DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/28/26 has been entered.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 18 and 20-22 are rejected under pre-AIA 35 U.S.C. 102(e) as being U.S. Patent Application Publication No. 2009/0097262, to Zhang (hereafter referred to as 'Zhang '262').
For the analysis of the Zhang '262 reference, the examiner uses the earliest filing date, 10/10/2007, of the provisional application 60/979,068 in which Zhang '262 claims priority to Zhang '262 discloses a luminaire (see luminaire shown on pages 1-5 and 7 of the drawings of provisional application 60/979,068) for mounting in a ceiling, comprising: a downlight module (downlight module is defined by the structure of the cap (4, 7) extending down to the trim (1, 2) as shown on pages 1-5 and 7 of the drawings of provisional application 60/979,068) comprising at least one light emitting diode (LED) light source (see LED light source described on page 1 in spec. and shown on pages 1, 3 and 5-7 in prov. app. 60,979,068) mechanically coupled to an inner surface of the downlight module (see LED light source described on page 1 in spec. of prov. app. # 60/979,068 and shown on pages 1, 3 and 5-7 in prov. app. # 60,979,068); a driver (see driver, 5, 9 on page 1 of the specification of provisional application 60,979,068, and shown on pages 1-8 of provisional app. 60/979,068) electrically coupled to the LED light source (see page 1 of the specification of provisional application 60,979,068), wherein the driver (driver 5, 9 of prov. App. # 60,979,068) is remotely located from the downlight module (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068 which show driver 5, 9 located outside and remote from downlight module); an adapter (see adapter 18, 13, pages 1-5 and 7 of prov. 60/979,068) includes a plug connector at an end of the adapter (see the end of adapter 18, 13, pages 1-5 and 7 of prov. 60/979,068 which includes male plug connector); wherein the male plug connector at the end of the adapter 18, 13 is electrically coupled to the driver (5, 9, see page 1 of spec. in prov. App. # 60/979,068); and a complementary connector (see complimentary connector 14, 19 on pages 1-5 and 7 of the drawings filed in provisional application 60/979,068) attached to the driver (see page 1 in spec. and pages 1-5 and 7 of the drawings in prov. app.# 60,979,068), and wherein the plug connector is configured to releasably attach to the complementary connector (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068 which shows the male plug connector 13 or 18 is attached and releasably detached from the female complimentary connector 14 or 19).
Regarding claim 20, Zhang '262 teaches the luminaire of claim 18. Zhang ‘262 further teaches a pair of mounting devices 8 coupled to the downlight module on opposing sides of the downlight module (see mounting devices 8 of the figures in pages 1-5 and 7 of the drawings of provisional application 60,979,068), wherein the pair of mounting devices are configured to hold at least a portion of the downlight module above in the ceiling and wherein the pair of mounting devices are mounted to an outside of the downlight module proximate to a light emitting opening of the downlight module (see pages 1-5 and 7 of the drawings of provisional application 60,979,068).
Regarding claim 21, Zhang '262 teaches the luminaire of claim 20. Zhang ‘262 further teaches wherein each of the pair of mounting devices (mounting devices 8 of prov. App. # 60/979,068) includes torsion springs, wherein each torsion spring includes a pair of bracket ends 4, and wherein the bracket ends of each of the pair of bracket ends are squeezed together during installation of the downlight module above in the ceiling (see figures in pages 1-5 and 7 of the drawings of provisional application 60,979,068).
Regarding claim 22, Zhang '262 teaches the luminaire of claim 20. Zhang ‘262 further teaches the plurality of mounting devices 8 are configured to engage a housing (see pages 1-5 and 7 of the drawings of provisional application 60/979,068).
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 23-28 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable Zhang ‘262 in view of (U.S. publication No. 2008/0106907 to Trott, hereafter referred to as 'Trott '907'). Regarding claim 23, Zhang '262 discloses the claimed invention except for the specific teaching that the light emitting diode (LED) light source comprising at least one first LED that emits a first light of a first color temperature and at least one second LED that emits a second light of a second color temperature such that the LED light source provides a combined output light having a color temperature between 2500 and 5000 Kelvin.
Regarding the Zhang '262 reference, please see the examiner's analysis of the Zhang '262 reference above.
Trott '907 discloses a downlight module (11, 78) for use with a recessed housing (15, 71), the recessed housing mounted in a ceiling (37, 86, figures 1 and 7), the downlight module comprising: a light emitting diode (LED) light source (38, 39, 40) comprising a first LED (plural LEDs 38) that emits a first light of a first color temperature and a second LED that emits a second light of a second color temperature such that the LED light source provides a combined output light having a color temperature between 2500 and 5000 Kelvin (see para. 141 of Trott '907 which incorporates the entire U.S. application 11/613,714 into its disclosure, U.S. application 11/613,714 is equivalent to U.S. Patent Application Publication 2007/0139920, hereafter referred to as 'Van De Van '920' which teaches mixing different colored LEDs with different color temperatures, blue, green, red, yellow, etc. to create white light, see paragraph numbers 24-26 and 133-144 of Van De Ven '920, the combined light out has a color temperature between 2500 and 500 Kelvin see paragraph numbers 25-26 and 133-136 of Van De Ven '920), a driver 39 electrically coupled to the LED light source (para. # 177).
It would have been obvious to one skilled in art before the effective filing date of applicant's invention to substitute the light source of Trott '907 for the light source of Zhang '262 in order efficiently create multiple desired light outputs based on the color and temperature of the plurality of LEDs.
Regarding claim 24, modified Zhang ‘262 teaches the downlight module of claim 23. Zhang ‘262 further teaches wherein the first torsion spring (80, 8) and second torsion spring (80, 8) are mounted to an outside of the luminaire proximate to a light emitting opening of the luminaire (see para. # 52 and figures 1-10 and 10-19 of Zhang '262 and the figures on pages 1-7 of the drawings of provisional application 60,979,068).
Regarding claim 25, modified Zhang ‘262 in view of Trott’907 teaches the downlight module of claim 23. Zhang ‘262 further teaches wherein the at least one first LED emits white light of a first color temperature and at least one second LED emits white light of a second color temperature (see Trott ‘907 and paragraph numbers 25-26 and 133-136 of Van De Ven '920).
Regarding claim 26, modified Zhang ‘262 in view of Trott’907 teaches the downlight module of claim 23. Zhang ‘262 further teaches wherein the driver (5, 9) is located inside a light fixture housing (fixture housing 9, 62 or fixture housing 36) once the downlight module is installed (see figures 1-3, 5-7, 10-11 and 13-17 of Zhang '262 and pages 1-5 and 7 of the drawings filed in provisional application 60/979,068).
Regarding claim 27, modified Zhang ‘262 in view of Trott’907 teaches the downlight module of claim 23. Zhang ‘262 further teaches a pair of mounting devices 8 coupled to the luminaire on opposing sides of the luminaire (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068), wherein the pair of mounting devices 8 are configured to hold at least a portion of the luminaire above in the ceiling and wherein the pair of mounting devices are mounted to an outside of the luminaire downlight module proximate to a light emitting opening of the luminaire (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068).
Regarding claim 28, modified Zhang ‘262 in view of Trott’907 teaches the downlight module of claim 23. Zhang ‘262 further teaches wherein the driver (driver 5, 9 of prov. App. 60,979,068) is remotely located from the downlight module (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068).
Claims 29-34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhang ‘262 in view of Trott '907.
Regarding claim 29, Zhang '262 discloses the claimed invention except for the specific teaching that the (LED) light source comprising at least one first LED that emits a first light of a first color or color temperature and at least one second LED that emits a second light of a second color or color temperature, wherein the light output light comprises the first light and second light.
Regarding the Zhang '262 reference, please see the examiner's analysis of the Zhang '262 reference above.
Trott '907 discloses a downlight module (11, 78) for use with a recessed housing (15, 71), the recessed housing mounted in a ceiling (37, 86, figures 1 and 7), the downlight module comprising: a light emitting diode (LED) light source (38, 39, 40) comprising a first LED (plural LEDs 38) that emits a first light of a first color temperature and a second LED that emits a second light of a second color temperature such that the LED light source provides a combined output light having a color temperature between 2500 and 5000 Kelvin (see para. 141 of Trott '907 which incorporates the entire U.S. application 11/613,714 into its disclosure, U.S. application 11/613,714 is equivalent to U.S. Patent Application Publication 2007/0139920, hereafter referred to as 'Van De Van '920' which teaches mixing different colored LEDs with different color temperatures, blue, green, red, yellow, etc. to create white light, see paragraph numbers 24-26 and 133-144 of Van De Ven '920, the combined light out has a color temperature between 2500 and 500 Kelvin see paragraph numbers 25-26 and 133-136 of Van De Ven '920), a driver 39 electrically coupled to the LED light source (para. # 177).
It would have been obvious to one skilled in art before the effective filing date of applicant's invention to substitute the light source of Trott '907 for the light source of Zhang '262 in order efficiently create multiple desired light outputs based on the color and/or color temperature of the plurality of LEDs.
Regarding claim 30, modified Zhang ‘262 in view of Trott ‘907 teaches the downlight module of claim 29. Zhang ‘262 further teaches wherein the at least one second LED emits light that is one of green, red, yellow, or blue (see Trott ‘907 and paragraph numbers 25-26 and 133-144 of Van De Ven '920).
Regarding claim 31, modified Zhang ‘262 in view of Trott ‘907 teaches the downlight module of claim 29. Zhang ‘262 further teaches wherein the at least one first LED emits light that is one of green, red, or blue, and the at least one second LED emits light that is white (see Trott ‘907 and paragraph numbers 25-26 and 133-144 of Van De Ven '920).
Regarding claim 32, modified Zhang ‘262 in view of Trott ‘907 teaches the downlight module of claim 29. Zhang ‘262 further teaches wherein the at least one first light is white light and the at least one second light is non-white light (see Trott ‘907 and paragraph numbers 25-26 and 133-144 of Van De Ven '920).
Regarding claim 33, modified Zhang ‘262 in view of Trott ‘907 teaches the downlight module of claim 29. Zhang ‘262 further teaches a pair of mounting devices 8 coupled to the luminaire on opposing sides of the luminaire (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068), wherein the pair of mounting devices 8 are configured to hold at least a portion of the luminaire above in the ceiling and wherein the pair of mounting devices are mounted to an outside of the luminaire downlight module proximate to a light emitting opening of the luminaire (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068).
Regarding claim 34, modified Zhang ‘262 in view of Trott ‘907 teaches the downlight module of claim 29. Zhang ‘262 further teaches wherein the driver (driver 5, 9 of prov. App. # 60,979,068) is remotely located from the downlight module (see pages 1-5 and 7 of the drawings filed in provisional application 60/979,068).
Allowable Subject Matter
Claim 19 is 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.
Conclusion
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/THOMAS M SEMBER/ Primary Examiner, Art Unit 2875