Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
This application is a CON of 18/208,580 06/12/2023 PAT 12,048,077 which is a CON of 17/157,264 01/25/2021 PAT 11,678,420 which is a CON of 16/872,049 05/11/2020 PAT 10,904,967 which is a CON of 16/693,155 11/22/2019 PAT 10,652,979 which is a CON of 16/508,053 07/10/2019 PAT 10,555,385 which is a CON of 16/407,044 05/08/2019 PAT 10,492,260 which is a CON of 16/102,603 08/13/2018 PAT 10,334,680 which is a CON of 15/477,702 04/03/2017 PAT 10,051,703 which is a CON of 14/948,635 11/23/2015 PAT 9,615,420 which is a DIV of 13/697,646 11/13/2012 PAT 9,198,237 which is a 371 of PCT/US11/36359 05/12/2011 which claims benefit of 61/333.963 05/12/2010.
The application contains subject matters that are not supported by 61/333.963 05/12/2010. For at least the foregoing reason, while there is no new matter rejection at this time, some of the claims do not enjoy the priority date during examination, such as claims 1, 10 and 14. That said the newly amended portion also do not enjoy the priority of 05/12/2010. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application.
Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 1-6 and 16-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miskin in view of Lefferson (US 6955448, hereafter “Lefferson”) and Lys (US 20070237284 A1, hereinafter “Lys”).
Regarding claim 1, Miskin discloses a lighting device for connection to an AC power source, the lighting device comprising:
a first light emitting diode (“LED”) circuit having a first plurality of phosphor coated LEDs, wherein the first plurality of phosphor coated LEDs are configured to emit the same or different colors of light from the LEDs ([0020]);
a power source adaptor electrically coupled to the AC power source ([0017]; [0088]: power source adaptor: the voltage source stage 216 provides universal AC mains inputs 228 that drive a diode bridge 230 used to deliver DC to the LED circuit driver system 214. Direct DC could eliminate the need for the universal AC input 228);
a driver including at least one bridge rectifier, the driver configured to receive an AC voltage from the power source adaptor and provide an output voltage to the first LED circuit ([0086]);
at least one resistor provided in series with at least one of the first LED circuit and the second LED circuit ([0017]: resistor in series; [0069]: phosphor coated LED); and
a housing to enclose the first LED circuit, the driver, and the at least one resistor. ([0023]: the LED circuit assembly housing, the driver has a feedback circuitry such as a resistor divider network).
However, it does not disclose:
a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit;
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least: a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit.
In analogous art, Lefferson teaches a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit (LEDs 16 are provided in two circuits that are connected in electrically parallel relation to one another as depicted in FIG. 4);
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least (a three-way switch actuator 72 that provides a bright light in a first position, a medium light in a second position and a low light in a third position is depicted in Fig. 6):
a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit (in the first or "high light" position, current flows through capacitor 74 and conductors 74a, 74b to bypass capacitors 76 and 78. In the second, or medium light position, current flows through capacitors 74, 76, and conductors 76a, 74b to bypass capacitor 78. No current flows through conductor 74a because it is an open circuit when switch 72 is in said medium light position. In the third, or low light position, current flows through all three capacitors 74, 76, and 78 because conductors 74a, 76a, and 74b are open circuits).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the switch is incorporated with the two LED circuits to have a operatable lighting device that works for different illumination for the need of bed side night light since it is desirable to enabled a multi-way switching mechanism to control different brightness (see abstract of Lefferson for such motivation).
However, Miskin in view of Lefferson does not teach without causing the output voltage to be provided to the second LED circuit.
In analogous art, Lys discloses without causing the output voltage to be provided to the second LED circuit (at least claim 164: one LED comprises at least three LEDs and the at least one switchable constant current output pin comprises three switchable constant current output pins adapted to independently control separate LEDs of the at least three LEDs).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of when the claimed invention yield the result of predictable as having the elements of such switch in Miskin in view of Lefferson and using the switch in a typical manner does result in switching between having multi-settings in a switch so the outcome would be without causing the output voltage to be provided to the second LED circuit as taught in Lys (see at least claim 164 as the predictable result of switching between different settings).
Regarding claim 2, Miskin discloses the lighting device of Claim 1, further comprising a lens ([0020]: a lens).
Regarding claim 3, Miskin in view of Lefferson discloses the lighting device of Claim 1, wherein the switch further includes a third position to cause the output voltage to be provided to the second LED circuit ([0030]: dimmer switch, see rejection in claim 1 regarding three positions of the three-way switch). Same motivation as applied.
Regarding claim 4, Miskin discloses the lighting device of Claim 3, wherein the switch is controllable by a user to change a color or a brightness of light emitted from the lighting device ([0030], [0038]: same or different colors or brightness).
Regarding claim 5, Miskin discloses the lighting device of Claim 3, wherein the at least one resistor is electrically connected between the switch and the first plurality of phosphor coated LEDs ([0032]: series resistor connect in series between the junction to the phosphor LED; [0030]: the driver of the LED circuit is connected to the switch).
Regarding claim 6, Miskin discloses the lighting device of Claim 1, wherein the lighting device is coupled to a dimmer that is configured to dim the at least one LED circuit ([0030]: dimmer).
Regarding claim 16, Miskin discloses a lighting device for connection to an AC power source, the lighting device comprising:
a first emitting diode (“LED”) circuit having a first plurality of LEDs ([0020]);
a power source adaptor electrically coupled to the AC power source ([0017]; [0088]: power source adaptor: the voltage source stage 216 provides universal AC mains inputs 228 that drive a diode bridge 230 used to deliver DC to the LED circuit driver system 214. Direct DC could eliminate the need for the universal AC input 228);
a driver configured to receive an AC voltage from the power source adaptor and provide an output voltage to the first LED circuit ([0086]); and
at least one resistor provided in series with the plurality of LEDs ([0017]: resistor in series; [0069]: phosphor coated LED).
However, it does not disclose:
a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit;
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least: a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit.
In analogous art, Lefferson teaches a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit (LEDs 16 are provided in two circuits that are connected in electrically parallel relation to one another as depicted in FIG. 4);
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least (a three-way switch actuator 72 that provides a bright light in a first position, a medium light in a second position and a low light in a third position is depicted in Fig. 6):
a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit (in the first or "high light" position, current flows through capacitor 74 and conductors 74a, 74b to bypass capacitors 76 and 78. In the second, or medium light position, current flows through capacitors 74, 76, and conductors 76a, 74b to bypass capacitor 78. No current flows through conductor 74a because it is an open circuit when switch 72 is in said medium light position. In the third, or low light position, current flows through all three capacitors 74, 76, and 78 because conductors 74a, 76a, and 74b are open circuits).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the switch is incorporated with the two LED circuits to have an operatable lighting device that works for different illumination for the need of bed side night light since it is desirable to enabled a multi-way switching mechanism to control different brightness (see abstract of Lefferson for such motivation). Same rest of rejection as provided in claim 1 as applies to claim 16.
Regarding claim 17, Miskin discloses the lighting device of Claim 16, further comprising:
a housing including a reflective material or coating ([0017]: resistor in series; [0069]: phosphor coated LED); and
a lens, wherein the driver, the lens, and the at least one LED circuit are included within the housing ([0084]: The device 188 provides power connection leads 190 and 192 and may have a first or additional lens 194 that may be made of a plastic, polymer or other material used for light dispersion and the lens may be coated or doped with a phosphor or nano-crystals that would produce a change in the color or quality of light emitted from the device 130 through the lens 194; the device 188 includes the device 130 as disclosed in FIG. 11 mounted on an insulating substrate 28 such as but not necessarily ceramic or sapphire and integrated into an LED package 30 that may be various LED package sizes).
Regarding claim 18, Miskin discloses the lighting device of Claim 16, wherein the switch further includes a third position to cause the output voltage to be provided to the second LED circuit ([0030]: dimmer switch, see rejection in claim 7 regarding three positions of the three-way switch). Same motivation as applied.
Regarding claim 19, Miskin discloses the lighting device of Claim 18, wherein the switch is controllable by a user to change a color or a brightness of light emitting from the lighting device ([0030], [0038]: same or different colors or brightness).
Regarding claim 20, Miskin discloses the lighting device of Claim 16, wherein the at least one resistor is electrically connected between the switch and the first plurality of LEDs ([0032]: series resistor connect in series between the junction to the LEDs; [0030]: the driver of the LED circuit is connected to the switch).
Claim 10 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miskin in view of Sadwick (US 20100033095 A1, hereinafter “Sadwick”).
Regarding claim 10, Miskin discloses the lighting device of Claim 7, further comprising [a wire or resistor] electrically connected between the driver and the first plurality of phosphor coated LEDs (note: a fuse is not found in priority document, this claim does not inherit the priority date of 5/12/2010) (see at least [0017]).
However, it does not teach a fuse is electrically connected to the driver to the LED circuitry.
In analogous art, Sadwick teaches a fuse electrically connected to the driver to the LED circuitry (an AC input powers the conversion circuit through a fuse connected to the LED circuitry, see [0082]).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the fuse connection into the lighting device since it is desirable to enable the overload protection of the line ([0082], Sadwick), to prevent too much load, which too much load could cause the line to overheat and start a fire; hence, the fuse is at the front of any load on the line.
Claim 14 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miskin in view of Gass et al. (US 20020170399 A1, hereinafter “Gass”).
Regarding claim 14, Miskin discloses the lighting device of Claim 7; however, it does not teach further comprising a circuit configured to sense a proximity of a person or an object (note: this sensor is not found in priority document, this claim does not inherit the priority date of 5/12/2010).
In analogous art, Gass teaches a circuit configured to sense proximity of a person or an object ([0261]).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the fuse connection into the lighting device since it is desirable to enable a proximity sensor for sensing people or objects to preserve power.
Claim 7-9, 11-13 and 15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miskin in view of Lefferson and Sadwick.
Regarding claim 7, Miskin discloses a lighting device for connection to an AC power source, the lighting device comprising:
a first emitting diode (“LED”) circuit having a first plurality of phosphor coated LEDs, wherein the first plurality of phosphor coated LEDs are configured to emit the same or different colors of light from the LEDs ([0020]);
a power source adaptor electrically coupled to the AC power source ([0017]; [0088]: power source adaptor: the voltage source stage 216 provides universal AC mains inputs 228 that drive a diode bridge 230 used to deliver DC to the LED circuit driver system 214. Direct DC could eliminate the need for the universal AC input 228);
a driver including at least one bridge rectifier, the driver configured to receive an AC voltage from the power source adaptor and provide an output voltage to the first LED circuit ([0086]); and
at least one resistor provided in series with at least one of the first LED circuit ([0017]: resistor in series; [0069]: phosphor coated LED).
However, it does not disclose:
a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit;
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least: a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit.
In analogous art, Lefferson teaches a second LED circuit having a second plurality of phosphor coated LEDs, the second LED circuit being parallel to the LED circuit (LEDs 16 are provided in two circuits that are connected in electrically parallel relation to one another as depicted in FIG. 4);
a switch electrically connected to the first LED circuit and the second LED circuit, the switch including at least (a three-way switch actuator 72 that provides a bright light in a first position, a medium light in a second position and a low light in a third position is depicted in Fig. 6):
a first position to cause the output voltage to be provided to the first LED circuit, and a second position to cause the output voltage to be provided to the first LED circuit and the second LED circuit (in the first or "high light" position, current flows through capacitor 74 and conductors 74a, 74b to bypass capacitors 76 and 78. In the second, or medium light position, current flows through capacitors 74, 76, and conductors 76a, 74b to bypass capacitor 78. No current flows through conductor 74a because it is an open circuit when switch 72 is in said medium light position. In the third, or low light position, current flows through all three capacitors 74, 76, and 78 because conductors 74a, 76a, and 74b are open circuits).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the switch is incorporated with the two LED circuits to have an operatable lighting device that works for different illumination for the need of bed side night light since it is desirable to enabled a multi-way switching mechanism to control different brightness (see abstract of Lefferson for such motivation).
However, Miskin in view of Lefferson does not teach being controllable by a user to change a color or a brightness of light emitted from the lighting device.
In analogous art, controllable by a user to change a color or a brightness of light emitted from the lighting device ([0043]: human input, automated and automated control system to permit monitoring, control, dimming, turn on, turn off).
One of ordinary skilled in the art at the time of the invention would have been motivated to incorporate the user interaction portion since so it is beneficial to be able to control it by user means (see [0043], Sadwick).
Regarding claim 8, Miskin in view of Lefferson discloses the lighting device of Claim 7, further comprising a housing including a reflective material or coating, wherein at least the driver the first LED circuit, and the second LED circuit are included within the housing ([0085]: The device 198 includes a reflective device integrated into the package 30 for optimized light dispersion. The light emitting device 200 may be facing down towards the reflector 202 and opposite direction of light output from the lens 194 if the reflector 202 is integrated into the package 30 properly for such a design). Same motivation of combine for the second LED circuit is provided in claim 1 (see also the citation for the second LED circuit in claim 1).
Regarding claim 9, Miskin discloses the lighting device of Claim 8, further comprising a lens, wherein the lens is mounted to the housing ([0084]: The device 188 provides power connection leads 190 and 192 and may have a first or additional lens 194 that may be made of a plastic, polymer or other material used for light dispersion and the lens may be coated or doped with a phosphor or nano-crystals that would produce a change in the color or quality of light emitted from the device 130 through the lens 194; the device 188 includes the device 130 as disclosed in FIG. 11 mounted on an insulating substrate 28 such as but not necessarily ceramic or sapphire and integrated into an LED package 30 that may be various LED package sizes).
Regarding claim 11, Miskin discloses the lighting device of Claim 7, wherein the switch further includes a third position to cause the output voltage to be provided to the second LED circuit ([0030]: dimmer switch, see rejection in claim 7 regarding three positions of the three-way switch). Same motivation as applied.
Regarding claim 12, Miskin discloses the lighting device of Claim 11, wherein the switch is controllable by a user to change a color or a brightness of light emitted from the lighting device ([0030], [0038]: same or different colors or brightness).
Regarding claim 13, Miskin discloses the lighting device of Claim 11, wherein the at least one resistor is electrically connected between the switch and the first plurality of phosphor coated LEDs ([0032]: series resistor connect in series between the junction to the phosphor LED; [0030]: the driver of the LED circuit is connected to the switch).
Regarding claim 15, Miskin discloses the lighting device of Claim 7, wherein the LED lighting device is electrically coupled to a dimmer that is configured to dim the at least one LED circuit ([0030]: dimmer).
Response to Arguments
Applicant's arguments filed 9/3/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on the reference applied in the prior rejection of record for such new teaching or matter specifically challenged in the argument, for such scope of the claims of which the claims are constructed as newly amended.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA C KING whose telephone number is (571)270-3429. The examiner can normally be reached on Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached on (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA C KING/Primary Examiner, Art Unit 2844
9/29/2025