DETAILED ACTION
This office action is in response to the applicant's amendment submitted on 02/10/2026. In virtue of this amendment:
Claims 1-20 were previously canceled;
Claims 40-50 are newly added;
Claims 21-38 are currently amended; and thus,
Claims 21-50 are pending;
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 .
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.
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Claims 21, 27 and 33 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims 15 of U.S. Patent No. 12,080,493, although the claims at issue are not identical, they are not patentably distinct from each other as outline in the table below.
Instant Application
U.S. Patent 12,080,493
Claim 21. A control device configured to control a lighting device, the control device comprising:
a base portion; and
a control unit configured to connect to the base portion, the control unit comprising
a rotation portion rotatable with respect to the base portion,
an actuation portion comprising a front surface,
a light source, wherein the light source is configured to illuminate at least an illuminated portion on the front surface of the actuation portion, and
the control circuit is configured to:
determine control data configured to adjust the color temperature of the lighting device toward the warmer color temperature;
determine control data configured to adjust the color temperature of the lighting device toward the cooler color temperature; and
in response to the rotation portion being rotated in a second direction that is configured to adjust the color temperature of the lighting device toward a cooler color temperature:
illuminate the illuminated portion a second color to indicate that the rotation portion is being rotated in the second direction that is configured to adjust the color temperature of the lighting device toward the cooler color temperature.
in response to the rotation portion being rotated in a first direction that is configured to adjust a color temperature of the lighting device toward a warmer color temperature:
illuminate the illuminated portion a first color to indicate that the rotation portion is being rotated in the first direction that is configured to adjust the color temperature of the lighting device toward the warmer color temperature
Claim 1. A control device configured for use in a load control system to control an external lighting device, the control device comprising:
a base portion;
a control unit configured to connect to the base portion, the control unit comprising
a rotation portion rotatable with respect to the base portion for adjusting an intensity of the lighting device between a minimum intensity and a maximum intensity, the control unit also comprising a control circuit configured to: in response to detecting a clockwise rotation of the rotation portion when the lighting device is on, determine first control data for raising the intensity of the lighting device and transmit control signals including the first control data; and in response to detecting a counter-clockwise rotation of the rotation portion when the lighting device is on, determine second control data for lowering the intensity of the lighting device and transmit control signals including the second control data; wherein the control circuit is configured to, in response to detecting a counter-clockwise rotation of the rotation portion when the lighting device is off, determine third control data for turning on the lighting device to the minimum intensity and transmit control signals including the third control data.
Claim 2. The control device of claim 1, wherein the control unit further comprises
an actuation portion comprising a front surface and received in an opening of the rotation portion, the control circuit configured to, in response to an actuation of the actuation portion, determine fourth control data for turning the lighting device on or off and transmit control signals including the fourth control data.
Claim 3. The control device of claim 2, wherein the control unit further comprises
a light source configured to illuminate at least an illuminated portion on the front surface of the actuation portion.
Claim 14. The control device of claim 3, wherein the control circuit is further configured to:
determine fourth control data for adjusting a color temperature of the lighting device in response to a clockwise or counter-clockwise rotation of the rotation portion while the actuation portion is being actuated; and transmit control signals including the fourth control data.
Claim 15. The control device of claim 14, wherein
the illuminated portion is illuminated a blue color when the rotation portion is rotated to adjust the color temperature towards a cool-white color; and
the illuminated portion is illuminated a red color when the rotation portion is rotated to adjust the color temperature towards a warm-white color.
Regarding claims 27 and 33, the claim recites the steps the control circuit is configured to perform in method form, thus is considered to be same in scope as claims 21, therefore rejected in the same manner.
Claims 21, 27 and 33 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims 15 of U.S. Patent No. 11,621,133B2, although the claims at issue are not identical, they are not patentably distinct from each other as outline in the table below.
Instant Application
U.S. Patent 11,621,133B2
Claim 21. A control device configured to control a lighting device, the control device comprising:
a base portion; and
a control unit configured to connect to the base portion, the control unit comprising
a rotation portion rotatable with respect to the base portion,
an actuation portion comprising a front surface,
a light source, and
a control circuit; wherein the light source is configured to illuminate at least an illuminated portion on the front surface of the actuation portion, and
the control circuit is configured to:
in response to the rotation portion being rotated in a second direction that is configured to adjust the color temperature of the lighting device toward a cooler color temperature:
determine control data configured to adjust the color temperature of the lighting device toward the cooler color temperature; and
illuminate the illuminated portion a second color to indicate that the rotation portion is being rotated in the second direction that is configured to adjust the color temperature of the lighting device toward the cooler color temperature.
in response to the rotation portion being rotated in a first direction that is configured to adjust a color temperature of the lighting device toward a warmer color temperature:
determine control data configured to adjust the color temperature of the lighting device toward the warmer color temperature;
illuminate the illuminated portion a first color to indicate that the rotation portion is being rotated in the first direction that is configured to adjust the color temperature of the lighting device toward the warmer color temperature
Claim 1. A control device configured for use in a load control system to control an external lighting device, the control device comprising:
a base portion;
a control unit configured to connect to the base portion, the control unit comprising
a rotation portion rotatable with respect to the base portion,
an actuation portion comprising a front surface and received in an opening of the rotation portion,
a light source, and
a control circuit; wherein the light source is configured to illuminate at least an illuminated portion on the front surface of the actuation portion, and
the control circuit is configured to:
in response to an actuation of the actuation portion, determine first control data for turning the lighting device on or off, control the light source to illuminate the illuminated portion of the actuation portion, and transmit control signals including the first control data;
in response to a rotation of the rotation portion, determine second control data for adjusting an intensity of the lighting device, control the light source to illuminate the illuminated portion of the actuation portion, and transmit control signals including the second control data; and
control the light sources to blink the illuminated portion when the intensity of the lighting device has reached a limit in response to rotation of the rotation portion.
Claim 10. The control device of claim 1, wherein the control circuit is further configured to:
determine the first control data for adjusting a color temperature of the one or more lighting devices in response to the rotation of the rotation portion; illuminate the illuminated portion a first color when the rotation portion is rotated in a first direction; and illuminate the illuminated portion a second color when the rotation portion is rotated in a second direction, wherein the illuminated portion is illuminated a blue color when the rotation portion is rotated to adjust the color temperature towards a cool-white color, and the illuminated portion is illuminated a red color when the rotation portion is rotated to adjust the color temperature towards a warm-white color.
Regarding claims 27 and 33, the claim recites the steps the control circuit is configured to perform in method form, thus is considered to be same in scope as claims 21, therefore rejected in the same manner.
Allowable Subject Matter
Claims 21-50 but would be allowable if terminal disclaimer is filed to overcome the double patent rejection set forth in the current office action.
The following is an examiner’s statement of reasons for allowance, this statement is not intended to necessarily state all the reasons for allowance or all the details why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth (MPEP 1302.14).
Regarding claims 21, 27 and 33 none of the prior art of record alone or in combination thereof discloses or renders obvious all of the claimed limitation recited in the claims, for example:
illuminate the illuminated portion a first color to indicate that the rotation portion is being rotated in the first direction that is configured to adjust the color temperature of the lighting device toward the warmer color temperature;
illuminate the illuminated portion a second color to indicate that the rotation portion is being rotated in the second direction that is configured to adjust the color temperature of the lighting device toward the cooler color temperature.
In other words, the system is configured to illuminate the surface portion of the control device in a first/second color, as long as rotation portion is being rotated towards a warmer/cooler, regardless of the actual color temperature of the color temperature of the lighting device.
Regarding claims 22-26 and 39-42, the claims are allowed based upon dependency of allowed independent claim 21 and may not be allowable when presented independently without all the claimed limitation of the base claim.
Regarding claims 28-32 and 43-46, the claims are allowed based upon dependency of allowed independent claim 27 and may not be allowable when presented independently without all the claimed limitation of the base claim.
Regarding claims 34-38 and 47-50, the claims are allowed based upon dependency of allowed independent claim 33 and may not be allowable when presented independently without all the claimed limitation of the base claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND R CHAI whose telephone number is (571)270-0576. The examiner can normally be reached M-F 9:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H Taningco can be reached at (571)272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Raymond R Chai/Primary Examiner, Art Unit 2844