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 .
DETAILED ACTION
Claim Objections
Claims 1-15 are objected to because of the following informalities:
in line 11 of Claim 1, insert --first and second-- before “electrodes”;
in line 2 of Claim 3, delete “(“ and “)”;
in line 6 of Claim 12, insert --one-- before “or”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “light generating device” and “airflow device” and “optical element” in claim 1; “monolithic element” in claim 5; “support element” in claim 11; “flow influencing elements” in claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Specifically, the corresponding structure for the “light generating device” comprises one or more light sources such as a conventional (tungsten) light bulb, a low-pressure mercury lamp, a high-pressure mercury lamp, a fluorescent lamp, a LED (light emissive diode), a solid state LED light source (such as a LED or laser diode (or “diode laser”), a plurality of light sources, such as 2-200 (solid state) LED light sources, and a so-called chips-on-board (COB) light source, a resonant cavity light emitting diode (RCLED), a vertical cavity laser diode (VCSELs), an edge emitting laser, an organic light-emitting diode, such as a passive-matrix (PMOLED) or an active-matrix (AMOLED), a solid-state light source (such as a LED or laser diode), and a superluminescent diode (SLED), a blue light source, like a blue LED, or a green light source, such as a green LED, and a red light source, such as a red LED, a LED with a luminescent material layer or dome comprising luminescent material, a PC LED, a direct LED (i.e. no phosphor), etc. (see Specification, p. 4 line 14 - p. 6 line 26). The corresponding structure for the “airflow device” is a fan (see Specification, p. 11 line 33 – p. 12 line4). The corresponding structure for the “optical element” is a diffuser (see Specification, p. 19 lines 18-31, p. 20 lines 16-18, p. 21 lines 11-22, claim 2). The corresponding structure for the “monolithic element” comprises extensions or bends or openings, bracket, an opening at least partially defining a flow channel, at least one curved channel element or at least one other flow influencing elements per airflow channel such as a bulkhead, a partition, a vane (see Specification, p. 31 lines 1-25). The corresponding structure for the “flow influencing elements” comprise fins, vanes, partitions, curved channel elements (860, 861, 862, 863, 865 – see Specification, p. 55 lines 27-30)
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “air ionizer device”, “front part”, “first part”, “second part”, and “front element” in claim 1; “enclosure arrangement” in claim 12.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, there is no written description support for any corresponding structure for a “monolithic element” within the Specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In Claim 1, it is not clear whether “one or more solid state light source” of the device is the light generating device or a separate and distinct additional light component from the light generating device.
In Claim 1, it is not clear whether the “front part” and “front element” are attempting to set froth the same component or a separate and distinct components, particularly as the claim sets forth that the front part comprises the one or more second openings where a first part and a second part of the one or more second openings (of the front part) are indicated to “at least partially enclose the optical element” of the front element where “a peripheral part” of the front element also “comprises the first part and the second part”. Moreover, it is not clear how a component that “at least partially enclose” the first and second parts can also be a “peripheral” component which appears to indicate a position adjacent, not overlapping/enclosing configuration.
In Claim 5, it is not clear what structure the limitation “a monolithic element” is attempting to indicate.
In Claim 8, it is not clear what “a mutual angle” is attempting to set forth, whether each of “the first direction and the second direction” possesses this angle or that an angle formed between “the first direction and the second direction” is a mutual angle.
In Claim 14, it is not clear how/whether “a sensor signal” provides “an input signal” and it is further not clear whether the limitation is attempting to set forth a sensor/a structure. In addition, it is not clear whether “a user interface”, a sensor and “a timer” are a positively cited components of the light generating system.
Claim 15 recites the limitation "the light generating system" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-4, 6-7, and 9-13 are rejected due to their dependence on a rejected claim.
Allowable Subject Matter
Claims 1, 14 and 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the primary reason for allowance of the claims is due to inclusion of limitation that “the first part and the second part at least partly enclose the optical element”. Prior art of Liu (20220205702) discloses a device (1) comprising (i) a light generating device (9), (ii) an air ionizer device (61), and (iii) an airflow device (4), wherein:
the device (1) comprises one or more first openings (31) and a front part (2) comprising one or more second openings (32);
the air ionizer device (61) is configured to generate in an operational mode charged particles at an electrode (612 - where a point discharge ion generator/tip ion generation component intrinsically comprises an electrode – see entire document, particularly p. 5 [0091] – lines 1-2); and
the airflow device (4) is configured to generate in the operational mode an airflow entraining any particles such as the charged particles (see entire document, particularly Figure 7, p. 5 [0089] and [0091]); wherein the one or more first openings (31) are configured upstream of the airflow device (4) and the electrode (612); wherein at least a part of the one or more second openings (32) is configured downstream of the airflow device (4) and the electrode (612) (see Figures 6-8); and
wherein the device (1) comprises a light emitting area (25), from which during operation of the light generating device (9) device light escapes from the device (1) (see Figures ), wherein the front part (2) comprises the light emitting area (25) (see Figure 9);
the device (1) comprises one or more solid state light source (91) and a front element (26, 29), wherein the front element (26, 29) comprises an optical element (25, 96), wherein the optical element (25, 96) is configured downstream of the one or more solid state light source (91), wherein the first part (i.e. at least a portion of 32) at least partly enclose the optical element (96) (see entire document, particularly Figures 3-5 and 8-9, p. 6 [0098])
wherein the front part (2)/front element (29) comprises a central part (23) and a peripheral element (22) (see Figure 4), wherein the central element (23) comprises the optical element (25, 96) (see Figures 4 and 8), wherein the peripheral part (22) comprises the first part (i.e. at least a portion of 32) (see Figures 4, 6 and 8),
Liu (‘702) does not specifically teach that the air ionizer device (61) comprises a first electrode and a second electrode and is configured to generate in an operational mode positively charged particles at the first electrode and negatively charged particles at the second electrode, or that a second part of the one or more second openings (32) is configured downstream of the airflow device and the second electrode and at least partly enclose the optical element, or that the peripheral part comprises the second part.
While prior art of Anno (EP1430910) discloses a device (A) (see Figures 1-9) comprising (i) a light generating device (32; 29) and (ii) an air ionizer device (21A), wherein:
the device (1) comprises one or more openings (3a) and a front part (3) comprising the one or more openings (3a);
the air ionizer device (21A) comprises a first electrode (23) and a second electrode (24; 25) and capable to generate in an operational mode positively charged particles at the first electrode and negatively charged particles at the second electrode,
wherein a first part (e.x. one of the openings 3a such as the top or righthand side one of 3a - see Figures 2, 6 and 9) of the one or more openings (3a) is configured downstream of the first electrode (23) and a second part (e.x. one of the openings 3a such as the bottom or lefthand side one of 3a - see Figures 2, 6 and 9) of the one or more openings (3a) is configured downstream of the second electrode (24; 25) (see Figures 2-4, 6-7, and 9-10);
wherein the front part/element (3) comprises a central part (i.e. central portion of 3) comprising an optical/light generating device (32) (see Figures 5-7) and a peripheral part (i.e. peripheral portion of 3) comprising the first part (e.x. one of the openings 3a such as the top or righthand side one of 3a - see Figures 2, 6 and 9) and the second part (e.x. one of the openings 3a such as the bottom or lefthand side one of 3a - see Figures 2, 6 and 9) (see Figures 5-7); and
an optical element (30) (see Figures 9-10) configured to transmit light from the light generating device (29),
Anno (‘910) does not specifically teach that the device comprises an airflow device, or an optical element that is at least partly enclosed by the first part and the second part.
Moreover, while prior art of Kim (KR20060132353) discloses a device (see Figures 3-4) comprising (i) a light generating device (6) and (iii) an airflow device (4), wherein:
the device (see Figures 3-4) comprises one or more first openings (1) and a front part (i.e. top portion of body/housing of the device) comprising one or more second openings (3);
the airflow device (4) is configured to generate in the operational mode an airflow entraining any particles such as the charged particles (see entire document, particularly Figure 4); wherein the one or more first openings (1) are configured upstream of the airflow device (4); wherein a first part (e.x. righthand side 3) of the one or more second openings (3) is configured downstream of the airflow device (4) and a second part (e.x. lefthand side 3) of the one or more second openings (3) is configured downstream of the airflow device (4); and
wherein the device comprises a light emitting area (5), from which during operation of the light generating device (6) device light escapes from the device (see Figures 3-4), wherein the front part (i.e. top portion of body/housing of the device) comprises the light emitting area (5) (see Figures 3-4);
the device comprises one or more solid state light source (6) and a front element (i.e. top portion of body/housing of the device), wherein the front element ((i.e. top portion of body/housing of the device) comprises an optical element (5), wherein the optical element (5) is configured downstream of the one or more light source (6);
wherein the front part/element (i.e. top portion of body/housing of the device) comprises a central part (i.e. portion between 3) and a peripheral element (i.e. peripheral portion of top portion of body/housing of the device) (see Figures 3-4), wherein the central element (i.e. portion between 3) comprises the optical element (5) (see Figures 3-4), wherein the peripheral part (i.e. peripheral portion of top portion of body/housing of the device) comprises the first part (e.x. righthand side 3) and the second part (e.x. lefthand side 3) (see Figures 3-4),
Kim (“353) does not specifically teach that the first part (e.x. righthand side 3) and the second part (e.x. lefthand side 3) at least partly enclose the optical element (5), nor an air ionizer device.
Finally, while prior art of Izu (WO2016189913) discloses a device (100) comprising (i) a light generating device (3), (ii) an air ionizer device (1), and (iii) an airflow device (2) (see Figures 1-12), wherein:
the device (100) comprises one or more first openings (8) and a front part (4) comprising one or more second openings (30) (see Figure 1);
the airflow device (2) is configured to generate in the operational mode an airflow entraining any particles such as the charged particles (see entire document, particularly Figures 10-12); wherein the one or more first openings (8) are configured upstream of the airflow device (2) and the air ionizer device (1) (see Figures 10-11); wherein a first part (e.x. one or a portion, such as top or righthand side one(s), of 30) and a second part (e.x. one or a portion, such as bottom or lefthand side one(s), of 30) of the one or more second openings (30) is configured downstream of the airflow device (2) and the air ionizer device (1) (see Figures 2-3 and 5-8); and
wherein the device (100) comprises a light emitting area (23), from which during operation of the light generating device (3) device light escapes from the device (100) (see Figures 2 and 5-9), wherein the front part (4) comprises the light emitting area (23) (see Figures 1-2 and 5-9);
the device (100) comprises one or more solid state light source (20) and a front element (i.e. front side of 4), wherein the front element (i.e. front side of 4) comprises an optical element (23), wherein the optical element (23) is configured downstream of the one or more solid state light source (20), and the air ionizer device (1) (see Figures 1-9);
wherein the front part (4)/front element (i.e. front side of 4) comprises a central part (i.e. where 26, 28 are located) and a peripheral element (i.e. where 30, 23 are located) (see Figures 1-9),
Izu (‘913) does not specifically teach that the air ionizer device (1) comprises a first electrode and a second electrode and is configured to generate in an operational mode positively charged particles at the first electrode and negatively charged particles at the second electrode, or that the first part and the second part at least partly enclose the optical element as Izu teaches an opposite configuration that the optical element is located around the periphery of the first and second parts, nor that the central element (i.e. where 26, 28 are located) comprises the optical element (23) and the peripheral part (i.e. where 30, 23 are located) comprises the first part (e.x. one or a portion, such as top or righthand side one(s), of 30) since Izu teaches the opposite configuration where the central part comprises the first part and the second part and the peripheral part comprises the optical element.
It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a lighting device comprised of components in the configuration as set forth in the claims, particularly a first part and a second part of one or more second openings located on/in a front part that “at least partly enclose the optical element”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references relate either to the field of the invention or subject matter of the invention, but are not relied upon in the rejection of record: 11228735 and KR20090105634 and CN104747959 (a lighting device comprised of an anion generator), WO2016067743 (an ion generator with a light generating device), WO2022150422 (a ceiling fan with a lighting means and an air ionizer producing both negative and positive charged particles), KR20180012021 (air purifier).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758
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