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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/16/2026 has been entered.
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.
Claim(s) 1, 5, 12 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1) and Broadhead (US 1,203,576).
Regarding claim 1, Bertken teaches an apparatus comprising:
a first LED light source (see LED 34) that is in a housing (10) and that is configured to emit light in a first direction (see at least figure 5);
a second LED light source (36) that is in the housing (10) and that is configured to emit light in a second direction that is different from the first direction (see figure 5 where 36 and 34 emit light in different directions);
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an on-board circuit (within lighting module 20)) configured to cause each of the first LED light source (34) and the second LED light source (36) to emit light at: a first intensity; and a second intensity that is different from the first intensity (see table 1 on page 2 of Bertken and paragraph [0027] and [0028]); and
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an on-board mechanical intensity-selector (button 18; figure 5 [0025] “button 18 includes an elastomeric top portion that resiliently deforms under downward pressure to force a hard contact against the aligned button 38 of the lighting module 20. Multiple clicks on the button 38 operate control electronics within the module to function progressively as shown in Table 1 below”); and
a mounting face (see at least figures 5-14 where apparatus has the structure to be mounted to a surface);
wherein:
the first intensity and the second intensity ((see table 1 on page 2 of Bertken and paragraph [0027] and [0028] where intensity is disclosed) are selectable via the on-board intensity-selector (18), and
the circuit is configured to change, responsive to a manual adjustment of the on-board intensity-selector, a magnitude of an electrical current passing through the first LED light source (35; see paragraph [0025] and the second LED light source (34 and 36);
and the housing is configured to be mounted on a surface (see at least figures 5-14 where apparatus has the structure to be mounted to a surface).
Bertken does not explicitly teach a first lens disposed in front of the [first LED light source] and a second lens disposed in front of the [second LED light source] and the [mounting face] is configured to engage a fastener that is engaged with the surface.
Ewert teaches a lighting assembly comprising a first and second lens disposed in front of the first and second LED (316 pair of lenses and two LED lamps 318, see Fig. 3), respectively and a mounting face (base plate 306; paragraph [0058] and figure 4) that is configured to engage a fastener (fasteners 326; figure 4 and paragraph [0057]) that is engaged with a surface (luminaire power housing 330; figure 4)
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It would have been obvious to one having ordinary skill in the art before the time of the effective filing date to modify the apparatus of Bertken to include first and second lens disposed in front of the first and second LEDs respectively and a mounting face configured to engage a fastener that is engaged with a surface as taught by Ewert to obtain a desired intensity of emitted light and provide a sealed enclosure for the LED lamps with the respective lenses and to securely attach the apparatus to a surface with the fasteners (see paragraph [0005] of Ewert).
Bertken modified by Ewert does not explicitly teach the housing defines a longitudinal axis; the first direction and the second direction lie on the longitudinal axis and are opposite each other and the first lens is configured to form a first beam from the first LED light source in the first direction and the second lens is configured to form a second beam from the second LED light source in the second direction.
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Broadhead (US 1,203,576) teaches a housing (cylindrical casing 1) defining a longitudinal axis (see column 1, lines 34-44 where longitudinal axis is disclosed)); the first direction and the second direction lie on the longitudinal axis and are opposite each other (see figure 1 and 2 where the light sources 18 and 28 are opposite one another) and a first lens (figure 1and 2, lens 2) configured to form a first beam from the first light source (light 28) in the first direction and a second lens (figure 1 and 2; lens 3) is configured to form a second beam from the second light source (18) in the second direction (see position of light source 18 in figure 1).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Bertken to include a first lens and second lens for a first and second beam in a first and second direction, respectively, as taught by Broadhead as an alternative design choice and way of providing a light with various new and useful features of construction and to achieve a desired illumination output (see column 1, lines 23-28 of Broadhead).
Regarding claim 5, Bertken further teaches the apparatus further comprising, an on-board ON/OFF selector (18) that is configured to: in a first position, power-on only the first LED light source (para. [0025] and Table 1 on page 2 of Bertken); in a second position, power-on only the second LED light source (para. [0025] and Table 1 on page 2 of Bertken); and in a third position, power-on both the first LED light source and the second LED light source (para. [0025] and Table 1 on page 2 of Bertken).
Regarding claim 12, Bertken further teaches the apparatus further comprising: an optics chamber (see 52 in at least figure 5); and a control chamber (see at least figure 5); and wherein: the optics chamber encloses the first LED light source (34); and the control chamber (28) encloses the on-board circuit configured to be adjustable via the intensity-selector (18).
Regarding claim 43, Bertken modified by Ewert and Broadhead teaches the apparatus of claim 1, but Bertken does not explicitly teach wherein:
the housing defines a first end and a second end that is opposite the first end;
the first end includes: first inner threads configured to engage a first collar that is configured to hold the first lens; and first outer threads configured to engage a first removable end cap; and the second end includes: second inner threads configured to engage a second collar that is configured to hold the second lens; and second outer threads configured to engage a second removable end cap.
Broadhead further teaches wherein:
the housing (casing 1) defines a first end and a second end that is opposite the first end (see figure 1 where a lens 2 and 3 are on opposite ends of casing 1);
the first end includes: first inner threads (see threads of sleeves 5) configured to engage a first collar (see figure 1 where lens 2 is positioned) that is configured to hold the first lens (2; see figure 1); and first outer threads (see threads of caps 4) configured to engage a first removable end cap (cap 4); and the second end (see figure 1 where lens 3 is positioned) includes: second inner threads (see threads of sleeve 5 where lens 3 is positioned) configured to engage a second collar (sleeve 5) that is configured to hold the second lens (3); and second outer threads (see threads of end cap 4 where lens 3 is positioned) configured to engage a second removable end cap (end cap 4 where lens 3 is positioned).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Bertken to first and second threaded removable end caps as taught by Broadhead as an alternative design choice and way of securing lens on a first and second end of the housing.
Claims 4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1) and Broadhead (US 1,203,576) as applied to claim 1 above, and further in view of Mueller et al. (US 2005/0047134 A1).
Regarding claim 4, Bertken modified by Ewert and Broadhead teaches the apparatus of claim 1, and Bertken further teaches: wherein the intensity-selector (18) is configured to [select a correlated color temperature (“CCT”) for] the first LED light source (side LED 20 figure 1, para. [0035]).
Bertken, however does not explicitly teach [wherein the intensity-selector (18; see at least figure 5) is configured to select a correlated color temperature (“CCT”) for [the first LED light source].
Mueller et al. teaches a switch 4404 (para. [0266] discloses “one aspect of the present specification allows the position of a dimmer switch (linear or rotary) to indicate color temperature or intensity through a power cycle control.” Para. [0267] discloses switch 4404 which allows “the user to switch between modes of operation, such as by selecting a color wash, a specific color or color temperature…”; figure 44).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector of Bertken to be configured to select a correlated color temperature as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Regarding claim 6, Bertken modified by Ewert, Broadhead and Mueller et al. teaches the apparatus of claim 4 and Bertken further teaches further comprising: an on-board ON/OFF selector (18) that is configured to: in a first position, power-on only the first LED light source (para. [0025] and Table 1 on page 2 of Bertken); in a second position, power-on only the second LED light source (para. [0025] and Table 1 on page 2 of Bertken); and in a third position, power-on both the first LED light source and the second LED light source (para. [0025] and Table 1 on page 2 of Bertken).
Regarding claim 8, Bertken modified by Ewert and Broadhead teaches the apparatus of claim 1 but does not explicitly teach comprising an on-board CCT-selector that is configured to select a CCT for: [the first LED light source]; and [the second LED light source]
Mueller et al. teaches an on-board CCT-selector that is configured to select a CCT which corresponds to a switch 4404 (para. [0266] discloses “one aspect of the present specification allows the position of a dimmer switch (linear or rotary) to indicate color temperature or intensity through a power cycle control.” Para. [0267] discloses switch 4404 which allows “the user to switch between modes of operation, such as by selecting a color wash, a specific color or color temperature…”; figure 44).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector of Bertken to be configured to select a correlated color temperature as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1) and Broadhead (US 1,203,576) as applied to claim 1 above and further in view of Watterson et al. (US 2002/0149928 A1).
Regarding claim 11, Bertken modified by Ewert and Broadhead teaches the apparatus of claim 1 but Bertken modified by Ewert and Clifford does not explicitly teach further comprising: a first accessory lens holder that is configured to hold an accessory lens in front of the first LED light source; and a second accessory lens holder that is configured to hold an accessory lens in front of the second LED light source.
Watterson et al. teaches further comprising: a first accessory lens holder (36) that is configured to hold an accessory lens (22) in front of the first LED light source (40); and a second accessory lens holder (16) that is configured to hold an accessory lens(28) in front of the second LED light source (24).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date to modify the apparatus of Bertken to include a first and second lens in front of the first light source and second light source, respectively, as taught by Watterson et al. to provide protection to the light sources and to focus the light emitting from the respective light source to achieve a desired illumination output (see paragraph [0036] of Watterson et al).
Claims 13, 14, 15, 19, 28-30, 32, 36-38 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1), Mueller et al. (US 2005/0047134 A1) and Broadhead (US 1,203,576).
Regarding claim 13, Bertken teaches an apparatus comprising:
a first LED light source (34) that is in a housing (12) and that is configured to emit light in a first direction (see at least figure 5);
a second LED light source (36) that is in the housing (12) and that is configured to emit light in a second direction (see figure 5) that is different from the first direction (see at least figure 5);
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a mounting face (bottom of housing 12);
an on-board circuit (within 20) that is configured to cause each of the first and second LED light sources (34,36) to emit light and the housing (12) is configured to be mounted on a surface.
Bertken does not explicitly teach a first lens disposed in front of the [first LED light source and a second lens disposed in front of the [second LED light sources] and the [mounting face] is configured to engage a fastener that is engaged with the surface.
Ewert teaches a lighting assembly comprising a first and second lens disposed in front of the first and second LED (316 pair of lenses and two LED lamps 318, see Fig. 3), respectively and a mounting face (base plate 306; paragraph [0058] and figure 4) that is configured to engage a fastener (fasteners 326; figure 4 and paragraph [0057]) that is engaged with a surface (luminaire power housing 330; figure 4)
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It would have been obvious to one having ordinary skill in the art before the time of the effective filing date to modify the apparatus of Bertken to include first and second lens disposed in front of the first and second LEDs respectively and a mounting face configured to engage a fastener that is engaged with a surface as taught by Ewert to obtain a desired intensity of emitted light and provide a sealed enclosure for the LED lams with the respective lenses and to securely attach the apparatus to a surface with the fasteners (see paragraph [0005] of Ewert).
Bertken modified by Ewert, however does not explicitly teach a first correlated color temperature ("CCT"); and a second CCT that is different from the first CCT; and an on-board CCT-selector that is configured to select a CCT for: [the first LED light source; and the second LED light source].
Mueller et al. teaches an on-board CCT-selector that is configured to select a CCT which corresponds to a switch 4404 (para. [0266] discloses “one aspect of the present specification allows the position of a dimmer switch (linear or rotary) to indicate color temperature or intensity through a power cycle control.” Para. [0267] discloses switch 4404 which allows “the user to switch between modes of operation, such as by selecting a color wash, a specific color or color temperature…”; figure 44). In paragraph [0276], Mueller et al. teach circuit for delivering signals from the controller 202 to a lighting unit controller 208A, 208B, 208C, or 208D, and lighting units 100 that respond to the signals by providing illumination, such as whit or non-white illumination of varying colors, color temperatures, intensities…And paragraph [0278] discloses “a lighting unit 100 includes a dial 5302 that allows a user to select one or more colors or color temperatures from a scale 5304. For example, the scale could include different color temperatures of white light. The lighting designer can specify use of a particular color temperature of light, which the installer can select by setting the right position on the scale 5304 with the dial”.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector and light sources of Bertken to be configured to select a correlated color temperature and the first and second LED light sources emitting at different correlated color temperatures as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Bertken modified by Ewert and Mueller et al. does not explicitly teach wherein the housing defines a longitudinal axis; the first direction and the second direction lie on the longitudinal axis and are opposite each other and the first lens is configured to form a first beam from the first LED light source in the first direction and the second lens is configured to form a second beam from the second LED light source in the second direction.
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Broadhead (US 1,203,576) teaches a housing (cylindrical casing 1) defining a longitudinal axis (see column 1, lines 34-44 where longitudinal axis is disclosed)); the first direction and the second direction lie on the longitudinal axis and are opposite each other (see figure 1 and 2 where the light sources 18 and 28 are opposite one another) and a first lens (figure 1and 2, lens 2) configured to form a first beam from the first light source (light 28) in the first direction and a second lens (figure 1 and 2; lens 3) is configured to form a second beam from the second light source (18) in the second direction (see position of light source 18 in figure 1).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Bertken to include a first lens and second lens for a first and second beam in a first and second direction, respectively, as taught by Broadhead as an alternative design choice and way of providing a light with various new and useful features of construction and to achieve a desired illumination output (see column 1, lines 23-28 of Broadhead).
Regarding claim 14, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 and Bertken teaches further comprising:
a first optics chamber (52); and a control chamber (28); wherein: the first optics chamber encloses the first LED light source (34);
Bertken does not explicitly teach, however Mueller et al. further teaches the control chamber (inside of lighting unit 100; figure 53) encloses a circuit configured to be adjustable via the CCT-selector (5302; figure 53 and paragraph [0278] discloses color temperature being selectable and para. [0276] discloses a circuit)
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector and light sources of Bertken to be configured to select a correlated color temperature as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Regarding claim 15, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 14 and Bertken teaches further a second optics chamber (14) that encloses the second LED light source (36).
Regarding claim 19, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 and Bertken further teaches wherein: the first LED light source (34) and the second LED light source (36) define an axis; and the control chamber (28), when the apparatus is mounted to a structure (not shown but has the structure to be mounted to a structure), intervenes between the axis and the structure. And Mueller et al. further teaches the CCT-selector (dial 5302; paragraph [0278]) is configured to engage a switch in a control chamber (inside of lighting unit 100);
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify apparatus of Bertken to include a CCT-selector as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Regarding claim 28, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 and Bertken further teaches wherein, in operation a first beam is emitted from the first LED light source (34) and a second beam is emitted from the second LED light source (36):
the first beam has a selectable first beam-width angle (see at least figure 1-14);
the second beam has a selectable second beam-width angle (see at least figure 1-14); and
selection of the second beam-width angle does not depend on the first beam-width angle (see at least figures 1-14).
Regarding claim 29, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 15 and Bertken teaches further comprising a first removable end cap (see at least figure 1-14) that cover one end of the first optics chamber (52).
Regarding claim 30, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 29 and Bertken teaches further comprising: a second removable end cap (see at least figures 1-14) that covers one end of the second optics chamber (14).
Regarding claim 32, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 and Bertken teaches further comprising an on-board ON/OFF selector (para. [0025] and Table 1 on page 2 of Bertken) that is configured to power on and power off the first LED light source (34) and the second LED light source (36).
Regarding claim 33, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 and Bertken further teaches further comprising an on-board ON/OFF selector (18) that is configured to: in a first position, power-on only the first LED light source (34); in a second position (para. [0025] and Table 1 on page 2 of Bertken), power-on only the second LED light source (para. [0025] and Table 1 on page 2 of Bertken); and in a third position, power-on both the first LED light source and the second LED light source (para. [0025] and Table 1 on page 2 of Bertken).
Regarding claim 36, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 33 further comprising: and Bertken further teaches an intensity-selector (14); wherein the first LED light source (34) and the second LED light source (36) emit light at: a first intensity; and a second intensity that is different from the first intensity (see paragraph [0025])); and the first intensity and the second intensity are selectable via the intensity-selector (18).
Regarding claim 37, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 36 and Bertken further teaches wherein the intensity-selector (14) is on-board.
Regarding claim 38, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 36, and Bertken does not explicitly teach, however Mueller et al. further teaches wherein the CCT-selector may provide one or more intermediate CCT values between the first CCT and the second CCT (see para. [0266]-[0267] where CCT selector is disclosed and paragraph [0199] discloses color temperature selection for specifying particular color temperature values for the lighting source.).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector Bertken include a CCT selector as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Regarding claim 41, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 33, Bertken further teaches: the ON/OFF selector includes a position indicator.
Bertken does not explicitly teach, however Mueller et al. teaches a CCT selector including a position indicator (para. [0266] discloses “one aspect of the present specification allows the position of a dimmer switch (linear or rotary) to indicate color temperature or intensity through a power cycle control.” Para. [0267] discloses switch 4404 which allows “the user to switch between modes of operation, such as by selecting a color wash, a specific color or color temperature…”; figure 44). In paragraph [0276], Mueller et al. teach circuit for delivering signals from the controller 202 to a lighting unit controller 208A, 208B, 208C, or 208D, and lighting units 100 that respond to the signals by providing illumination, such as whit or non-white illumination of varying colors, color temperatures, intensities…”.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the intensity-selector Bertken include a CCT selector as taught by Mueller et al. as an alternative design choice to achieve a desired illumination output.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1), Mueller et al. (US 2005/0047134 A1) and Broadhead (US 1,203,576) as applied to claim 13 above and further in view of May (US 9,644,828 B1).
Regarding claim 18, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 17 but do not explicitly teach wherein the mounting face is configured to receive a power wire.
May teaches a lighting system comprising mounting face (8a; figure 3A and 3B) configured to receive a power wire (2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the apparatus of Bertken to include a wire on the mounting face of Bertken as taught by May as an alternative design choice to provide power to the apparatus to illuminate the light sources of the apparatus.
Claim(s) 27, 34, 35 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1), Mueller et al. (US 2005/0047134 A1) and Broadhead (US 1,203,576) as applied to claim 13, 28 and 33, respectively, above and further in view of Miyata (US 2016/0173837 A1).
Regarding claim 27, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 but do not explicitly teach further comprising:
a first beam-adjusting lens that is the first lens and is repositionable from a first position in front of the first LED light source to a second position in front of the first LED light source; and
a second beam-adjusting lens that is the second lens and is repositionable from a third position in front of the second LED light source to a fourth position in front of the second LED light source.
Miyata teaches a light source apparatus comprising a first beam adjusting lens (13A,14A) that is repositionable from a first position in front of the first LED light source (12A) to a second position in front of the first LED light source; (Lens 13A, 14A are repositionable from a first position to a second position in front of first LED light source 12A; see paragraph [0060] where lens array 13A, 14A and the first laser diode 12A are shifted) and a second beam-adjusting lens (13B, 14B) that is repositionable from a third position in front of the second LED light source (12B) to a fourth position in front of the second LED light source (see figures 1A and 1C).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Bertken to include a first and second beam adjusting lens that is repositionable as taught by Miyata as an alternative design choice to achieve a desired illumination output.
Regarding claim 34, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 33, Bertken does not explicitly teach, however Miyata further teaches comprising: a first beam-adjusting lens (13A,14A) that is repositionable from a first position in front of the first LED light source (12A) to a second position in front of the first LED light source; and a second beam-adjusting lens (13B,14B) that is repositionable from a third position in front of the second LED light source (12B) to a fourth position in front of the second LED light source (12B, see figures 1A and 1C).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Bertken to include a first and second beam adjusting lens that is repositionable as taught by Miyata as an alternative design choice to achieve a desired illumination output.
Regarding claim 35, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 34 and Bertken teaches further comprising: a first removable end cap (see at least figures 1-14) that covers one end of a first optics chamber (52); and a second removable end cap (see at least figures 1-14) that covers one end of a second optics chamber (14).
Regarding claim 39, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 28, but does not explicitly teach wherein the first beam angle and the second beam angle are above 35 degrees.
Miyata teach where in the first beam angle and the second beam angle are above 35 degrees (paragraph [0101] discloses “In this embodiment, the light source at least includes two of the first light sources 10A in which the direction of the first shift is different by 180 degrees, and two of the second light sources 10B in which the direction of the first shift is different by 180 degrees…”
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the apparatus of Bertken to include an adjustable lens having a beam angle above 35 degrees as taught by Miyata as an alternative design choice to achieve a desired illumination output, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 40 is rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1) and Mueller et al. (US 2005/0047134 A1) and Broadhead (US 1,203,576) as applied to claim 13 above and further in view of Ouderkirck (US 2015/0228868 A1).
Regarding claim 40, Bertken modified by Ewert, Mueller et al. and Broadhead teaches the apparatus of claim 13 but do not explicitly teach wherein each of the first LED light source and the second LED light source includes a chip-on-board (“COB”) LED.
Ouderkirck teaches the LED dies may be configured for surface mount, chip-on-board or other known mounting configurations (paragraph [0026]).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the apparatus of Bertken to include a chip-on -board (COB) LED as taught by Ouderkirck as an alternative design choice.
Claim(s) 42 is rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1), Mueller et al. (US 2005/0047134 A1), Broadhead (US 1,203,576) and Miyata (US 2016/0173837 A1) as applied to claim 34 above and further in view of Ouderkirck (US 2015/0228868 A1).
Regarding claim 42, Bertken modified by Ewert, Mueller et al., Broadhead and Miyata teaches the apparatus of claim 34 but do not explicitly teach wherein each of the first LED light source and the second LED light source includes a chip-on-board (“COB”) LED.
Ouderkirck teaches the LED dies may be configured for surface mount, chip-on-board or other known mounting configurations (paragraph [0026]).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the apparatus of Bertken modified by Watterson et al., Mueller et al. and Miyata to include a chip-on -board (COB) LED as taught by Ouderkirck as an alternative design choice.
Claim(s) 44 is rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2010/0085744 A1) in view of Ewert (US 2009/0175037 A1) and Broadhead (US 1,203,576) as applied to claim 43 above and further in view of Zazzara, SR. et al. (US 2006/0221603 A1).
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Regarding claim 44, Bertken modified by Ewert and Broadhead teaches the apparatus of claim 43 but Bertken modified by Ewert and Broadhead does not explicitly teach wherein: rotation of the first collar relative to the housing via the first inner threads is configured to cause translation of the first lens with respect to the first LED source and thereby adjust the first beam; and rotation of the second collar relative to the housing via the second inner threads is configured to cause translation of the second lens with respect to the second LED source and thereby adjust the second beam.
Zazzara, SR. et al. teaches wherein: rotation of the first collar (3a) relative to the housing via the first inner threads (6a) is configured to cause translation of the first lens (within lens and reflector retainer 2a; paragraph [0020]) with respect to the first LED source (see claim 1 of Zazzara, SR. et al. where LED bulbs are disclosed) and thereby adjust the first beam (see paragraph [0020] where light output is adjusted by rotatable focusing mechanism); and rotation of the second collar (3) relative to the housing via the second inner threads (6) is configured to cause translation of the second lens (within lens and reflector retainer 2; paragraph [0020]) with respect to the second LED source (see claim 1 of Zazzara, SR. et al. where LED bulbs are disclosed) and thereby adjust the second beam (see paragraph [0020] where light output is adjusted by rotatable focusing mechanism).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Bertken to rotate a first collar and second collar to rotate a first lens and second lens as taught by Zazzara, SR. et al. as an alternative design choice and way to achieve a desired illumination output.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot of new grounds of rejection necessitated by applicant’s amendment of claims 1 and 13. Newly cited reference, Broadhead (US 1,203,576) , teaches the limitations, “the housing defines a longitudinal axis”, “the first direction and the second direction lie on the longitudinal axis and are opposite each other” and also applied for the limitation “the first lens is configured to form a first beam from the first LED light source in the first direction and the second lens is configured to form a second beam from the second LED light source in the second direction" of independent claim 1 and 13.
Claims 4, 6-8, 11, 12, 14, 15, 18-19, 27-30, and 32-42 remain rejected based on dependency on a rejected base claim.
Conclusion
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/JESSICA M APENTENG/Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/Supervisory Patent Examiner, Art Unit 2875