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 .
Claim Objections
Claim 16 is objected to because of the following informalities: line 7, “circadian” appears to be “circadian response”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 17 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.
Claim 17 recites the limitation "the system controller" in lines 19-20. There is insufficient antecedent basis for this limitation in the claim.
Remarks
The Office has cited particular columns, line numbers, paragraph numbers, references, or figures in the references applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP § 2141.02 and § 2123.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frohnapfel et al. (US 2016/0262222 A1, hereinafter referred to as Frohnapfel).
Regarding claim 1, Frohnapfel discloses a lighting fixture (Fig. 1) configured to produce a cumulative light output comprising a cumulative color temperature, a cumulative intensity, and a cumulative circadian response (see Abstract, paras. 0008-0010, 0018-0020, 0033), the light fixture comprising:
a first light source (first light source 1) configured to emit light having a first color temperature (CCT1) (paras. 0008, 0026, 0036);
a second light source (first light source 2) configured to emit lighting having a second color temperature (CCT2) (paras. 0008, 0027, 0036);
wherein the first and second color temperatures comprise a substantially same color temperature (“the first color locus substantially corresponds to the second color locus”, para 0008; and “the first color temperature differs from the second color temperature by less than 300 K, particularly preferably by less than 100 K”, paras 0011-0013, 0032, 0036, 0037);
wherein the light emitted by the first light source is configured to produce a higher spectral power distribution over a range of wavelengths in a first region of the visible light spectrum than the light emitted by the second light source (Figs. 2a-2b; and “the second spectral distribution differs from the first spectral distribution”, para 0008; one source has higher circadian action factor Acv (difference > 0.10, preferably > 0.30), corresponding to higher spectral power in the melanopicsensitive (blue) region of the visible spectrum. See paras 0014, 0028, 0038; Figs. 2a-2b.);
a communication circuit (rotary switch 6, Fig. 4) configured to receive commands (para 0047); and a control circuit (control unit 3 receives drive signals/commands to set intensities, para 0031) coupled to the communication circuit, the control circuit configured to: receive, via the communication circuit, a command to adjust the cumulative circadian response of the cumulative light output (“altering the circadian or melanopic action factor of the emitted light”, para 0006),
wherein the command comprises a target circadian response a value that indicates a sum of intensities of light sources that are configured to produce a higher spectral power distribution over the range of wavelengths with respect to a cumulative light intensity of the fixture (“‘altering the intensities of the first light and of the second light, it is possible to alter the weighting of the two lights such that the melanopic action factor of the light emitted overall by the lamp is altered as a result, without the color temperature of said light being altered in the process... the total intensity, composed of the intensity of the first light and of the second light’”, para 0010; paras 0030, 0033; and Fig. 2);
based on the target circadian response value comprised in the command, determine respective intensities of the first light source and the second light source (para 0033); and
control the first and second light sources to the determined respective intensities to produce the target circadian response (paras 0031, 0033).
Regarding Claim 12, Frohnapfel discloses the lighting fixture of claim 1, wherein the first color temperature and the second color temperature have corresponding chromaticities within a one-step MacAdam ellipse of each other (“Within a one-step MacAdam ellipse, a color difference can be ascertained practically by no human being.”, para 0035).
Regarding Claim 14, Frohnapfel discloses the lighting fixture of claim 1, wherein the control circuit is further configured to maintain the cumulative intensity and the cumulative color temperature of the cumulative light output when the cumulative circadian response is adjusted in response to the received command (para 0033).
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) 2-11, 13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Frohnapfel in view of Shan et al. (US 2020/0405997 A1, hereinafter referred to as Shan).
Regarding Claim 2, Frohnapfel discloses all the features and limitations as discussed above but does not disclose a third light source configured to emit light having a third color temperature; and a fourth light source configured to emit light having a fourth color temperature; wherein the third and fourth color temperatures comprise a second substantially same color temperature different from the substantially same color temperature of the first and second light sources.
However, Shan discloses a plurality of light-emitting regions (two, three, four, five ... or more), each region itself containing multiple LEDs, with one region at warm CCT (≤ 3000 K) and another at cool CCT(≥ 3500 K up to 8000 K); each region can be internally metameric (different melanopic ratio but CCT difference ≤ 1000 K), paras 0062, 0065, 0045, 0047).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to duplicate the metameric pair of Frohnapfel at two different CCTs (warm pair + cool pair) to obtain independent control of both CCT and circadian response (see paras 0002-0005).
Shan further discloses wherein the third light source is configured to produce a higher spectral power distribution over the range of wavelengths in the first region of the visible light spectrum than the light emitted by the fourth light source (each region in Shan can contain a high-melanopic LED (higher SPD in 425-525 nm blue) and a low-melanopic LED (lower SPD in that band), paras 0103-0104); and
wherein the control circuit is further configured to, based on the command to adjust the circadian response, determine a respective intensity of the third light source and the fourth light source; and control the intensity of the third and fourth light sources to produce the target circadian response according to the received command (the controller of Shan independently adjusts currents to every LED/region to achieve any target cumulative melanopic ratio while the overall CCI and intensity remain constant, paras 0037, 0066).
Regarding Claim 3, Shan discloses wherein the substantially same color temperature of the first and second light sources comprises a warm color temperature in the range of 1800K - 3000K (warm/cool region examples, paras 0045, 0047).
Regarding Claim 4, Shan discloses wherein the second substantially same color temperature comprises a cool color temperature in the range of 3500K - 8000K (warm/cool region examples, paras 0045, 0047).
Regarding Claim 5, Shan discloses wherein the first region of the visible light spectrum comprises a blue region of the visible light spectrum (high-melanopic LEDs use peaks precisely in 430-480 nm (blue) or 390-430 nm (violet) to modulate melanopic ratio in that exact band, para 0082).
Regarding Claim 6, Shan discloses wherein the range of wavelengths is approximately 425 nanometers to 525 nanometers (high-melanopic LEDs use peaks precisely in 430-480 nm (blue) or 390-430 nm (violet) to modulate melanopic ratio in that exact band, para 0082).
Regarding Claims 7-11, the modified Frohnapfel discloses all the features and limitations as discussed above but does not explicitly disclose: the second light source comprises a purple LED (claim 7); wherein the blue LED has a primary emission peak between approximately 425 nanometers to 525 nanometers, further wherein the purple LED has a primary emission peak less than 425 nanometers (claim 8); wherein the third light source comprises a blue LED and the fourth light source comprises a purple LED (claim 9); wherein the blue LED has a primary emission peak between approximately 425 nanometers to 525 nanometers, further wherein the purple LED has a primary emission peak less than 425 nanometers (claim 10); and wherein the blue LED has a primary emission peak between approximately 440 nanometers to 490 nanometers, further wherein the purple LED has a primary emission peak less than 425 nanometers (claim 11).
Shan discloses blue LEDs (peak 430-480 run or 440--460 nm) for the highSPD source and violet LEDs (peak 390-430 run) for the low-SPD source (para 0082).
Therefore, it would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention, to substitute these specific LED types of Shan into the metameric pairs of the modified Frohnapfel to achieve the required SPD difference in the 425-525 nm melanopic band.
Regarding Claim 13, the modified Frohnapfel discloses all the features and limitations as discussed above but does not explicitly disclose wherein the second color temperature and the third color temperature have corresponding chromaticities within a one-step MacAdam ellipse of each other.
Frohnapfel already discloses the one-step case as the ideal (para 0035); applying the same to the second (cool) pair is obvious.
Regarding Claim 15, the modified Frohnapfel discloses wherein the control circuit is further configured to maintain the cumulative intensity and the cumulative color temperature of the cumulative light output when the circadian response is adjusted (Frohnapfel para 0033, Shan para 0037).
Regarding Claim 16, Shan discloses wherein the control circuit is further configured to: receive a second command comprising an intensity, a CCT, and a circadian response; determine the intensities of the first, second, third and fourth light sources based on the received intensity, CCT, and circadian response of the second command; and control the intensities of the first, second, third and fourth light sources to produce the intensity, CCT, and circadian of the cumulative light output according to the received command; wherein the intensity of the first light source as a percentage of the first and second light sources is equal to the intensity of the third light source as a percentage of the third and fourth light sources (Shan’s controller receives commands, including time-of-day or user-defined targets, that specify desired melanopic ratio, CCT, and intensity; it solves for the four intensities such that the high-SPD proportion is identical in every pair so overall CCT remains unchanged, see paras 0037, 0066).
Regarding Claim 17, Frohnapfel discloses a system for controlling a cumulative light output (Frohnapfel discloses a lamp (lighting system/fixture) whose overall (cumulative) light output is controlled to achieve a desired melanopic/circadian action factor (Abstract; paras 0010, 0033)), the system comprising:
a first light emitting diode (LED) having a primary emission peak between approximately 425 nanometers to 525 nanometers and configured to emit light having a first color temperature (Shan discloses high-melanopic LEDs with primary emission peaks in the blue range (e.g., 430-480 nm or 440-460 nm) (para 0082); these are used as the higher-circadian-impact source in a metameric pair. Frohnapfel uses a first light source with higher blue proportion (higher SPD in blue region) (paras 0003, 0014, 0028, Figs. 2a/2b). Combining teaches a first LED in this peak range.);
a second LED having a primary emission peak less than 425 nanometers and configured to emit lighting having a second color temperature (Shan discloses low-melanopic LEDs with primary peaks in the violet range (390-430 nm, explicitly < 425 nm) (para 0082); these are paired metamerically with the blue LED above.);
wherein the first and second color temperatures comprise a first substantially same color temperature in the range of 1800K - 3000K (Shan teaches metameric LED pairs (different SPD but same perceived color) at warm-white CCTs (e.g., s 3000 K) (paras 0045, 0062, 0065). Frohnapfel teaches metameric sources (same color locus within MacAdam ellipse, CCT difference preferably < 100 K) (paras 0008, 0011, 0032, 0034). Obvious to apply the warm range to one pair.);
a third LED having a primary emission peak between approximately 425 nanometers to 525 nanometers and configured to emit light having a third color temperature; and a fourth LED having a primary emission peak less than 425 nanometers and configured to emit light having a fourth color temperature (identical to first/second LEDs above, but for the second pair; Shan explicitly discloses multiple regions/pairs (two, three, four or more), with one warm pair and one cool pair, each internally using high-melanopic (blue-peak) and low-melanopic (violet-peak) LEDs (paras 0062, 0065, 0047, Fig. 2B));
wherein the third and fourth color temperatures comprise a second substantially same color temperature in the range of 3500K - 8000K (Shan teaches a second region/pair at cool CCTs (≥ 3500 K up to 8000 K or higher) with metameric LEDs (paras 0045, 0047)); and
wherein the light emitted by the first and third LEDs is configured to produce a higher spectral power distribution over a range of wavelengths in a first region of a visible light spectrum than the light emitted by the second and fourth LEDs (Shan teaches the high-melanopic sources (first/third LEDs) have higher SPD in the blue region (melanopic-relevant band, 420-520 nm) compared to the low-melanopic/violet sources (paras 0082, 0103-0104 of Shan)); and
a lighting fixture, wherein the lighting fixture further comprises: a first communication circuit configured to receive commands from the system controller (Shan’s lighting apparatus includes a controller in communication with the LEDs/regions, capable of receiving external commands/signals (e.g., time-based or user input) to adjust settings (para 0066); Frohnapfel’s control unit 3 receives drive signals (para 0031)); and
a control circuit coupled to the first communication circuit and operably coupled to the first, second, third and fourth LEDs (Shan’s controller is operably coupled to all LEDs and adjusts their individual currents/intensities (paras 0037, 0066)),
wherein the control circuit is configured to: receive, via the communication circuit, a command to adjust a cumulative circadian response of the cumulative light output, wherein the command comprises a target circadian response value that indicates a sum of intensities of the LEDs that are configured to produce the higher spectral power distribution over the range of wavelengths with respect to a cumulative light intensity of the system (Frohnapfel’s control unit receives/sets a target melanopic factor (circadian response metric), defined as the intensity-weighted contribution of the higher-SPD source relative to total intensity (essentially high-SPD intensity sum + total) (para 0033). Shan’s controller similarly targets a desired cumulative melanopic ratio (para 0037));
based on the target circadian response value comprised in the command, determine respective intensities of the first, second, third, and fourth LEDs: and control the first, second, third, and fourth LEDs to the determined respective intensities to produce the target circadian response (both references teach solving for individual intensities (opposite changes in metameric pairs) to achieve the target while holding overall intensity and CCT constant (Frohnapfel, para 0033; Shan, paras 0037, 0066).
Frohnapfel identifies the problem that conventional warm-white/cold-white lamps change circadian response whenever CCT is adjusted (paras 0002-0005).
Shan discloses providing multi-region/multi-LED systems with independent circadian (melanopic) control while preserving color characteristics.
Therefore, it would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the metameric-pair teaching of Frohnapfel with the multi-region architecture and specific blue/violet LED types of Shan to obtain a single fixture/system that can independently tune both CCT and circadian response.
Regarding Claim 18, the modified Frohnapfel discloses the system of claim 17, wherein the first, second, third, and fourth LEDs are housed within the lighting fixture (Shan discloses single apparatus/fixture housing multiple LED regions/pairs; para 0065, Fig. 2B; Frohnapfel discloses lamp houses its LEDs in a single housing, para 0047).
Regarding Claim 19, Frohnapfel discloses the system of claim 18, wherein the first color temperature and the second color temperature have corresponding chromaticities within a one- step MacAdam ellipse of each other; and wherein the second color temperature and the third color temperature have corresponding chromaticities within a one-step MacAdam ellipse of each other (Frohnapfel discloses the ideal metameric match is within a one-step MacAdam ellipse ("a color difference can be ascertained practically by no human being"; para 0035). Applying this tight tolerance to both pairs in the multi-region system of Shan is obvious to minimize perceptible color mismatch).
Regarding Claim 20, the modified Frohnapfel discloses the system of claim 19, further comprising: an input device; and a system controller comprising a second communication circuit for transmitting and receiving commands, wherein the system controller is configured to: receive, via the second communication circuit, commands for adjusting circadian response from the input device, and transmit, via the second communication circuit, commands for adjusting circadian response to the lighting fixture (Shan’s system supports external/time-based inputs to the controller (para 0066); adding a discrete input device (e.g., user interface, app, or remote) and separate system controller with bidirectional communication is obvious in view of conventional lighting control architectures. Such features enable user-driven circadian adjustment, directly aligning with the goal of both references).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D CHANG whose telephone number is (571)272-1801. The examiner can normally be reached M-F 8-5 EST.
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/DANIEL D CHANG/ Primary Examiner, Art Unit 2844