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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,588,202. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below).
Claims 2-10 and 12-17are also rejected as being dependent on claims 1, 11, 18 and may also correspond to claims 2-10, and 12-17 of the ‘202 patent.
Instant Application
US Patent No. 10,588,202
1. A communicative lighting system comprising: a first light source configured to be connected to a first network, the first light source having at least one input mechanism and at least one light output mechanism; a second light source configured to be connected to a second network, the second light source having at least one input mechanism and at least one light output mechanism; and a server connected to at least the first network and the second network, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
1. A communicative lighting system comprising: a first light source connected to a first network, the first light source having at least one input mechanism, at least one light output mechanism, [and a permanently assigned first identifier retained in a non-transitory computer-readable memory within the first light source, the non-transitory computer-readable memory within the first light source further providing computer readable instructions to be executed by a computer processor within the first light source;] a second light source connected to a second network, the second light source having at least one input mechanism, at least one light output mechanism, [and a permanently assigned second identifier retained in a non-transitory computer-readable memory within the second light source, the non-transitory computer-readable memory within the second light source further providing computer readable instructions to be executed by a computer processor within the second light source]; and a server connected to at least one network accessible to both the first light source via the first network and the second light source via the second network, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters; [and wherein the computer readable instructions retained in the non-transitory computer- readable memories of the first light source and the second light source cause the computer processors of the first light source and the second light source to contact the server to register a network address of each of the first light source and the second light source, and wherein the receipt of an input at the input mechanism of the first light source causes a message to be transmitted from the first light source to the server and then from the server to the second light source to alter the operation of the at least one light output mechanism of the second light source, and wherein the receipt of an input at the input mechanism of the second light source causes a message to be transmitted from the second light source to the server and then from the server to the first light source to alter the operation of the at least one light output mechanism of the first light source.]
11. A communicative lighting system comprising: a plurality of light sources each configured to be connected to one of a plurality of wireless networks, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade, an input mechanism, a wireless network connection configured to provide a data connection to at least one wireless network of the plurality of wireless networks, and a server accessible by at least some of the plurality of light sources via at least one wireless network of the plurality of wireless networks, wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
11. A communicative lighting system comprising: a plurality of light sources, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade, an input mechanism, a wireless network connection providing a data connection to at least one wireless network, at least one computer processor that receives inputs from the input mechanism, controls the output of the light emitting diodes, and sends and receives communications over the wireless network connection, and a non-transitory computer-readable memory containing a permanently assigned unique identifier corresponding to that light source and computer readable instructions retained in a non-transitory form to be executed by a computer processor within the first light source to perform at least part of a method of interaction between at least two of the plurality of light sources; and a server accessible by at least some of the plurality of light sources via at least one network, the server having at least one computer processor operating based upon computer-readable instructions retained in a non-transitory form to cause the server to perform at least part of the method of interaction between at least two of the plurality of light sources; and wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,129,263. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below).
Claims 2-10, 12-17 and 19-20 are also rejected as being dependent on claims 1, 11, 18 and may also correspond to claims 2-10, 12-17 and 19-20 of the ‘263 patent.
Instant Application
US Patent No. 11,129,263
1. A communicative lighting system comprising: a first light source configured to be connected to a first network, the first light source having at least one input mechanism and at least one light output mechanism; a second light source configured to be connected to a second network, the second light source having at least one input mechanism and at least one light output mechanism; and a server connected to at least the first network and the second network, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
1. A communicative lighting system comprising: a first light source, the first light source having at least one [a touch-sensitive surface] input mechanism, at least one light output mechanism [disposed on a printed circuit board, a sensing pad disposed along the bottom of the printed circuit board and electrically connected to an activation sensing circuit, and a permanently assigned first identifier]; a second light source, the second light source having at least one [a touch-sensitive surface] input mechanism, at least one light output mechanism [disposed on a printed circuit board, a sensing pad disposed along the bottom of the printed circuit board and electrically connected to an activation sensing circuit, and a permanently assigned second identifier;] and a server connected to at least one network accessible to both the first light source and the second light source, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
11. A communicative lighting system comprising: a plurality of light sources each configured to be connected to one of a plurality of wireless networks, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade, an input mechanism, a wireless network connection configured to provide a data connection to at least one wireless network of the plurality of wireless networks, and a server accessible by at least some of the plurality of light sources via at least one wireless network of the plurality of wireless networks, wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
11. A communicative lighting system comprising: a plurality of light sources, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade [and disposed on a printed circuit board, a touch-sensitive surface] an input mechanism, [a sensing pad disposed along the bottom of the printed circuit board and electrically connected to an activation sensing circuit,] a wireless network connection providing a data connection to at least one wireless network, a permanently assigned unique identifier corresponding to that light source; and a server accessible by at least some of the plurality of light sources via at least one network, wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
18. A method for communication over distances, the method comprising: associating a first lighting device connected to a first networks to a second lighting device connected to a second network; determining when a local input has been received by said first lighting device; activating local light elements associated with said first device when a local input has been received; sending of a message by said first lighting device based upon the local input; receiving of said message by said second lighting device; activating light elements associated with said second device upon receipt of said message; determining when a local input has been received by said second lighting device; activating local light elements associated with said second device when a local input has been received; sending of a message by said second lighting device based upon the local input; receiving of said message by said first lighting device; and activating light elements associated with said first device upon receipt of said message.
18. A method for communication over distances, the method comprising: [powering on a first lighting device by touching a touch-sensitive surface operably linked to a sensing pad disposed along the bottom of a printed circuit board and electrically connected to an activation sensing circuit;] associating said first lighting device to a second lighting device; determining when a local input has been received by said first lighting device; activating local light elements disposed on the printed circuit board and associated with said first device when a local input has been received; sending of a message by said first lighting device based upon the local input; receiving of said message by said second lighting device; and activating light elements associated with said second device upon receipt of said message.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,818,823. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below).
Claims 2-10, 12-17 and 19-20 are also rejected as being dependent on claims 1, 11, 18 and may also correspond to claims 2-10, 12-17 and 19-20 of the ‘823 patent.
Instant Application
US Patent No. 11,818,823
1. A communicative lighting system comprising: a first light source configured to be connected to a first network, the first light source having at least one input mechanism and at least one light output mechanism; a second light source configured to be connected to a second network, the second light source having at least one input mechanism and at least one light output mechanism; and a server connected to at least the first network and the second network, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
1. A communicative lighting system comprising: a first light source, the first light source having at least one input mechanism, at least one light output mechanism, [and a permanently assigned first identifier;] a second light source, the second light source having at least one input mechanism, at least one light output mechanism, [and a permanently assigned second identifier]; and a server connected to at least one network accessible to both the first light source and the second light source, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
11. A communicative lighting system comprising: a plurality of light sources each configured to be connected to one of a plurality of wireless networks, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade, an input mechanism, a wireless network connection configured to provide a data connection to at least one wireless network of the plurality of wireless networks, and a server accessible by at least some of the plurality of light sources via at least one wireless network of the plurality of wireless networks, wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
11. A communicative lighting system comprising: a plurality of light sources, each of the plurality of light sources comprising: a plurality of light emitting diodes contained within a shade, an input mechanism, a wireless network connection providing a data connection to at least one wireless network, [a permanently assigned unique identifier corresponding to that light source]; and a server accessible by at least some of the plurality of light sources via at least one network, wherein the method of interaction between at least two of the plurality of light sources comprises: in response to an input received at an input device of a first light source, altering the output of the plurality of light emitting diodes of the first light source; in response to an input received at an input device of a first light source, transmitting a message to at least a second light source; and at the second light source, in response to the message from the first light source, altering the output of the plurality of light emitting diodes of the second light source.
18. A method for communication over distances, the method comprising: associating a first lighting device connected to a first networks to a second lighting device connected to a second network; determining when a local input has been received by said first lighting device; activating local light elements associated with said first device when a local input has been received; sending of a message by said first lighting device based upon the local input; receiving of said message by said second lighting device; activating light elements associated with said second device upon receipt of said message; determining when a local input has been received by said second lighting device; activating local light elements associated with said second device when a local input has been received; sending of a message by said second lighting device based upon the local input; receiving of said message by said first lighting device; and activating light elements associated with said first device upon receipt of said message.
18. A method for communication over distances, the method comprising: [powering on a first lighting device]; associating said first lighting device to a second lighting device; determining when a local input has been received by said first lighting device; activating local light elements associated with said first device when a local input has been received; sending of a message by said first lighting device based upon the local input; receiving of said message by said second lighting device; and activating light elements associated with said second device upon receipt of said message; determining when a local input has been received by said second lighting device: activating local light elements associated with said second device when a local input has been received; sending of a message by said second lighting device based upon the local input; receiving of said message by said first lighting device; and activating light elements associated with said first device upon receipt of said message.
Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of co-pending Application No. 18/212,064 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 2-10 are also rejected as being dependent on claim 1 but may also correspond to claims 2-10 of the ‘064 application.
Instant Application
US Patent Application 18/212,064
1. A communicative lighting system comprising: a first light source configured to be connected to a first network, the first light source having at least one input mechanism and at least one light output mechanism; a second light source configured to be connected to a second network, the second light source having at least one input mechanism and at least one light output mechanism; and a server connected to at least the first network and the second network, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism of the first light source alters.
1. A communicative lighting system, the system comprising: a first light source, the first light source including at least one input mechanism, at least one light output mechanism, [at least one screen configured to display one or more identifying images, and a permanently assigned first identifier;] a second light source, the second light source including at least one input mechanism, at least one light output mechanism, [at least one screen configured to display one or more identifying images, and a permanently assigned second identifier;] and a server connected to at least one network accessible to both the first light source and the second light source, the server receiving messages from at least the first light source and the second light source to associate the first light source and the second light source with one another, such that when an input is made using the at least one input mechanism at the first light source the operation of the at least one light output mechanism and at least one screen of the second light source alters and such that when an input is made using the at least one input mechanism at the second light source the operation of the at least one light output mechanism and at least one screen of the first light source alters.
Response to Arguments
Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive. The Applicant noted that there was a Terminal Disclaimer filed within the response on 2/6/2026; however, no such Terminal Disclaimer nor any associated fees/documents were officially submitted within the response.
A terminal disclaimer may be effective to overcome a nonstatutory double patenting rejection over a reference patent (37 CFR 1.321(b) and (c)). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Furthermore, a terminal disclaimer may be effective to overcome a provisional nonstatutory double patenting rejection over a pending application (37 CFR 1.321(b) and (c)). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/PatentForms. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/TerminalDisclaimer.
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.
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/JASON M CRAWFORD/Primary Examiner, Art Unit 2844