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 .
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).
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Claims 1-2 and 6-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-7 of U.S. Patent No. 12181145. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Instant Application
U.S. Patent No. 12181145
Claim 1 recites;
An optical device being made of transparent material and comprising:
a front wall constituting a front portion,
a coupling portion configured to mechanically connect to a light source system, and
side walls between the coupling portion and the front portion,
wherein the front wall is configured to let through a first part of light emitted by the light source system and the side walls are configured to let through a second part of the light, and surfaces of the side walls are shaped to have grooves to refract at least 80% of the second part of the light obliquely rearwards with respect to a first direction from a geometric center point of the coupling portion to a geometric center point of the front portion, and
wherein the optical device comprises auxiliary side walls between the side walls and connected to the coupling portion, the auxiliary side walls being directed towards the front portion and being shaped to have deviations from a planar shape to modify a distribution of the second part of the light penetrating the auxiliary side walls and falling on inner surfaces of the side walls.
Claim 5 incorporated all the limitations of claim 1.
Claim 1 recites;
An optical device being made of transparent material and comprising:
a front wall constituting a front portion,
a coupling portion configured to mechanically connect to a light source system, and
side walls between the coupling portion and the front portion,
wherein the front wall is configured to let through a first part of light emitted by the light source system and the side walls are configured to let through a second part of the light, and surfaces of the side walls are shaped to have grooves to refract at least 80% of the second part of the light obliquely rearwards with respect to a first direction from a geometric center point of the coupling portion to a geometric center point of the front portion, and wherein each of the grooves has a first side and a second side, the second side being angled with respect to the first direction so that an angle between a geometric normal of the second side and the first direction is greater in a first one of the grooves that is closer to the coupling portion than in a second one of the grooves that is closer to the front portion.
Claim 5 recites;
wherein the optical device comprises auxiliary side walls between the side walls and connected to the coupling portion, the auxiliary side walls being directed towards the front portion and being shaped to have deviations from a planar shape to modify a distribution of the second part of the light penetrating the auxiliary side walls and falling on inner surfaces of the side walls.
Claim 2 recites;
wherein each of the grooves has a first side and a second side, the second side being angled with respect to the first direction so that an angle between a geometric normal of the second side and the first direction is greater in a first one of the grooves that is closer to the coupling portion than in a second one of the grooves that is closer to the front portion.
Claim 1 recites;
wherein each of the grooves has a first side and a second side, the second side being angled with respect to the first direction so that an angle between a geometric normal of the second side and the first direction is greater in a first one of the grooves that is closer to the coupling portion than in a second one of the grooves that is closer to the front portion.
Claim 6 recites;
wherein the auxiliary side walls are parallel with each other.
Claim 6 recites;
wherein the auxiliary side walls are parallel with each other.
Claim 7 recites;
wherein the auxiliary side walls are angled with respect each other so that an angle between the auxiliary side walls opens towards the light source.
Claim 7 recites;
wherein the auxiliary side walls are angled with respect each other so that an angle between the auxiliary side walls opens towards the light source.
Claims 12 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 12181145 granted to Laakkio et al., Laakkio hereinafter, in view of Unger et al. (DE 20314606 U1, cited by applicant), Unger hereinafter.
Examiner’s note
The following rejection is based on a foreign reference DE 20314606 U1. For examination purpose reference is been made to a copy of a machine translation of the applied reference, which is hereby provided.
Regarding claim 12, claim 5 incorporated all the limitations of claim 1; claim 1 of Laakkio teaches an optical device being made of transparent material and comprising:
a front wall constituting a front portion,
a coupling portion configured to mechanically connect to a light source system, and
side walls between the coupling portion and the front portion,
wherein the front wall is configured to let through a first part of light emitted by the light source system and the side walls are configured to let through a second part of the light, and surfaces of the side walls are shaped to have grooves to refract at least 80% of the second part of the light obliquely rearwards with respect to a first direction from a geometric center point of the coupling portion to a geometric center point of the front portion, and wherein each of the grooves has a first side and a second side, the second side being angled with respect to the first direction so that an angle between a geometric normal of the second side and the first direction is greater in a first one of the grooves that is closer to the coupling portion than in a second one of the grooves that is closer to the front portion.
Claim 5 recites;
wherein the optical device comprises auxiliary side walls between the side walls and connected to the coupling portion, the auxiliary side walls being directed towards the front portion and being shaped to have deviations from a planar shape to modify a distribution of the second part of the light penetrating the auxiliary side walls and falling on inner surfaces of the side walls.
However, Laakkio is missing the limitations directed to a lighting apparatus comprising a light source system, and the light source system comprising a light source and being positioned at the coupling portion of the optical device.
In the same field of endeavor, Unger discloses a lighting apparatus comprising a light source system (8, ¶ [18], fig. 1) and an optical device (4), and the light source system (8) comprising a light source (2, 3, ¶ [18]) and being positioned at the coupling portion (7, ¶ [18], fig. 1) of the optical device (see fig 1).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of effective filing of the claimed invention to include limitations directed to a lighting apparatus comprising a light source system, and the light source system comprising a light source and being positioned at the coupling portion of the optical device as taught by Unger in claim 1 of Laakkio, since these are common elements used on the art for lighting apparatus.
Regarding claim 13, claim 5 incorporated all the limitations of claim 1; claim 1 of Laakkio teaches an optical device being made of transparent material and comprising:
a front wall constituting a front portion,
a coupling portion configured to mechanically connect to a light source system, and
side walls between the coupling portion and the front portion,
wherein the front wall is configured to let through a first part of light emitted by the light source system and the side walls are configured to let through a second part of the light, and surfaces of the side walls are shaped to have grooves to refract at least 80% of the second part of the light obliquely rearwards with respect to a first direction from a geometric center point of the coupling portion to a geometric center point of the front portion, and wherein each of the grooves has a first side and a second side, the second side being angled with respect to the first direction so that an angle between a geometric normal of the second side and the first direction is greater in a first one of the grooves that is closer to the coupling portion than in a second one of the grooves that is closer to the front portion.
Claim 5 recites;
wherein the optical device comprises auxiliary side walls between the side walls and connected to the coupling portion, the auxiliary side walls being directed towards the front portion and being shaped to have deviations from a planar shape to modify a distribution of the second part of the light penetrating the auxiliary side walls and falling on inner surfaces of the side walls.
However, Laakkio is missing the limitations directed to a lighting system comprising a floor and a ceiling to be illuminated and at least one lighting apparatus between the floor and the ceiling, the lighting apparatus comprising a light source system, the light source system comprising a light source and being positioned at the coupling portion of the optical device, wherein the front wall of the optical device of the lighting apparatus is directed towards the floor.
In the same field of endeavor, Unger discloses a lighting system comprising a floor and a ceiling (a room (¶ [03]) comprises floor and ceiling) to be illuminated and at least one lighting apparatus (1, ¶ [18, fig. 1]) between the floor and the ceiling, the lighting apparatus (1) comprising a light source system (8), the light source system (8) comprising a light source (2, 3, ¶ [18]) and being positioned at the coupling portion (7) of the optical device, wherein the front wall of the optical device (4) of the lighting apparatus is directed towards the floor.
Therefore, it would have been obvious to a person of ordinary skill in the art at the time of effective filing of the claimed invention to include limitations directed to a lighting system comprising a floor and a ceiling to be illuminated and at least one lighting apparatus between the floor and the ceiling, the lighting apparatus comprising a light source system, the light source system comprising a light source and being positioned at the coupling portion of the optical device, wherein the front wall of the optical device of the lighting apparatus is directed towards the floor as taught by Unger in claim 1 of Laakkio, since these are common elements used on the art for lighting systems.
Allowable Subject Matter
Claims 3-5, 8-11 and 14-18 are objected to as being dependent upon a rejected base claim, but would be allowable if at least one the limitations indicated below were included in the base claim.
Rejected claim 1 of the instant application has the same scope as claim 5, which incorporated all the limitations of claim 1 of U.S. Patent No. 12181145; which was found to be novel since its limitation has not been found, taught, suggested or render obvious by the prior art of the record with a reasonable expectation of success, which it makes this claim allowable over the prior art, thus the patent was granted.
Regarding claims 3-5, 8-11 and 14-18, the claims are objected to as being dependent upon a rejected base on the ground of nonstatutory double patenting, but would be allowable if the nonstatutory double patenting rejection of claim 1 is overcome.
Conclusion
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/JOSE M DIAZ/ Examiner, Art Unit 2875
/JAMES R GREECE/ Supervisory Patent Examiner, Art Unit 2875
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