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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/10/2026 has been entered.
The amendment filed 2/17/2026 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) 21-25, 34-36, and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horne (US 2018/0343846) in view of Barroso et al. (US 2017/0006848) (hereinafter Barroso) and Yavnieli (US 4,490,937).
Claim 21: Horne teaches a lighting element comprising: a light portion (30, fig. 1) configured to emit light (see para [0030]), the light portion (30) including: a top portion (2, fig. 1); a base portion (exposed portion of 10, fig. 4) connected to the top portion (2) via at least one cage portion (exposed portion of 5, fig. 4); wherein the cage portion (exposed portion of 5) is separated vertically (exposed portion 5 is separated vertically from exposed portion 5 by the intermediary portion between 5 and 10) from the base portion (exposed portion of 10); a conducting grid element (6, 7, fig. 8) mounted inside the at least one cage portion (5, fig. 8); a light source (LEDs in 4, fig. 8) (a plurality of LED lights disposed about the perimeter of the shroud 4, see para [0033]) configured to emit visible light in a predetermined pattern (white light, see para [0033]), a shade element (lighting control shroud of 4, fig. 8) (see para [0033]) the light source (plurality of LED lights) such that visible light is emitted through the shade element (white light, see para [0033]).
However, Horne is silent about a flickering light source, and the shade element surrounding the flickering light source.
Barroso teaches a flickering light source (10, fig. 1) (flickering pattern, see para [0028]) configured to emit light in a predetermined pattern (flickering, see para [0028]).
Yavnieli teaches a shade element (154, fig. 5) (shade, see Col. 4 lines 41-48) surrounding a light source (174, fig. 5) such that visible light is emitted through the shade element (154).
Therefore, in view of Barroso, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the second light source of Horne with a flickering light source configured to emit light in a predetermined pattern, in order to improve insect trapping by attracting multiple species of insects.
Therefore, in further view of Yavnieli, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the shape of the shade element of Yavnieli to the shade element of Yavnieli where the shade element surrounding the flickering light source such that visible light is emitted through the shade element, in order to change the direction of light emitted to a downward and outward direction [Yavnieli, Col. 4 lines 41-48].
Claim 22: Horne fails to teach an elongated pole including a plurality of pole segments, wherein the light portion is mounted on top of the elongated pole.
Barroso teaches an elongated pole (see fig. 9) including a plurality of pole segments (the pole can be comprising of many segments, see fig. 9), wherein the light portion is mounted on top of the elongated pole (see fig. 9).
Therefore, in view of Barroso, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an elongated pole including a plurality of pole segments wherein the light portion is mounted on top of the elongated pole, in order to mount the lighting element on a pole for elevated positioning.
Claim 23: Horne teaches at least one cage portion (5, fig. 2) including: a first cage element (portion of 5 on left side of 30, fig. 1) positioned on a first side of the light portion (left side of 30); and a second cage element (portion of 5 on right side of 30, fig. 1) positioned on a second side of the light portion (right side of 30), wherein the first cage element and second cage element (left and right parts of 5 are combined to form 5) are connected to each other to form the at least one cage portion (5) (Note: the term “element” is broad and can be interpreted as a portion of 5).
Claim 24: Horne teaches a UV light portion (4, fig. 8) comprises a plurality of UV light emitting diodes (UV LEDs, see para [0033]) spaced around an outer periphery of the top portion (perimeter of shroud, see para [0033]).
Claim 25: Horne teaches the shade element (lighting control shroud of 4, fig. 8) comprises a partially transparent material (transparent bars, see para [0038]).
Claim 34: Horne teaches at least one control circuit (microcontroller, fig. 9) connected to the UV light source (UV light, fig. 9), the conducting grid element (bug zapper grid, fig. 9) and the light source (L1, L2, fig. 9) and operable to control activation of the UV light source (UV light, fig. 9), the conducting grid element (grid, fig. 9) and the light source (L1, L2).
However, Horne fails to teach a flickering light source.
Barroso teaches a flickering light source (10, fig. 1) (flickering pattern, see para [0028]).
Therefore, in view of Barroso, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the second light source of Horne with a flickering light source configured to emit light in a predetermined pattern, in order to improve insect trapping by attracting multiple species of insects.
Claim 35: Horne in view of Barroso teaches at least one input element (S1, S2, fig. 9; Horne) (switches, see para [0041] ; Horne), connected to the control circuit (microcontroller, fig. 9; Horne), wherein the control circuit controls (microcontroller, fig. 9; Horne) the UV light source (UV light, fig. 9; Horne), the conducting grid element (bug zapper grid, fig. 9; Horne) and the flickering light source (10, fig. 1; Barroso) (flickering pattern, see para [0028]; Barroso) based on information provided via the at least one input element.
Claim 36: Horne in view of Barroso teaches a power source (high-voltage power supply, see para [0027]; Horne) (Vdd, fig. 9; Horne), wherein the power source (Vdd; Horne) is connected to the control circuit (microcontroller, fig. 9; Horne), and the control circuit (microcontroller) controls power supplied (see para [0032], [0042] ; Horne) to the UV light source (UV light, fig. 9; Horne), the conducting grid element (bug zapper grid, fig. 9; Horne) and the light source (10, fig. 1; Barroso) (flickering pattern, see para [0028]; Barroso)
However, Horne fails to teach the flickering light source.
Barroso teaches a flickering light source (10, fig. 1) (flickering pattern, see para [0028]).
Therefore, in view of Barroso, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the second light source of Horne with a flickering light source configured to emit light in a predetermined pattern, in order to improve insect trapping by attracting multiple species of insects.
Claim 38: Horne teaches a power source (power source, see para [0032]) (Vdd, fig. 9); and a charging circuit (circuit of fig. 9) (charge an external device, see para [0032]) connected to the power source (power source, para [0032]) and configured to recharge the power source (charge an external device, see para [0032]).
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horne (US 2018/0343846) in view of Barroso et al. (US 2017/0006848) (hereinafter Barroso) and Yavnieli (US 4,490,937) as applied to claim(s) 37 above, and further in view of Rose, SR. (US 2005/0172542).
Claim 37: Horne teaches a power source (high-voltage power supply, see para [0027]) (Vdd, fig. 9).
However, Horne in view Barroso and Yavnieli fails to teach at least one solar panel mounted on a top surface of the top portion and connected to the power source such that the power source is recharged by electricity provided by the at least one solar panel.
Rose teaches a power source (22, fig. 2); and at least one solar panel (58, fig. 2) mounted on a top surface of the top portion (top portion of 20, fig. 2) and connected to the power source (22) such that the power source (22) is recharged (recharge mechanism, see para [0031]) by electricity provided by the at least one solar panel (58).
Therefore, in view of Rose, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add at least one solar panel mounted on a top surface of the top portion of Horne and connected to the power source such that the power source is recharged by electricity provided by the at least one solar panel, in order to improve usage in areas with limited accessibility [Rose, 0009].
Response to Arguments
Applicant's arguments filed 2/17/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that “a base portion connected to the top portion via at least one cage portion, wherein the cage portion is separated vertically from the base portion”, the examiner notes that the claims can be broadly interpreted where portions of the cage 5 of Horne is separated vertically from the base portion 10 by the intermediary portion between 5 and 10. The examiner notes that the term “portion” can be broadly interpreted as any part of the base and cage.
Allowable Subject Matter
Claim(s) 26-33 is/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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken as a whole does not show nor suggest wherein the flickering light source comprises: a first set of light sources positioned to emit light through the shade element; and a second set of light sources positioned to emit light through the shade element, wherein the first set of light sources is activated to emit light in a first pattern and the second set of light sources is activated to emit light in a second pattern with respect to claim(s) 26, as specifically called for in the claimed combinations.
Claim(s) 27-33 is/are dependent upon claim(s) 26 and is/are therefore allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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/ZHENG SONG/ Primary Examiner, Art Unit 2875
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