DETAILED ACTION
Applicant’s response, dated 1/6/26, has been entered.
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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mollnow [US 2011/0285292].
As to claim 1 and its dependent claims, the claims recite a light source which provides light [see abstract of Mollnow] which is mixed from light emitting devices each having different wavelengths or color temperatures [see 104a-d in figure 1, see also paragraphs 17 and 37]. Applicant specifies a specific ‘band’ of natural light similarity in the claim language which is generated by a controller [see Mollnow, 108, figure 1], however, Mollnow is capable of producing any sort of light desired by a user [see paragraphs 11-13, which recite the details that any known LED or combination of LEDs may be used and individually powered at any level desired by a user, see also figure 2]. Because Mollnow is capable of producing the light as recited in applicant’s claim language, those claims are at least fairly taught by Mollnow.
As to claims 2, 3, 5, 6, 11, 12, 13, and 14, these claims all recite further limitations on the light emitted, light which may be reproduced by the lighting unit as taught by Mollnow [see rejection, above].
In claims 4, applicant recites an inherent limitation (the limitations in claim 4 naturally and necessarily follow the equation given in claim 1).
As to claim 8, Mollnow teaches the use of LEDs and phosphors [see paragraph 12].
As to claim 9, Mollnow teaches the use of a controller [see 202, figure 2].
As to claim 10, Mollnow teaches the use of multiple colored LEDs [see paragraph 11].
As to claim 16, Mollnow discloses wherein the controller is further configured to control a power ratio or duty ratio applied to the plurality of light emitting devices [see paragraphs 20, 38-40].
As to claim 17, Mollnow discloses wherein the controller is further configured to control the light intensity ratio through voltage control [see paragraph 38].
Applicant must distinguish their invention from the prior art by positively reciting the structure and elements of the lighting unit in the claim language which allow it to create a specified light pattern in a novel and nonobvious way.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mollnow in view of Dupras [US 20180014375].
As to claim 15, Mollnow discloses a light emitting apparatus [see figure 2], comprising a plurality of light emitting devices configured to emit light having different correlated color temperatures [see 100, figure 2, see also paragraphs 11-13], and a controller configured to control a light intensity ratio of the plurality of light emitting devices for each time period of day [see 202, figure 2]. Mollnow fails to explicitly disclose wherein the controller drives the light sources in order to mimic or in accordance with changes in natural light during the day so that light emitted from the light emitting apparatus matches the natural light during the time period. Dupras teaches configuring a controller so as to modify emitted light in accordance with the type of natural light throughout the day was well known [see paragraph 10]. It would have been obvious to configure the controller as claimed, depending on the type of light desired by a user [see Mollnow, paragraph 100].
Response to Arguments
Applicant's arguments filed 1/6/26 have been fully considered but they are not persuasive. Applicant argues Mollnow fails to teach the specific equation put forth in claim 1, and therefore does not anticipate the claim language. Examiner’s contention is that the claims are too broad. If one were to assume color mixing two LEDs is well known in the art, applicant’s claimed invention is only distinguishable from the art based on the fact that the light produced is close to that of natural light. It is Examiner’s contention that one desiring such light would recognize that Mollnow can create light as desired by mixing colored LEDs as disclosed. Put another way, if the controller is set to generate a specific wavelength, and that wavelength satisfies the similarity as claimed, then the controller has controlled a light intensity ratio such that the natural light similarity S is generated as claimed. Examiner also notes that a 102 rejection could likely be made with Dupras or Pickard [see PTO-892 dated 10/22/25].
Conclusion
THIS ACTION IS MADE FINAL. 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 BRYON GYLLSTROM whose telephone number is (571)270-1498. The examiner can normally be reached M-F 9:30-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON T GYLLSTROM/Primary Examiner, Art Unit 2875