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 .
Remarks
The Office has cited particular columns, line numbers, paragraph numbers, references, or figures in the references applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP § 2141.02 and § 2123.
Claim Objections
Claims 1, 14, and 15 are objected to because of the following informalities:
Claim 1, line 10, “the preferred operating instructions” appears to be “the preferred operation instructions”.
Claim 14, line 1, “the set of operation instructions” appears to be “the preferred operation instructions”.
Claim 15, line 1, “the set of operations instructions” appears to be “the preferred operation instructions”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4, and 10-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 4 recite the limitation “the endpoint” in line 1. There is insufficient antecedent basis for this limitation in the claims.
Claim 10 recites the limitation “the preferred operating instructions” in line 8. There is insufficient antecedent basis for this limitation in the claim. Claims 11-18 are rejected based on their dependency on claim 10.
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(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robinson (WO 2007/095740 A1, hereinafter referred to as Robinson).
Regarding claim 1, Robinson discloses a method for lighting system (Figs. 3, 4) operation, comprising:
connecting to a local external wireless network (para 0028-0029) using a set of wireless credentials (e.g. IEEE 802.11 protocol and Bluetooth use credentials like SSID, PINs and/or passwords for secure communication during initial connection) stored onboard the lighting system;
receiving information within range of the local external wireless network (“the lighting system comprises a plurality of wirelessly interconnected light sources, thereby allowing the remote detection unit 210 to control lights sources 110, 111, and 112 via a wireless communication network”, para 0028; “communication 400 between the remote detection unit 220 and each of the light sources 120, 121, and 122 can be provided by wireless communication, for example RF wireless, infrared, based on IEEE 802.11 protocol, Bluetooth or other wireless communication”, para 0029);
when the information comprises preferred operation instructions, operating a set of light emitting elements according to the preferred operation instructions (“The light source is configured to emit light in order to generate a desired level of illumination”, para 0031; “each light source can be overridden and configured to custom settings”, para 0039); and
when the information is not addressed to the lighting system, resetting the lighting system for operation of the set of light emitting elements according to default operation instructions different from the preferred operating instructions (“the default settings of each light source can be overridden and configured to custom settings without permanently loosing the factory settings, thereby providing a means for resetting the light source to original factory settings, if desired”, para 0039).
Regarding claim 2, Robinson discloses the method of Claim 1, wherein the local external wireless network comprises Wi-Fi (“IEEE 802.11 protocol”, paragraphs 0028, 0029).
Regarding claim 3, Robinson discloses the method of Claim 1, wherein the endpoint comprises an independent wireless network of a different lighting system (intended, see different lighting systems, paragraphs 0030-0040).
Regarding claim 4, Robinson discloses the method of Claim 1, wherein the endpoint comprises a central router (510, Fig. 3; para 0028).
Regarding claim 5, Robinson discloses the method of Claim 1, wherein the information is received over the local external wireless network from a remote device (210, Fig. 3).
Regarding claim 6, Robinson discloses the method of Claim 5, wherein the remote device comprises a mobile device (210, 220, Figs. 3, 4; paragraphs 0028, 0029).
Regarding claim 7, Robinson discloses the method of Claim 5, wherein the lighting system comprises the set of light emitting elements (110, 111, 112, Fig. 3; 120, 121, 122, fig. 4; “a light source comprises one or more light emitting elements”, para 0030).
Regarding claim 8, Robinson discloses the method of Claim 1, wherein the information is received over the local external wireless network from a different lighting system (intended, see different lighting systems, paragraphs 0030-0040).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,985,749 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the present application presents claims that are broader versions of the patented claims.
The applicant omitted the limitations, “generating an independent wireless network within range of a local external wireless network” in claim 1, and “configured to generate an independent wireless network” in claim 10, which would make the scope of the instant application to be broader than that of Patent No. 11,985,749 B2.
18/635,449 (Instant Application)
Patent No.: US 11,985,749
Claim 1:
A method for lighting system operation, comprising:
connecting to a local external wireless network using a set of wireless credentials stored onboard the lighting system; receiving information within range of the local external wireless network; when the information comprises preferred operation instructions, operating a set of light emitting elements according to the preferred operation instructions; and when the information is not addressed to the lighting system, resetting the lighting system for operation of the set of light emitting elements according to default operation instructions different from the preferred operating instructions.
Claim 1:
A method for lighting system operation, comprising: generating an independent wireless network within range of a local external wireless network;
connecting to the local external wireless network using a set of wireless credentials stored onboard the lighting system; receiving information over the independent wireless network; when the information comprises preferred operation instructions, operating a set of light emitting elements according to the preferred operation instructions; and when the information is not addressed to the lighting system, resetting the lighting system for operation of the set of light emitting elements according to default operation instructions different from the preferred operation instructions.
Claim 2:
The method of Claim 1, wherein the local external wireless network comprises Wi-Fi.
Claim 3:
The method of Claim 1, wherein the endpoint comprises an independent wireless network of a different lighting system.
Claim 4:
The method of Claim 1, wherein the endpoint comprises a central router.
Claim 5:
The method of Claim 1, wherein the information is received over the local external wireless network from a remote device.
Claim 6:
The method of Claim 5, wherein the remote device comprises a mobile device.
Claim 7:
The method of Claim 5, wherein the lighting system comprises the set of light emitting elements.
Claim 8:
The method of Claim 1, wherein the information is received over the local external wireless network from a different lighting system.
Claim 9:
The method of Claim 1, wherein the resetting of the lighting system comprises: detecting a predetermined power cycle pattern; erasing the set of credentials from a memory in response to detecting the predetermined power cycle pattern; and automatically initiating operating the set of light emitting elements according to the default operation instructions.
Claim 2:
The method of Claim 1, wherein the local external wireless network comprises Wi-Fi.
Claim 3:
The method of Claim 1, wherein the endpoint comprises an independent wireless network of a different lighting system.
Claim 4:
The method of Claim 1, wherein the endpoint comprises a central router.
Claim 5:
The method of Claim 1, wherein the information is received over the local external wireless network from a remote device.
Claim 6:
The method of Claim 5, wherein the remote device comprises a mobile device.
Claim 7:
The method of Claim 5, wherein the lighting system comprises the set of light emitting elements.
Claim 8:
The method of Claim 1, wherein the information is received over the local external wireless network from a different lighting system.
Claim 9:
The method of Claim 1, wherein the resetting of the lighting system comprises: detecting a predetermined power cycle pattern; erasing the set of credentials from a memory in response to detecting the predetermined power cycle pattern; and automatically initiating operating the set of light emitting elements according to the default operation instructions.
Claim 10:
A lighting system, comprising:
a set of light emitting elements;
onboard storage configured to store a set of wireless network credentials;
a wireless communication module
configured to connect to a local external wireless network using the set of wireless network credentials; and a
reset module, configured to erase the set of wireless network credentials when a set of reset conditions are satisfied;
wherein the preferred operating instructions control operation absent the set of reset conditions being satisfied.
Claim 10:
A lighting system, comprising:
a set of light emitting elements;
onboard storage configured to store a set of wireless network credentials;
a wireless communication module configured to generate an independent wireless network and configured to connect to a local external wireless network using the set of wireless network credentials; and
a reset module, configured to erase the set of wireless network credentials when a set of reset conditions are satisfied;
wherein preferred operation instructions control operation absent the set of reset conditions being satisfied.
Claim 11:
The lighting system of Claim 10, wherein the wireless communication module comprises a border router configured to forward wireless packets to a central router.
Claim 12:
The lighting system of Claim 11, wherein the border router is further configured to forward wireless packets to the independent network of a different lighting system.
Claim 13:
The lighting system of Claim 10, wherein the wireless communication module is a repeater.
Claim 14:
The lighting system of Claim 10, wherein the set of operation instructions are received by the wireless communication module.
Claim 15:
The lighting system of Claim 10, wherein the set of operations instructions are received from a remote device, wherein the remote device is associated with the set of wireless network credentials.
Claim 16:
The lighting system of Claim 15, wherein the remote device comprises a mobile device.
Claim 17:
The lighting system of Claim 10, wherein the set of light emitting elements comprises two sets of LEDs, each with different light properties.
Claim 18:
The lighting system of Claim 10, wherein the lighting system is controlled based on default operation instructions after the set of wireless network credentials are erased.
Claim 11:
The lighting system of Claim 10, wherein the wireless communication module comprises a border router configured to forward wireless packets to a central router.
Claim 12:
The lighting system of Claim 11, wherein the border router is further configured to forward wireless packets to the independent network of a different lighting system.
Claim 13:
The lighting system of Claim 10, wherein the wireless communication module is a repeater.
Claim 14:
The lighting system of Claim 10, wherein the preferred operation instructions are received by the wireless communication module.
Claim 15:
The lighting system of Claim 10, wherein the preferred operation instructions are received from a remote device, wherein the remote device is associated with the set of wireless network credentials.
Claim 16:
The lighting system of Claim 15, wherein the remote device comprises a mobile device.
Claim 17:
The lighting system of Claim 10, wherein the set of light emitting elements comprises two sets of LEDs, each with different light properties.
Claim 18:
The lighting system of Claim 10, wherein the lighting system is controlled based on default operation instructions after the set of wireless network credentials are erased.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Karc (US 2014/0265881 A1) discloses state change devices for switched electrical receptacles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D CHANG whose telephone number is (571)272-1801. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at 5712728048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D CHANG/Primary Examiner, Art Unit 2844