. See paragraph [0025] of Wang. Hollinger and Wang do not specifically disclose that the shell comprises “translucent decorative elements”,
Nonetheless, it would have been obvious to add ‘decorative elements’ to the shell. As explained by Wang it was already known to have different materials for the shell and thus adding a decorative element would have been led a person of ordinary skill in the art to consider different types of materials.
The Examiner finds that Chen discloses that it was known for a solar powered lighting fixture to be designed with a composite material with a translucent mosaic covering which is composed of a plurality of glass shards affixed to an exterior surface of the transparent liner and having a grout compound infused in the interstices between the plurality of glass shards. See paragraph [0037]. Thus, Chen discloses that it was known to place decorative elements on a translucent liner (see paragraph [0037] and Figure 1.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to add translucent decorative elements on the shelf as this is a matter of design choice. In addition, as explained by Chen, adding decorative element will enhance its commercial and decorative value and it was known to make outdoor light fixtures to be as attractive as possible. See paragraph [0010].
Regarding claim 4 :
The solar [disk] light of claim 3 wherein an opaque substance is disposed on the surface of the shell between the translucent decorative elements to partially or fully block light emitted by the LEDs.
Hollinger does not specifically disclose of putting an opaque substance on the surface of the shell between translucent decorative elements.
Nonetheless, Chen discloses that it was known for a solar powered lighting fixture to be designed with a composite lens with a translucent mosaic covering which is composed of a plurality of glass shards affixed to an exterior surface of the transparent liner and having a grout compound infused in the interstices between the plurality of glass shards. See paragraph [0037]. Thus, Chen discloses of an opaque substance disposed on the surface of a shell (grout compound) between the translucent decorate elements (see paragraph [0037] and Figure 1. Since the substance is opaque, it will fully block light emitted by the LEDs.
As set forth above, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to add translucent decorative elements on the shelf since as explained by Chen, adding decorative element will enhance its commercial and decorative value and it was known to make outdoor light fixtures to be as attractive as possible. See paragraph [0010]. In addition, Chen discloses that this includes using an opaque substance between the decorate elements (glass shards) as part of its decorative design. As set forth in paragraph [0020] this would provide for a “tiffany-style lens assembly”
Regarding claim 5:
The solar [disk] light of claim 3 wherein the translucent decorative elements are disposed on or in a top of the shell, and on or in the sides of the shell.
Hollinger does not specifically disclose wherein the translucent decorative elements are disposed on or in a top of the shell, and on or in the sides of the shell.
The Examiner finds that Chen discloses that it was known for a solar powered lighting fixture to be designed with a composite material with a translucent mosaic covering which is composed of a plurality of glass shards affixed to an exterior surface of the transparent liner and having a grout compound infused in the interstices between the plurality of glass shards. See paragraph [0037]. Thus, Chen discloses that it was known to place decorative elements on a translucent liner (see paragraph [0037] and Figure 1.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to add translucent decorative elements on the shelf as this is a matter of design choice. In addition, as explained by Chen, adding decorative element will enhance its commercial and decorative value and it was known to make outdoor light fixtures to be as attractive as possible. See paragraph [0010].
Claim(s) 6, 10-13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hollinger US Patent Pub. 2019/0128486 in view of Wang US Patent Pub. 2013/0258646 and further in view of Hogan US Patent 8,672,505.
Regarding claim 6:
The solar [disk] light of claim 1 wherein the LEDs are attached to one or more [arc-shaped] PCBs, the [arc-shaped] PCBs attached to the [annular] shelf.
Hollinger, as set forth above, disclose driver circuitry to power the LEDs (see paragraph [0003]). Hollinger does not specifically disclose whether the LEDs are attached to a PCB or that the PCB is attached to the shelf. The Examiner also notes that while Wang discloses of a circuit within the shelf to power the LEDs(see paragraph [0010]), Wang does not specifically disclose of using a PCB.
Nonetheless, Hogan explains that the LEDs are installed on an electrical board (col. 6, lines 24-28) as well as the use of a PCB (Figure 10) which includes the LEDs. Both Wang (fig. 4) and Hogan (fig. 7) disclose of LEDs attached to the shelf.
As set forth above, it would have been obvious to a person of ordinary skill in the art to have LEDs on the shelf. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a PCB. As explained by Hollinger and Wang, it was known to have circuitry for powering LEDs. Wang shows that it was known to have circuitry in the self. Thus, it would have been obvious to include a PCB with the circuit for connecting the LEDs. Hogan explains in col. 6, lines 34-36 that installing the LEDs on a circuity board will allow for the contact to metal for better cooling. In addition, Hogan discloses that the PCB allows for ventilation (col. 5, lines 39-46) as well as being able to include appropriate state of the art electronic components to perform the illuminating functions. Since each of Hollinger, Wang and Hogan disclose of using circuitry, then one of ordinary skill in the art would have considered the use of PCBs for connecting the LEDs as disclosed by Hogan since as explained by Hogan, PCBs, were commonly used to contain the various electrical components for providing the illuminating functions.
Regarding claim 10:
The solar light of claim 1 wherein the solar light is square.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being a square.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 [of the solar light] would be appropriately designed. Thus, the solar light can be any of these shapes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be a square or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 11:
The solar light of claim 1 wherein the solar light is triangular.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being triangular.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be a triangular or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 12:
The solar light of claim 1 wherein the solar light is hexagonal.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being hexagonal.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes.
The Examiner notes that Hogan discloses that the solar light can be “other polygon shaped” and thus, covers where the solar light is hexagonal as explained in col. 3, lines 31-43.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be hexagonal or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 13:
The solar light of claim 1 wherein the solar light is an irregular shape.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being an irregular shape.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes. The Examiner notes that Hogan discloses that the solar light can be “other polygon shaped” and thus, covers where the solar light is an irregular polygon as explained in col. 3, lines 31-43.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be an irregular shape or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 16:
The kit of claim 7 wherein the solar light is square.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being a square.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be a square or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 17:
The kit of claim 7 wherein the solar light is triangular.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being triangular.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be a triangular or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 18:
The kit of claim 7 wherein the solar light is hexagonal.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being hexagonal.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes.
The Examiner notes that Hogan discloses that the solar light can be “other polygon shaped” and thus, covers where the solar light is hexagonal as explained in col. 3, lines 31-43.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be hexagonal or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Regarding claim 19:
The kit of claim 7 wherein the solar light is an irregular shape.
Hollinger, as set forth above, discloses that the solar light is a shaped as a circle. Hollinger does not specifically disclose of the solar light being an irregular shape.
Nonetheless, as explained in col. 3, lines 31-43 of Hogan, the pile can be circular, triangular, square, octagonal or other polygon shaped end for which the cylindrically shaped base 14 would be appropriately designed. Thus, the solar light can be any of these shapes. The Examiner notes that Hogan discloses that the solar light can be “other polygon shaped” and thus, covers where the solar light is an irregular polygon as explained in col. 3, lines 31-43.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to design the shape of the light to be an irregular shape or any other type of similarly shaped structure. As explained by Hogan, the mounting base of the solar light can take various shapes. Although, this is done in order to match the pile, this teaching shows that the solar light itself can be designed to be various shapes without affecting the functionality of the light. Therefore, one of ordinary skill in the art would have found it obvious to consider different shapes of the solar light. As explained by Hogan shapes and sizes can vary and that the shapes can increase sleekness and attractiveness. Thus, different design choices can be considered in order to increase the attractiveness of the solar light. See col. 2, lines 1-6 of Hogan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ovidio Escalante whose telephone number is (571)272-7537. The examiner can normally be reached on Monday to Friday - 6:00 AM to 2:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Fuelling can be reached on (571) 270-1367. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9000. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR.Status information for unpublished applications is available through Private PAIR only.
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/Ovidio Escalante/
Primary Examiner
Central Reexamination Unit - Art Unit 3992
(571) 272-7537
Conferees:
/MATTHEW E HENEGHAN/Primary Examiner, Art Unit 3992 /MICHAEL FUELLING/Supervisory Patent Examiner, Art Unit 3992