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.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yaphe et al. [U.S. 2013/0033859 A1].
Regarding claim 1 Yaphe et al. discloses a lighting apparatus [see figure 4], comprising: a back cover [210]; a light source [232, 234], wherein the light source is disposed to an inner side of the back cover [see figure 4 and 6]; a surrounding wall [240, 250], wherein the surrounding wall has a top edge and a bottom edge [see figure 4], wherein the back cover [210] is attached to the top edge of the surrounding wall [figures 4 and 6]; and a light cover [260], wherein the light cover has a top ridge [274] and a bottom ridge [a protrusion extending from 265, see figures 4 and 6], wherein the top ridge and the bottom ridge of the light cover are disposed to clip a protruding structure [246, see figures 4 and 6] of the surrounding wall [240 and 250] to fix the light cover [260] to the surrounding wall [240 and 250], wherein the light of the light source [234] is emitted downwardly and passes through the light cover (figures 4-6).
Regarding claim 17 Yaphe et al. discloses the surrounding wall form a rectangular shape (figure 4).
Regarding claim 18 Yaphe et al. discloses there are multiple lenses [266A and 266B] corresponding multiple LED modules [LEDs 234] of the light source (figures 4 and 6).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yaphe et al. [U.S. 2013/0033859 A1].
Regarding claim 2, Yaphe et al. discloses the lighting apparatus having a first bottom surface of the bottom ridge and a second surface of the bottom edge of the surrounding wall (figure 6). However, Yaphe et al. does not clearly show that the first bottom surface of the bottom ridge is aligned with a second surface of the bottom edge of the surrounding wall.
It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to have the first bottom surface of the bottom ridge being aligned with the second surface of the bottom edge of the surrounding wall, since applicant has not disclosed that the aligned surfaces solve(s) any new stated problem or is for any particular purpose and it appears that the invention would perform equally well with Yaphe et al.’s invention.
Allowable Subject Matter
Claims 3-16 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: claims 3, 5, 6, 10 and 19, each recites further details of the lighting apparatus, which are not disclosed or suggested by the prior of record. Claim 4 depends on claim 3. Claims 7-9 depend on claim 6. Claims 11-16 depend on claim 10. Claim 20 depends on claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Doubek et al. 2023/0250929 A1 discloses a lighting device including a housing, a light source, a light guide panel, a lens, and a rotatable clip.
Seligman et al. 2019/0049100 A1 discloses light fixtures that provide uniform light distribution across a length of room, and can be adjusted in the field to accommodate different sized openings.
Karpen U.S. 5,184,881 discloses a full spectrum polarized lighting fixture for general commercial.
Jaksich U.S. 5,171,085 discloses lighting fixtures that are recessible into an opening formed in a ceiling.
Rhee U.S. 6,601,976 B1 discloses a light fixture of the type including a frame having a border for overlying the marginal edges of an opening cut for mounting thereof and including a pan configured with laterally disposed, outwardly flared mounting flanges which overlie mounting flanges on the frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO Q TRUONG whose telephone number is (571)272-2383. The examiner can normally be reached M-F 7 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED AZIZ can be reached at 571 272 5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BAO Q. TRUONG
Primary Examiner
Art Unit 2875
/BAO Q TRUONG/ Primary Examiner, Art Unit 2875