Office Action Predictor
Last updated: April 15, 2026
Application No. 18/485,752

ILLUMINATION FOR HORTICULTURAL AND OTHER APPLICATIONS

Non-Final OA §112§DP
Filed
Oct 12, 2023
Examiner
SHUR, STEVEN JAMES
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Unknown
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
2y 8m
To Grant
97%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
171 granted / 275 resolved
+10.2% vs TC avg
Strong +35% interview lift
Without
With
+35.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
307
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 275 resolved cases

Office Action

§112 §DP
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 11 is objected to because of the following informalities: “or or” in line 6 should read “or [[or]]”. Appropriate correction is required. Claims 3, 4, 11, 17, and 18 is objected to because of the following informalities: “a orientation” should read “[[a]] an orientation”. Appropriate correction is required. Claim Rejections - 35 USC § 112(b) 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 10 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 10 recites the limitation “The method of claim 5” and “the Fresnel mirror”. There is insufficient antecedent basis for this limitation in the claim because there is not a “Fresnel mirror” positively claimed in claims 1 or 5. Therefore, the claim is vague and indefinite. For the purpose of examination, “claim 5” is interpreted as “claim 4” which provides “a Fresnel mirror”. 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 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,793,118. Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 is anticipated by claim 1 of ‘118, which recites a method for increasing availability of light at a target area (preamble), the method comprising: selecting, at a time of manufacture of a convex reflective surface or optical equivalent thereof, maximum and minimum inclinations and curvature determined by an orientation and latitude and range of azimuths available for insolation at a location (selecting, at a time of manufacture of a convex reflective surface, maximum and minimum inclinations and curvature determined by a compass direction and latitude and range of azimuths available for insolation at a location where the convex reflective surface is to be mounted), such that the convex reflective surface or optical equivalent thereof will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the convex reflective surface (such that the convex reflective surface will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the convex reflective surface); statically mounting the convex reflective surface or optical equivalent thereof in a fixed orientation at the position above the target area (statically mounting the convex reflective surface in a fixed orientation at the position above the target area), so that the convex reflective surface or optical equivalent thereof has the selected maximum and minimum inclinations and curvature determined by the orientation and the latitude and range of azimuths available for insolation at the location where the convex reflective surface or optical equivalent thereof is to be mounted (so that the convex reflective surface has the selected maximum and minimum inclinations and curvature determined by the compass direction and the latitude and range of azimuths available for insolation at the location where the convex reflective surface is to be mounted and that vary with the compass direction), and deflecting sunlight received at the convex reflective surface or optical equivalent thereof vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof throughout the day (deflecting sunlight received at the convex reflective surface vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface throughout the day). Claim 2 is anticipated by claim 1 of ‘118, which recites the method of claim 1 (preamble), in which the convex reflective surface or optical equivalent thereof is a convex reflective surface (a convex reflective surface). Claim 3 is anticipated by claim 4 of ‘118, which recites the method of claim 1 (preamble) in which multiple reflective surfaces provide the optical equivalent to a convex reflective surface (using multiple reflective surfaces providing an optical equivalent to a convex reflective surface), the method comprising: selecting, at a time of manufacture, maximum and minimum inclinations and curvature of the convex reflective surface determined by a orientation and latitude and range of azimuths available for insolation at a location where the multiple reflective surfaces are to be mounted (selecting, at a time of manufacture, maximum and minimum inclinations and curvature of the convex reflective surface determined by a compass direction and latitude and range of azimuths available for insolation at a location where the multiple reflective surfaces are to be mounted), such that the multiple reflective surfaces will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the multiple reflective surfaces (such that the multiple reflective surfaces will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the multiple reflective surfaces); statically mounting the multiple reflective surfaces in a fixed orientation at the position above the target area; and deflecting sunlight received at the multiple reflective surfaces vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the multiple reflective surfaces throughout the day (statically mounting the multiple reflective surfaces in a fixed orientation at the position above the target area; and deflecting sunlight received at the multiple reflective surfaces vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the multiple reflective surfaces throughout the day). Claim 4 is anticipated by claim 7 of ‘118, which recites the method of claim 1 (preamble) in which a Fresnel mirror provides the optical equivalent to a convex reflective surface (using a Fresnel mirror providing an optical equivalent to a convex reflective surface), the method comprising: selecting maximum and minimum inclinations and curvature of the convex reflective surface, determined by a orientation and latitude and range of azimuths available for insolation at a location where the Fresnel mirror is to be mounted (selecting maximum and minimum inclinations and curvature of the convex reflective surface, determined by a compass direction and latitude and range of azimuths available for insolation at a location where the Fresnel mirror is to be mounted), such that the Fresnel mirror will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the Fresnel mirror after mounting (such that the Fresnel mirror will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the Fresnel mirror after mounting); manufacturing the Fresnel mirror to provide the optical equivalent to the convex reflective surface in fixed orientation at the position above the target area (manufacturing the Fresnel mirror to provide the optical equivalent to the convex reflective surface in fixed orientation at the position above the target area); statically mounting the Fresnel mirror in fixed orientation at the position above the target area; and deflecting sunlight received at the Fresnel mirror vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the Fresnel mirror throughout the day (statically mounting the Fresnel mirror in fixed orientation at the position above the target area; and deflecting sunlight received at the Fresnel mirror vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the Fresnel mirror throughout the day). Claim 5 is anticipated by claim 2 of ‘118, which recites the method of claim 1 (preamble), wherein selecting further comprises eliminating deflection of insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the convex reflective surface to eliminate deflection corresponding to the certain times (wherein selecting further comprises eliminating deflection of insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the convex reflective surface to eliminate deflection corresponding to the certain times). Claim 6 is anticipated by claim 3 of ‘118, which recites the method of claim 1 (preamble), further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the convex reflective surface corresponding to the certain times (further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the convex reflective surface corresponding to the certain times). Claim 7 is anticipated by claim 5 of ‘118, which recites the method of claim 3 (preamble), wherein selecting further comprises eliminating insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the multiple convex reflective surfaces to eliminate deflection corresponding to the certain times (wherein selecting further comprises eliminating insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the multiple convex reflective surfaces to eliminate deflection corresponding to the certain times). Claim 8 is anticipated by claim 6 of ‘118, which recites the method of claim 3 (preamble), further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the multiple convex reflective surfaces corresponding to the certain times (further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the multiple convex reflective surfaces corresponding to the certain times). Claim 9 is anticipated by claim 8 of ‘118, which recites the method of claim 4 (preamble), wherein selecting further comprises eliminating deflection of insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the Fresnel mirror to eliminate deflection corresponding to the certain times (wherein selecting further comprises eliminating deflection of insolation to the target area at certain times of the day by selecting one or more of the maximum and minimum inclinations and the curvature of the Fresnel mirror to eliminate deflection corresponding to the certain times). Claim 10 is anticipated by claim 9 of ‘118, which recites the method of claim 5 (preamble), further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the Fresnel mirror corresponding to the certain times (further comprising eliminating deflection of insolation to the target area at certain times of the day by removing or obscuring at least one segment of the Fresnel mirror corresponding to the certain times). Claim 11 is anticipated by claim 10 of ‘118, which recites a method for increasing availability of light at a target area (preamble), the method comprising: statically mounting a convex reflective surface or optical equivalent thereof in a fixed orientation at a position above the target area (statically mounting a convex reflective surface in a fixed orientation at a position above a target area), so that the convex reflective surface or optical equivalent thereof has maximum and minimum inclinations and curvature determined by a orientation and a latitude and range of azimuths available for insolation at a location where the convex reflective surface or or optical equivalent thereof is mounted and that vary with the orientation (so that the convex reflective surface has maximum and minimum inclinations and curvature determined by a compass direction and a latitude and range of azimuths available for insolation at a location where the convex reflective surface is mounted and that vary with the compass direction), and deflecting sunlight received at the convex reflective surface or optical equivalent thereof vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof throughout the day (deflecting sunlight received at the convex reflective surface vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface throughout the day), the convex reflective surface or optical equivalent thereof being manufactured to have selected maximum and minimum inclinations and curvature determined by the orientation and latitude and range of azimuths available for insolation at the location where the convex reflective surface or optical equivalent thereof is mounted (the convex reflective surface being manufactured to have selected maximum and minimum inclinations and curvature determined by the compass direction and latitude and range of azimuths available for insolation at the location where the convex reflective surface is mounted) such that the convex reflective surface will when mounted at the location deflect insolation to the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof (such that the convex reflective surface will when mounted at the location deflect insolation to the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface). Claim 12 is anticipated by claim 10 of ‘118, which recites the method of claim 11 (preamble) in which the convex reflective surface or optical equivalent thereof is a convex reflective surface (a convex reflective surface). Claim 13 is anticipated by claim 11 of ‘118, which recites the method of claim 11 (preamble) in which multiple reflective surfaces provide the optical equivalent to a convex reflective surface (using multiple reflective surfaces providing an optical equivalent to a convex reflective surface) the method comprising: statically mounting the multiple reflective surfaces in a fixed orientation at a position above the target area (statically mounting the multiple reflective surfaces in a fixed orientation at a position above a target area); and deflecting sunlight received at the multiple reflective surfaces vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the multiple reflective surfaces throughout the day (and deflecting sunlight received at the multiple reflective surfaces vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the multiple reflective surfaces throughout the day), the multiple reflective surfaces being manufactured to provide an optical equivalent to a convex reflective surface having selected maximum and minimum inclinations and curvature determined by the orientation and latitude and range of azimuths available for insolation at the location where the multiple reflective surfaces are mounted (the multiple reflective surfaces being manufactured to provide an optical equivalent to a convex reflective surface having selected maximum and minimum inclinations and curvature determined by the compass direction and latitude and range of azimuths available for insolation at the location where the multiple reflective surfaces are mounted) such that the multiple reflective surfaces will when mounted at the location deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the multiple reflective surfaces (such that the multiple reflective surfaces will when mounted at the location deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the multiple reflective surfaces). Claim 14 is anticipated by claim 12 of ‘118, which recites the method of claim 11 (preamble) in which a Fresnel mirror provides the optical equivalent to a convex reflective surface (using a Fresnel mirror providing an optical equivalent to a convex reflective surface), the method comprising: statically mounting the Fresnel mirror in fixed orientation at a position above the target area (statically mounting the Fresnel mirror in fixed orientation at a position above a target area); and deflecting sunlight received at the Fresnel mirror vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the Fresnel mirror throughout the day (deflecting sunlight received at the Fresnel mirror vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the Fresnel mirror throughout the day) the Fresnel mirror being manufactured to provide an optical equivalent to a convex reflective surface having selected maximum and minimum inclinations and curvature determined by the orientation and latitude and range of azimuths available for insolation at the location where the Fresnel mirror is mounted (the Fresnel mirror being manufactured to provide an optical equivalent to a convex reflective surface having selected maximum and minimum inclinations and curvature determined by the compass direction and latitude and range of azimuths available for insolation at the location where the Fresnel mirror is mounted), such that the Fresnel mirror will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the Fresnel mirror after mounting (such that the Fresnel mirror will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the Fresnel mirror after mounting). Claim 15 is anticipated by claim 1 of ‘118, which recites a method of manufacture of a convex reflective surface or optical equivalent thereof for use in increasing availability of light at a target area (preamble), the method comprising: (i) selecting maximum and minimum inclinations and curvature determined by an orientation and latitude and range of azimuths available for insolation at a location where the convex reflective surface or optical equivalent thereof is to be mounted (selecting, at a time of manufacture of a convex reflective surface, maximum and minimum inclinations and curvature determined by a compass direction and latitude and range of azimuths available for insolation at a location where the convex reflective surface is to be mounted), such that the convex reflective surface or optical equivalent thereof will when mounted at the location in a fixed orientation at a position above the target area (such that the convex reflective surface will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the convex reflective surface), deflect insolation to the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof (deflecting sunlight received at the convex reflective surface vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface throughout the day.); (ii) manufacturing (at the time of manufacture) the convex reflective surface or optical equivalent thereof to have the selected maximum and minimum inclinations and curvature (selected maximum and minimum inclinations and curvature). Claim 16 is anticipated by claim 1 of ‘118, which recites the method of claim 15 (preamble) in which the convex reflective surface or optical equivalent thereof is a convex reflective surface (a convex reflective surface). Claim 17 is anticipated by claim 4 of ‘118, which recites the method of claim 15 (preamble), in which multiple reflective surfaces provide the optical equivalent to a convex reflective surface for use in increasing availability of light at a target area (using multiple reflective surfaces providing an optical equivalent to a convex reflective surface), the method comprising: (i) selecting maximum and minimum inclinations and curvature of the convex reflective surface determined by a orientation and latitude and range of azimuths available for insolation at a location where the multiple reflective surfaces are to be mounted (selecting, at a time of manufacture, maximum and minimum inclinations and curvature of the convex reflective surface determined by a compass direction and latitude and range of azimuths available for insolation at a location where the multiple reflective surfaces are to be mounted), such that the multiple reflective surfaces will when mounted at the location in a fixed orientation at a position above the target area deflect insolation to the target area without adjustment of the position, the inclinations, or the curvature of the multiple reflective surfaces (such that the multiple reflective surfaces will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the multiple reflective surfaces) (ii) manufacturing (at the time of manufacture) the multiple reflective surfaces to provide the optical equivalent to a convex reflective surface having the selected maximum and minimum inclinations and curvature (selecting, at a time of manufacture, maximum and minimum inclinations and curvature of the convex reflective surface). Claim 18 is anticipated by claim 7 of ‘118, which recites the method of claim 15 (preamble), in which a Fresnel mirror provides the optical equivalent to a convex reflective surface for use in increasing availability of light at a target area (using a Fresnel mirror providing an optical equivalent to a convex reflective surface), the method comprising: (i) selecting maximum and minimum inclinations and curvature of the convex reflective surface determined by a orientation and latitude and range of azimuths available for insolation at a location where the Fresnel mirror is to be mounted (selecting maximum and minimum inclinations and curvature of the convex reflective surface, determined by a compass direction and latitude and range of azimuths available for insolation at a location where the Fresnel mirror is to be mounted), such that the Fresnel mirror will when mounted at the location in a fixed orientation at a position above the target area deflect insolation to the target area without adjustment of the position, the inclinations, or the curvature of the Fresnel mirror (such that the Fresnel mirror will, when mounted, deflect insolation to a target area without adjustment of a position, the inclinations, or the curvature of the Fresnel mirror after mounting); (ii) manufacturing the Fresnel mirror (manufacturing the Fresnel mirror) to provide the optical equivalent to a convex reflective surface having the selected maximum and minimum inclinations and curvature (selecting maximum and minimum inclinations and curvature of the convex reflective surface). Allowable Subject Matter Claims 1-18 are rejected on the ground of nonstatutory double patenting above, but would be allowable if overcome with a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d). Claim 10 would be allowable if rewritten 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 and to include 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 of record fails to disclose or render obvious a method for increasing availability of light at a target area, the method comprising: selecting, at a time of manufacture of a convex reflective surface or optical equivalent thereof, maximum and minimum inclinations and curvature determined by an orientation and latitude and range of azimuths available for insolation at a location where the convex reflective surface or optical equivalent thereof is to be mounted, such that the convex reflective surface or optical equivalent thereof will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the convex reflective surface; statically mounting the convex reflective surface or optical equivalent thereof in a fixed orientation at the position above the target area, so that the convex reflective surface or optical equivalent thereof has the selected maximum and minimum inclinations and curvature determined by the orientation and the latitude and range of azimuths available for insolation at the location where the convex reflective surface or optical equivalent thereof is to be mounted, and deflecting sunlight received at the convex reflective surface or optical equivalent thereof vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof throughout the day. Nationalsafetymirror.com (Driveway Mirror, 26inX36in Acrylic Rectangular Convex [online]. National Safety Mirror, 2014. [retrieved on 2020-03-19]. Retrieved from the Internet: <https://web.archive.org/web/20140423024203/http://www.nationalsafetymirror.com/driveway-mirror-26inx36in-acrylic-rectangular-convex/>) in view of Chapin (US 7,338,178), Choi (KR 101278696 B1), and Anderson, Jr. (US 3,861,379) teach a similar for increasing availability of light for photosynthesis by plants as the claimed invention. However, nationalsafetymirror.com in view of Chapin, Choi, and Anderson, Jr. lacks the method comprising: selecting, at a time of manufacture of a convex reflective surface or optical equivalent thereof, maximum and minimum inclinations and curvature determined by an orientation and latitude and range of azimuths available for insolation at a location where the convex reflective surface or optical equivalent thereof is to be mounted, such that the convex reflective surface or optical equivalent thereof will, when mounted, deflect insolation to the target area without adjustment of a position, the inclinations, or the curvature of the convex reflective surface; statically mounting the convex reflective surface or optical equivalent thereof in a fixed orientation at the position above the target area, so that the convex reflective surface or optical equivalent thereof has the selected maximum and minimum inclinations and curvature determined by the orientation and the latitude and range of azimuths available for insolation at the location where the convex reflective surface or optical equivalent thereof is to be mounted, and deflecting sunlight received at the convex reflective surface or optical equivalent thereof vertically or obliquely downwards onto the target area without adjustment of the position, the inclinations, or the curvature of the convex reflective surface or optical equivalent thereof throughout the day. While nationalsafetymirror.com does not require adjustment after mounting, the driveway mirror disclosed is not pre-configured or selected, at the time of manufacturing, with maximum and minimum inclinations and curvature determined by compass direction and latitude and range of azimuths available for insolation at the location where the driveway mirror is mounted, thus not providing sunlight to the target area throughout the day, as claimed. Further, while Chapin discusses maximum and minimum inclinations and curvature determined by compass direction and latitude and range of azimuths available for insolation at the location, Chapin discloses determining said maximum and minimum inclinations and curvature dynamically with adjustments after mounting the convex reflective surface apparatus. Thus the prior art does not fairly teach these features as specifically required by the claimed invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J SHUR whose telephone number is (571)272-8707. The examiner can normally be reached Mon - Fri 8:00 am - 4:00 pm EDT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571)272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /S.J.S./Examiner, Art Unit 3647 /BRADY W FRAZIER/Primary Examiner, Art Unit 3647
Read full office action

Prosecution Timeline

Oct 12, 2023
Application Filed
Sep 23, 2025
Non-Final Rejection — §112, §DP
Apr 02, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
97%
With Interview (+35.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 275 resolved cases by this examiner. Grant probability derived from career allow rate.

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