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 .
Information Disclosure Statement
The information disclosure statement (IDS) is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior patent granted Application No. 18460527. This is a statutory double patenting rejection. The applicant may response to the examiner by contacting Monica.King@USPTO.GOV or (571) 270-3429.
Prior Patent Granted Application No. 18460527
Current Application 18794717
1. A lighting device, comprising: a carrier having an operating orientation, a longitudinal axis, a first planar face, and a second planar face; the first planar face having a top and a bottom separated from one another along the longitudinal axis, the second planar face having a top and a bottom separated from one another along the longitudinal axis, a plurality of first LEDs mounted to the first planar face, at least one of the first LEDs being a lower first LED, at least two of the first LEDs being mid first LEDs, at least one of the first LEDs being an upper first LED; at least one said lower first LED, at least one said mid first LED, and at least one said upper first LED forming a first line; a plurality of second LEDs mounted to the second planar face, at least one of the second LEDs being a lower second LED, at least two of the second LEDs being mid second LEDs, at least one of the second LEDs being an upper second LED; at least one said lower second LED, one said mid second LED, and one said upper second LED forming a second line; at least one of the second LEDs which forms the second line having a beam axis that is angularly offset from a beam axis of at least one of the first LEDs which forms the first line; and a controller in communication with the plurality of LEDs to cause the plurality of LEDs to simulate a flame, wherein the controller: actuates at least one said lower first LED and at least one said lower second LED to simulate combustion at a bottom of a flame; actuates at least some of the mid first LEDs and at least some of the mid second LEDs to simulate a rise in flame height; and actuates at least one said upper first LED and at least one said upper second LED to flicker to simulate a flame tip.
1. A lighting device, comprising: a carrier having an operating orientation, a longitudinal axis, a first planar face, and a second planar face; the first planar face having a top and a bottom separated from one another along the longitudinal axis, the second planar face having a top and a bottom separated from one another along the longitudinal axis, a plurality of first LEDs mounted to the first planar face, at least one of the first LEDs being a lower first LED, at least two of the first LEDs being mid first LEDs, at least one of the first LEDs being an upper first LED; at least one said lower first LED, at least one said mid first LED, and at least one said upper first LED forming a first line; a plurality of second LEDs mounted to the second planar face, at least one of the second LEDs being a lower second LED, at least two of the second LEDs being mid second LEDs, at least one of the second LEDs being an upper second LED; at least one said lower second LED, one said mid second LED, and one said upper second LED forming a second line; at least one of the second LEDs which forms the second line having a beam axis that is angularly offset from a beam axis of at least one of the first LEDs which forms the first line; and a controller in communication with the plurality of LEDs to cause the plurality of LEDs to simulate a flame, wherein the controller: actuates at least one said lower first LED and at least one said lower second LED to simulate combustion at a bottom of a flame; actuates at least some of the mid first LEDs and at least some of the mid second LEDs to simulate a rise in flame height; and actuates at least one said upper first LED and at least one said upper second LED to flicker to simulate a flame tip.
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 Mon-Fri.
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/MONICA C KING/ Primary Examiner, Art Unit 2844
11/28/2025
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