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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1, 6, and 10 of U.S. Patent No. 12,111,023.
With respect to claim 1, U.S. Patent No. 12,111,023 teaches a light generating system configured to generate in an operational mode system light having a spectral power distribution with at least 85% of the spectral power in emission bands in four basic wavelength ranges of each at maximum 50 nm width (see claim 1 of U.S. Patent No. 12,111,023), of which at least three of the four basic wavelength ranges are selected from a first wavelength range of 445 nm +/- 25 nm, a second wavelength range of 518 nm +/- 25 nm, a third wavelength range of 579 nm +/- 25 nm, and a fourth wavelength range of 633 nm +/- 25 nm (see claim 1 of U.S. Patent No. 12,111,023), wherein the emission bands have full width half maxima of at maximum 25 nm, wherein at least one of the emission bands has a full width half maximum of at maximum 20 nm (see claim 10 of U.S. Patent No. 12,111,023), and wherein the system light is white system light having a correlated color temperature (CCT) between 2700 K and 6500 K and a color rendering index (CRI) of at least 80 (see claim 1 of U.S. Patent No. 12,111,023).
As for claim 2, U.S. Patent No. 12,111,023 teaches wherein four of the four basic wavelength ranges are selected from the four basic wavelength ranges as defined in claim 1; and wherein the emission bands have a full width half maximum of at maximum 20 nm (see claim 10 of U.S. Patent No. 12,111,023).
As for claim 3, U.S. Patent No. 12,111,023 wherein the four basic wavelength ranges are selected from a first wavelength range of 445 nm +/- 15 nm, a second wavelength range of 518 nm +/- 15 nm, a third wavelength range of 579 nm +/- 15 nm, and a fourth wavelength range of 633 nm +/- 15 nm (see claim 1 of U.S. Patent No. 12,111,023).
As for claim 4, U.S. Patent No. 12,111,023 teaches wherein the four wavelength ranges are selected from a first wavelength range of 445 nm +/- 5 nm, a second wavelength range of 518 nm +/- 8 nm, a third wavelength range of 579 nm +/- 9 nm, and a fourth wavelength range of 633 nm +/- 13 nm (see claim 1 of U.S. Patent No. 12,111,023).
As for claim 5, U.S. Patent No. 12,111,023 teaches wherein the light generating system is configured to generate in the operational mode system light having a spectral power distribution with at least 95% of the spectral power in the emission bands (see claim 5 of U.S. Patent No. 12,111,023)
As for claim 6, U.S. Patent No. 12,111,023 teaches comprising four sources of light configured to generate the emission bands (see claim 6 of U.S. Patent No. 12,111,023).
As for claim 7, U.S. Patent No. 12,111,023 teaches wherein one or more of the four sources of light comprise laser light sources (see claim 1 of U.S. Patent No. 12,111,023).
As for claim 8, U.S. Patent No. 12,111,023 teaches wherein one or more of the four sources of light (110,120,130,140) comprise quantum structure based light sources (see claim 8 of U.S. Patent No. 12,111,023).
As for claim 9, U.S. Patent No. 12,111,023 teaches wherein one or more of the four sources of light comprise a light source selected from a LED, a phosphor converted LED, and a superluminescent diode, optionally in combination with first optics (210), wherein the first optics are configured to narrow the beam width of the respective source of light (see claim 9 of U.S. Patent No. 12,111,023).
As for claim 10, U.S. Patent No. 12,111,023 teaches wherein a first source of light is configured to generate the first emission band having a centroid wavelength selected from the wavelength range of 442-448 nm, wherein a second source of light is configured to generate the second emission band having a centroid wavelength selected from the wavelength range of 512-526 nm, wherein a third source of light is configured to generate the third emission band having a centroid wavelength selected from the wavelength range of 574-583 nm, wherein a fourth source of light is configured to generate the fourth emission band having a centroid wavelength selected from the wavelength range of 627-638 nm; and wherein the emission bands have full width half maxima of at minimum 5 nm (see claims 1, 6, and 10 of U.S. Patent No. 12,111,023).
As for claim 11, U.S. Patent No. 12,111,023 teaches further comprising second optics, configured to combine two or more beams of light of two or more of the four sources of light, and third optics configured downstream of the sources of light, wherein the third optics comprises a beam shaping element selected from the group of diffusors and collimators (see claim 11 of U.S. Patent No. 12,111,023).
As for claim 12, U.S. Patent No. 12,111,023 teaches further comprising a control system, wherein the control system is configured to control one or more of the spectral power distribution, the color rendering index, the color point, and the correlated color temperature of the system light (see claim 12 of U.S. Patent No. 12,111,023).
As for claim 13, U.S. Patent No. 12,111,023 teaches wherein the control system is configured to control one or more of the spectral power distribution, the color rendering index, and the color point, of the system light while maintaining the correlated color temperature within a range of 2700-6500 K (see claim 13 of U.S. Patent No. 12,111,023).
As for claim 14, U.S. Patent No. 12,111,023 teaches wherein the control system is configured to control one or more of the spectral power distribution, the color rendering index, the color point, and the correlated color temperature of the system light in dependence of a sensor signal of a sensor, wherein the sensor comprises an optical sensor (see claim 14 of U.S. Patent No. 12,111,023).
As for claim 15, U.S. Patent No. 12,111,023 teaches a light generating device selected from the group of a lamp, a luminaire, a projector device, comprising the light generating system according to claim 1 (see claim 15 of U.S. Patent No. 12,111,023).
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
With respect to claim 1, the closest prior art (Hikmet (9,599,293)) teaches a light converting system (quantum dots from column 9, lines 17-22) configured to convert in an operational mode system light (P1, P2, P3, and P4) in four basic wavelength ranges (Fig. 8) of each at maximum 50 nm width (column 6, lines 9-15), of which at least three of the four basic wavelength ranges are selected from a first wavelength range of 445 nm +/- 25 nm, a second wavelength range of 518 nm +/- 25 nm, a third wavelength range of 579 nm +/- 25 nm, and a fourth wavelength range of 633 nm +/- 25 nm (column 9, lines 17-22).
As for claims 1-15, the prior art does not teach or suggest a light generating system configured to generate in an operational mode system light having a spectral power distribution with at least 85% of the spectral power in emission bands in four basic wavelength ranges of each at maximum 50 nm width, wherein the emission bands have full width half maxima of at maximum 25 nm, wherein at least one of the emission bands has a full width half maximum of at maximum 20 nm, and wherein the system light is white system light having a correlated color temperature (CCT) between 2700 K and 6500 K and a color rendering index (CRI) of at least 80; along with the other limiting elements of claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hikmet (9,599,293)
Yuan et al. (11,054,090)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM JOSEPH CARTER whose telephone number is (571)272-0959. The examiner can normally be reached M-F 8am-5pm.
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/WILLIAM J CARTER/Primary Examiner, Art Unit 2875 2/26/2026