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).
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 29-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 17 of U.S. Patent No. 11808431. 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. 11808431
Claim 29 recites;
A system comprising:
a plurality of lighting devices, each of the plurality of lighting devices including:
a housing including an internal cavity;
a light source disposed within the internal cavity of the housing;
a light guide panel disposed within the internal cavity of the housing, the light guide panel being configured to diffuse light emitted by the light source; and
a lens including a base, a first side wall, and a second side wall, the lens being coupled to the housing such that diffused light from the light guide panel is emitted through the base, the first side wall, and the second side wall of the lens; and
a plurality of rotatable clips, each of the plurality of rotatable clips being configured to couple to (i) one of the plurality of lighting devices and (ii) one of a plurality of ceiling tile support members.
Claim 17 incorporates all the limitations of claim 1.
Claim 17 recites;
further comprising an alignment plate coupled to an end of the housing, the alignment plate being configured aid in coupling the lighting device to a second lighting device (plurality of lighting devices), wherein the housing further includes a first flange and a second flange configured to aid in coupling the alignment plate to the housing.
Claim 1 recites;
A lighting device comprising:
a housing including an internal cavity;
one or more light sources disposed within the internal cavity of the housing;
a light guide panel disposed within the internal cavity of the housing, the light guide panel being configured to diffuse light emitted by the one or more light sources;
a lens including a base, a first side wall, and a second side wall defining an internal cavity, the lens being coupled to the housing such that (i) at least a portion of the housing is disposed within the internal cavity of the lens and (ii) light diffused by the light guide panel is emitted through the base, the first side wall, and the second side wall of the lens; and
one or more rotatable clips coupled to the housing (which is belongs to one of the plurality of lighting devices), the one or more rotatable clips being configured to rotate relative to the external structure and mount the lighting device to the external structure (plurality of ceiling tile support members).
Claim 30 recites;
further comprising one or more alignment plates configured to couple one of the plurality of lighting devices to another one of the plurality of lighting devices.
Claim 17 recites;
further comprising an alignment plate coupled to an end of the housing, the alignment plate being configured aid in coupling the lighting device to a second lighting device (plurality of lighting devices), wherein the housing further includes a first flange and a second flange configured to aid in coupling the alignment plate to the housing.
Claim 31 recites;
wherein a first one of the plurality of lighting devices is coupled to a second one of the plurality of lighting devices via a first one of the one or more alignment plates.
Claim 17 recites;
further comprising an alignment plate coupled to an end of the housing, the alignment plate being configured aid in coupling the lighting device to a second lighting device (plurality of lighting devices), wherein the housing further includes a first flange and a second flange configured to aid in coupling the alignment plate to the housing.
Allowable Subject Matter
Claims 32-37 are objected to as being dependent upon a rejected base claim.
Rejected claim 29 of the instant application has the same scope as claim 17 of U.S. Patent No. 11808431; 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 32-37, 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 29 is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M. DIAZ whose telephone number is (571)272-9822. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/JOSE M DIAZ/Examiner, Art Unit 2875
/ANNE M HINES/Primary Examiner, Art Unit 2875
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