DETAILED ACTION
This Office Action is in response to the Applicant’s Communication filed on 10/15/2024. In virtue of the communication:
Claims 1-30 are pending in the instant application.
The references cited in the Information Disclosure Statement (IDS) filed on 11/22/2024 have been considered by the examiner.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 6, 11, 13, 5, 17 and 22 are objected to because of the following informalities:
In claim 1, line 15, “can receive” should be changed to --receives-- before “said signal”.
In claim 6, line 2, “antennal” should be changed to --antenna;--.
In claim 11, line 1, “can emit” should be changed to --emits-- before “a signal”.
In claim 13, line 1, “can analyze” should be changed to –analyzes-- before “the strength of the signal”.
In claim 15, lines 1-2, “can contain” should be changed to --contains-- before “multiple components”.
In claim 17, line 1, “can produce” should be changed to --produces-- before “a wavelength”.
In claim 22, line 2, “can support” should be changed to --supports-- before “bidirectional”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 6, 9, 10, 13, 15, 21, 23, 25 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “said at least one gateway” in line 4. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 2 recites the limitation “said one or more gateways” in line 2. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 6 recites the limitation “each gateway” in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 9 recites the limitation “said one or more gateway controllers” in line 3. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim. The phrase “said one or more gateway controllers” is contradicted to the limitation “at least one gateway controller” as cited in claim 1.
Claim 10 recites the limitation “said one or more gateways” in line 2. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 13 recites the limitation “said gateway” in line 2. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 15 recites the limitation “said way” in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 21 recites the limitation “said at least one gateway” in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 23 recites the limitation “said at least one gateway” in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Claim 25 recites the limitation “said gateway” in lines 1-2, and the limitations “said gateway or said gateway” in lines 2 and 3-4. There is insufficient antecedent basis for these limitation in the claims. The limitation “said gateway” is not clear because it is not previously cited in the claim. Moreover, limitations “said gateway or said gateway” are not clear to what gateway that the invention referred to.
Claim 26 recites the limitation “said way” in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. This limitation is not clear because it is not previously cited in the claim.
Clarification 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,120,795 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-28 of U.S. Patent ‘795 include the limitations that recited in claims 1-28 of the instant application, which are indicated as below:
Instant application
Patent 12,120,795 B2
1. A system for synchronous emission of modulated photons from two or more modulated LED lights, the system comprising: at least one gateway controller; a master clock within said at least one gateway, wherein said at least one gateway controller is capable of generating a signal transmitting the time of said master clock within said signal; two or more LED lights, wherein each LED light comprises: a controller; an internal clock; and at least one photon emitter, wherein said at least one photon emitter is capable of emission of photons; wherein the controller is in communication with the internal clock and the at least one photon emitter and wherein the time of the internal clock synchronizes the timing of the emission of photons from said at least one photon emitter; wherein each LED light can receive said signal from the gateway controller and wherein the controller of each LED light is capable of analyzing the time of said master clock of said signal from said gateway controller and comparing the time of the master clock with the time of the internal clock of the LED light.
1. A system for synchronous emission of modulated photons from two or more modulated LED lights, the system comprising: at least one master controller; a master clock within said at least one master controller, wherein said at least one master controller is capable of generating a signal transmitting the time of said master clock within said signal; two or more LED lights, wherein each LED light comprises: a controller; an internal clock; and at least one photon emitter, wherein said at least one photon emitter is capable of emission of photons; wherein the controller is in communication with the internal clock and the at least one photon emitter and wherein the time of the internal clock synchronizes the timing of the emission of photons from said at least one photon emitter; wherein each LED light is capable of receiving said signal from the master controller and wherein the controller of each LED light is capable of analyzing the time of said master clock of said signal from said master controller and comparing the time of the master clock with the time of the internal clock of the LED light.
2. The system of claim 1, wherein the time of the internal clock of each LED light of said two or more LED lights is synchronized with the master clock of said one or more gateways.
2. The system of claim 1, wherein the time of the internal clock of each LED light of said two or more LED lights is synchronized with the master clock of at least one master controller.
3. The system of claim 1, wherein each of said two or more LED lights further comprises a temperature sensor, wherein the temperature sensor is in communication with said controller.
3. The system of claim 1, wherein each of said two or more LED lights further comprises a temperature sensor, wherein the temperature sensor is in communication with said controller.
4. The system of claim 1, wherein each of said two or more LED lights further comprises a barometer, wherein the barometer is in communication with said controller.
4. The system of claim 1, wherein each of said two or more LED lights further comprises a barometer, wherein the barometer is in communication with said controller.
5. The system of claim 1, wherein each LED light of said two or more LED lights further comprises: at least one antenna; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; and a signal transmitter wherein said signal transmitter is capable of emitting a signal from each of said two or more LED lights and wherein said signal transmitter is in communication with said controller.
5. The system of claim 1, wherein each LED light of said two or more LED lights further comprises: at least one antenna; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; a signal transmitter, wherein said signal transmitter is capable of emitting a signal from each of said two or more LED lights and wherein said signal transmitter is in communication with said controller.
6. The system of claim 1, wherein each gateway further comprises: at least one antennal a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; and a signal transmitter wherein said signal transmitter is capable of emitting a signal from each master and wherein said signal transmitter is in communication with said controller.
6. The system of claim 1, wherein each master of said at least one master controller further comprises: at least one antenna; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; a signal transmitter, wherein said signal transmitter is capable of emitting a signal from said master and wherein said signal transmitter is in communication with said controller.
7. The system of claim 1, wherein each LED light of said two or more LED lights further comprises a power supply, wherein said power supply is operably coupled to the controller.
7. The system of claim 1, wherein each LED light of said two or more LED lights further comprises a power supply, wherein said power supply is operably coupled to the controller.
8. The system of claim 7, wherein said power supply is chosen from DC, AC, and battery.
8. The system of claim 7, wherein said power supply is chosen from DC, AC and battery.
9. The system of claim 1, wherein the internal clock of each LED light of said two or more LED lights is capable of synchronization between 1.0 ns and 1000 MS of master clock of said one or more gateway controllers.
9. The system of claim 1, wherein the internal clock of each LED light of said two or more LED lights is capable of synchronization between 10.0 ns and 1000 ms of master clock of said at least one master controller.
10. The system of claim 1, wherein each LED light of said two or more LED lights are commissioned and paired with a gateway of said one or more gateways.
10. The system of claim 1, wherein each LED light of said two or more LED lights are commissioned and paired with a master of said at least one master controller.
11. The system of claim 10, wherein said gateway can emit a signal to said LED light and wherein said LED light is capable of analyzing said signal from said gateway and is capable of requesting said gateway pair with said LED light.
11. The system of claim 10, wherein said master is capable of emitting a signal to said LED light and wherein said LED light is capable of analyzing said signal from said at least one master controller and is capable of requesting said master pair with said LED light.
12. The system of claim 11, wherein said analysis by said LED light is based on the strength of the signal from said gateway.
12. The system of claim 11, wherein said analysis by said LED light is based on the strength of the signal from said at least one master controller.
13. The system of claim 1, wherein said LED light can analyze the strength of the signal from said gateway.
13. The system of claim 1, wherein said LED light is capable of analyzing the strength of the signal from said at least one master controller.
14. The system of claim 13, wherein said LED light emits an indicator indicating the strength of the signal from said gateway.
14. The system of claim 13, wherein said LED light emits an indicator indicating the strength of the signal from said at least one master controller.
15. The system of claim 1, wherein said signal from said gateway can contain multiple components.
15. The system of claim 1, wherein said signal from said master is capable of containing multiple components.
16. The system of claim 1, wherein said LED light is chosen from light emitting diodes, incandescent lights, Fluorescent lights, high intensity discharge lights, High-Pressure Sodium, Low-Pressure Sodium, and Mercury Vapor.
16. The system of claim 1, wherein said LED light is chosen from light emitting diodes, and incandescent lights with a mechanical modulator, fluorescent lights with a mechanical modulator, high intensity discharge lights with a mechanical modulator, High-Pressure Sodium with a mechanical modulator, Low-Pressure Sodium with a mechanical modulator, and Mercury Vapor with a mechanical modulator.
17. The system of claim 1, wherein said LED light can produce a wavelength spectrum ranging from 0.1 to 1600 nm.
17. The system of claim 1, wherein said LED light is capable of producing a wavelength spectrum ranging from 1.0 to 1600 nm.
18. The system of claim 1, further comprising a gateway, wherein said gateway is operably linked to said one or more masters.
18. The system of claim 1, further comprising a gateway, wherein said gateway is operably linked to said at least one master controller.
19. The system of claim 18, wherein said gateway is hardwired to said one or more gateways.
19. The system of claim 18, wherein said gateway is hardwired to said at least one master controller
20. The system of claim 1, wherein said system comprises a gateway, wherein said gateway is capable of direct communication with said two or more LED lights.
20. The system of claim 1, wherein said system comprises a gateway, wherein said gateway is capable of direct communication with said two or more LED lights.
21. The system of claim 1, wherein said signal from said at least one gateway is communicated to each LED light of said two or more LED lights by hardwire.
21. The system of claim 1, wherein said signal from said at least one master is communicated to each LED light of said two or more LED lights by hardwire.
22. The system of claim 21, wherein said hardwire is chosen from ethernet, waveguide, AC electrical wires, DC electrical wire and fiber-optic that can support bidirectional and unidirectional communication.
22. The system of claim 21, wherein said hardwire is chosen from ethernet, waveguide, AC electrical wires, DC electrical wire and fiber-optic that supports bidirectional and unidirectional communication.
23. The system of claim 1, wherein said signal from said at least one gateway is communicated to each LED of said two or more LED lights wirelessly.
23. The system of claim 1, wherein said signal from said at least one master controller is communicated to each LED of said two or more LED lights wirelessly.
24. The system of claim 23, wherein said wireless communication is chosen from ultra-wide band, broadband, pulse radio frequency (RF), passive, Zigbee, wireless ad hoc network, mesh, and RFID.
24. The system of claim 23, wherein said wireless communication is chosen from ultra-wide band, broadband, pulse radio frequency (RF), passive, Zigbee, wireless ad hoc network, mesh, and RFID.
25. The system of claim 11, wherein said LED light is capable of emitting a signal to said gateway and wherein said gateway or said gateway is capable of analyzing said signal from said LED light gateway and is capable of requesting said LED light pair with said gateway or said gateway.
25. The system of claim 10, wherein said LED light is capable of emitting a signal to said paired master of said at least one master controller and wherein said paired master is capable of analyzing said signal from said LED light and is capable of requesting said LED light pair with said master.
26. The system of claim 1, further comprising at least one sensor, wherein said sensor is capable of receiving said signals from said gateway and wherein said sensor is capable if emitting a signal to said gateway.
26. The system of claim 1, further comprising at least one sensor, wherein said sensor is capable of receiving said signals from said at least one master controller and wherein said sensor is capable if emitting a signal to said at least one master controller.
27. The system of claim 26, wherein said signal from said sensor is capable of containing data.
27. The system of claim 26, wherein said signal from said sensor is capable of containing data.
28. The system of claim 26, wherein said sensor is chosen from a smoke, heat, fire, moisture, stem diameter, GPS, feeders, waterers, weight sensors, strain gauges, Pressure transducers, accelerometers, vibration, sound and vocalization to list of measurements, heart rate, blood pressure, ovulation, hormone tracking, such as pheromones, estrogen, testosterone and cortisol.
28. The system of claim 26, wherein said sensor is chosen from a smoke, heat, fire, moisture, stem diameter, GPS, feeders, waterers, weight sensors, strain gauges, Pressure transducers, accelerometers, vibration, sound and vocalization to list of measurements, vibration, sound and vocalization to list of measurements, heart rate, blood pressure, ovulation, hormone tracking, such as pheromones, estrogen, testosterone and cortisol.
Claims 1, 2, 5 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7 and 8 of U.S. Patent No. 12,446,138 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3, 7 and 8 of U.S. Patent ‘138 include the limitations that recited in claims 1, 2, 5 and 6 of the instant application, which are indicated as below:
Instant application
Patent 12,446,138 B2
1. A system for synchronous emission of modulated photons from two or more modulated LED lights, the system comprising: at least one gateway controller; a master clock within said at least one gateway, wherein said at least one gateway controller is capable of generating a signal transmitting the time of said master clock within said signal; two or more LED lights, wherein each LED light comprises: a controller; an internal clock; and at least one photon emitter, wherein said at least one photon emitter is capable of emission of photons; wherein the controller is in communication with the internal clock and the at least one photon emitter and wherein the time of the internal clock synchronizes the timing of the emission of photons from said at least one photon emitter; wherein each LED light can receive said signal from the gateway controller and wherein the controller of each LED light is capable of analyzing the time of said master clock of said signal from said gateway controller and comparing the time of the master clock with the time of the internal clock of the LED light.
1. A facility comprising: a system for inducing a desired biological response in an organism; and a system for synchronous emission of modulated photons from two or more modulated LED lights; wherein the system for synchronous emission of modulated photons from two or more modulated LED lights comprises: at least one master controller; a master clock within said at least one master controller, wherein said at least one master controller is capable of generating a signal transmitting the time of said master clock within said signal; two or more LED lights, wherein each LED light comprises: a controller; an internal clock; and at least one photon emitter, wherein said at least one photon emitter is capable of emission of photons; wherein the controller is in communication with the internal clock and the at least one photon emitter and wherein the time of the internal clock synchronizes the timing of the emission of photons from said at least one photon emitter; wherein each LED light is capable of receiving said signal from the master controller and wherein the controller of each LED light is capable of analyzing the time of said master clock of said signal from said master controller and comparing the time of the master clock with the time of the internal clock of the LED light; wherein said system for inducing a desired biological response in an organism is produced from said system for synchronous emission of modulated photons from two or more modulated LED lights.
5. The system of claim 1, wherein each LED light of said two or more LED lights further comprises: at least one antenna; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; and a signal transmitter wherein said signal transmitter is capable of emitting a signal from each of said two or more LED lights and wherein said signal transmitter is in communication with said controller.
2. The facility of claim 1, wherein each LED light of said two or more LED lights further comprises: at least one wireless receiver or transmitter; a signal receiver, wherein said signal receiver is operably coupled to said wireless receiver or transmitter and wherein said signal receiver is in communication with said controller; a signal transmitter, wherein said signal transmitter is capable of emitting a signal from each of said two or more LED lights and wherein said signal transmitter is in communication with said controller.
6. The system of claim 1, wherein each gateway further comprises: at least one antennal; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; and a signal transmitter wherein said signal transmitter is capable of emitting a signal from each master and wherein said signal transmitter is in communication with said controller.
3. The facility of claim 2, wherein each master further comprises: at least one wireless receiver or transmitter; a signal receiver, wherein said signal receiver is operably coupled to said wireless receiver or transmitter and wherein said signal receiver is in communication with said controller; a signal transmitter, wherein said signal transmitter is capable of emitting a signal from said master and wherein said signal transmitter is in communication with said controller.
2. The system of claim 1, wherein the time of the internal clock of each LED light of said two or more LED lights is synchronized with the master clock of said one or more gateways.
7. The facility of claim 1 wherein the time of the internal clock of each LED light of said two or more LED lights is synchronized with the master clock of said one or more masters.
6. The system of claim 1, wherein each gateway further comprises: at least one antenna; a signal receiver, wherein said signal receiver is operably coupled to said antenna and wherein said signal receiver is in communication with said controller; and a signal transmitter wherein said signal transmitter is capable of emitting a signal from each master and wherein said signal transmitter is in communication with said controller.
8. The facility of claim 7, wherein each master further comprises: at least one wireless receiver or transmitter; a signal receiver, wherein said signal receiver is operably coupled to said wireless receiver or transmitter and wherein said signal receiver is in communication with said controller; a signal transmitter, wherein said signal transmitter is capable of emitting a signal from said master and wherein said signal transmitter is in communication with said controller.
Allowable Subject Matter
Claims 29 and 30 are allowed.
None of the prior art references teaches the limitation “wherein the controller of each LED is configured to synchronize a time of the internal clock of the LED with the timing of an emission of photons from said at least one photon emitter of the LED; generate a signal from said at least one master controller, wherein said signal contains the time of said master clock within said signal and a time the signal is sent: receive said signal within each LED; analyze within the controller of said LED the time of said master clock and the time the signal was sent from said master controller; and compare the time of said master clock and the time the signal was sent from said master controller with the time of the internal clock of the LED; and synchronize the internal clock of the LED with the master clock of said master controller” (as recited in claims 29 and 30).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T VU whose telephone number is (571)272-1832. The examiner can normally be reached on 9:00 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H. Taningco can be reached on 571-272-8048. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2800.
/JIMMY T VU/Primary Examiner, Art Unit 2844