DETAILED ACTION
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements submitted are being considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 23, 24 and 30-36 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Lay et al, U.S. Patent Application Publication No. 2019/0215926 (hereinafter Lay).
Regarding claim 23, Lay discloses a device (from abstract, see lighting system) for emitting at least one of electromagnetic radiation or sound waves by a corresponding transmitter (from paragraph 0058, see A light emitting diode (“LED”) assembly 234 is placed inside the diffuser 232), comprising:
a control module (from paragraph 0058, see The LED assembly 234 includes six printed circuit boards 236 (“LED PCBs” or “LED boards”), with multiple LEDs on each LED board) connected to the transmitter, wherein the control module comprises a processor and an inclination sensor (from paragraph 0081, see the sensing circuitry inside the lamp), wherein the inclination sensor is electrically connected to the processor, wherein the processor is configured to evaluate at least one of an inclination angle or a change in inclination angle recorded by the inclination sensor continuously or periodically after each elapsing of a time interval in relation to a movement of the inclination sensor and uses the at least one of the inclination angle or change in inclination angle to control the transmitter in an active state, in which the transmitter is switched on (from paragraph 0095, see If a lamp is flipped by more than a predetermined number of degrees, the system will go into State_1. In State_1, the flipped lamp and all of the connected lamps in the lamp-group are turned “on” to full brightness. In one embodiment, a flip is detected once the lamp has been tilted from its initial position by, for example, about 135 degrees), or in a passive state, in which the transmitter is switched off, such that
the processor controls the transmitter when ascertaining a tilting movement of the inclination sensor from a rest position or from a position tilted in relation to the rest position with a first change in inclination angle over a first tilting time interval in such a manner that the transmitter switches from an active state into a setting state, wherein in the setting state, at least one setting variable of the transmitter can be changed by the processor in accordance with a predetermined manner of change, or goes over into a further active state, wherein in the further active state, an operating mode of the transmitter is changed in relation to at least one setting variable compared to the active state (from paragraph 0086, There could be various ways of entry and exit to and from the Float mode. For example, in one embodiment, Float mode for a lamp can be entered into from “off,” when another grouped lamp is tilted or wiggled by more than 10 degrees from vertical. Exiting from the Float mode, for example, could be by: (a) tilting the lamp from vertical by greater than a predetermined number of degrees, e.g., 170; (b) flipping another grouped lamp to “off”; or (c) tilting the lamp back to less than a predetermined number of degrees, e.g., 10 degrees, from vertical), and
the processor, when ascertaining a tilting movement of the inclination sensor from the rest position or from a tilted position with a second change in inclination angle over the first tilting time interval, controls the transmitter in such a manner that the transmitter switches from the active state or the further active state into a passive state (from paragraph 0082, see Whether in the pause mode, in the dimming mode, or at any fixed illumination level, if the user flips the lamp, the lamp will turn “off” the illumination and revert back to the “idle” mode) or from the passive state into the active state, wherein the second change in inclination angle differs from the first change in inclination angle.
Regarding claim 24, Lay discloses the device according to claim 23, wherein the device comprises a lamp (from abstract, see lamp) and the transmitter comprises at least one illuminant (from paragraph 0064, see The white LEDs are used for illumination), with which one or more of an intensity (from paragraph 0037, see FIG. 6 discloses brightness adjustments in various scenarios), or a frequency or a frequency interval, or a color temperature of the electromagnetic radiation emitted by the at least one illuminant can be changed as a setting variable.
Regarding claim 30, Lay discloses the device according to claim 23, further comprising a rechargeable storage element configured to supply the device with electrical energy, which is one of supplied by a charging unit via wireless energy transmission via inductive or capacitive coupling, or chargeable by wired energy transmission via an electrical coupling (from paragraph 0007 of Lay, see There is also a need for a lighting device or devices that operate on rechargeable batteries, where battery charging itself could be contactless, such as by induction charging).
Regarding claim 31, Lay discloses the device according to claim 30, wherein the device has a sleep state (from Figure 17, see Hibernate) in which a consumption of electrical energy in the processor is limited to a minimum value and the transmitter is switched off, wherein the processor is configured to switch the transmitter from the sleep state into an active state when a coupling of the device to the charging unit is detected (from Figure 17 of Lay, see charge pulse when placed on charger).
Regarding claim 32, Lay discloses the device according to claim 23, wherein the processor is configured to effect a transition from the active state into the sleep state if the inclination sensor detects a shaking movement within a predetermined time interval or the processor determines a tilting movement of the inclination sensor from the rest position or from the tilted position with a fourth change in inclination angle over a second tilting time interval, wherein the fourth change in inclination angle is greater than the first change in inclination angle and then the second change in inclination angle (from paragraph 0100, see If a lamp is wiggled, the system will go into State_4, where the wiggled lamp will turn on at the dimmest, or at a very dim, illumination level, while the other lamps in the group remain in the “idle” mode. The dimmest, or very dim, illumination level may be dimmer in a dark room than in a brighter room. This could be achieved by using an ambient light sensor. It could also be achieved by keeping track of tie and correlating brightness to time of day. Unless the user manually increases the lamp's brightness as explained below, the wiggled lamp will maintain the dim illumination level (linger) for a set period of time, e.g. 10 minutes, and then will dim to zero illumination over a predetermined duration, e.g., 2 to 5 minutes, placing the system back into State_0. This feature is useful for allowing a person to light his or her way around the home when the person wakes up in the middle of the night, without being overstimulated by a bright light, and then goes back to sleep a short time later (e.g., when the person wakes up to go to the bathroom). (In an alternative embodiment, dimming to zero illumination could be done in a matter of seconds or even instantaneously.) The maintained dim-illumination period and the follow-up process of dimming to “off” can be considered a part of a system state designated in FIG. 4(b) as State_5, called “solo dimming mode).
Regarding claim 33, Lay discloses wherein the control module additionally has an acceleration sensor which is electrically connected to the processor and movable with the inclination sensor, wherein the processor is configured to evaluate at least one of an acceleration or change in acceleration detected by the acceleration sensor continuously or periodically after each elapsing of at least one time interval and additionally uses the at least one of the acceleration or change in acceleration to control the transmitter, wherein the additional acceleration sensor is configured to evaluate the at least one of the acceleration or change in acceleration in a direction that differs from a direction of the rest position, wherein the direction of the rest position is a direction which is substantially vertical in the rest position of the inclination sensor (from paragraph 0081, see For example, starting in an “idle” state, in which all of the white LEDs are “off” (i.e., no illumination) but the sensing circuitry inside the lamp is active, when the system detects that the lamp is being flipped, i.e., senses tilting of the lamp by more than a predetermined number of degrees from vertical, for example, more than 135 degrees, the lamp could turn on all of its white LEDs to begin illuminating at full brightness. At the same time, wiggling the lamp, instead of flipping it, could constitute a command to turn “on” the illumination at a low level. When the illumination is not at the full level, only some of the white LEDs on the six LED boards will be “on.” In one embodiment, a low-level illumination could start with a white LED on each LED Board that is closest to the ground being “on,” and increase by sequentially turning “on” the white LEDs that are farther away from the ground. In another alternative embodiment, a low-level illumination could start with a white LED on each LED board that is the farthest from the ground being “on,” and increase by sequentially turning “on” the white LEDs that are closer toward the ground on each LED board. In yet another embodiment, the illumination could start at a low level with a white LED in the middle of each LED board (“middle LED”) being “on,” and increase by sequentially turning on the white LEDs that are located on either side of the middle LED on each LED board).
Regarding claim 34, Lay discloses the device according to claim 23, wherein the transmitter is arranged in at least one transmitter unit that is spatially separate from the control module, wherein each transmitter unit comprises a transmitter and at least one of a housing or a holder, wherein the transmitter is arranged in or on the at least one of the housing or the holder, wherein the control module with the inclination sensor is movable separately from the transmitter unit, wherein the control module is configured to transmit and each transmitter unit is configured to receive control signals from the processor via a communication channel, through which the transmitter can be controlled by the processor (from paragraph 0058, see mechanical assembly includes a hollow translucent shell 120 having an opening 230 at both ends. The shell can be made out of polycarbonate or such other material as copolyester, and fabricated by blow molding and/or computer numerical control (“CNC”) process known in the art. Other materials and manufacturing processes know in the art could also be used. A tubular light-diffuser 232, which is optional, is placed inside the shell 120. In one embodiment, the diffuser 232 is a polycarbonate extrusion. A light emitting diode (“LED”) assembly 234 is placed inside the diffuser 232. The LED assembly 234 includes six printed circuit boards 236 (“LED PCBs” or “LED boards”), with multiple LEDs on each LED board, installed around a perimeter of a hollow extruded aluminum core 238).
Regarding claim 35, Lay discloses the device according to claim 23, wherein the transmitter and the control module have at least one of a common housing or a common holder, wherein the transmitter and the control module are arranged in or on the at least one of the housing or the holder (from paragraph 0058, see mechanical assembly includes a hollow translucent shell 120 having an opening 230 at both ends. The shell can be made out of polycarbonate or such other material as copolyester, and fabricated by blow molding and/or computer numerical control (“CNC”) process known in the art. Other materials and manufacturing processes know in the art could also be used. A tubular light-diffuser 232, which is optional, is placed inside the shell 120. In one embodiment, the diffuser 232 is a polycarbonate extrusion. A light emitting diode (“LED”) assembly 234 is placed inside the diffuser 232. The LED assembly 234 includes six printed circuit boards 236 (“LED PCBs” or “LED boards”), with multiple LEDs on each LED board, installed around a perimeter of a hollow extruded aluminum core 238).
Regarding claim 36, Lay discloses a control module for use in controlling a transmitter that emits at least one of electromagnetic radiation or sound waves (from paragraph 0058, see mechanical assembly includes a hollow translucent shell 120 having an opening 230 at both ends. The shell can be made out of polycarbonate or such other material as copolyester, and fabricated by blow molding and/or computer numerical control (“CNC”) process known in the art. Other materials and manufacturing processes know in the art could also be used. A tubular light-diffuser 232, which is optional, is placed inside the shell 120. In one embodiment, the diffuser 232 is a polycarbonate extrusion. A light emitting diode (“LED”) assembly 234 is placed inside the diffuser 232. The LED assembly 234 includes six printed circuit boards 236 (“LED PCBs” or “LED boards”), with multiple LEDs on each LED board, installed around a perimeter of a hollow extruded aluminum core 238), comprising:
the control module configured to be connectable to the transmitter, wherein the control module comprises a processor and an inclination sensor, wherein the inclination sensor is electrically connected to the processor (from paragraph 0081, see the sensing circuitry inside the lamp is active, when the system detects that the lamp is being flipped, i.e., senses tilting of the lamp by more than a predetermined number of degrees from vertical, for example, more than 135 degrees),
wherein the processor is configured to evaluate at least one of an inclination angle or a change in inclination angle recorded by the inclination sensor continuously or periodically after each elapsing of a time interval in relation to a movement of the inclination sensor and uses the at least one of the inclination angle or change in inclination angle to control the transmitter in an active state, in which the transmitter is switched on (from paragraph 0095, see If a lamp is flipped by more than a predetermined number of degrees, the system will go into State_1. In State_1, the flipped lamp and all of the connected lamps in the lamp-group are turned “on” to full brightness. In one embodiment, a flip is detected once the lamp has been tilted from its initial position by, for example, about 135 degrees), or in a passive state, in which the transmitter is switched off, such that
the processor controls the transmitter when ascertaining a tilting movement of the inclination sensor from a rest position or from a position tilted in relation to the rest position with a first change in inclination angle over a first tilting time interval in such a manner that the transmitter switches from an active state into a setting state, wherein in the setting state, at least one setting variable of the transmitter can be changed by the processor in accordance with a predetermined manner of change, or goes over into a further active state, wherein in the further active state, an operating mode of the transmitter is changed in relation to at least one setting variable compared to the active state (from paragraph 0086, There could be various ways of entry and exit to and from the Float mode. For example, in one embodiment, Float mode for a lamp can be entered into from “off,” when another grouped lamp is tilted or wiggled by more than 10 degrees from vertical. Exiting from the Float mode, for example, could be by: (a) tilting the lamp from vertical by greater than a predetermined number of degrees, e.g., 170; (b) flipping another grouped lamp to “off”; or (c) tilting the lamp back to less than a predetermined number of degrees, e.g., 10 degrees, from vertical), and
the processor, when ascertaining a tilting movement of the inclination sensor from the rest position or from a tilted position with a second change in inclination angle over the first tilting time interval, controls the transmitter in such a manner that the transmitter switches from the active state or the further active state into a passive state (from paragraph 0082, see Whether in the pause mode, in the dimming mode, or at any fixed illumination level, if the user flips the lamp, the lamp will turn “off” the illumination and revert back to the “idle” mode) or from the passive state into the active state, wherein the second change in inclination angle differs from the first change in inclination angle.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Lay in view of Avdellas, U.S. Patent No. 7,416,467 (hereinafter Avdellas).
Regarding claim 25, Lay does not teach wherein the device comprises a playback device and the transmitter comprises at least one loudspeaker, in which at least one of a sound pressure level emitted by the at least one loudspeaker or a selection of a piece of music for playback can be changed. All the same, Avdellas discloses the device comprises a playback device and the transmitter comprises at least one loudspeaker, in which at least one of a sound pressure level emitted by the at least one loudspeaker or a selection of a piece of music for playback can be changed (from abstract, see a concealed sound generator module having a battery, a tilt sensor, a data storage means, and a playback means which drives a speaker to emit prerecorded life-like sounds whenever the device is tilted). Therefore, it would have been obvious to one of ordinary skill in the art to modify Lay wherein the device comprises a playback device and the transmitter comprises at least one loudspeaker, in which at least one of a sound pressure level emitted by the at least one loudspeaker or a selection of a piece of music for playback can be changed as taught by Avdellas. This modification would have improved the user’s experience by improving the enjoyment of receiving and opening a gift as suggested by Avdellas.
Allowable Subject Matter
7. Claims 26-29 and 37-44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
December 9, 2025
/OLISA ANWAH/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692