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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/04/2026 has been entered.
Information Disclosure Statement
According to MPEP 609, in nonprovisional applications, applicants and other individuals substantively involved with the preparation and/or prosecution of the application have a duty to submit to the Office information which is material to patentability as defined in 37 CFR 1.56. The provisions of 37 CFR 1.97 and 37 CFR 1.98 provide a mechanism by which patent applicants may comply with the duty of disclosure provided in 37 CFR 1.56. Applicants and other individuals substantively involved with the preparation and/or prosecution of the patent application also may want the Office to consider information for a variety of other reasons; e.g., to make sure that the examiner has an opportunity to consider the same information that was considered by these individuals, or by another patent office in a counterpart or related patent application filed in another country.
Response to Amendments
The amendments filed on 06/04/2026 have been received, to which the Applicant is thanked. Claims 8-10 & 20 have been cancelled and removed from consideration. The Applicant has overcome the Drawings Objections of record and they have been withdrawn. The Applicant has overcome the 112(b) rejections of record, and they have been withdrawn.
Response to Arguments
The arguments have been fully considered, but have not been found to be persuasive.
In response to Applicants arguments regarding newly amended claim language,
The examiner respectfully responds the Applicants arguments are directed to new amendments to the claim language, which have been addressed in the rejection below. The Examiner invites the Applicant for a discussion on the claim language, and possible avenues of exploration for overcoming the prior art.
Claim Objections
Claims 1 & 11 are both objected to because of the following informalities: Claim 1 and similarly 11 have been amended to recite “and into the discharge channel to mix the primary air; a discharge channel configured to expel…”, of which it would seem to be confusing not just from an antecedent aspect of an element not yet being invoked, but in this case, detailing features about an element, the discharge channel, directly before its antecedent introduction in the original claim language. The Examiner would suggest a more suitable arrangement of the claim limitations, in the order in which the claim presents those elements; to obviate the objection, the Examiner would at least suggest the Applicant place the limitation “and into the discharge channel to mix the primary air” after the antecedent evidence in the next limitation where the element of the discharge channel is properly invoked. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claims 1 & 11 are both objected to because of the following informalities: Claim 1 and similarly 11 have been amended to recite “wherein lateral boundaries of the discharge channel are defined by a side flange of the nozzle plate, a side flange of the water coil, an exit casing, and the luminaire assembly; and a luminaire assembly positioned between the induction face and the discharge channel”, of which it would seem to be confusing not just from an antecedent aspect of an element not yet being invoked, but in this case, detailing features about an element, the luminaire assembly, directly before its antecedent introduction in the original claim language. The Examiner would suggest a more suitable arrangement of the claim limitations, in the order in which the claim presents those elements; to obviate the objection, the Examiner would at least suggest the Applicant place the limitation in question after the antecedent evidence in the next limitation where the element of the luminaire assembly is properly invoked. Appropriate correction is required. All dependent claims are similarly objected to for depending from an objected to claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, & 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Benson et al (US 3,090,434), hereinafter referred to as Benson.
Regarding claim 1, Benson (US 3,090,434) shows a luminaire chilled beam (F, Fig. 8), comprising:
a pressure chamber (see Annotated Figure 1 – the pressure chamber is a space within the device that functions as a plenum) configured to receive primary air from an upstream air supply system through a primary air inlet (96, Fig. 2/8, Col. 5, Lines 1-4) – the pressure chamber is configured to receive primary air from an upstream air supply system, which can be seen in Fig. 8 comprising of at least elements enclosed within element 115 and element 117, of which is controlled by the damper, through the primary inlet 96);
an induction chamber (see Annotated Figure 1 – the) adjacent to the pressure chamber comprising an induction face (see Annotated Figure 1/2) at a lower portion of the induction chamber (see Annotated Figure 1);
a nozzle plate (14, Fig. 3, see Annotated Figure 1) affixed to an underside of the pressure chamber (see Annotated Figure 1) and the nozzle plate comprising a plurality of nozzles (153, Fig. 2) and a perforated baffle (10, Fig. 3) attached to a central portion of the nozzle plate above the plurality of nozzles (Fig. 1/3 – the perforated baffle 10, which is a baffle that comprises of perforations 92/95 (Fig. 1), and is attached to a central portion of the nozzle plate 14, above the plurality of nozzles 153 of the nozzle plate 14), wherein the perforated baffle is configured to evenly distribute the primary air to the plurality of nozzles to be expelled from the pressure chamber (Col. 8, Lines 24-30 – the nozzle plate 14, which comprises of elements 153 that pass air, is configured to evenly distribute the primary air into the plurality of nozzles 153 on both sides of the Figure in Figure 2, to then be expelled from the pressure chamber, and since the structure of the prior art has been established (MPEP 2115), the same claimed benefit of thereby causing an induction of air from an external setting, of the pressure chamber, into the induction chamber through the induction face) and thereby cause an induction of air from an external setting into the induction chamber through the induction face (Col. 8, Lines 24-30 / Col. 5, Lines 58-68 - MPEP 2114.II. states “[A]pparatus claims cover what a device is, not what a device does.”, to which the Applicant has outlined the nozzle plate, with the limitations after the phrase, “and thereby cause” is elaborating on the field of intended use and how the device is used, rather than what the device is as claimed, in which claim 1 is only positively reciting the nozzle plate as claimed; of which, the nozzle plate of Benson is configured to expel the supplied air from the pressure chamber and thereby cause an induction of air from an external setting, from the room the device is in via elements 21, into the induction chamber through the induction face);
a water coil (Fig. 2/3/5/7 – the water coil comprises of the elements that carry water through the system, comprising of components 17/74/58/75/76/77/78/79/80/81, Col. 4, Lines 15-33) positioned within the induction chamber (Fig. 1/3 – the water coil is positioned within the induction chamber, as Figs. 1 & 3 shows components 17 within the induction chamber) and configured to treat the induced air as the air flows upward from the induction face through the induction chamber (see Annotated Figure 1/2, Fig. 2, Col. 5, Lines 58-68 – the water coil is configured to treat the induced air, as the air flows upward in reverse within the induction face, and through the induction chamber), and into the discharge channel (26, Fig. 2) to mix the primary air (Fig. 2, see Annotated Figure 2, Col. 5, Lines 58-68 – when operating in reverse, the water coil is configured to treat induced air as the air flows upward from the induction face through the induction chamber and into the discharge channel 26, where it mixes with the primary air from the primary air inlet 96);
a discharge channel (26, Fig. 2) configured to expel the induced air and the primary air from the induction chamber and into the external setting (Col. 5, Lines 58-68);
wherein lateral boundaries of the discharge channel are defined by a side flange of the nozzle plate (see Annotated Figure 1), a side flange of the water coil (Fig. 2/4/6 – the water coil comprises of elements 80 and 58 which are passages for water of the water coil; of which is part of what defines the discharge water channel 26), an exit casing (see Annotated Figure 1/2), and the luminaire assembly (see Annotated Figure 1); and
a luminaire assembly (Fig. 2) positioned between the induction face and the discharge channel at the lower portion of the induction chamber (Fig. 2/3), the luminaire assembly comprising a luminaire (34, Fig. 2) configured to illuminate the external setting (Fig. 2 – the luminaire 34 is a light tube).
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Annotated Figure 1
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Annotated Figure 2
Regarding claim 2, Benson shows wherein the induction face comprises a grille, a plurality of perforations, or a plurality of louvers (Fig. 2 – the induction face comprises of at least a plurality of perforations 21 on each side of the device).
Regarding claim 3, Benson shows wherein treating the primary air and the induced air comprises cooling or heating the primary air and the induced air (Col. 5, Lines 58-68 – treating the primary air and the induced air comprises of cooling and/or heating the primary and induced air).
Regarding claim 4, Benson shows wherein the water coil is further configured to treat induced air that is undesirably heated by the luminaire (Fig. 2, Col. 8, Lines 70-75).
Regarding claim 7, Benson shows wherein the luminaire assembly comprises a frame (35, Fig. 1) to which the luminaire is detachably attached (Fig. 1 – the light tubes 34 are detetchably attached to the frame 35), and the luminaire comprises an incandescent lamp, a fluorescent lamp (Col. 2, Lines 71-72 / Col. 3, Lines 1-3), or a light-emitting diode lamp.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Benson et al (US 3,090,434), hereinafter referred to as Benson, in view of Lys et al (US 2021/0059123), hereinafter referred to as Lys.
Regarding claim 5, Benson shows elements of the claimed invention as stated above in claim 1 including the luminaire.
However, Benson lacks showing further comprising a control module configured to control an operation of the luminaire.
Lys (US 2021/0059123), a cooled lighting fixture, is in the same field of endeavor as Benson which is a cooled lighting fixture.
Lys teaches further comprising a control module (90, ¶0115, Lines 14-31) configured to control an operation of the luminaire (¶0115, Lines 14-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Benson to incorporate the teachings of the control module of Lys, which would provide a means to connect and control a single device or series of devices to be used in a leased lighting system (¶0010).
Regarding claim 6, Benson shows elements of the claimed invention as stated above in claim 5 including the luminaire.
However, Benson lacks showing wherein the control module is configured to wirelessly control the operation of the luminaire.
Lys teaches wherein the control module is configured to wirelessly control the operation of the luminaire (¶0115, Lines 14-31 / 0140 – the control module 90 is configured to wirelessly control the operation of the luminaire 1000, as the device comprises of Wi-Fi technology).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Benson to incorporate the teachings of the control module of Lys, which would provide a means to connect and control a single device or series of devices to be used in a leased lighting system (¶0010).
Claims 11-14 & 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Benson et al (US 3,090,434), hereinafter referred to as Benson.
Regarding claim 11, Benson (US 3,090,434) shows an apparatus (F, Fig. 8), comprising:
a housing (Fig. 1/2);
a nozzle plate (14, Fig. 3, see Annotated Figure 3) positioned in an upper portion of the housing (Fig. 3 – the nozzle plate 14 is positioned in an upper portion of the housing, as it reaches the entire length of the housing, including the upper portion);
a plenum (see Annotated Figure 3) defined by the nozzle plate and a portion of the housing (see Annotated Figure 3), the plenum receiving primary air from an air handler (Fig. 2, Col. 5, Lines 1-4 – as the Applicant shows the plenum receiving air from a primary air handler, as does Benson show the plenum is to receive primary air from an upstream air supply system, or primary air handler, through duct 97, of which is controlled by the damper, through the inlet 96);
the nozzle plate (14, Fig. 2/3) comprising a plurality of apertures (153, Fig. 2) and a perforated baffle (10, Fig. 3) attached to a central portion of the nozzle plate above the plurality of apertures (Fig. 1/3 – the perforated baffle 10, which is a baffle that comprises of perforations 92/95 (Fig. 1), and is attached to a central portion of the nozzle plate 14, above the plurality of nozzles 153 of the nozzle plate 14), wherein the perforated baffle is configured to evenly distribute the primary air to the plurality of apertures through which the primary air is expelled from the plenum (Col. 8, Lines 24-30 – the nozzle plate 14, which comprises of elements 153 that pass air, is configured to evenly distribute the primary air from the plenum into the plurality of apertures 153 on both sides of Fig. 2, and since the structure of the prior art has been established (MPEP 2115), the same claimed benefit of thereby causing an induction of air from the plenum, into the induction chamber through the induction face),
thereby causing an induction of air from an external setting into a lower portion of the housing (Col. 8, Lines 24-30 / Col. 5, Lines 58-68 - MPEP 2114.II. states “[A]pparatus claims cover what a device is, not what a device does.”, to which the Applicant has outlined the nozzle plate, with the limitations after the phrase, “and thereby cause” is elaborating on the field of intended use and how the device is used, rather than what the device is as claimed, in which claim 11 is only positively reciting the nozzle plate as claimed; of which, the nozzle plate of Benson is to expel the supplied air from the plenum and thereby cause an induction of air from an external setting, from the room the device is in via elements 21, into the induction chamber through the induction face);
an induction face (see Annotated Figure 1/3) positioned at a lower portion of the housing (see Annotated Figure 2/3), the induction face being permeable to the air from the external setting (Col. 5, Lines 58-68);
a water coil (Fig. 2/3/5/7 – the water coil comprises of the elements that carry water through the system, comprising of components 17/74/58/75/76/77/78/79/80/81, Col. 4, Lines 15-33) positioned within the housing (Fig. 1/3 – the discrete heat exchanger of the water coil is positioned within the housing, as Figs. 1 & 3 shows components 17 within the induction chamber) positioned adjacent to the induction face within the housing (Fig. 2), the water coil treating the air induced from the external setting (Col. 5, Lines 58-68 / Col. 8, Lines 70-75, Fig. 2 – the water coil is to treat the induced air induced from the external setting) as the air induced from the external setting flows upward from the induction face (see Annotated Figure 1/3, Fig. 2, Col. 5, Lines 58-68 – the water coil is configured to treat the induced air, as the air flows upward in reverse within the induction face, and through the induction chamber) and into the discharge channel (26, Fig. 2) to mix with the primary air (Fig. 2, see Annotated Figure 3, Col. 5, Lines 58-68 – when operating in reverse, the water coil is configured to treat induced air as the air flows upward from the induction face through the induction chamber and into the discharge channel 26, where it mixes with the primary air from the primary air inlet 96);
a discharge channel (26, Fig. 2) positioned adjacent to the water coil within the lower portion of the housing (Fig. 2), the primary air and the air induced from the external setting being expelled through the discharge channel into the external setting (Col. 5, Lines 58-68), wherein lateral boundaries of the discharge channel are defined by a side flange of the nozzle plate (see Annotated Figure 1), a side flange of the water coil (Fig. 2/4/6 – the water coil comprises of elements 80 and 58 which are passages for water of the water coil; of which is part of what defines the discharge water channel 26), an exit casing (see Annotated Figure 1/3), and the luminaire assembly (see Annotated Figure 1); and
a luminaire assembly (Fig. 2) positioned adjacent to the induction face and the discharge channel within the lower portion of the housing (Fig. 2), the luminaire assembly comprising a luminaire (34, Fig. 2) that causes an illumination of the external setting (Fig. 2 – the luminaire 34 is a light tube).
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Annotated Figure 3
Regarding claim 12, Benson shows wherein the induction face comprises a grille, a plurality of perforations (Fig. 2 – the induction face comprises of at least a plurality of perforations 21 on each side of the device), or a plurality of louvers.
Regarding claim 13, Benson shows wherein treating the air induced from the external setting comprises cooling or heating the primary air and the air induced from the external setting (Col. 5, Lines 58-68 – treating the primary air and the induced air comprises of cooling and/or heating the primary and induced air).
Regarding claim 14, Benson shows wherein the water coil causes a cooling of air induced from the external setting that is undesirably heated by the luminaire (Fig. 2, Col. 8, Lines 70-75).
Regarding claim 17, Benson shows wherein the luminaire assembly comprises a frame (35, Fig. 1) to which the luminaire is detachably attached (Fig. 1 – the light tubes 34 are detetchably attached to the frame 35).
Regarding claim 18, Benson shows wherein the luminaire comprises an incandescent lamp, a fluorescent lamp (Col. 2, Lines 71-72 / Col. 3, Lines 1-3), or a light-emitting diode lamp.
Regarding claim 19, Benson shows wherein the apparatus is installed in a ceiling of the external setting (Col. 4, Lines 48-54).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Benson et al (US 3,090,434), hereinafter referred to as Benson, in view of Lys et al (US 2021/0059123), hereinafter referred to as Lys.
Regarding claim 15, Benson shows elements of the claimed invention as stated above in claim 11 including the luminaire.
However, Benson lacks showing further comprising a control module configured to control an operation of the luminaire.
Lys (US 2021/0059123), a cooled lighting fixture, is in the same field of endeavor as Benson which is a cooled lighting fixture.
Lys teaches further comprising a control module (90, ¶0115, Lines 14-31) configured to control an operation of the luminaire (¶0115, Lines 14-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Benson to incorporate the teachings of the control module of Lys, which would provide a means to connect and control a single device or series of devices to be used in a leased lighting system (¶0010).
Regarding claim 16, Benson shows elements of the claimed invention as stated above in claim 15 including the luminaire.
However, Benson lacks showing wherein the control module is configured to wirelessly control the operation of the luminaire.
Lys teaches wherein the control module is configured to wirelessly control the operation of the luminaire (¶0115, Lines 14-31 / 0140 – the control module 90 is configured to wirelessly control the operation of the luminaire 1000, as the device comprises of Wi-Fi technology).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Benson to incorporate the teachings of the control module of Lys, which would provide a means to connect and control a single device or series of devices to be used in a leased lighting system (¶0010).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN L FAULKNER/ Examiner, Art Unit 3762
/AVINASH A SAVANI/ Primary Examiner, Art Unit 3762
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