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 .
The preliminary amendment filed 9/07/2025 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/03/2025 is/are being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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).
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Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 12,264,792. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application is broader recitation of the claims of the ‘792 application.
A comparison of the claims is provided below:
Instant Application
19/068,664
US Patent
12,264,792
Comparison
1. (Original) A device for providing a spectrochrome output, wherein the device comprises: a chamber containing one or more substances; a light source; an electromagnetic coil; one or more magnets; and a housing, wherein the housing aligns the chamber, the electromagnetic coil, and the one or more magnets with the light source such that an output of the light source is substantially aligned to pass through the chamber and a magnetic field in the chamber created by at least one of: (i) the electromagnetic coil; and (ii) the one or more magnets.
1. A handheld device for providing a spectrochrome output, wherein the handheld device comprises: an enclosed chamber containing one or more substances; a light source; an electromagnetic coil; one or more magnets; and a housing, wherein the housing is configured to: (i) secure the enclosed chamber; (ii) secure the light source such that an output of the light source is substantially aligned to pass through the enclosed chamber in one or more directions; and (iii) secure the electromagnetic coil and the one or more magnets around the enclosed chamber such that an electromagnetic field is created in a substantially same direction of the output of the light source through the enclosed chamber.
Claim 1 of the ‘664 is a broader recitation of the claim 1 of the 792 patent.
See the bolded portions for comparison.
2. (Original) The device of claim 1, wherein the chamber containing one or more substances comprises an enclosed chamber of one or more noble gases.
2. The handheld device of claim 1, wherein the enclosed chamber containing one or more substances comprises an enclosed chamber of one or more noble gases.
The claims are similar
3. (Original) The device of claim 2, wherein the one or more noble gases comprise one or more of the following: (i) helium; (ii) neon; (iii) argon; (iv) krypton; (v) xenon; and (vi) radon.
3. The handheld device of claim 2, wherein the one or more noble gases comprise one or more of the following: (i) helium; (ii) neon; (iii) argon; (iv) krypton; (v) xenon; and (vi) radon.
The claims are similar
4. (Original) The device of claim 1, wherein the light source comprises a laser.
4. The handheld device of claim 1, wherein the light source comprises a laser.
The claims are similar
5. (Original) The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 520 to 570 nanometers and a visible output of green light.
5. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 520 to 570 nanometers and a visible output of green light.
The claims are similar
6. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength of approximately 380 to 450 nanometers and a visible output of violet light.
6. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength of approximately 380 to 450 nanometers and a visible output of violet light.
The claims are similar
7. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 450 to 495 nanometers and a visible output of blue light.
7. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 450 to 495 nanometers and a visible output of blue light.
The claims are similar
8. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 495 to 520 nanometers and a visible output of cyan light.
8. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 495 to 520 nanometers and a visible output of cyan light.
The claims are similar
9. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 570 to 590 nanometers and a visible output of yellow light.
9. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 570 to 590 nanometers and a visible output of yellow light.
The claims are similar
10. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 590 to 620 nanometers and a visible output of orange light.
10. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 590 to 620 nanometers and a visible output of orange light.
The claims are similar
11. (Original) The device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 620 to 740 nanometers and a visible output of red light.
11. The handheld device of claim 4, wherein the laser comprises a laser with a wavelength between approximately 620 to 740 nanometers and a visible output of red light.
The claims are similar
12. (Original) The device of claim 1, wherein the magnetic field comprises an electromagnetic field, and wherein electromagnetic coil is secured around the chamber such that the electromagnetic field is created in a substantially same axial direction of the aligned output of the light source through the chamber.
12. The handheld device of claim 1, wherein the electromagnetic coil is secured around the enclosed chamber such that the electromagnetic field is created in a substantially same axial direction of the substantially aligned output of the light source through the enclosed chamber.
The claims are similar
13. (Original) The device of claim 1, wherein the housing comprises a recess to align the electromagnetic coil and the one or more magnets around the chamber such that the magnetic field is created in a substantially same axial direction of the aligned output of the light source through the chamber.
13. The handheld device of claim 1, wherein the housing comprises a recess to align the electromagnetic coil and the one or more magnets around the enclosed chamber such that the electromagnetic field is created in a substantially same axial direction of the substantially aligned output of the light source through the enclosed chamber.
The claims are similar
14. (Original) The device of claim 1, wherein the magnetic field comprises an electromagnetic field, and wherein the electromagnetic coil comprises a continuous strand of wire wrapped uniformly around a portion of the housing containing the chamber such that the electromagnetic field created by the electromagnetic coil is focused on an area in the chamber.
14. The handheld device of claim 1, wherein the electromagnetic coil comprises a continuous strand of wire wrapped uniformly around a portion of the housing containing the enclosed chamber such that the electromagnetic field created by the electromagnetic coil is focused on an area in the enclosed chamber.
The claims are similar
15. (Original) The device of claim 14, wherein the electromagnetic coil comprises a copper wire.
15. The handheld device of claim 14, wherein the electromagnetic coil comprises a copper wire.
The claims are similar
16. (Original) The device of claim 14, wherein the electromagnetic coil comprises a wire comprises one or more of the following materials: (i) silver; (ii) gold; (iii) aluminum; or (iv) iron.
16. The handheld device of claim 14, wherein the electromagnetic coil comprises a wire comprises one or more of the following materials: (i) silver; (ii) gold; (iii) aluminum; or (iv) iron.
The claims are similar
17. (Original) The device of claim 1, wherein the one or more magnets comprise a neodymium magnet.
19. The handheld device of claim 1, wherein the one or more magnets comprise a neodymium magnet.
The claims are similar
18. (Original) The device of claim 1, wherein the housing is further configured to:(i) receive the light source; and(ii) after receiving the light source, activate the light source by turning the light source in a clockwise manner in relation to the housing.
20. The handheld device of claim 1, wherein the housing is further configured to:
(i) receive the light source; and
(ii) after receiving the light source, activate the light source by turning the light source in a clockwise manner in relation to the housing.
The claims are similar
19. (Original) The device of claim 1, further comprising a housing cap configured to integrate with the housing and contain at least one or more of the following: (i) one or more additional substances; and (ii) one or more additional magnets.
21. The handheld device of claim 1, wherein the handheld device further comprises a housing cap configured to integrate with the housing and contain at least one or more of the following: (i) one or more additional substances; and (ii) one or more additional magnets.
The claims are similar
20. (Original) The device of claim 1, wherein the device comprises a handheld device.
See claim 1.
Claim 20 is a broader recitation of claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schnuckle (US 2024/0318797).
Claim 1: Schnuckle discloses a device for providing a spectrochrome output, wherein the device comprises: a chamber (chamber of 406, fig. 57) containing one or more substances (fluid 416, fig. 57) (see para [0149]); a light source (422, fig. 57); an electromagnetic coil (100, fig. 57) (electromagnetic coil 100, see para [0097]); one or more magnets (210 of 200, see figs. 49 and 57); and a housing (20, fig. 57), wherein the housing (20) aligns the chamber (chamber of 406), the electromagnetic coil (100), and the one or more magnets (210) with the light source (422) such that an output of the light source is substantially aligned to pass through the chamber (chamber of 406) and a magnetic field in the chamber created by at least one of: (i) the electromagnetic coil (100); and (ii) the one or more magnets (210) (magnetic body movable in response to the movement of 200 to affect the illumination of the light beam, see para [0170]).
Claim 17: Schnuckle discloses the one or more magnets comprise a neodymium magnet (neodymium magnet, see para [0011]).
Claim 18: Schnuckle discloses the housing (20) is further configured to: (i) receive the light source (422); and(ii) after receiving the light source (422), activate the light source by turning the light source in a clockwise manner in relation to the housing (light source can be switched on after being rotated).
Claim 19: Schnuckle discloses a housing cap (404, fig. 57) configured to integrate with the housing (20, fig. 57) and contain at least one or more of the following: (i) one or more additional substances (air between 404 and 20, fig. 57); and (ii) one or more additional magnets.
Claim 20: Schnuckle discloses the device comprises a handheld device (500 capable of being held by hand).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schnuckle (US 2024/0318797) in view of Bergkvist et al. (US 6,313,570).
Claim 2: Schnuckle teaches the chamber (chamber of 406, fig. 57) containing one or more substances (416, fig. 57) comprises an enclosed chamber of one or more fluid (see para [0149]).
However, Schnuckle fails to teach one or more noble gases.
Bergkvist teaches one or more noble gases (helium, see Col. 2 line 23-32).
Therefore, in view of Bergkvist, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add helium to the chamber, in order to prevent moisture accumulation on the interior surfaces [Bergkvist, Col. 2 lines 23-32].
Claim 3: Schnuckle fails to teach the one or more noble gases comprise one or more of the following: (i) helium; (ii) neon; (iii) argon; (iv) krypton; (v) xenon; and (vi) radon.
Bergkvist teaches one or more noble gases comprise one or more of the following: (i) helium; (ii) neon; (iii) argon; (iv) krypton; (v) xenon; and (vi) radon (helium, see Col. 2 line 23-32).
Therefore, in view of Bergkvist, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add helium to the chamber, in order to prevent moisture accumulation on the interior surfaces [Bergkvist, Col. 2 lines 23-32].
Claim(s) 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schnuckle (US 2024/0318797) in view of Heijsman et al. (US 2024/0183501) (hereinafter Heijsman).
Claim 4: Schnuckle fails to teach the light source comprises a laser.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source, in order to increase the brightness of the light source.
Claim 5: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 520 to 570 nanometers and a visible output of green light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 520 to 570 nanometers and a visible output of green light (green light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 520 to 570 nanometers and a visible output of green light, in order to increase the brightness of the light source and adjust the color output.
Claim 6: Schnuckle fails to teach the laser comprises a laser with a wavelength of approximately 380 to 450 nanometers and a visible output of violet light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength of approximately 380 to 450 nanometers and a visible output of violet light (violet light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength of approximately 380 to 450 nanometers and a visible output of violet light, in order to increase the brightness of the light source and adjust the color output.
Claim 7: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 450 to 495 nanometers and a visible output of blue light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 450 to 495 nanometers and a visible output of blue light (blue light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 450 to 495 nanometers and a visible output of blue light, in order to increase the brightness of the light source and adjust the color output.
Claim 8: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 495 to 520 nanometers and a visible output of cyan light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 495 to 520 nanometers and a visible output of cyan light (cyan light, see para [0053]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 495 to 520 nanometers and a visible output of cyan light, in order to increase the brightness of the light source and adjust the color output.
Claim 9: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 570 to 590 nanometers and a visible output of yellow light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 570 to 590 nanometers and a visible output of yellow light (yellow light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 570 to 590 nanometers and a visible output of yellow light., in order to increase the brightness of the light source and adjust the color output.
Claim 10: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 590 to 620 nanometers and a visible output of orange light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 590 to 620 nanometers and a visible output of orange light (orange light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 590 to 620 nanometers and a visible output of orange light, in order to increase the brightness of the light source and adjust the color output.
Claim 11: Schnuckle fails to teach the laser comprises a laser with a wavelength between approximately 620 to 740 nanometers and a visible output of red light.
Heijmans teaches a light source comprises a laser (laser light source, see para [0024]); the laser comprises a laser with a wavelength between approximately 620 to 740 nanometers and a visible output of red light (red light, see para [0051]).
Therefore, in view of Heijmans, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Schnuckle with a laser light source where the laser comprises a laser with a wavelength between approximately 620 to 740 nanometers and a visible output of red light, in order to increase the brightness of the light source and adjust the color output.
Allowable Subject Matter
Claim(s) 12-16 is/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 and upon timely filing Terminal Disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken as a whole does not show nor suggest the magnetic field comprises an electromagnetic field, and wherein electromagnetic coil is secured around the chamber such that the electromagnetic field is created in a substantially same axial direction of the aligned output of the light source through the chamber with respect to claim(s) 12,
the housing comprises a recess to align the electromagnetic coil and the one or more magnets around the chamber such that the magnetic field is created in a substantially same axial direction of the aligned output of the light source through the chamber with respect to claim(s) 13,
the magnetic field comprises an electromagnetic field, and wherein the electromagnetic coil comprises a continuous strand of wire wrapped uniformly around a portion of the housing containing the chamber such that the electromagnetic field created by the electromagnetic coil is focused on an area in the chamber with respect to claim(s) 14,as specifically called for in the claimed combinations.
Claim(s) 15-16 is/are dependent upon claim(s) 14 and is/are therefore allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (US 2004/0120143), Rastegar (US 2010/0283264) disclose a similar device with a magnet and coil.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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/ZHENG SONG/Primary Examiner, Art Unit 2875