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 .
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.
Claim(s) 1, 3, 4, 8, 9, 11, 13, 14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Green et al. (US 2019/0353340 A1).
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Regarding claim 1, Green et al. teaches a downlight fixture comprising:
a housing (112; figure 1A) comprising, a top wall (112e; see 112e in figure 1A where 112e is a top and bottom wall), opposing side walls (112a), a bottom wall (112e is a top and bottom wall; figure 1A) with a downlight opening (see opening in 102e; figure 1A);
an interior dividing wall (104) extending between the opposing side walls (112a,) creating a larger main compartment at one end of the housing (112) for receiving a lighting module (see paragraph [0059] where light module is disclosed) and a smaller junction box compartment (190) at the opposing second end of the housing (112), said interior dividing wall having an access opening (see figure 1A) therein;
an access panel (192) which is removably securable with the access opening (see figure 1A) from within the main compartment (inside of housing 112);
a first removable end panel (see figure 1A) at the junction compartment end of the housing (112); and a second removable end panel at the main compartment end of the housing (112);
wherein the entirety of the housing is constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (see paragraph [0004] and [0034] where fire resistance rating of housing is disclosed).
Regarding claim 3, Green et al. teaches the downlight fixture of claim 1 wherein the housing (112) further includes an integrated wire conduit extending between the interior dividing wall and a terminal lip wall of the main compartment (see paragraph [0038] where wiring is disclosed), creating a dedicated wiring path from the junction box compartment (109) to the terminal lip wall of the main compartment ((see 102d in at least figure 1A), said wire conduit being constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (see paragraph [0004] and [0034] where fire resistance rating of fixture is disclosed).
Regarding claim 4, Green et al. teaches the downlight fixture of claim 1 further comprising: an LED lighting fixture (figure 1A) receivable through the downlight opening (104) and disposed within the main compartment (inside of 112); an LED driver module (see paragraph [0059] where LED driver is disclosed) removably secured to an exterior side of the dividing wall access panel so as to reside within the junction box compartment (109) when the dividing wall access panel is secured in position (see figure 1A).
Regarding claim 8, Green et al. teaches the downlight fixture of claim 1 wherein the side and top housing walls (112a and 112e) include at least one knockout in communication with the junction box compartment (190; see paragraph [0038] where knockouts are disclosed).
Regarding claim 9, Green et al. teaches the downlight fixture of claim 1 wherein the top wall (112e; figure 1A) and opposing side walls (112a; figure 1A) are formed in a U-shaped configuration (see figure 1A), the bottom wall (102e; see figure 1A) includes upward turned securing tabs (102d) removable secured to the terminal edges of the opposing side walls (112a) and the end wall panels are removably secured to inward turned terminal lip edges of the top wall and opposing side walls (see figure 1A).
Regarding claim 11, Green et al. teaches the downlight fixture of claim 2 wherein the top wall (112e; figure 1A) and opposing side walls (112a; figure 1A) are formed in a U-shaped configuration (see figure 1A), the bottom wall (102e; figure 1A) includes upward turned securing tabs (102d) removable secured to the terminal edges of the opposing side walls (112a) and the end wall panels are removably secured to inward turned terminal lip edges of the top wall and opposing side walls (see figure 1A).
Regarding claim 13, Green et al. teaches the downlight fixture of claim 1 further comprising first and second telescoping and vertically adjustable hanger bar assemblies (214; figure 5) disposed on opposing sides of the housing (housing 112).
Regarding claim 14, Green et al. teaches a downlight fixture (figure 1A) comprising:
a housing (112) comprising, a top wall (112e), opposing side walls (112a; see figure 1A where 112a make up the side walls and opposing end walls of the housing 112), opposing end walls (112a; see figure 1A where 112a make up the side walls and opposing end walls of the housing 112), a bottom wall (112e; see figure 1A where 112e is a top and bottom wall) with a downlight opening (104);
an interior dividing wall (104; figure 1A) extending between the opposing side walls creating a larger main compartment (see inner side of housing 112) at one end of the housing (112) for receiving a lighting module and a smaller junction box compartment (109) at the opposing second end of the housing (112), said interior dividing wall (104) having an access opening (see figure 1) therein;
an access panel (192) which is removably securable with the access opening from within the main compartment (inside of 112); wherein the entirety of the housing is constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (see paragraph [0004] and [0034] where fire resistance rating of housing is disclosed).
Regarding claim 18, Green et al. teaches a downlight fixture comprising:
a housing (112; figure 1A) comprising, a top wall (112e; see figure 1A where 112e is a top and bottom wall), opposing side walls (112a; see figure 1A where 112a make up the side walls and opposing end walls of the housing 112), opposing end walls (112a; see figure 1A where 112a make up the side walls and opposing end walls of the housing 112), a bottom wall (112e; see figure 1A where 112e is a top and bottom wall) with a downlight opening (see bottom wall 102e where there is an opening in figure 1A);
an interior dividing wall (104) extending between the opposing side walls (112a; see figure 1A where 112a make up the side walls and opposing end walls of the housing 112) creating a larger main compartment at one end of the housing (112) for receiving a lighting module (see paragraph [0059] where light module is disclosed) and a smaller junction box compartment (109) at the opposing second end of the housing (112), said interior dividing wall (109) having an access opening therein;
an integrated wire conduit (see paragraph [0042] where wire and aperture to receive the wires are disclosed) extending between the interior dividing wall (104) and an end wall creating a dedicated wiring path from the junction box compartment (109) to said end wall, said wire conduit being constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (see paragraph [0004] where lighting fixture is constructed with a material that provides a 2 hour fire rating).
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) 2, 6, 10, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (US 2019/0353340 A1) in view of Kopitzke et al. (CA 3,124,969).
Regarding claim 2, Green et al. teaches the downlight fixture of claim 1 but is silent about further comprising a removable trim collar received with the downlight opening.
Kopitzke et al. teaches a trim 130b that is removably received in the downlight opening (see paragraph [0153] where trim 103b is disclosed).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a removable trim collar as taught by Kopitzke et al. to cover the exposed edge of the ceiling where a hole is formed in which the recessed lighting fixture resides while still allowing light from the light source module to be emitted (see paragraph [0153] of Kopitzke et al.).
Regarding claim 6, Green et al. teaches the downlight fixture of claim 1 but does not explicitly teach wherein said material is a cold rolled steel sheet metal of at least 16GA thickness.
Kopitzke et al. teaches a steel sheet metal of at least 16GA thickness (see paragraph [0028] where thickness ranges from 0.6 mm to about 2mm. 16GA is approximately 1.519mm to 1.613 mm depending on material of steel).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. include a cold rolled steel sheet metal of at least 16GA thickness as taught by Kopitzke et al. to provide a fire-rated material for the downlight fixture (see paragraph [0027] of Kopitzke et al.).
Regarding claim 10, Green et al. teaches the downlight fixture of claim 9 but does not explicitly teach wherein the removable trim collar is removably received with the downlight opening on an external surface of the bottom wall.
Kopitzke et al. teaches a trim 130b that is removably received in the downlight opening (see paragraph [0153] where trim 103b is disclosed).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a removable trim collar as taught by Kopitzke et al. to cover the exposed edge of the ceiling where a hole is formed in which the recessed lighting fixture resides while still allowing light from the light source module to be emitted (see paragraph [0153] of Kopitzke et al.).
Regarding claim 12, Green et al. teaches the downlight fixture of claim 11 but does not explicitly teach wherein the removable trim collar is removably received with the downlight opening on an external surface of the bottom wall.
Kopitzke et al. teaches a trim 130b that is removably received in the downlight opening (see paragraph [0153] where trim 103b is disclosed).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a removable trim collar as taught by Kopitzke et al. to cover the exposed edge of the ceiling where a hole is formed in which the recessed lighting fixture resides while still allowing light from the light source module to be emitted (see paragraph [0153] of Kopitzke et al.).
Regarding claim 15, Green et al. teaches the downlight fixture of claim 14 but does not explicitly teach further comprising a removable trim collar received with the downlight opening.
Kopitzke et al. teaches a trim 130b that is removably received in the downlight opening (see paragraph [0153] where trim 103b is disclosed).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a removable trim collar as taught by Kopitzke et al. to cover the exposed edge of the ceiling where a hole is formed in which the recessed lighting fixture resides while still allowing light from the light source module to be emitted (see paragraph [0153] of Kopitzke et al.).
Regarding claim 19, Green et al. teaches the downlight fixture of claim 18 but does not explicitly teach further comprising a removable trim collar received with the downlight opening.
Kopitzke et al. teaches a trim 130b that is removably received in the downlight opening (see paragraph [0153] where trim 103b is disclosed).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a removable trim collar as taught by Kopitzke et al. to cover the exposed edge of the ceiling where a hole is formed in which the recessed lighting fixture resides while still allowing light from the light source module to be emitted (see paragraph [0153] of Kopitzke et al.).
Claim(s) 5, 16, 17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (US 2019/0353340 A1) in view of Lotfi et al. (US 2019/0063701 A1).
Regarding claim 5, Green et al. teaches the downlight fixture of claim 4, but Green et al. is silent about further comprising: a backup battery module comprising, a battery module housing secured to the housing in place of the main compartment end panel a backup battery receivable within the battery module housing; a battery wall access panel which is removably securable with the battery module housing from within the main compartment, wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes.
Lotfi et al. teaches a backup battery module (see claim 11 of Lotfi et al.) comprising, a battery module housing secured to the housing in place of one of the end walls (see claim 11 where battery is accommodated in a frame); a backup battery receivable within the battery module housing (see claim 11 of Lotfi et al. where battery is disclosed); a battery wall access panel which is removably securable with the battery module housing from within the main compartment (see claim 11 of Lotfi et al. where battery is disclosed), wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (paragraph [0013] disclosed a fire rating up to two hours).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a battery as taught by Lotfi et al. to provide backup power to the light source during an emergency (see claim 11 of Lotfi e al.).
Regarding claim 16, Green et al. teaches the downlight fixture of claim 14, but is silent about further comprising: a backup battery module comprising, a battery module housing secured to the housing in place of one of the end walls; a backup battery receivable within the battery module housing; a battery wall access panel which is removably securable with the battery module housing from within the main compartment, wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes.
Lotfi et al. teaches a backup battery module (see claim 11 of Lotfi et al.) comprising, a battery module housing secured to the housing in place of one of the end walls (see claim 11 where battery is accommodated in a frame); a backup battery receivable within the battery module housing (see claim 11 of Lotfi et al. where battery is disclosed); a battery wall access panel which is removably securable with the battery module housing from within the main compartment (see claim 11 of Lotfi et al. where battery is disclosed), wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (paragraph [0013] disclosed a fire rating up to two hours).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a battery as taught by Lotfi et al. to provide backup power to the light source during an emergency (see claim 11 of Lotfi e al.).
Regarding claim 17, Green et al. teaches the downlight fixture of claim 15, but is silent about further comprising: a backup battery module comprising, a battery module housing secured to the housing in place of one of the end walls; a backup battery receivable within the battery module housing; a battery wall access panel which is removably securable with the battery module housing from within the main compartment, wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes.
Lotfi et al. teaches a backup battery module (see claim 11 of Lotfi et al.) comprising, a battery module housing secured to the housing in place of one of the end walls (see claim 11 where battery is accommodated in a frame); a backup battery receivable within the battery module housing (see claim 11 of Lotfi et al. where battery is disclosed); a battery wall access panel which is removably securable with the battery module housing from within the main compartment (see claim 11 of Lotfi et al. where battery is disclosed), wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (paragraph [0013] disclosed a fire rating up to two hours).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a battery as taught by Lotfi et al. to provide backup power to the light source during an emergency (see claim 11 of Lotfi e al.).
Regarding claim 20, Green et al. teaches the downlight fixture of claim 18, but does not explicitly teach further comprising: a backup battery module comprising, a battery module housing secured to the housing in place of one of the end walls; a backup battery receivable within the battery module housing; a battery wall access panel which is removably securable with the battery module housing from within the main compartment, wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes.
Lotfi et al. teaches a backup battery module (see claim 11 of Lotfi et al.) comprising, a battery module housing secured to the housing in place of one of the end walls (see claim 11 where battery is accommodated in a frame); a backup battery receivable within the battery module housing (see claim 11 of Lotfi et al. where battery is disclosed); a battery wall access panel which is removably securable with the battery module housing from within the main compartment (see claim 11 of Lotfi et al. where battery is disclosed), wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (paragraph [0013] disclosed a fire rating up to two hours).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a battery as taught by Lotfi et al. to provide backup power to the light source during an emergency (see claim 11 of Lotfi e al.).
Regarding claim 21, Green et al. modified by teaches the downlight fixture of claim 19, and Green et al. is silent about further comprising: a backup battery module comprising, a battery module housing secured to the housing in place of one of the end walls; a backup battery receivable within the battery module housing; a battery wall access panel which is removably securable with the battery module housing from within the main compartment, wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes.
Lotfi et al. teaches a backup battery module (see claim 11 of Lotfi et al.) comprising, a battery module housing secured to the housing in place of one of the end walls (see claim 11 where battery is accommodated in a frame); a backup battery receivable within the battery module housing (see claim 11 of Lotfi et al. where battery is disclosed); a battery wall access panel which is removably securable with the battery module housing from within the main compartment (see claim 11 of Lotfi et al. where battery is disclosed), wherein the battery module housing and battery wall access panel are constructed from a material which provides a 2-hour fire rating and compliance with applicable building fire codes (paragraph [0013] disclosed a fire rating up to two hours).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. to include a battery as taught by Lotfi et al. to provide backup power to the light source during an emergency (see claim 11 of Lotfi e al.).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (US 2019/0353340 A1) in view of Schubert (US 11,015,785).
Regarding claim 7, Green et al. teaches the downlight fixture of claim 1 but does not explicitly teach wherein said downlight fixture has a UL263 and/or a UL514A fire rating.
Schubert teaches a downlight fixture having a UL263 fire rating (column 6, lines 20-30 where a fire barrier element 24 has a UL 263 rating)
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the invention to modify the downlight fixture of Green et al. include a UL263 fire rating as taught by Schubert to provide a fire-rated material for the downlight fixture that meets fire rated standards (see column 6, lines 20-30 of Schubert).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA MCMILLAN APENTENG whose telephone number is (571)272-5510. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
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/JESSICA M APENTENG/ Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/ Supervisory Patent Examiner, Art Unit 2875