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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 2/23/24 and 5/14/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hierzer, US 2018/0172257.
Regarding the claimed invention being “[intended use recitation]” as recited in the preamble of claim 18, the applicant is advised that a recitation of the intended use of an invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967) and In re Otto, 312 F.2d 937, 939, 136 USPQ 458, 459 (CCPA 1963). In this case, the patented structure of Hierzer is considered capable of performing the cited intended use as set forth below.
Regarding claim 18, Hierzer teaches (at least in Figures 1 and 3) a kit for use in a lighting device, wherein the kit comprises a first and a second connector unit (4, see Figure 1) and the connector units are designed such that at least one of the connector units can be inserted into a first area of a rail profile and can be electrically contacted with the electrical conductor means of the first area ([0094] and Figure 3); at least the other of the connector units can be inserted into a second area of a rail profile and can be electrically contacted with the electrical conductor means of the second area (id); and the connector units can be electrically coupled to each other through at least one bracket for the electrical coupling of the electrical conductor means of the first and second areas (Abstract and [0129]).
Allowable Subject Matter
Claims 1-17 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach or suggest the combined limitations of the independent claim. Specifically, the prior art fails to teach or suggest a lighting device comprising a rail profile having a first and second area separated by a web of the rail profile and wherein at least one channel is provided in the web and wherein first and second connector units are electrically coupled to each other through the at least one channel for electrical coupling of the electrical conductor means of the first and second areas.
The closest prior art, Hierzer, US 2022/0307676 teaches a rail profile lighting system comprising a first space and the first space having electrical conductor means and further comprising a connector unit. However, Hierzer fails to teach a second space in the rail profile or a web of the profile having a channel for connecting a first and second connector unit.
Another prior art, Hierzer, US 2022/0307662 similarly teaches a rail profile system comprising a first space and a connector unit provided in the space, but fails to teach a second space and a web comprising a channel separating the first and second spaces. Therefore, in view of the teaching of the prior art, it would not have been obvious for one of ordinary skill in the art at the time of filing to arrive at the presently claimed device.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schultz et al., US 10801709 teaches a rail profile lighting system comprising a first and second space connected by a joiner bracket. Schultz fails to teach the joiner bracket is a web of the rail profile having a channel for connecting a first and second connector unit in order to connect the electrical conduction means of the first and second areas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY-ELLEN BOWMAN whose telephone number is (571)270-5383. The examiner can normally be reached Monday-Thursday; 7:00 am-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARY ELLEN BOWMAN
Examiner
Art Unit 2875
/MARY ELLEN BOWMAN/Primary Examiner, Art Unit 2875