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 .
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 1-15 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.
In regard to claim 1, the limitation of “wherein the air ionizer is configured to vary its generation of ionized air […] in response to the control unit varying at least one of the color and color temperature of the combined light” is indefinite because the limitation can have many different interpretations. The limitation does not have any limiting factors or direction as to how the generation of ionized air is varied in response to either of the varying of the color or color temperature. Is the color or color temperature directly related or inversely related to the generation of ionized air? And how much is the air ionizer varied from a change in color or color temperature? As the claim does not provide direction with regard to at least these questions, the claim can be interpreted in many different ways and is thus indefinite.
Regarding claims 2 and 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In regard to claim 15, the limitation of “varying the air ionizer’s generation of ionized air […] in response to the control unit varying at least one of the color and color temperature of the combined light” is indefinite because the limitation can have many different interpretations. The limitation does not have any limiting factors or direction as to how the generation of ionized air is varied in response to either of the varying of the color or color temperature. Is the color or color temperature directly related or inversely related to the generation of ionized air? And how much is the air ionizer varied from a change in color or color temperature? As the claim does not provide direction with regard to at least these questions, the claim can be interpreted in many different ways and is thus indefinite.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774