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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/19/2025 has been entered.
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.
At least claim(s) 1-3, 5, 11-15, and 18-19 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-5, 11-15, and 17-19 of U.S. Patent No. 11,619,373 in view of Lundberg et al. (US 2013/0107513).
A comparison of the claims is provided below:
Instant Application
18/642,341
US Patent
11,619,373
Comparison
1. A lighting device having two or more operating modes, comprising: a housing having light emitting diode (LED) packages mounted therein, at least a portion of the one or more LED packages being distributed in a ring arrangement; and a secondary optic disc comprising a plurality of secondary optical elements, the plurality of secondary optical elements comprising at least two types of secondary optical elements, wherein a center point of the ring arrangement and a center point of the secondary optic disc define an optical axis of the lighting device, wherein: an operating mode of the two or more operating modes corresponds to each of the LED packages being aligned with a secondary optical element of a predetermined type,
the secondary optic disc is positioned within the housing,
the secondary optic disc is rotatable with respect to the housing and while remaining within the housing about the optical axis of the lighting device between at least two predefined positions, … the beam profile describing the intensity of light at points along a diameter of a beam of light emitted by the lighting device in a plane that is transverse to a direction of propagation of the beam of light.
1. A lighting device or lamp having two or more operating modes, the lighting device or lamp comprising: a housing having one or more light emitting diode (LED) packages mounted therein, at least a portion of the one or more LED packages being distributed in a ring arrangement; and at least one secondary optic disc comprising a plurality of secondary optical elements, the plurality of secondary optical elements comprising at least two types of secondary optical elements, wherein a center point of the ring arrangement and a center point of the secondary optic disc define an optical axis of the lighting device or lamp; wherein: an operating mode of the two or more operating modes corresponds to each of the one or more LED packages being aligned with a secondary optical element of a predetermined type, the secondary optic disc is mounted to the housing so that the secondary optic disc and the housing are selectively rotatable with respect to one another about the optical axis of the lighting device or lamp between at least two predefined positions, … the beam profile describing the intensity of light at points along a diameter of a beam of light emitted by the lighting device or lamp in a plane that is transverse to a direction of propagation of the beam of light.
Claim 1 of the instant application is a broader recitation of claim 1 of the ‘373 Patent. See the differences in the underlined portions to the left.
Although claim 1 fails to teach the secondary optic disc is rotatable with respect to the housing and while remaining within the housing about the optical axis of the lighting device.
Lundberg teaches a housing (102, fig. 5) having one or more light emitting diode (LED) packages (110, fig. 5) mounted therein, the secondary optic disc (118, fig. 5) is positioned within the housing (102), the secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, in order to enclose and protect the light emitting diodes.
2. The lighting device or lamp of claim 1, further comprising
a selector positioned exterior to the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode
2. The lighting device or lamp of claim 1, further comprising a selector associated with the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode.
Claim 2 is identical to that of claim 2 of the patent.
However, claim 2 fails to teach a selector positioned exterior to the housing.
Lundberg teaches a selector (502, fig. 6) positioned exterior to the housing (102, fig. 6).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a selector positioned exterior to the housing, in order to adjust the light output of the lighting device to a desired color.
3. The lighting device or lamp of claim 2, wherein the selector is operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode, and wherein the axle is affixed directly to the selector.
2. The lighting device or lamp of claim 1, further comprising a selector associated with the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode.
3. The lighting device or lamp of claim 2, wherein the axle is affixed directly to the selector.
Claims 3 is a broader recitation of claims 2 and 3 of the patent.
5. The lighting device or lamp of claim 1, wherein the plurality of secondary optical elements are organized into groups of secondary optical elements, each group of secondary optical elements (a) comprising two or more types of secondary optical elements and (b) corresponding to one of the one or more LED packages.
5. The lighting device or lamp of claim 1, wherein the plurality of secondary optical elements are organized into groups of secondary optical elements, each group of secondary optical elements (a) comprising two or more types of secondary optical elements and (b) corresponding to one of the one or more LED packages.
Claim 5 is identical to that of claim 5 of the patent.
11. The lighting device or lamp of claim 1, further comprising a communications interface, a processing element, and a mechanical interface, wherein: the communications interface is configured to receive an operating mode request from a wired or wireless remote switch, the operating mode request comprising an indication of a user-selected operating mode; and the processing element is configured to: responsive to processing the operating mode request, determine (a) a current position of the mechanical interface and (b) a goal position of the mechanical interface corresponding to the user-selected operating mode, wherein the current position and the goal position each refer to a respective one of the at least two predefined positions, and drive the mechanical interface from the current position to the goal position to cause rotation of the secondary optic disc to align one or more of the plurality of secondary optical elements corresponding to the user-selected operating mode with the LED packages.
11. The lighting device or lamp of claim 1, further comprising a communications interface, a processing element, and a mechanical interface, wherein: the communications interface is configured to receive an operating mode request from a wired or wireless remote switch, the operating mode request comprising an indication of a user-selected operating mode; the processing element is configured to: responsive to processing the operating mode request, determine (a) a current position of the mechanical interface and (b) a goal position of the mechanical interface corresponding to the user-selected operating mode, wherein the current position and the goal position each refer to a respective one of the at least two predefined positions, and drive the mechanical interface from the current position to the goal position to cause rotation of the secondary optic disc to align one or more secondary optical elements corresponding to the user-selected operating mode with the LED packages.
Claim 11 is identical to that of claim 11 of the patent.
12. The lighting device or lamp of claim 11, wherein the secondary optic disc is affixed to an axle, wherein the axle comprises one or more positioning teeth and the mechanical interface is configured to cause rotation of the axle and the secondary optic disc through engagement of one or more of the positioning teeth.
12. The lighting device or lamp of claim 11, wherein the secondary optic disc is affixed to an axle, wherein the axle comprises one or more positioning teeth and the mechanical interface is configured to cause rotation of the axle and the secondary optic disc through engagement of one or more of the positioning teeth.
Claim 12 is identical to that of claim 12 of the patent.
13. The lighting device or lamp of claim 10, wherein the remote switch is configured to control a flow of electric power to the lighting device or lamp and the toggling of the interactive element is detected as a series of one or more pulses or interruptions in the electric power supplied to the lighting device of lamp.
13. The lighting device or lamp of claim 10, wherein the remote switch is configured to control the flow of electric power to the lighting device or lamp and the toggling of the interactive element is detected as a series of one or more pulses or interruptions in the electric power supplied to the lighting device of lamp.
Claim 13 is identical to that of claim 13 of the patent.
14. The lighting device or lamp of claim 1, wherein the at least two types of secondary optical elements comprises a first type of secondary optical elements and secondary optical elements of the plurality of secondary optical elements neighboring an optical element of the first type of secondary optical elements is of a type other than the first type.
14. The lighting device or lamp of claim 1, wherein the at least two types of secondary optical elements comprises a first type of secondary optical elements and secondary optical elements of the plurality of secondary optical elements neighboring an optical element of the first type of secondary optical elements is of a type other than the first type.
Claim 14 is identical to that of claim 14 of the patent.
15. The lighting device or lamp of claim 1, wherein the at least two types of secondary optical elements comprises a first type of secondary optical elements and a second type of secondary optical elements, and secondary optical elements of the first type are a different size than secondary optical elements of the second type.
15. The lighting device or lamp of claim 1, wherein the at least two types of secondary optical elements comprises a first type of secondary optical elements and a second type of secondary optical elements, and secondary optical elements of the first type are a different size than secondary optical elements of the second type.
Claim 15 is identical to that of claim 15 of the patent.
18. A lighting device having two or more operating modes, the lighting comprising: a housing having a plurality of light engines positioned therein, … , the secondary optic disc is positioned within the housing so that the secondary optic disc is moveable with respect to the housing and while remaining within the housing between at least two predefined positions, … the plurality of secondary optical elements of the at least one secondary optic disc are configured to define the at least one of the beam angle or the beam profile of each operating mode.
18. A lighting device or lamp having two or more operating modes, the lighting device or lamp comprising: a housing having one or more light engines mounted therein, … , the secondary optic disc is mounted to the housing so that the secondary optic disc and the housing are selectively moveable with respect to one another about the optical axis of the lighting device or lamp between at least two predefined positions, … , the beam profile describing the intensity of light at points along a diameter of a beam of light emitted by the lighting device or lamp in a plane that is transverse to a direction of propagation of the beam of light.
Claim 18 of the instant application is a broader recitation of claim 18 of the ‘373 Patent. See the differences in the underlined portions to the left.
Although claim 18 fails to teach the secondary optic disc is rotatable with respect to the housing and while remaining within the housing about the optical axis of the lighting device.
Lundberg teaches a secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, in order to enclose and protect the light emitting diodes.
19. A lighting device having two or more operating modes, the lighting device comprising: a housing having light emitting diode (LED) packages positioned therein, at least a portion of the LED packages being distributed in a ring arrangement; a secondary optic disc, the at least one secondary optic disc (a) is positioned within the housing so that the secondary optic disc is rotatable with respect to the housing while remaining in the housing about an optical axis of the lighting device or lamp and …
19. A lighting device or lamp having two or more operating modes, the lighting device or lamp comprising: a housing having one or more light emitting diode (LED) packages mounted therein, at least a portion of the one or more LED packages being distributed in a ring arrangement; at least one secondary optic disc, the at least one secondary optic disc (a) is mounted to the housing so that the secondary optic disc and the housing are selectively rotatable with respect to one another about an optical axis of the lighting device or lamp and …
Claim 19 of the instant application is a broader recitation of claim 19 of the ‘373 Patent. A comparison of the claims is provided below. See the differences in the underlined portions to the left.
Although claim 19 fails to teach the secondary optic disc is rotatable with respect to the housing and while remaining within the housing about the optical axis of the lighting device.
Lundberg teaches a secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, in order to enclose and protect the light emitting diodes.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 26 recites the limitation “mode changes between the two or more operating modes occur without disassembly and without loosening fasteners” which was not described in the originally filed disclosure. The examiner notes that nowhere in the originally filed disclosure does there contain any figures or details which show or state changing between two modes without disassembly and without loosening fasteners. As such, the scope of the claim is not commensurate with the scope of the originally filed disclosure and is considered new matter.
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) 1-3, 5-6, 14-15, 18-20 and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker et al. (US 2008/0273324) (hereinafter Becker) in view of Lundberg et al. (US 2013/0107513) (hereinafter Lundberg).
Claim 1: Becker teaches a lighting device having two or more operating modes, comprising: one or more light emitting diode (LED) packages (60, fig. 1) mounted therein, at least a portion of the one or more LED packages (60) being distributed in a ring arrangement (see fig. 1); and at least one secondary optic disc (20, fig. 1) comprising a plurality of secondary optical elements (30, 32, fig. 1), the plurality of secondary optical elements comprising at least two types of secondary optical elements (30 and 32), wherein a center point of the ring arrangement (center of 60, fig. 1) and a center point of the secondary optic disc (center of 20, fig. 1) define an optical axis of the lighting device or lamp (optical axis being the center of 20 and 60 which is the center of 10 in fig. 1), wherein: an operating mode of the two or more operating modes (two modes corresponding to when the LEDs 60 operate with lenses 30 and 32) (see para [0018]) corresponds to each of the one or more LED packages (60) being aligned with a secondary optical element (30, fig. 1) of a predetermined type, the secondary optic disc (20) is rotatable about the optical axis of the lighting device or lamp (see fig. 1) between at least two predefined positions (position where 60 is under 30 and 32), each predefined position corresponding to a respective one of the two or more operating modes (position of 60 under either 30 or 32), and each operating mode is defined by at least one of a beam angle or a beam profile (first and second light distribution, see para [0017]), the plurality of secondary optical elements (30, 32) of the at least one secondary optic disc (20) are configured to define the at least one of the beam angle or the beam profile of each operating mod (first and second light distribution, see para [0017]),the beam profile describing the intensity of light at points along a diameter of a beam of light emitted by the lighting device or lamp in a plane that is transverse to a direction of propagation of the beam of light. the beam profile (first and second light distribution, see para [0017]) describing the intensity of light at points along a diameter of a beam of light (points of light along 30, 32) emitted by the lighting device or lamp (10) in a plane (horizontal plane of 10, fig. 1) that is transverse to a direction of propagation of the beam of light (vertical direction of light emitted from 60, fig. 2A).
However, Becker is silent about a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing.
Lundberg teaches a housing (102, fig. 5) having one or more light emitting diode (LED) packages (110, fig. 5) mounted therein, the secondary optic disc (118, fig. 5) is positioned within the housing (102), the secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, in order to enclose and protect the light emitting diodes.
Claim 2: Becker fails to teach a selector positioned exterior to the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode.
Lundberg teaches a selector (502, fig. 6) positioned exterior to the housing (102, fig. 6), the selector comprising two or more selector positions (see figs. 3 and 4), each position corresponding to an operating mode (see figs. 3 and 4), the selector (502) operably connected to an axle (504, fig. 6), the axle (502) being affixed to the secondary optic disc such that movement of the selector from a first selector position (see fig. 3) of the two or more selector positions to a second selector position (see fig. 4) of the two or more selector positions causes rotation of the secondary optic disc (118) from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode (modes where LEDS 110 or 112 are activated, see para [0028] – [0029]).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a selector positioned exterior to the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode, in order to adjust the light output of the lighting device to a desired color.
Claim 3: Becker fails to teach the selector is operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode, and wherein the axle is affixed directly to the selector.
Lundberg teaches the selector (502, fig. 6) is operably connected to an axle (504, fig. 6), the axle being affixed to the secondary optic disc (118, fig. 6) such that movement of the selector from a first selector position (see fig. 3) of the two or more selector positions to a second selector position (see fig. 4) of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode (modes where LEDS 110 or 112 are activated, see para [0028] – [0029]), and wherein the axle (504) is affixed directly to the selector (502).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a selector associated with the housing to the lighting device of Becker which comprises two or more selector positions, each position corresponding to an operating mode, the selector operably connected to the axle such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode, the axle is affixed directly to the selector, in order to adjust the light output of the lighting device to a desired color.
Claim 5: Becker teaches the plurality of secondary optical elements (30, 32, fig. 1) are organized into groups of secondary optical elements (group of three lenses 30, 32, fig. 1), each group of secondary optical elements (30, 32) (a) comprising two or more types of secondary optical elements (two lenses 30, fig. 1) and (b) corresponding to one of the LED packages (60, fig. 1).
Claim 6: Becker teaches each operating mode is defined by a beam angle and the beam profile, the plurality of secondary optical elements of the secondary optic disc are configured to define the beam angle and the beam profile of each operating mode (each optical element type 30 and 32 have a predetermined beam angle for their predetermined light distribution) (light distribution, see para [0018]).
Claim 14: Becker teaches the at least two types of secondary optical elements (30, 32, fig. 1) comprises a first type of secondary optical elements (30, fig. 1) and secondary optical elements (32, fig. 1) of the plurality of secondary optical elements (30, 32) neighboring an optical element (30) of the first type of secondary optical elements (30) is of a type other than the first type (different light distribution, see para [0018]).
Claim 15: Becker teaches the at least two types of secondary optical elements (30, 32, fig. 1) comprises a first type of secondary optical elements (30, fig. 1) and a second type of secondary optical elements (32, fig. 1), and secondary optical elements of the first type (30) are a different size than secondary optical elements of the second type (32).
However, Becker fails to teach the secondary optical elements of the first type are a different size than secondary elements of the second type.
It would have been an obvious matter of design choice to change the size of the secondary optical elements of Becker such that the secondary optical elements of the first type are a different size than secondary elements of the second type, since it has been held that the configuration of the of size of the secondary optical elements was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 18: Becker teaches a lighting device having two or more operating modes, the lighting device comprising: a plurality of light engines (60, fig. 1) positioned therein, at least a portion of the a plurality of light engines (60) being distributed in a ring arrangement (see fig. 1); and at least one secondary optic disc (20, fig. 1) comprising a plurality of secondary optical elements (30, 32, fig. 1), the secondary optical elements comprising two or more types of secondary optical elements (30 and 32),wherein a center point of the ring arrangement (center of 60, fig. 1) and a center point of the secondary optic disc (center of 20, fig. 1) define an optical axis of the lighting device or lamp (optical axis being the center of 20 and 60 which is the center of 10 in fig. 1), wherein: an operating mode of the two or more operating modes (two modes corresponding to when the LEDs 60 operate with lenses 30 and 32) (see para [0018]) corresponds to each of the one or more LED packages (20) being aligned with a secondary optical element (30, fig. 1) of a predetermined type, the secondary optic disc (20) is positioned so that the secondary optic disc (20) is moveable (rotational movement, see para [0022]) between at least two predefined positions (positions where 60 is under 30 or 32, fig. 1), each predefined position (position where 60 is under 30 or 32) corresponding to one of the two or more operating modes (mode where 60 is under 30 or 32), movement of the secondary optic disc (20) from a first position (position of 60 under 30) of the at least two predefined positions (positions where 60 is under 30 or 32) to a second position (position of 60 under 32) of the at least two predefined positions causes a switching of the operating mode of the lighting device or lamp from a first operating mode to a second operating mode (first and second light distributions, see para [0017]), and each operating mode is defined by at least one of a beam angle or a beam profile (first and second light distribution, see para [0017]), the plurality of secondary optical elements (30, 32) of the at least one secondary optic disc (20) are configured to define the at least one of the beam angle or the beam profile of each operating mode (beam angle of the first and second light distribution, see para [0017]).
However, Becker is silent about a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing.
Lundberg teaches a housing (102, fig. 5) having one or more light emitting diode (LED) packages (110, fig. 5) mounted therein, the secondary optic disc (118, fig. 5) is positioned within the housing (102), the secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, in order to enclose and protect the light emitting diodes.
Claim 19: Becker teaches a lighting device having two or more operating modes, the lighting device comprising: light emitting diode (LED) packages positioned therein (60, fig. 1) positioned therein, at least a portion of the LED packages being distributed in a ring arrangement (see fig. 1);a secondary optic disc (20, fig. 1),the secondary optic disc (20) (a) is positioned so that the secondary optic disc is rotatable (rotational movement, see para [0022]) about an optical axis of the lighting device (center axis of 20 and 60, fig. 1) and (b) comprises a plurality of secondary optical elements (30, 32, fig. 1), the plurality of secondary optical elements (30, 32) comprising at least two types of secondary optical elements (30 and 32), wherein a center point of the ring arrangement (center of 60, fig. 1) and a center point of the secondary optic disc (center of 20, fig. 1) define the optical axis of the lighting device (see fig. 1); and wherein an operating mode of the two or more operating modes (modes where 60 is under 30 or 32) corresponds to each of the LED packages (60) being aligned with a secondary optical element of a predetermined type (60 being aligned with either 30 or 32, fig. 1).
However, Becker is silent about a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, a selector associated with the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc about the optical axis of the lighting device from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode.
Lundberg teaches a housing (102, fig. 5) having one or more light emitting diode (LED) packages (110, fig. 5) mounted therein, the secondary optic disc (118, fig. 5) is positioned within the housing (102), the secondary optic disc (118) is rotatable (see para [0024]) with respect to the housing (102) and while remaining within the housing (102), a selector (502, fig. 6) associated with the housing (102, fig. 6), the selector comprising two or more selector positions (see figs. 3 and 4), each position corresponding to an operating mode (see figs. 3 and 4), the selector (502) operably connected to an axle (504, fig. 6), the axle (502) being affixed to the secondary optic disc such that movement of the selector from a first selector position (see fig. 3) of the two or more selector positions to a second selector position (see fig. 4) of the two or more selector positions causes rotation of the secondary optic disc (118) from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode (modes where LEDS 110 or 112 are activated, see para [0028] – [0029]).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing, and add a selector associated with the housing, the selector comprising two or more selector positions, each position corresponding to an operating mode, the selector operably connected to an axle, the axle being affixed to the secondary optic disc such that movement of the selector from a first selector position of the two or more selector positions to a second selector position of the two or more selector positions causes rotation of the secondary optic disc about the optical axis of the lighting device from a first position corresponding to a first operating mode to a second position corresponding to a second operating mode , in order to enclose and protect the light emitting diodes and adjust the light output of the lighting device to a desired color.
Claim 20: Becker fails to teach the selector is operable via at least one of (a) manually or (b) a mechanical interface.
Lundberg teaches the selector is operable via at least one of (a) manually or (b) a mechanical interface (see para [0035]).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a selector associated which is operable via at least one of (a) manually or (b) a mechanical interface, in order to adjust the light output of the lighting device to a desired color.
Claim 24: Becker teaches the beam profile (first and second light distribution, see para [0017]) describing the intensity of light at points along a diameter of a beam of light (points of light along 30, 32) emitted by the lighting device or lamp (10) in a plane (horizontal plane of 10, fig. 1) that is transverse to a direction of propagation of the beam of light (vertical direction of light emitted from 60, fig. 2A).
Claim 25: Becker fails to teach each predefined position of the at least two predefined positions is defined by engagement of positioning teeth or a selector mechanism.
Lundberg teaches each predefined position of the at least two predefined positions (positions of 118a can be changed by rotation of 602 engaging the teeth of 504, see para [0036] and fig. 6) is defined by engagement of positioning teeth or a selector mechanism (positioning teeth of 504 engaging 602, fig. 6).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a selector positioned exterior to the housing where each predefined position of the at least two predefined positions is defined by engagement of positioning teeth or a selector mechanism, in order to adjust the light output of the lighting device to a desired color.
Claim 26: Becker fails to teach mode changes between the two or more operating modes occur without disassembly and without loosening fasteners.
Lundberg teaches mode changes between the two or more operating modes occur without disassembly and without loosening fasteners (rotating the lenses 118a does not involve disassembly since it is done by rotation via 502 in fig. 5).
Therefore, in view of Lundberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a housing having the one or more light emitting diode (LED) packages mounted therein, the secondary optic disc is positioned within the housing, the secondary optic disc is rotatable with respect to the housing and while remaining within the housing where mode changes between the two or more operating modes occur without disassembly and without loosening fasteners, in order to enclose and protect the light emitting diodes.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker et al. (US 2008/0273324) in view of Lundberg et al. (US 2013/0107513) as applied to claim(s) 1 above, and further in view of Hsing Chen (US 2010/0265706) (hereinafter Hsing).
Claim 10: Becker fails to teach a processing element and a mechanical interface, wherein the processing element is configured to: detect a toggling of an interactive element of a remote switch; and responsive to the detection of the toggling of the interactive element of the remote switch, drive the mechanical interface from a current position of the mechanical interface to an adjacent position of the mechanical interface to cause rotation of the secondary optic disc from a first disc position of the at least two predefined positions and corresponding to a current operating mode of the two or more operating modes to an adjacent disc position of the at least two predefined positions and corresponding to an adjacent operating mode of the two or more operating modes.
Hsing teaches a processing element (220, fig. 7) and a mechanical interface (1, 230, fig. 7), wherein the processing element (220, fig. 7) is configured to: detect a toggling of an interactive element (240, fig. 7) of a remote switch (controlling signal, see para [0038]); responsive to the detection of the toggling of the interactive element of the remote switch (controlling signal which is generated by a remote controller, see para [0038]), drive the mechanical interface (1, 230) from a current position of the mechanical interface (1, 230) to an adjacent position of the mechanical interface to cause rotation of the axle and the secondary optic disc from a first disc position (position of 70 can be adjusted by rotation, see para [0030]) corresponding to a current operating mode of the two or more operating modes to an adjacent operating mode of the two or more operating modes (see para [0030]).
Therefore, in view of Hsing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a processing element and a mechanical interface to the lighting device of Belliveau where the processing element is configured to: detect a toggling of an interactive element of a remote switch; responsive to the detection of the toggling of the interactive element of the remote switch, drive the mechanical interface from a current position of the mechanical interface to an adjacent position of the mechanical interface to cause rotation of the axle and the secondary optic disc from a first disc position corresponding to a current operating mode of the two or more operating modes to an adjacent operating mode of the two or more operating modes, in order to wirelessly control and adjust the light output of the lighting device.
Claim 11: Becker fails to teach a communications interface, a processing element, and a mechanical interface, wherein: the communications interface is configured to receive an operating mode request from a wired or wireless remote switch, the operating mode request comprising an indication of a user- selected operating mode; and the processing element is configured to: responsive to processing the operating mode request, determine (a) a current position of the mechanical interface and (b) a goal position of the mechanical interface corresponding to the user-selected operating mode, wherein the current position and the goal position each refer to a respective one of the at least two predefined positions, and drive the mechanical interface from the current position to the goal position to cause rotation of the secondary optic disc to align one or more of the plurality of secondary optical elements corresponding to the user-selected operating mode with the LED packages.
Hsing teaches a communications interface (210, 240, fig. 7), a processing element (220, fig. 7), and a mechanical interface (1, 230, fig. 7), wherein: the communications interface (210, 240) is configured to receive an operating mode request (controlling signal, see para [0038]) (operating mode, see para [0039]) from a wired or wireless remote switch (240, fig. 7) (see para [0039]), the operating mode request (plurality of operating modes, see para [0039]) comprising an indication of a user-selected operating mode (controlling signal, see para [0038]); the processing element (220, fig. 7) is configured to: - 32 - AttyDktNo: 060196/493998responsive to processing the operating mode request (controlling signal, see para [0038]), determine (a) a current position (see para [0030]) of the mechanical interface (80, fig. 1) and (b) a goal position (see para [0030]) of the mechanical interface (80) corresponding to the user-selected operating mode (see para [0030]), and drive the mechanical interface (80) from the current position to the goal position (see para [0030]) to cause rotation of the axle (60, fig. 1) and the secondary optic disc (80) with respect to the housing (90d, fig. 5) to align one or more of the plurality of secondary optical elements (70) corresponding to the user-selected operating mode (see para [0039]) with the LED packages (20, fig. 1).
Therefore, in view of Hsing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a communications interface, a processing element, and a mechanical interface to the lighting device of Belliveau where the communications interface is configured to receive an operating mode request from a wired or wireless remote switch, the operating mode request comprising an indication of a user- selected operating mode; the processing element is configured to: - 32 - AttyDktNo: 060196/493998responsive to processing the operating mode request, determine (a) a current position of the mechanical interface and (b) a goal position of the mechanical interface corresponding to the user-selected operating mode, and drive the mechanical interface from the current position to the goal position to cause rotation of the axle and the secondary optic disc with respect to the housing to align one or more secondary optical elements corresponding to the user-selected operating mode with the LED packages, in order to wirelessly control and adjust the light output of the lighting device.
Claim 12: Becker fails to teach the secondary optic disc is affixed to an axle, wherein the axle comprises one or more positioning teeth and the mechanical interface is configured to cause rotation of the axle and the secondary optic disc through engagement of the one or more of the positioning teeth.
Hsing teaches a secondary optic disc (70, fig. 1) is affixed to an axle (60, fig. 1), wherein the axle (60) comprises one or more positioning teeth (61, fig. 1) (gear rack, see para [0030]) and the mechanical interface (1, 230, fig. 7)) is configured to cause rotation (rotate, see para [0030]) of the axle (60) and the secondary optic disc (80, fig. 1) through engagement (see para [0030]) of one or more of the positioning teeth (61).
Therefore, in view of Hsing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the axle of Belliveau with the axle comprising a plurality of positioning teeth and the mechanical interface is configured to cause rotation of the axle and the secondary optic disc through engagement of one or more of the positioning teeth, in order to provide an alternative means of providing rotation of the lighting device.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker et al. (US 2008/0273324) in view of Lundberg et al. (US 2013/0107513) as applied to claim(s) 1 above, and further in view of Sommers et al. (US 2003/0117797) (hereinafter Sommers).
Claim 21: Becker fails to teach an electrical connecting wire that is in electrical communication with the LED packages and configured to be connected to line voltage wires.
Sommers teaches an electrical connecting wire (wires, see para [0033]) that is in electrical communication with the LED packages (LEDs, see para [0033]) and configured to be connected to line voltage wires.
Therefore, in view of Sommers, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include electrical connecting wire that is in electrical communication with the LED packages and configured to be connected to line voltage wires, in order to provide and supply power to the LED packages to be illuminated.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that “Modifying Becker such that the secondary optic disc is rotatable between the alleged predefined positions without being removed from the housing would change the principle of operation of the Becker device”, the examiner respectfully disagrees. The examiner notes that the principle of operation is to “to have each LED 60 positioned within a concavity of a lens 22 so that the light distribution can be altered depending on how close the LED 60 is to the edge of the respective lens 22. See Becker, paras. [0019]-[0021]” as stated by the applicant. However, what the applicant argues is the actual operation of Becker rather than the principle.
The applicant further states that “The proposed modification, which would allow the secondary optic disc to be rotatable within the housing while remaining within the housing, fundamentally replaces Becker's fastener-based adjustability and LED-in-concavity paradigm. This is not a mere addition of a housing, but a substantive change to the operating principle of Becker, as the loosen/reposition/secure step is eliminated and replaced with an in-housing rotation” which is how Becker operates. The examiner notes that the principle, which is altering the light distribution by changing the position of the LEDs and the lens, is not changed in the proposed modification in view of Lundberg. The examiner notes that Lundberg discloses another method of operation of altering the light distribution by translating the lens relative to the LEDs via the controller and actuator but both share the same principle. Therefore, the proposed modification in view of Lundberg would not change the principle of operation but simply provide another method of operation which would have been obvious to one of ordinary skill in the art since it has been held that the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results would be routine to one with ordinary skill in the art. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Regarding applicant’s argument that “Becker's core mechanism for adjusting light distribution is based on a lens matrix that is mechanically retained by fasteners, with LEDs positioned within concavities of the lenses. To change the light distribution such that the LEDs are associated with a different type of lens”, the examiner notes that the applicant acknowledges that the principle is “adjusting light distribution based on a lens matrix” and the method of operation is mechanically retaining the lens by fasteners. The examiner reiterates that Lundberg discloses the same principle albeit a different method of operation.
Regarding applicant’s argument that “While applicant acknowledges the general principle from Keller and Merck that references must be considered in combination, this does not override the principle-of-operation doctrine … Lundberg's device is designed to allow rotation of a lens or reflector portion to align with different sets of LEDs … Becker's device achieves distribution changes by repositioning the lens matrix relative to fixed LEDs within concavities, requiring disassembly and reassembly”, the examiner again points out that the applicant acknowledges both Becker and Lundberg disclose the same principle albeit a different method of operation.
Regarding applicant’s argument that “Becker and Lundberg address different problems with incompatible designs … The references solve different problems and are structurally incompatible in key respects, so there is no reasoned motivation nor a reasonable expectation of success in combining them as proposed”, the examiner notes that although the designs might be incompatible the proposed combination is not for the reasons set forth above.
The examiner notes that no additional arguments have been presented for the Hsing and Sommers references.
Allowable Subject Matter
Claim(s) 7, 13 and 22-23 is/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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken as a whole does not show nor suggest the plurality of secondary optical elements are organized into groups of secondary optical elements, each group of the secondary optical elements (a) comprising three or more differing types of the secondary optical elements, the beam profile of each of the three or more differing types of the secondary optical elements being different than the beam profile of the other types, and (b) corresponding to one of the one or more LED packages, wherein each group of the secondary optical elements comprises one secondary optical element of a first type, one secondary optical element of a second type, and one secondary optical element of a third type with respect to claim(s) 7,
the remote switch is configured to control a flow of electric power to the lighting device and the toggling of the interactive element is detected as a series of one or more pulses or interruptions in the electric power supplied to the lighting device of lamp with respect to claim(s) 13,
the plurality of secondary optical elements are organized into groups of secondary optical elements, each group of the secondary optical elements (a) comprising three or more differing types of the secondary optical elements, the beam angle of each of the three or more differing types of the secondary optical elements being different than the beam angle of the other types, and (b) corresponding to one of the plurality of light engines, wherein each group of the secondary optical elements comprises one secondary optical element of a first type, one secondary optical element of a second type, and one secondary optical element of a third type, the first type of secondary optical element is configured to condition the light incident thereon into a first beam angle, the second type of secondary optical element is configured to condition the light incident thereon into a second beam angle, the third type of secondary optical element is configured to condition the light incident thereon into a third beam angle, and the first beam angle, the second beam angle, and the third beam angle are different with respect to claim(s) 22, as specifically called for in the claimed combinations.
Claim(s) 23 is/are dependent upon claim(s) 22 and is/are therefore allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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/ZHENG SONG/Primary Examiner, Art Unit 2875