DETAILED ACTION
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 .
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6, 8, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoogzaad et al (WO 2009095854 A2). The Hoogzaad reference discloses a method for determining the temperature of a light-emitting device, the method comprising:
operating the light-emitting device during an on-interval and during an off-interval (p. 3, ll. 8)
measuring, during at least one sensing interval, at least one electrical energy across the light-emitting device, wherein the at least one sensing interval is included in the off- interval and wherein each of the at least one sensing intervals has a duration equal to or less than a duration of the off-interval (p. 3, ll. 9-23); and
determining, at least one temperature value of the light-emitting device based on the measured at least one electrical energy (p. 5, ll. 1-20).
With respect to claim 2, the sensing interval occurs during the entire off-interval (Fig. 1A).
With respect to claim 6, see Figure 1A.
With respect to claim 8, see p. 7, ll. 15-19
With respect to claim 12-13, see p. 6, ll. 10-31.
With respect to claim 14, see Figure 1D.
With respect to claim 15, see Figure 2.
Conclusion
Claims 3-7 and 9-11 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The other references of record show a method and apparatus similar to applicant’s claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/Primary Examiner, Art Unit 2855
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