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 § 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 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.
Claims 1-3, 8-11 and 15-18 are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent Application Publication No. 2009/0154151, hereafter referred to as ‘Levine.’ Regarding claim 1, Levine teaches a canopy* light (figures 1-16) comprising a frame body assembly (1000, 2000) having a housing (1002, 1010, 1052 or 2002, 2010, 2052) with a central cavity opening 2100 (fig. 16) in an outward direction (see figures 1, 3-5, 10, 12 and 16 which shows a central opening 2100 in an outward direction located in the middle of three housing 2004); and a central lighting subassembly (1004, 2004) having a plurality of LED's (1008, 2008, see para. #’s 4 and 58) and a lens (1006, 2006) over the LED's (figures 1-5, 7-8, 10, 12-14 and 16), wherein the central lighting subassembly 2004 is attachable to the housing so as to extend over the central cavity 2100 (para. # 46 and fig. 16); wherein the central lighting subassembly 2004 is attachable to the housing in fixed engagement with the frame body assembly (para. # 46 and fig. 16) in a plurality of different orientations relative to the central cavity of the frame body assembly (see para. #’s 34-35 and 42, central lighting assembly is twisted to a plurality of different orientations relative to the central cavity along the same plane in order to change the direction of light (para. # 34).
*NOTE: The text in bold is an intended use recitation. A recitation of the intended use of the claimed 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. Since the light of Levine is capable of being used with a canopy it meets the limitation of claim 1.
Furthermore, the recitation ‘canopy’ is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Regarding claim 2, Levine teaches the canopy light of claim 1, wherein in each of the orientations, the central lighting subassembly remains in the same plane (see para. #’s 34-35 and 42, central lighting assembly is twisted to a plurality of different orientations relative to the central cavity along the same plane in order to change the direction of light emitted from the LEDs (para. # 34).
Regarding claim 3, Levine teaches the canopy light of claim 1 wherein the direction of the light emitted from the LED's is different in at least two of the plurality of different orientations (see para. #’s 34-35 and 42, central lighting assembly is twisted to a plurality of different orientations relative to the central cavity along the same plane in order to change the direction of light emitted from the LEDs (para. # 34).
Regarding claim 8, Levine teaches the canopy light of claim 1 wherein: the housing includes a plurality of surrounding cavities (central cavity 2100, see fig. 16 includes left and right cavities 2100, see figures 10, 12-14 and 16) extending between an outer perimeter of the housing and the central cavity (see figures 10, 12-14 and 16); and a surrounding lighting subassembly 2004 for each of the plurality of surrounding cavities (see figures 10, 12-14 and 16).
Regarding claim 9, Levine teaches the canopy light of claim 8 wherein the housing further includes a communication passageway between the central cavity and each of the plurality of surrounding cavities (see passageway in housing for wiring to electrically communicate with lighting subassemblies in para. #’s 39, 46 and 53).
Regarding claim 10, Levine teaches the canopy light of claim 8 wherein each of the surrounding lighting subassemblies include a plurality of LED's 2008 and a lens 2006 extending thereover (see figures 10-14 and 16).
Regarding claim 11, Levine teaches the canopy light of claim 1 further comprising a power supply 2050 positionable within the central cavity of the housing (see figures 10-12).
Regarding claim 15, Levine teaches the canopy light of claim 1 wherein the housing includes a plurality of bores 1070 extending therethrough for attachment of the housing (fig. 9) to an outside structure (cabinet or wall structure, see para. #’s 33 and 41-42), the plurality of bores spaced apart from the central cavity so as to be isolated therefrom (see fig. 9).
Regarding claim 16, Levine teaches the canopy light of claim 1 wherein the central lighting subassembly 2004 includes a base 2080 and a lens 2006 covering the base (figures 10-14 and 16), with a plurality of LED's 2008 sandwiched therebetween, defining a unitary member (figures 10-14).
Regarding claim 17, Levine teaches a method of altering a light of the canopy light of claim 1, wherein the canopy light is attached to an outside structure (cabinet or wall structure, see para. #’s 33 and 41-42, fig. 9), the method comprising the steps of: detaching the central lighting subassembly from the housing (para. # 46); rotating the central lighting subassembly in an incremental rotation (para. #’s 35 and 42); and attaching the central lighting subassembly to the housing (para. # 46).
Regarding claim 18, Levine teaches the method of claim 17 wherein the central lighting subassembly 2004 is configured for attachment to the housing in at least two different configurations (para. #’s 34-35 and 42), such that light from the central lighting subassembly is directed in a different direction in each of the two different configurations (para. # 34-35 and 42).
Allowable Subject Matter
Claims 4-7 and 12-14 are 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.
Claims 19-20 allowed.
REASONS FOR ALLOWANCE
Independent claim 19 claims among other things “ ………………. at least one additional central lighting subassembly, the at least one central lighting subassembly having a second lens, which is different than the lens of the central lighting subassembly, wherein the central lighting subassembly is replaceable with the at least one additional central lighting subassembly.” which is not taught or fairly suggested by the prior art of record. Claim 20 depends on independent claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Libin, Stauner, Ladewig and Marka disclose lighting devices which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875