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 .
Response to Amendment
This office action is responsive to the amendment filed on 7/28/2026. As directed by the amendment, the status of the claim(s) are:
Claim(s) 1 has/have been amended;
Claim(s) 2-20 is/are new;
Claim(s) 1-20 is/are presently pending.
The amendment(s) to the claim(s) is/are sufficient to overcome the double patenting rejection(s) from the previous office action. However, new grounds of double patenting rejections are warranted due to amendments; see below.
Response to Arguments
With regard to claim rejections under double patenting, Applicant’s arguments have been fully considered but are moot in light of new grounds of rejection due to claim amendment(s).
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites “form the normalized solar spectrum…”; which is a typo, a suggested edit is “from the normalized solar spectrum…” which is how the claim will be interpreted below.
Appropriate correction is required.
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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Claim(s) 1-19 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 2-9, 12-13, 17-19 of U.S. Patent No. 11213693. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim(s) is/are broader than the corresponding claim(s) in the reference patent and thus the corresponding claim(s) is/are a species of the more generic instant claim(s). It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Furthermore, they are not patentably distinct from each other because the instant application claim(s) overlap in scope with and are anticipated and/or obvious over the reference claim(s).
Regarding claim 1, U.S. Patent No. 11213693 teaches a light device (claim 17 “light emitting diode”), comprising:
a substrate (claim 17 “light emitting diode” inherently had substrate); and
a plurality of light emitters disposed on the substrate (claim 17 “light emitting diode…first and second light sources”), at least one of the plurality of light emitters configured to emit a light having a wavelength range from 380 nm to 780 nm (claim 17 “from 380 nm to 780 nm”) and having a spectrum including an area that overlaps at least 55% of a normalized solar spectrum (claim 17 “overlaps at least 55% of an area of a normalized solar spectrum”), wherein:
a valley wavelength of the light has a deviation equal to or less than 0.15 from the normalized solar spectrum in a wavelength range from 460 nm to 490 nm (claim 17 “a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm”; claim 19 “a deviation equal to or less than 0.15 from the normalized solar spectrum in the wavelength range from 450 nm to 530 nm”);
the light emitted from the plurality of light emitters has a color temperature range (claim 17 “a color temperature”); and
in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a lower color temperature (claim 17 “a wavelength range from 380 nm to 490 nm; a color temperature of the light emitted from the first light source is in a range of 2600K to 6500K; and the deviation of the peak wavelength has the greatest value when the light emitted from the first light source has the color temperature of 6500K.”).
Regarding claim 2, U.S. Patent No. 11213693 teaches wherein a peak wavelength of the light has a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm (claim 17 “a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm”).
Regarding claim 3, U.S. Patent No. 11213693 teaches wherein a spectrum of the light includes an area that overlaps at least 55% of the normalized solar spectrum when a color temperature of the light is in a range of 2600K to 3700K (claim 17 “light overlaps at least 55%... a range of 2600K to 6500K”).
Regarding claim 4, U.S. Patent No. 11213693 teaches wherein a peak wavelength of the light has a deviation equal to or less than 0.10 from the normalized solar spectrum (claim 4).
Regarding claim 5, U.S. Patent No. 11213693 teaches wherein a spectrum of the light includes an area that overlaps at least 70% of the normalized solar spectrum when a color temperature of the light is in a range from 3700K to 4700K (claim 5).
Regarding claim 6, U.S. Patent No. 11213693 teaches wherein a peak wavelength of the light has a deviation equal to or less than 0.13 from the normalized solar spectrum (claim 6).
Regarding claim 7, U.S. Patent No. 11213693 teaches wherein a spectrum of the light includes an area that overlaps at least 75% of the normalized solar spectrum when a color temperature of the light is in a range from 4700K to 7000K (claim 7).
Regarding claim 8, U.S. Patent No. 11213693 teaches wherein a peak wavelength of the light has a deviation equal to or less than 0.14 from the normalized solar spectrum (claim 8; claim 17 “a peak wavelength of the light emitted from the first light source has a deviation equal to or less than 0.14 from the normalized solar spectrum”).
Regarding claim 9, U.S. Patent No. 11213693 teaches wherein the plurality of light emitters include a first light emitter and a second light emitter having a color temperature that is different from a color temperature of the first light emitter (claim 17 “first light source…second light source”).
Regarding claim 10, U.S. Patent No. 11213693 teaches a light device (claim 17 “light emitting diode”), comprising:
a substrate (claim 17 “light emitting diode” inherently had substrate);
a plurality of light emitters disposed on the substrate (claim 17 “light emitting diode…first and second light sources”), at least one of the plurality of light emitters configured to emit a light having a color temperature in a range of 2600K to 7000K (claim 17 “a wavelength range from 380 nm to 490 nm; a color temperature of the light emitted from the first light source is in a range of 2600K to 6500K; and the deviation of the peak wavelength has the greatest value when the light emitted from the first light source has the color temperature of 6500K.”), wherein:
a peak wavelength of the light has a first deviation equal to or less than 0.14 from a normalized solar spectrum in a wavelength range from 380 nm to 490 nm (claim 17 “a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm”);
a valley wavelength of the light has a second deviation from the normalized solar spectrum in the wavelength range from 380 urn to 490 nm, the second deviation being equal to or greater than the first deviation (claim 19 “wherein a peak wavelength of the light emitted from the first light source has a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm, and a valley wavelength of the light emitted from the first light source has a deviation equal to or less than 0.15 from the normalized solar spectrum in the wavelength range from 450 nm to 530 nm.”); and
in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in the wavelength range from 380 nm to 490 nm of the light having a lower color temperature (claim 17 “a color temperature of the light emitted from the first light source is in a range of 2600K to 6500K; and the deviation of the peak wavelength has the greatest value when the light emitted from the first light source has the color temperature of 6500K.”; claim 19 “wherein a peak wavelength of the light emitted from the first light source has a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm, and a valley wavelength of the light emitted from the first light source has a deviation equal to or less than 0.15 from the normalized solar spectrum in the wavelength range from 450 nm to 530 nm.”).
Regarding claim 11, U.S. Patent No. 11213693 teaches wherein a difference between the first deviation and the second deviation decreases as the color temperature of the light increases from 3000K to 5000K (claim 9 “a difference between the first deviation and the second deviation decreases as the color temperature of the light increases from 3000K to 5000K”).
Regarding claim 12, U.S. Patent No. 11213693 teaches wherein the plurality of light emitters include a first light emitter and a second light emitter having a color temperature that is different from a color temperature of the first light emitter (claim 17 “first light source…second light source”).
Regarding claim 13, U.S. Patent No. 11213693 teaches wherein the light device is configured to treat myopia (claim 12).
Regarding claim 14, U.S. Patent No. 11213693 teaches wherein the light device is configured to reduce eye stress (claim 13).
Regarding claim 15, U.S. Patent No. 11213693 teaches a light device, comprising:
a substrate (claim 17 “light emitting diode”);
a plurality of light emitters disposed on the substrate (claim 17 “light emitting diode…first and second light sources”), at least one of the plurality of light emitters configured to emit a light having a wavelength range from 380 nm to 780 nm (claim 17 “from 380 nm to 780 nm”), wherein:
a peak wavelength of the light has a deviation equal to or less than 0.14 from a normalized solar spectrum in a wavelength range from 380 nm to 490 nm (claim 17 “a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm”);
a color temperature of the light emitted from the plurality of light emitters is in a range of 2600K to 6500K (claim 17 “a wavelength range from 380 nm to 490 nm; a color temperature of the light emitted from the first light source is in a range of 2600K to 6500K; and the deviation of the peak wavelength has the greatest value when the light emitted from the first light source has the color temperature of 6500K.”); and
in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a lower color temperature (claim 17 “a color temperature of the light emitted from the first light source is in a range of 2600K to 6500K; and the deviation of the peak wavelength has the greatest value when the light emitted from the first light source has the color temperature of 6500K.”; claim 19 “wherein a peak wavelength of the light emitted from the first light source has a deviation equal to or less than 0.14 from the normalized solar spectrum in a wavelength range from 380 nm to 490 nm, and a valley wavelength of the light emitted from the first light source has a deviation equal to or less than 0.15 from the normalized solar spectrum in the wavelength range from 450 nm to 530 nm.”).
Regarding claim 16, U.S. Patent No. 11213693 teaches wherein a valley wavelength of the light has a deviation equal or less than 0.15 from the normalized solar spectrum in a wavelength range from 460 nm to 490 nm (claim 2; claim 19 “a valley wavelength of the light emitted from the first light source has a deviation equal to or less than 0.15 from the normalized solar spectrum in the wavelength range from 450 nm to 530 nm.”).
Regarding claim 17, U.S. Patent No. 11213693 teaches wherein a spectrum of the light includes an area that overlaps at least 55% of the normalized solar spectrum when the color temperature of the light is in a range of 2600K to 3700K (claim 3).
Regarding claim 18, U.S. Patent No. 11213693 teaches wherein the plurality of light emitters includes a first light emitter configured to emit light in an ultraviolet wavelength range (claim 17 “ultraviolet”),
wherein the light emitted from the first light emitter is configured to promote synthesis of Vitamin D (ultraviolet would promote Vitamin D synthesis; Where a reference discloses the terms of the recited method steps, and such steps necessarily result in the desired and recited effect, that the reference does not describe the recited effect in haec verba is of no significance as the reference meets the claim under the doctrine of inherency. Ex Parte Novitski, 26 USPQ2d 1389, 1390-91 (BdPatApp & Inter 1993).
Regarding claim 19, U.S. Patent No. 11213693 teaches wherein the plurality of light emitters includes a first light emitter configured to emit light in an infrared wavelength range (claim 18 “to emit light in an infrared wavelength range”).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 17, 19 of U.S. Patent No. 11213693 in view of claim(s) 1, 9, 12-13 of U.S. Patent No. 12070617.
Regarding claim 20, U.S. Patent No. 11213693 does not teach wherein the plurality of light emitters includes a first light emitter and a second light emitter having a color temperature that is different from a color temperature of the first light emitter. However, U.S. Patent No. 12070617 teaches in the same field of endeavor (CON of U.S. Patent No. 11213693) wherein the plurality of light emitters includes a first light emitter and a second light emitter having a color temperature that is different from a color temperature of the first light emitter (claim 1 “a second light emitter configured to emit a second light having a higher color temperature than that of the first light”; claim 9 “a second light having a higher color temperature than of the first light;”). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of U.S. Patent No. 11213693 to include this feature as taught by U.S. Patent No. 12070617 because this enables having multiple color temperatures in order to treat as needed (claims 12-13).
Allowable Subject Matter with respect to 102/103
The prior art of record does not disclose or fairly suggest either singly or in combination the claimed invention of independent claim 1 when taken as a whole, comprising, in addition to the other recited claim elements, in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a lower color temperature.
The prior art of record does not disclose or fairly suggest either singly or in combination the claimed invention of independent claim 10 when taken as a whole, comprising, in addition to the other recited claim elements, in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in the wavelength range from 380 nm to 490 nm of the light having a lower color temperature.
The prior art of record does not disclose or fairly suggest either singly or in combination the claimed invention of independent claim 15 when taken as a whole, comprising, in addition to the other recited claim elements, in a color temperature range of 2600K to 4000K, a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a higher color temperature is configured to be greater than a deviation of a peak wavelength in a wavelength range from 380 nm to 490 nm of the light having a lower color temperature.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Jonathan T Kuo whose telephone number is (408)918-7534. The examiner can normally be reached M-F 10 a.m. - 6 p.m. PT.
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
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