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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because the term “enclosed” is used throughout the originally filed disclosure to mean “coupled” (i.e. joined or linked together), and not the meaning accepted and recognized in the art for such term (e.g. close in, fenced off, or included along with something else in a parcel), without the originally filed description providing a clear and specific redefinition for such new use for “enclosed”.
While applicants’ right to be their own lexicographer has long been recognized by the courts, an applicant may only use terms in a manner contrary to, or inconsistent with, their ordinary meanings if the written description clearly and specifically redefines such terms, so as to put a reasonable competitor or one reasonably skilled in the art on notice that the patentee intended to so redefine that term in the claims. See, for example, Process Control Corp. v. HydReclaim Corp., 52 USPQ2d 1029 (Fed. Cir. 1999), and Hormone Research Foundation Inc. v. Genentech Inc., 15 USPQ2d 1039 (Fed. Cir. 1990).
Appropriate correction is required.
Claim Objections
Claims 1-10 are objected to because they appear to be narrative in form using overly intricate or verbose language which might be considered unclear, and include many grammatical, syntax, and/or typographical errors. Examples of such unclear language are:
The cited deficiencies do not amount to indefinitiveness under 35 U.S.C 112(b), since, in light of the originally filed descriptions and drawings, the subject matter the applicant intended to define is readily apparent. However, appropriate correction is required to place the claims in proper form for allowance (see proposed claim amendments, below).
Proposed Claim Amendments
The Examiner respectfully suggests amending the originally filed specification as indicated below. The applicant is advised that, if the proposed amendments are accepted, the complete disclosure must be carefully reviewed to reflect and/or accommodate the new language.
SPECIFICATION
PARAGRAPH 0005. In order to solve the above-mentioned technical problem, the present application adopts a technical solution that: a ceiling lamp with a night lamp includes a chassis, a diffusion cover, a main light source, a light shield, and a night lamp light source, wherein the diffusion cover is disposed on the chassis, and the chassis and the diffusion cover are coupled to form an accommodating cavity; and the main light source is disposed in the accommodating cavity, the light shield is disposed in the accommodating cavity and is disposed around the main light source, and the night lamp light source is disposed on an outer wall surface of the diffusion cover.10006 Further, the light shield is engaged with the chassis or is connected to the chassis via a screw.
PARAGRAPH 0020. Referring to Fig. 1 to Fig. 3, a ceiling lamp with a night lamp includes a chassis 1, a diffusion cover 2, a main light source 3, a light shield 4, and a night lamp light source 5, wherein the diffusion cover 2 is disposed on the chassis 1, and the chassis 1 and the diffusion cover 2 are coupled to form an accommodating cavity 21; and the main light source 3 is disposed in the accommodating cavity 21, the light shield 4 is disposed in the accommodating cavity 21 and is disposed around the main light source 3, and the night lamp light source 5 is disposed on an outer wall surface of the diffusion cover 2.
PARAGRAPH 0040. Referring to Fig. 1 to Fig. 3, embodiment 1 of the present application is that: a ceiling lamp with a night lamp includes a chassis 1, a diffusion cover 2, a main light source 3, a light shield 4, and a night lamp light source 5, wherein the diffusion cover 2 is disposed on the chassis 1, and the chassis 1 and the diffusion cover 2 are coupled to form an accommodating cavity 21; and the main light source 3 is disposed in the accommodating cavity 21, the light shield 4 is disposed in the accommodating cavity 21 and is disposed around the main light source 3, and the night lamp light source 5 is disposed on an outer wall surface of the diffusion cover 2. [0041] In the present embodiment, the chassis 1 is made of aluminum. The diffusion cover 2 is connected to the downside of the chassis 1, and the main light source 3 is fixedly mounted on the chassis 1. The main light source 3 includes a lamp panel and a plurality of main beads disposed on the lamp panel. The light shield 4 is horn-shaped, and the maximum width of the light shield 4 is gradually increased from the top to the bottom. The night lamp light source 5 includes a lamp strip and a plurality of night lamp beams connected to the lamp strip, and the lamp strip is disposed around the light shield 4.
CLAIM 1. A ceiling lamp:
a chassis;
a diffusion cover disposed on the chassis to form an accommodating cavity;
a main light source disposed in the accommodating cavity;
a light shield disposed in the accommodating cavity and around the main light source; and
a night lamp light source disposed on an outer wall surface of the diffusion cover.
CLAIM 2. The ceiling lampfixed to the chassis or [[is ]]connected
CLAIM 3. The ceiling lamp
CLAIM 4. The ceiling lamp with the night lamp according to claim 3, further comprising a limiting groove provided in the light shield, [[and]]wherein the night lamp lens is clamped by the limiting groove.
CLAIM 5. The ceiling lamp
CLAIM 6. The ceiling lamp with the night lamp according to claim 1, further comprising clamping grooves provided on contact surfaces of the diffusion cover; and clamping blocks provided on contact surfaces of the chassis and coupled
CLAIM 7. The ceiling lamp
CLAIM 8. The ceiling lamp with the night lamp according to claim 1, further comprising at least one decorative ring provided in the outer wall surface of the diffusion cover.
CLAIM 9. The ceiling lamp
CLAIM 10. The ceiling lamp with the night lamp according to claim 1, further comprising a light reflective coating provided on an outer wall surface of the light shield.
Claim Rejections Based on Prior Art
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over VAN WINKLE (U.S. Pat. App. Pub. 2020/0191344).
Regarding independent claim 1 (as best understood), VAN WINKLE discloses a ceiling lamp 110 (as seen in Figure 11) with a night lamp 124 (as seen in Figure 11), including a chassis 122 (as seen in Figure 11), a diffusion cover 130 (as seen in Figure 11), a main light source 132 (as seen in Figure 11), a light shield 140 (as seen in Figure 12C), and a night lamp light source 124 (as seen in Figure 11), wherein the diffusion cover 130 is disposed on the chassis 122 (as evidenced by Figure 11), and the chassis 122 and the diffusion cover 130 are enclosed to form an accommodating cavity (space within element 130, as evidenced by Figure 11); and the main light source 132 is disposed in the accommodating cavity (as evidenced by Figure 11), the light shield 140 is disposed in the accommodating cavity (as seen in Figure 11) and is disposed around the main light source 132 (see paragraph 0160, as evidenced by Figure 11), and the night lamp light source 124 is disposed on a surface of the chassis 122 (as seen in Figure 11) proximate an outer wall surface 142 (as seen in Figure 12D) of the diffusion cover 130 (as seen in Figure 11).
VAN WINKLE fails to explicitly disclose the night lamp light source 124 disposed specifically on the outer wall surface 142 of the diffusion cover 130.
However, it has been long held by the courts that rearranging parts of a prior art structure involves only ordinary skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to position the night lamp light source 124 on the outer wall surface 142 of the diffusion cover 130, to achieve the predictable result of providing a more secure and supporting surface.
Regarding dependent claim 2 (as best understood), VAN WINKLE further discloses the light shield 140 is engaged with the chassis 122 (as evidenced by Figure 11) or is connected to the chassis 122 via a screw (screw shown between elements 120 and 122, as seen in Figure 11).
Regarding dependent claim 3 (as best understood), VAN WINKLE further discloses a night lamp lens 126 (as seen in Figure 11) disposed to cover the night lamp light source 124 (see paragraph 0169, as seen in Figure 11).
Regarding dependent claim 4 (as best understood), VAN WINKLE further discloses the light shield 140 is provided with a limiting groove 148 (as seen in Figure 12C), and the night lamp lens 126 is clamped and matched with the limiting groove 148 (see paragraph 0169, as seen in Figure 11).
Regarding dependent claim 5 (as best understood), VAN WINKLE further discloses a transparent main lamp cover 136 (as seen in Figure 11) disposed to cover the main light source 132 (as seen in Figure 11).
Regarding dependent claim 6 (as best understood), VAN WINKLE further discloses contact surfaces of the diffusion cover 130 and the chassis 122 are respectively provided with clamping grooves 229 (as seen in Figure 11) and clamping blocks 226 engaged and matched with the clamping grooves 229 (see paragraph 0167).
Regarding dependent claim 7 (as best understood), VAN WINKLE individually discloses, or suggests when combined with the knowledge readily available to one of ordinary skill in the art at the time the invention was made, all the limitations of the claim (as previously detailed), except the chassis being made of aluminum.
However, the Examiner takes Official Notice of the use and advantages of aluminum, specifically for manufacturing lamp chassis and housings, are old and well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to manufacture the chassis 122 of VAN WINKLE of aluminum, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). One would have been motivated to achieve the predictable result of providing the ceiling lamp 110 of VAN WINKLE with a chassis 122 of a material having reduced weight, excellent heat conduction, and relatively easy to manufacture.
Regarding dependent claim 8 (as best understood), VAN WINKLE further discloses the outer wall surface 144 (as seen in Figure 12C) of the diffusion cover 130 is provided with at least one decorative ring 146 (as seen in Figure 12C).
Regarding dependent claim 9 (as best understood), VAN WINKLE individually discloses, or suggests when combined with the knowledge readily available to one of ordinary skill in the art at the time the invention was made, all the limitations of the claim (as previously detailed), except the at least one decorative ring 146 is connected to the diffusion cover 130 by gluing.
However, the examiner takes Official Notice of the use and advantages of gluing, specifically for joining elements together, are old and well known in the illumination art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to glue the integrally made decorative ring 146 to the diffusion cover 130 in the ceiling lamp 110 of VAN WINKLE, to obtain the predictable result of enabling an end user to provide a desired decorative ring 146 to the diffusion cover 130. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Regarding dependent claim 10 (as best understood), VAN WINKLE further discloses an outer wall surface of the light shield 140 is provided with a light reflective member 134 (see paragraph 0163, as seen in Figure 11).
VAN WINKLE fails to explicitly disclose the light reflective member 134 being specifically a reflective coating.
However, the examiner takes Official Notice of the use and advantages of reflective coating, specifically in illumination devices, are old and well known in the illumination art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to simply substitute a known reflective coating for the reflective member 134 in the ceiling lamp 110 of VAN WINKLE, to obtain the predictable result of reducing the numb er of components and simplifying assembly. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vin Dick (U.S. Pat. 3,287,551), Makita et al. (U.S. Pat. 4,949,226), Lasdstaetter (U.S. Pat. 7,736,018), Yang et al. (U.S. Pat. App. Pub. 2011/0242804), Wang (U.S. Pat. App. Pub. 2012/0057344), Spencer et al. (U.S. Pat. App. App. 2020/0124271), Grove et al. (U.S. Pat. 10,775,018), Ward (U.S. Pat. 11,085,598), Li et al. (U.S. Pat. App. Pub. 2021/0318486), Zou et al. (U.S. Pat. 11,739,908), Lin et al. (U.S. Pat. 11,835,204), and Lai et al. (U.S. Pat. 12,031,707) disclose ceiling lamps including housing defining an interior space, a primary light source provided within the interior space and configured to project a main illumination pattern, a secondary light source provided outside the primary space and configured to project a secondary illumination pattern softer than the primary illumination pattern.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAEL NEGRON whose telephone number is (571)272-2376. The examiner can normally be reached on Monday - Friday from 10:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk Lee, can be reached at telephone number 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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/ISMAEL NEGRON/Primary Examiner
Art Unit 2875