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 .
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Chen (US 2009/0073681 A1) in view of Choi et al. (US 2010/0277906 A1) and Ringbom et al. (US 2013/0283683 A1).
Regarding claim 1, Chen teaches a lighting element for horticultural lighting comprising:
a body (10) for housing one or more lighting units (31,32,33,34; figure 5);
wherein the body comprises one or more lighting segments (21), and each of the one or more lighting segments comprises the one or more lighting units (31, 32, 33, 34; figure 5);
wherein the one or more lighting segments (21) are arranged vertically from top to bottom to form an outwardly bent surface of the body (see figure 5 where light panels 21 comprise lighting units 32 and 33 are higher (top) than light panels comprising light emitting units 34 and 35 (bottom));
wherein the one or more lighting units (31, 32, 33, 34; figure 5) disposed on each of the lighting segments and wherein the one or more lighting segments are pre-configured to provide light beams at various angles as a function of the different angled planes (see figure 5) to distribute light across the height of an illuminated object (considering in Fig. 5 that units 32/33 are higher than 34/35, it would be obvious to distribute light across the height of an illuminated object).
Chen does not explicitly teach comprising one or more corresponding lens for directing beams of light.
Choi et al. teaches lighting segment (Fig. 5, 71, 72, 73) comprising light source modules (50) comprising corresponding lens (Fig. 6, 55; paragraph [0035]) for directing beams of light (see figure 5).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Chen modified by Choi et al. does not explicitly teach wherein the one or more lighting segments are configured at various angles as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage, plant/light recipes and plant position tracking of various sensors and cameras.
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Ringbom et al. teaches wherein the one or more lighting segments are configured at various angles (see lighting 3 and 4 in at least figure 1 where the light emits at various angles) as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage (see abstract of Ringbom et al. where the emission patten is in accordance with the growth cycle of plants is disclosed), plant/light recipes and plant position tracking of various sensors and cameras.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to include one or more lighting segments configured at various angles as a function of vegetation subjected to the beams of light as taught by Ringbom et al. as an alternative design choice to achieve a desired emission pattern in accordance with the growth cycle of the plants to maximize incident flux on the plants (see abstract of Ringbom et al.).
Further, Chen modified by Choi et al. does not explicitly teach the lighting element is for horticultural lighting. However, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Regarding claim 2, Chen teaches a lighting system for horticultural lighting comprising:
a body (10) for housing one or more lighting units (31,32,33,34; figure 5);
wherein the body (10) comprises one or more lighting zones (21; figure 5) and each of the lighting zones comprises the one or more lighting units (31, 32, 33, 34; figure 5);
wherein the one or more lighting zones (21) are arranged vertically from top to bottom to form an outwardly bent surface of the body (see figure 5 where light panels 21 comprise lighting units 32 and 33 are higher (top) than light panels comprising light emitting units 34 and 35 (bottom));
wherein the one or more lighting units (20; figures 2, 3, 6 and 7) disposed on each of the one or more lighting zones; and wherein the one or more lighting zones are pre-configured at various angles as a function of the different angled planes (see at least figure 5).
Chen does not explicitly teach comprising one or more corresponding lens for directing beams of light.
Choi et al. teaches lighting segment (Fig. 5, 71, 72, 73) comprising light source modules (50) comprising corresponding lens (Fig. 6, 55; paragraph [0035]) for directing beams of light (see figure 5).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Further, Chen modified by Choi et al. does not explicitly teach the lighting element is for horticultural lighting. However, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Chen modified by Choi et al. does not explicitly teach wherein the one or more lighting zones are configured at various angles as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage, plant/light recipes and plant position tracking of various sensors and cameras.
Ringbom et al. (US 2013/0283683 A1) teaches wherein the one or more lighting zones are configured at various angles (see lighting 3 and 4 in at least figure 1 where the light emits at various angles) as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage (see abstract of Ringbom et al. where the emission patten is in accordance with the growth cycle of plants is disclosed), plant/light recipes and plant position tracking of various sensors and cameras.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to include one or more lighting zones configured at various angles as a function of vegetation subjected to the beams of light as taught by Ringbom et al. as an alternative design choice to achieve a desired emission pattern in accordance with the growth cycle of the plants to maximize incident flux on the plants (see abstract of Ringbom et al.).
Regarding claim 3, Chen teaches a lighting apparatus for horticultural lighting comprising:
a body (10) for housing one or more lighting units (see figure 5);
wherein the body (10) comprises one or more lighting panels (21) and each of the lighting panels (21) comprises the one or more horticulture lighting units (32,33,34,35; see figure 5);
wherein the one or more lighting panel (21; see figure 5) are arranged vertically from top to bottom to form an outwardly bent surface of the body (see figure 5 where light panels 21 comprise lighting units 32 and 33 are higher (top) than light panels comprising light emitting units 34 and 35 (bottom));
wherein the one or more lighting units (32,33,34,35; see figure 5) disposed on each of the one or more lighting panels (21; see figure 5);
wherein the one or more lighting panels (21; figure 5) are configured at various angles as a function of the different angled planes (see at least figures 2 and 3); and
Chen does not explicitly teach comprising one or more corresponding lens for directing beams of light and the lens on the one or more lighting units of each of the one or more lighting panels are pre-arranged as a function of the different angled planes to distribute light across the height of an illuminated object.
Choi et al. teaches lighting panels (71, 72, 73) comprising light source modules (50) comprising corresponding lens (55; paragraph [0035]) for directing beams of light (see figure 5) and the lens on the one or more lighting units (light modules 50; figure 5) on lighting panels (71,72 and 73) are prearranged as a function of the different angled planes (see figure 5 where light modules 50 are positioned and distribute light) to distribute light across the height of an illuminated object (considering in Fig. 5 that units 50 on a top/slanted surface are higher than unit 50 on a bottom/middle portion of 70, it would be obvious to distribute light across the height of an illuminated object).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Chen modified by Choi et al. does not explicitly teach wherein the one or more lighting panels are configured at various angles as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage, plant/light recipes and plant position tracking of various sensors and cameras.
Ringbom et al. teaches wherein the one or more lighting panels are configured at various angles (see lighting 3 and 4 in at least figure 1 where the light emits at various angles) as a function of vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage (see abstract of Ringbom et al. where the emission patten is in accordance with the growth cycle of plants is disclosed), plant/light recipes and plant position tracking of various sensors and cameras.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to include one or more lighting zones configured at various angles as a function of vegetation subjected to the beams of light as taught by Ringbom et al. as an alternative design choice to achieve a desired emission pattern in accordance with the growth cycle of the plants to maximize incident flux on the plants (see abstract of Ringbom et al.).
Regarding claim 4, Chen modified by Choi et al. and Ringbom et al. teaches the lighting element for horticultural lighting of claim 1, and Choi et al. further teaches the one or more corresponding lens (51 and 55 combined; figures 5 and 8; paragraph [0035]) of each of the one or more lighting segments (71,72,73; figure 5 and 8) are configured to provide different beam light angles (see figure 5 where each segment provides a different beam angle).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Regarding claim 5, Chen further teaches the lighting element for horticultural lighting of claim 4, wherein the beam light angles of each of the one or more lighting segments (21; figure 5) descend from top to bottom of the different angled planes (see figure 5 where light panels 21 on a left and right side comprising lighting unites 32 and 33 are higher than light panels comprising light emitting units 34 and 35).
Regarding claim 6, Chen modified by Choi et al. and Ringbom et al. teaches the lighting system for horticultural lighting of claim 2, and Choi et al. further teaches the one or more corresponding lens ((51 and 55 combined; figures 5 and 8; paragraph [0035])) of each of the one or more lighting zones (71,72,73; figure 5 and 8) are configured to provide different beam light angles (see figure 5 where each segment provides a different beam angle).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Regarding claim 7, Chen further teaches the lighting system for horticultural lighting of claim 6, wherein the beam light angles of each of the one or more lighting zones descend from top to bottom of the different angled planes (see figure 5 where light panels 21 on a left and right side comprising lighting unites 32 and 33 are higher than light panels comprising light emitting units 34 and 35).
Regarding claim 8, Chen modified by Choi et al. and Ringbom et al. teaches the lighting apparatus for horticultural lighting of claim 3, and Choi et al. further teaches the one or more corresponding lens (51 and 55 combined; figures 5 and 8; paragraph [0035]) of each of the one or more lighting panels (71,72,73; figure 5 and 8) are configured to provide different beam light angles (see figure 5 where each segment provides a different beam angle).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify Chen to have the light source include a lens as taught by Choi et al. to diffuse light from the LED device and control the irradiation angle of the light emitting from the LED module 50 to achieve a desired illumination output (see paragraph [0035] of Chen).
Regarding claim 9, Chen further teaches the lighting apparatus for horticultural lighting of claim 8, wherein the beam light angles of each of the one or more lighting panels (21; see figure 5) descend from top to bottom of the different angled planes (see figure 5 where light panels 21 on a left and right side comprising lighting unites 32 and 33 are higher than light panels comprising light emitting units 34 and 35)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection necessitated by applicant’s amendment of independent claims 1, 2 and 3. Applicant amended claims 1, 2 and 3 to include the limitation, “vegetation subjected to the beams of light based on one or more characteristics of the vegetation subjected to the beams of light, including canopy height, plant distribution, or growth stage, plant/ light recipes and plant position tracking of various sensors and cameras;”. A new reference, Ringbom et al., teaches the newly recited limitation of claims 1-3. See rejection above.
Claims 4-9 are rejected based on dependency on a rejected base claim.
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 JESSICA MCMILLAN APENTENG whose telephone number is (571)272-5510. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
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/JESSICA M APENTENG/ Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/ Supervisory Patent Examiner, Art Unit 2875