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 § 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.
Claims 1-4 and 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jeswani et al. (US. Pub: 2020/0363025 A1~hereinafter “Jeswani”) of record.
Regarding claim 1, Jeswani discloses (in at least figs. 1-5, 7 and 8) a light fixture assembly, comprising: (a) a light fixture including a main driver (200) configured to be installed into an opening of a wall or ceiling (see figs. 1-5; [0023]) and to support one or more light-emitting diodes (LEDs) (50) mounted to the light fixture and being in electrical communication with the main driver (see at least figs. 1-5); (b) a battery (40) for providing a supply of power to the one or more LEDs (50); (c) an emergency driver ([0004]; [0022]; [0030]; i.e. the emergency driver draws its power from the battery and drives the light emitting diodes (LEDs) of the light engine for the luminaire in case of a loss of power; see also [0057]-[0059]) in electrical communication with the one or more LEDs and with the battery, the emergency driver being configured to regulate the supply of power from the battery to the light fixture; (d) a conduit (best seen in at least figs. 7 and 8) having wiring for direct communication between a DC output of the main driver (200) and an output of the emergency driver (see at least figs. 5, 7 and 8); and (e) a quick connect assembly (see at least figs. 5 and 8; i.e. the quick connect from the junction boxes 30 to 45) for connecting the light fixture to both a main power source and the battery (see fig. 5). Jeswani further discloses ([0045]) “the snap features in the sidewalls extending from the access opening 11 into the cavity that contains the driver circuit 200 may contribute to engaging the battery junction box 30 to the back surface S1 of the housing 10.” Jeswani discloses (in at least fig. 5 below) the light fixture comprises a test switch button (55) located along a portion of a flange of the light fixture.
Jeswani does not expressly disclose the junction box positioned between the light fixture and the emergency driver, and the test button integrated into the light fixture structure within an outer diameter of the light fixture or a recessed portion of the light fixture adjacent to the one or more LEDs so that the test button is free of any separate housinq and does not require a secondary hole for installation wherein the fixture is free of any access door to the main driver.
However, Jeswani discloses (in at least [0030]) “In addition to a power source, the battery unit 40 also includes an emergency (also referred to as backup) driver that controls the power from the battery to the luminaire. In some embodiments, the emergency driver draws its power from the battery of the battery backup unit 40 and drives the light emitting diodes (LEDs) of the light engine for the luminaire in case of a loss of power.” Jeswani also discloses (in at least [0056]) “the backup battery unit 40 is connected to the luminaire 100 by wiring, e.g., a first wiring portion 41, extending from the battery backup 40 through the electrical pathway opening 31a, 31b in the battery junction box 30 to the driver electronics 200 for the luminaire 100… In some embodiments, the main power junction box 45 is in electrical communication, e.g., across test wiring 46, to a test switch 55.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider arranging the junction box of Jeswani between the light fixture and the emergency driver, since it has been held that rearranging parts of an invention involves only routine skill in the art. Also, one of ordinary skill in the art would have found it obvious at the time of the effective filing date of the invention to consider integrating the test button of Jeswani into the light fixture structure within an outer diameter of the light fixture or a recessed portion of the light fixture adjacent to the one or more LEDs so that the test button is free of any separate housinq and does not require a secondary hole for installation wherein the fixture is free of any access door to the main driver in order to provide a more compact light fixture assembly. Furthermore, it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art.
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Regarding claim 2, Jeswani discloses (in at least figs. 1-5, 7 and 8) the light fixture includes a test button (55; [0013]; [0056]; i.e. the test switch) that is capable of illuminating to denote if the light fixture assembly is in an emergency operational mode or a normal operational mode (see figs. 7 and 8).
Regarding claim 3, Jeswani discloses (in at least figs. 1-5) the light fixture is powered by the main power source ([0011]) in the normal operational mode.
Regarding claim 4, Jeswani discloses (in at least figs. 1-8) the light fixture is powered by the battery (40) in the emergency operational mode ([0030]).
Regarding claim 6, Jeswani discloses (in at least figs. 1-5, 7 and 8) the light fixture assembly includes a second conduit (46) having wiring for direct communication between an output of the test button (55) and the output of the emergency driver (45 and the driver of the battery 40; [0030]).
Regarding claim 7, Jeswani does not expressly disclose the battery and the emergency driver are housed together in a single housing.
However, Jeswani discloses (in at least fig. 5) the battery (40) and the emergency driver ([0022]) are formed on the frame of the light fixture.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light fixture of Jeswani such that the battery and the emergency driver are housed together in a single for the benefit of providing a more compact device. Also, it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art.
Regarding claim 8, Jeswani discloses (in at least figs. 1-5, 7 and 8) the battery (40) and the emergency drive (i.e. the battery driver; [0022]) are housed in same housings.
Jeswani does not expressly the battery and the emergency drive are housed in separate housings.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the battery and the emergency drive of Jeswani in separate housings, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding claim 9, Jeswani discloses (in at least figs. 1-5, 7 and 8) the light fixture includes a trim ring (5) that includes a cutout for the one or more LEDs (50) and the test button (55) is formed on the frame of the light fixture, and optionally includes one or more bend tabs (see at least fig. 1) for attaching the ring to a flange of the light fixture.
Jeswani does not expressly disclose the test button is formed on an opening of the light fixture.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming test button on an opening in the light fixture for the benefit of providing a more compact device. Also, it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art.
Regarding claim 10, Jeswani discloses (in at least figs. 1-5, 7 and 8) the junction box (45) includes one or more uniquely keyed electrical quick connectors to allow separation, connection, or both for wiring connections between the light fixture and the main power source, the battery, or both (see at least fig. 5).
Regarding claim 11, Jeswani discloses (in at least figs. 1-5, 7 and 8) the junction box (45) is also positioned between the light fixture and the battery (see figs. 5, 7 and 8).
Regarding claim 12, Jeswani discloses (in at least figs. 1-5, 7 and 8) the light fixture assembly is configured for both new construction of original equipment and retrofit of an existing construction ([0002]; [0020]).
Regarding claim 13, Jeswani does not expressly disclose the largest dimension of the battery and the largest diameter of the emergency driver is less than about 8 inches (about 20 cm).
However, Jeswani discloses (in at least fig. 5) the light fixture comprised of, in part, a battery (40) and an emergency driver ([0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming both the battery and the emergency of Jeswani with a desired diameter based on the design choice. Also, Applicant has not disclosed that the recited diameters are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using the battery and the emergency diameters of Jeswani.
Regarding claim 14, Jeswani discloses (in at least figs. 1-5, 7 and 8) the main driver (200) is integrated into the light fixture (see fig. 2).
Regarding claim 15, Jeswani discloses (in at least figs. 1-5, 7 and 8) the light fixture includes adjustable power ([0063]) output for the one or more LEDs, correlated color temperature adjustability for the one or more LEDs, or both ([0037]-[0038]).
Regarding claim 16, Jeswani discloses (in at least figs. 1-5, 7 and 8) the correlated color temperature selected is independent of the selected power output ([0037]-[0038]).
Regarding claim 17, Jeswani discloses (in at least figs. 1-5, 7 and 8) a kit having components for assembling together to form a light fixture assembly according to claim 16, comprising: (a) a light fixture including a main driver (200) configured to be installed into an opening of a wall or ceiling and to support one or more light-emitting diodes (LEDs) (50; [0023]-[0024]) mounted to the light fixture and being in electrical communication with the main driver (200); (b) a battery (40) for providing a supply of power to the one or more LEDs (50); (c) an emergency driver ([0022]; i.e. the battery driver) in electrical communication with the one or more LEDs (50) and with the battery (40), the emergency driver ([0022]) being configured to regulate the supply of power from the battery to the light fixture ([0004]; [0022]), wherein a DC output of the main driver (200) is directly connected to an output of the emergency driver ([0022]; [0030]; i.e. the battery driver) by wiring; (d) a plate configured for attachment to a frame of a structure (see figs. 1-5); (e) optionally a trim ring (5) configured for attachment to the light fixture; and (f) optionally a goof ring configured for attachment to the light fixture, the trim ring, or both, wherein the largest diameter of the goof ring is great than the largest diameter of the trim ring (see figs. 1-5); and a test switch button (55) located along a portion of a flange of the light fixture.
Jeswani does not expressly disclose the test button integrated into the light fixture structure within an outer diameter of the light fixture or a recessed portion of the light fixture adjacent to the one or more LEDs so that the test button is free of any separate housinq and does not require a secondary hole for installation wherein the fixture is free of any access door to the main driver.
However, Jeswani discloses (in at least [0056]) “the backup battery unit 40 is connected to the luminaire 100 by wiring, e.g., a first wiring portion 41, extending from the battery backup 40 through the electrical pathway opening 31a, 31b in the battery junction box 30 to the driver electronics 200 for the luminaire 100… In some embodiments, the main power junction box 45 is in electrical communication, e.g., across test wiring 46, to a test switch 55.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider integrating the test button of Jeswani into the light fixture structure within an outer diameter of the light fixture or a recessed portion of the light fixture adjacent to the one or more LEDs so that the test button is free of any separate housinq and does not require a secondary hole for installation wherein the fixture is free of any access door to the main driver in order to provide a more compact light fixture assembly. Furthermore, it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art.
Regarding claim 18, Jeswani discloses (in at least figs. 1-5, 7 and 8) a method of installing the light fixture assembly of claim 16, including retrofitting the light fixture assembly into an opening employed for lighting by a pre-existing light fixture assembly (see fig. 5; [0023]-[0024]), comprising: (a) inserting the battery (40) and the emergency driver ([0022]; [0030]; i.e. the emergency driver) through an existing opening in the wall or ceiling prior to or after wiring to the main power source (see at least fig. 5); (b) connecting one or more unique quick connectors (see figs. 5 and 8) of the quick connect assembly to electrically connect the light fixture to the main power source and the emergency driver ([0019]; [0022]; [0030]); (c) inserting the light fixture into the existing opening and securing the light fixture to the wall or the ceiling (see at least fig. 5; [0023]-[0024]); and (d) powering the light fixture by the battery (40) upon detection of a power failure by the emergency driver ([0022]; [0030]; i.e. the emergency battery).
Regarding claims 19 and 20, Jeswani discloses all the claimed limitations except for the light fixture is secured to the wall or the ceiling by one or more clips, and preferably the light fixture is a downlight fixture secured to the ceiling by the one or more clips; securing a safety clip of the light fixture to a structural point in the wall or the ceiling prior to step (a).
However, Jeswani discloses (in at least [0023]-[0024]) “a downlight 100 including a light engine 60 having a plurality of solid-state light emitters, e.g., light emitting diodes (LEDs) 50. A “downlight”, or recessed light, (also pot light in Canadian English, sometimes can light (for canister light) in American English) is a light fixture that is installed into a hollow opening in a ceiling.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider using a clip to secure the light fixture of Jeswani to the wall or ceiling. Also, Van Winkle (US. Pat: 10,091,855 B2) of record discloses (in at least figs. 1-3) the light fixture is secured to the wall or the ceiling by one or more clips (35), and preferably the light fixture is a downlight fixture secured to the ceiling by the one or more clips; securing a safety clip of the light fixture to a structural point in the wall or the ceiling.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R. Greece can be reached at 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/ Primary Examiner, Art Unit 2875