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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/17/2025 has been entered.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-7, 9, 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rea et al. (US. Pub: 2013/0134880 A1~ hereinafter “Rea”) of record in view of DE 202014103438 U1~hereinafter “DE” of record.
Regarding claim 1, Rea discloses (in at least figs. 1-16) a lighting apparatus comprising: a plurality of housings comprising a first housing (30) having a first wall (i.e. the side wall facing 60; see fig. 2) and a second housing (54) having a second wall (60), wherein said first wall faces said second wall (see at least fig. 2); at least one lighting unit (32) being provided to the first housing (30); and a spacing means (20) configured for arranging said first wall at a distance (112; see fig. 4) of said second wall (60) such that an air flow channel is defined between the first wall and the second wall (see at least fig. 2), a minimum distance between the first wall and the second wall being at most 3 cm, and being at least 0.5 mm ([0112]; i.e. approximately 10 mm), said air flow channel extending in an upward direction between an air entrance and an air exit (see at least figs. 2-4), wherein said first wall and said second wall are made of a thermally conductive material ([0105]-0106]).
Rea does not expressly disclose the air flow channel is configured as an air cooling element for cooling the first housing and the second housing; and wherein the first housing has a substantially triangular cross-section and the second housing has a substantially lozenge cross-section, and the second housing is oriented such as to have a corner pointing upward and the first housing is oriented such as to have a corner pointing upward.
DE in the same field of endeavor discloses (in at least figs. 1-3) an air flow channel (7, 40) that is configured as an air cooling element for cooling the first housing (30) and the second housing (20; see figs. 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lighting apparatus of Rea with the teaching of DE for the benefit of cooling both the first housing and the second housing.
As noted, DE does not expressly disclo the first housing has a substantially triangular cross-section and the second housing has a substantially lozenge cross-section, and the second housing is oriented such as to have a corner pointing upward and the first housing is oriented such as to have a corner pointing upward.
However, both Rea and DE disclose (in at least fig. 2 Rea; at least figs. 1-3 DE) a rectangular first housing and a rectangular second housing.
Applicant has not disclosed that the recited shapes are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical , and it appears prima facie that the process would possess utility using the housing shapes of both Rea and DE. Indeed, it has been held that mere housing shape limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce unexpected result, or are otherwise critical.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the first housing of both Rea and DE with a substantially triangular cross-section and the second housing has a substantially lozenge cross-section, and the second housing is oriented such as to have a corner pointing upward and the first housing is oriented such as to have a corner pointing upward, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Note: One of ordinary skill in the art would understand that ambient air flows in the channel between the first and second housings of Rea. However, the Examiner uses the reference of DE to show the air flow movement in the channel.
Regarding claim 2, Rea discloses (in at least figs. 1-16) the second housing (54) accommodates a driving means (50) configured for driving the at least one lighting unit (32).
Regarding claim 3, Rea discloses (in at least figs. 1-16) the first wall (i.e. the side wall facing 60; see fig. 2) and the second wall (60) are arranged to face each other over an area, A, a length L and a width W (see at least fig. 2), but is silent about the area A is larger than 300 cm.sup.2, and/or wherein the air flow channel has a length, l, and a width, w, perpendicular to the length, said width extending in a flow direction of the air flow channel, said length being longer than said width, wherein preferably said length is between 20 cm and 120 cm, and wherein preferably said width is between 5 cm and 30 cm.
One of ordinary skill in the art would have been led to the recited area, length and width through routine experimentation. Applicant has not disclosed that the recited area, length and width is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using the wall area, length and width of Rea.
Regarding claims 5 and 6, Rea discloses all the claimed limitations except for the distance between the first wall and the second wall increases in a first section when looking in a downstream direction from the air entrance to the air exit, such that a Venturi effect is created; and the distance between the first wall and the second wall decreases in a second section when looking in the downstream direction, said second section being upstream of the first section.
However, Rea discloses (in at least figs. 1-16) the distance (112) between the first wall and the second wall (60) is approximately 10 mm ([0112]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lighting apparatus of Rea such that the distance between the first wall and the second wall increases in a first section when looking in a downstream direction from the air entrance to the air exit in order to create a venturi effect. Kang et al. (US. Pub: 2015/0345773 A1) of record disclose (in at least fig. 5) a distance between the first wall and the second wall increases in a first section when looking in a downstream direction from the air entrance to the air exit, such that a Venturi effect is created, and wherein the distance between the first wall and the second wall decreases in a second section when looking in the downstream direction, said second section being upstream of the first section.
Regarding claim 7, Rea does not expressly disclose a portion of the first wall and/or a portion of the second wall has a convex outer surface as seen in a cross-section along the flow direction, and wherein the portion of the first wall preferably has a convex outer surface arranged symmetrically with respect to the portion of the second wall having a convex outer surface as seen in a section along the flow direction.
However, it is well-known in the art to form a lighting apparatus comprised of, in part, a portion of the first wall and/or a portion of the second wall has a convex outer surface as seen in a cross-section along the flow direction, and wherein the portion of the first wall preferably has a convex outer surface arranged symmetrically with respect to the portion of the second wall having a convex outer surface as seen in a section along the flow direction as evident by Kang et al. (US. Pub: 2015/0345773 A1) of record at least fig. 5.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lighting apparatus of Rea with the teachings of Kang et al. in order to obtain the desired design.
Regarding claim 9, DE discloses (in at least figs. 1-3) each of the first housing (4) and the second housing (2) comprises an elongate profile with a length direction extending preferably perpendicular to the flow direction in the air flow channel in a plane substantially parallel to the first wall (see at least figs. 1-3) and/or the second wall, and wherein the first wall and the second wall are preferably an elongate first side wall of the first housing and an elongate second side wall of the second housing, respectively (see at least figs. 1-3).
Regarding claim 11, Rea as modified by DE does not expressly disclose each of the first housing and the second housing comprises an extruded profile, and wherein each of the first housing and the second housing preferably comprises at least one extruded profile having a similar shape.
However, it is well-known in the art to form housings comprises an extruded profile, and wherein each of the first housing and the second housing preferably comprises at least one extruded profile having a similar shape as evident by Dekker et al. (NL: 2033161 B1~ hereinafter “Dekker”) of record at least fig. 3, which discloses each of the first housing (3a) and the second housing (3b) comprises an extruded profile (i.e. the lighting housings each comprises a preferably extruded aluminum profile. After all, extrusion is ideally suited for making elongated products), and wherein each of the first housing and the second housing preferably comprises at least one extruded profile having a similar shape (see at least fig. 3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the housings of Rea as modified by DE with the housings teaching of Dekker, since it has been held that simple substitution of one known element for another to obtain predictable results is obvious.
Regarding claim 13, Rea discloses all the claimed limitations except for the first housing has a substantially triangular cross-section and the second housings has a substantially lozenge cross-section, and the second housing is oriented such as to have a corner pointing upward and the first housing is oriented such as to have a corner pointing upward.
However, Rea discloses (in at least figs. 1-16) the lighting apparatus comprised of, in part, a first housing (30) and a second housing (54).
One of ordinary skill in the art would have been led to the recited housing shapes and arrangement through design choice. Applicant has not disclosed that the recited shapes are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using the housing shapes and arrangement of Rea. Indeed, it has been held that mere housing shapes and arrangement limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical.
Regarding claim 14, Rea discloses (in at least figs. 1-16) the spacing means (20) comprises an end plate (see at least figs. 2-4), wherein the end plate is configured for being fixed to an end of the first housing (30) and an end of the second housing (54), and, optionally, wherein the end plate comprises at least one passage configured for receiving an electrical power cabling.
Regarding claim 15, Rea as modified by DE discloses (in at least figs. 1-16 Rea) the spacing means (20) comprises an end plate, but is silent about the end plate is configured for being fixed to an end of the first housing and an end of the second housing, and wherein the end plate closes an end of the first housing and an end of the second housing.
However, it is well-known in the art to form a lighting apparatus comprised of, in part, an end plate that is configured for being fixed to an end of the first housing and an end of the second housing, and wherein the end plate closes an end of the first housing and an end of the second housing as evident by McCanless (US. Pub: 2020/0278090 A1) of record which discloses (in at least figs. 6-12) an end plate (104) closes an end of the first housing (139) and an end of the second housing (139 adjacent to the first housing) and that the end plate (104).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lighting apparatus of Rea with the end plate of McCanless in order to fix the end of the first housing and the end of the second housing.
Claim(s) 17-18, 20-22, 24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rea et al. (US. Pub: 2013/0134880 A1~hereinafter “Rea”) of record in view of DE 202014103438 U1~hereinafter “DE” and further in view of McCanless (US. Pub: 2020/0278090 A1) of record.
Regarding claim 17, Rea as modified by DE discloses all the claimed limitations except for a third housing comprising a third wall; the second housing comprising another second wall, said another second wall facing the third wall; and at least one electronic component, preferably another lighting unit, being provided to the third housing, wherein the spacing means is further configured for arranging said another second wall at a distance of the third wall such that another air flow channel is defined between the another second wall and the third wall, a minimum distance between the another second wall and the third wall being at most 3 cm, and being larger than 0.5 mm, said another air flow channel extending in an upward direction between an air entrance and an air exit, and wherein said another second and said third wall are made of a thermally conductive material.
McCanless discloses (in at least fig. 12) a third housing (see fig. 12) comprising a third wall (see fig. 12); the second housing (see fig. 12) comprising another second wall (see fig. 12), said another second wall facing the third wall (see fig. 12); and at least one electronic component ([0035]), preferably another lighting unit, being provided to the third housing (see fig. 12), wherein the spacing means (104) is further configured for arranging said another second wall at a distance of the third wall such that another air flow channel is defined between the another second wall and the third wall (see at least fig. 12), said another air flow channel extending in an upward direction between an air entrance and an air exit (fig. 12), and wherein said another second and said third wall are made of a thermally conductive material (implicitly; see fig. 12), but is silent about a minimum distance between the another second wall and the third wall being at most 3 cm, and being larger than 0.5 mm.
However, as noted Rea discloses (in at least figs. 1-16) a minimum distance between the first wall and the second wall being at most 3 cm, preferably at most 1 cm, more preferably at most 5 mm, and being at least 0.5 mm, preferably larger than 1 mm ([0112]; i.e. approximately 10 mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the minimum distance between the another second wall and the third wall being at most 3 cm, preferably at most 1 cm, more preferably at most 5 mm, and being larger than 0.5 mm, preferably larger than 1 mm through routine experimentation.
Regarding claim 18, McCanless discloses (in at least fig. 12) each of the first housing (see fig. 12), the second housing (see fig. 12), and the third housing (see fig. 12) comprises an elongate profile with a length direction extending preferably perpendicular to the flow direction in the air flow channel in a plane substantially parallel to the first wall (see fig. 12), the second wall (see fig. 12), the another second wall (see fig. 12), and/or the third wall (see fig. 12), and wherein the first wall, the second wall, the another second wall (see fig. 12), and the third wall are preferably an elongate first side wall of the first housing (see fig. 12), a first elongate second side wall and a second elongate second side wall of the second housing, and an elongate first side wall of the third housing, respectively (see fig. 12).
Regarding claim 20, Rea as modified by DE and McCanless does not expressly disclose the first housing and the third housing are arranged along a first arrangement level, and the second housing is arranged along a second arrangement level above the first arrangement level as seen in a plane perpendicular to the length direction.
However, McCanless discloses (in at least fig. 12) the lighting apparatus comprised of, in part, a first housing, a second housing and a third housing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the housings of McCanless such that the first housing and the third housing are arranged along a first arrangement level, and the second housing is arranged along a second arrangement level above the first arrangement level as seen in a plane perpendicular to the length direction, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 21, Rea as modified by DE and McCanless discloses (in at least figs. 1-12 both refs) the second housing (58) accommodates a driving means (50) configured for driving the at least one lighting unit (38), and wherein the at least one lighting unit comprises a first lighting unit provided to the first housing and a second lighting unit provided to the third housing (see fig. 12 McCanless).
Regarding claim 22, Rea as modified by DE and McCanless discloses (in at least fig.12 McCanless) the plurality of housings comprises at least five housings arranged to define at least four air flow channels, or even seven housings arranged to define at least six air flow channels (see fig. 12).
Regarding claim 24, Rea as modified by DE and McCanless discloses (in at least figs.1-12; [0035] McCanless) the at least one lighting unit is an LED lighting unit ([0035]), and optionally, wherein the first housing comprises a transparent or translucent lower cover, and wherein the LED lighting unit is arranged within the first housing to face the transparent or translucent lower cover.
Regarding claim 26, Rea as modified by DE and McCanless discloses (in at least figs. 1-12 Rea and MC refs) the at least one lighting unit is provided with a thermal dissipation means within the first housing.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rea et al. (US. Pub: 2013/0134880 A1~hereinafter “Rea”) of record in view of McCanless (US. Pub: 2020/0278090 A1) of record and further in view of DE 202014103438 U1~hereinafter “DE” of record.
Regarding claim 30, Rea discloses (in at least figs. 1-16) a lighting apparatus comprising: a plurality of housings comprising a first housing (30) having a first wall (i.e. the side wall facing 60; see fig. 2), a second housing (54) having a second wall (60); at least one lighting unit (32) being provided to the first housing (30); and a spacing means (20) configured for arranging said first wall at a distance (112) of said second wall (60) such that an air flow channel is defined between the first wall and the second wall (see at least fig. 2), a minimum distance between the first wall and the second wall being at most 3cm, and being at least 0.5mm ([0112]; i.e. approximately 10 mm), said air flow channel extending in an upward direction between an air entrance and an air exit (see at least figs. 2-4), wherein said first wall, said second wall, said another second wall are made of a thermally conductive material ([0105]-[0106]).
Rea does not expressly disclose and another second wall, a third housing comprising a third wall, wherein said first wall faces said second wall and said another second wall faces the third wall; at least one electronic component, preferably another lighting unit, being provided to the third housing; wherein the spacing means is further configured for arranging said another second wall at a distance of the third wall such that another air flow channel is defined between the another wall and the third wall, a minimum distance between the another second wall and the third wall being at most 3cm, and being larger than 0.5mm, said another air flow channel extending in an upward direction between an air entrance and an air exit, wherein the air flow channel and the another air flow channel are configured as air cooling elements for cooling the first housing and the second housing, and for cooling the second housing and the third housing, respectively, wherein each of the first housing, the second housing, and the third housing comprises an elongate profile with a length direction extending preferably perpendicular to the flow direction in the air flow channel in a plane substantially parallel to the first wall, the second wall, the another second wall, and/or the third wall, and wherein the first housing and the third housing are arranged along a first arrangement level, and the second housing is arranged along a second arrangement level above the first arrangement level as seen in a plane perpendicular to the length direction.
McCanless in the same field of a lighting apparatus discloses (in at least fig. 12), a first housing, a second housing and a third housing (see fig. 12), wherein the third housing comprising another second wall (see fig. 12) and said another second wall faces the third wall (see fig. 12); at least one electronic component ([0035]), preferably another lighting unit, being provided to the third housing (see fig. 12); wherein the spacing means (104) is further configured for arranging said another second wall at a distance of the third wall such that another air flow channel is defined between the another wall and the third wall (see fig. 12), wherein each of the first housing (see fig. 12), the second housing (see fig. 12), and the third housing (see fig. 4) comprises an elongate profile with a length direction extending preferably perpendicular to the flow direction in the air flow channel in a plane substantially parallel to the first wall, the second wall, the another second wall, and/or the third wall (see at least fig. 12), and wherein the first housing and the third housing are arranged along a first arrangement level, and the second housing is arranged along a second arrangement level above the first arrangement level as seen in a plane perpendicular to the length direction (see fig. 12).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the lighting apparatus device of Rea with the teachings of McCanless, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
McCanless does not expressly disclose the air flow channel is configured as air cooling elements for cooling the first housing and the second housing, and for cooling the second housing and the third housing, respectively, and said another air flow channel extending in an upward direction between an air entrance and an air exit.
DE in the same field of lighting apparatus discloses (in at least figs. 1-3) a first housing (30) and a second housing (20), and an air flow channel (7, 40) is configured as air cooling elements for cooling the first housing and the second housing (see at least figs. 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the lighting apparatus of Rea as modified by McCanless with the air flow channel of DE, wherein another air flow channel extending in an upward direction between an air entrance and an air exit for the benefit of cooling the housings of Rea as modified by McCanless.
DE does not expressly disclose a minimum distance between the another second wall and the third wall being at most 3cm, and being larger than 0.5mm.
However, as noted Rea discloses (in at least figs. 1-16) a minimum distance between the first wall and the second wall being at most 3 cm, preferably at most 1 cm, more preferably at most 5 mm, and being at least 0.5 mm, preferably larger than 1 mm ([0112]; i.e. approximately 10 mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the minimum distance between the another second wall and the third wall being at most 3 cm, preferably at most 1 cm, more preferably at most 5 mm, and being larger than 0.5 mm, preferably larger than 1 mm through routine experimentation.
Response to Arguments
Applicant's arguments filed 08/22/2025 have been fully considered but they are not persuasive. The Applicant argues that the cited prior art especially DE discloses “a horizontally oriented air gap for cooling, while the amended claim 1 includes claim features that result in an oblique air flow channel.”
In response to that argument, the Examiner agrees that DE discloses “a horizontally oriented air gap for cooling.” However, one of ordinary skill in the art would have found it obvious to arrange the housings of both Rea and DE in a suitable manner in order to obtain the desired goal. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art.
The Applicant further argues the criticality for the specific housing shapes can be found on Page 7, line 32-Page 8, line 10 of original specification.
In response to that argument, the Examiner respectfully disagrees. It appears that the cited pages and lines are more about a V-shaped profile which is well-known in the art, and NOT about a specific shape of each housing. For instance, Yang (CN: 104848163 A) discloses (in at least figs. 4 and 5) a lighting fixture with a V-shape profile. Accordingly, one of ordinary skill in the art would have found it obvious at the time of the invention to use the V-shape profile housing of Yang in place of rectangular shape housings of both Rea and DE in order to achieve the intended purpose. Furthermore, it has been held that simple substitution of one known shape for another to obtain predictable results is obvious. Therefore, the argument is not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/Primary Examiner, Art Unit 2875