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 .
Response to Amendment
Applicant's amendment filed on 1/23/2026 has been entered. Claims 1, 4, 13, and 20 have been amended. Claims 3 and 19 have been cancelled. Claims 1-2, 4-18, and 20 are still pending in this application, with claims 1, 13, and 20 being independent.
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.
Claims 1-2, 4-10, 13, 16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Akhavan-Tabassi (US 2018/0222628).
In regards to claim 1, Akhavan-Tabassi teaches in Figures 29A – 31E, a color changing device that provides a user with color changing frames installed on desired objects to change colors (Fig. 29A, Par. [0198]), the color changing device comprising: a frame component (1472); a plurality of symbol indicia stamped into the frame component (Par. [0079], noting any one of “printing”, “decals”, and “design” can be considered “symbol indicia”, with respect to said indicia being “stamped”, the applicant is advised that, even though product-by-process claims are limited by and defined by the process, in this case being “secured via clips”, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 227 USPQ 964, (Fed. Cir. 1985). See MPEP § 2113); and wherein the frame component is positioned around cabinets, siding, shutters, or furniture and secured (see Fig. 29A); wherein the frame component (1472) comprises variable LED lighting (Par. [0198]); and further wherein colors of the variable LED lighting can be changed (Par. [0198]), as desired by a user to illuminate the cabinets, siding, shutters, or furniture with a different color (Par. [0198]).
Akhavan-Tabassi fails to disclose or fairly suggest the frame component being secured via a plurality of staples.
However, Akhavan-Tabassi does teach mounting “with some adhesive or local clamps” (Par. [0202]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to utilize staples in place of adhesive or clamps, such being a notoriously well-known substitution yielding the predicable outcome of effectively securing the frame component. It is noted staples have commonly been used for securing frame components for decades if not centuries.
In regards to claim 2, Akhavan-Tabassi teaches in Figures 29A – 31E, the frame component (1472) is applied to an outer perimeter of the cabinets, siding, shutters, or furniture (Fig. 29A, Par. [0198]).
In regards to claim 4, Akhavan-Tabassi teaches in Figures 29A – 31E, the frame component (1472) is fabricated from a white PVC material (Par. [0063, 0203]).
In regards to claim 5, Akhavan-Tabassi teaches in Figures 29A – 31E, the frame component (1472) includes a back surface and a front surface (Par. [0063, 0198-0200, 0203]).
In regards to claim 6, Akhavan-Tabassi teaches in Figures 29A – 31E, the back surface is comprised of the white PVC material and the front surface is a transparent face (Par. [0063, 0198-0200, 0203]).
In regards to claim 7, Akhavan-Tabassi teaches in Figures 29A – 31E, between the transparent face and the white PVC material is a set of built-in variable LED lighting (Par. [0063, 0198-0200, 0203]).
In regards to claim 8, Akhavan-Tabassi teaches in Figures 29A – 31E, the set of built-in variable LED lighting is used to produce a color changing illumination that can be directed toward an interior of an object framed by the frame component (Fig. 29A, Par. [0198]).
In regards to claim 9, Akhavan-Tabassi teaches in Figures 29A – 31E, the set of built-in variable LED lighting is positioned such that light transmitted from the set of built-in variable LED lighting would be diffused inward toward the interior of the object to illuminate the object a specific color (Fig. 29A, Par. [0198]).
In regards to claim 10, Akhavan-Tabassi teaches in Figures 29A – 31E, the set of built-in variable LED lighting is controlled by a remote controller (Fig. 29A, Par. [0198]).
In regards to claim 13, Akhavan-Tabassi teaches in Figures 29A – 31E, a color changing device that provides a user with color changing frames installed on desired objects to change colors (Fig. 29A, Par. [0198]), the color changing device comprising: a frame component (1472) applied to an outer perimeter of an object to be illuminated (Fig. 29A, Par. [0198]); a plurality of clips (Par. [0202], again noting “clamps” are interpreted as a form of “clips”); a controller (Par. [0198]); a set of built-in variable LED lighting (Par. [0198]); and wherein the object to be illuminated includes cabinets, siding, shutters, or furniture (Fig. 29A, Par. [0198]); wherein the frame component is secured to the outer perimeter (Fig. 29A, Par. [0198]) via the plurality of clips (Par. [0202], again noting “clamps” are interpreted as a form of “clips”); wherein the frame component includes a back surface and a front surface (Par. [0063, 0198-0200, 0203]); wherein the back surface is comprised of a white PVC material and the front surface is a transparent face (Par. [0063, 0198-0200, 0203]); wherein the set of built-in variable LED lighting (Par. [0063, 0198-0200, 0203]) is positioned between the transparent face and the white PVC material (Par. [0063, 0198-0200, 0203]); wherein the set of built-in variable LED lighting is used to produce a color changing illumination that can be directed toward an interior of an object framed by the frame component (Fig. 29A, Par. [0198]); and further wherein the controller is secured to the frame component (Fig. 29A, Par. [0198]) and operably connected to the built-in variable LED lights and used to control amount and color of light that is being emitted from the built-in variable LED lights (Fig. 29A, Par. [0198]).
Akhavan-Tabassi fails to disclose or fairly suggest a plurality of solar panels in electrical communication with the controller and the set of built-in variable LED lighting.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to utilize solar panels to provide power to the device of Akhavan-Tabassi. The examiner notes residential solar panels being used for providing power to electrical devices within homes is notoriously well known. Additionally, it would appear the solar panels structurally are external to the invention of the color changing device as claimed and disclosed.
In regards to claim 16, Akhavan-Tabassi teaches in Figures 29A – 31E, a plurality of indicia (recessed grooves in 1479 of 1472 for 1480, noting that the “indicia” has not been defined).
In regards to claim 18, Akhavan-Tabassi teaches in Figures 29A – 31E, the set of built-in variable LED lighting is controlled by a remote controller (Par. [0198]).
In regards to claim 20, Akhavan-Tabassi teaches in Figures 29A – 31E, a method of changing the color of cabinets, siding, or shutters (Fig. 29A, Par. [0198]), the method comprising the following steps: providing a color changing device comprising a frame component (1472) with a built-in LED lighting (Fig. 29A, Par. [0198]), a plurality of image indicia integrated into the frame component (Par. [0079], noting any one of “printing”, “decals”, and “design” can be considered “image indicia”) and a controller (Par. [0198]); securing the frame component around cabinets, shutters, or siding, as desired (Fig. 29A, Par. [0198]); activating the built-in LED lighting with a remote control (Fig. 29A, Par. [0198]); and changing the colors of the LED lighting via the remote control (Fig. 29A, Par. [0198]), as desired.
Akhavan-Tabassi fails to disclose or fairly suggest a plurality of solar panels connected to the built-in LED lighting and the controller.
However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to utilize solar panels to provide power to the device of Akhavan-Tabassi. The examiner notes residential solar panels being used for providing power to electrical devices within homes is notoriously well known. Additionally, it would appear the solar panels structurally are external to the invention of the color changing device as claimed and disclosed.
Claims 11, 12, 14, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Akhavan-Tabassi in view of Han et al. (US 2023/0152504, hereinafter Han).
In regard to claims 11, 12, 14, 15, and 17, While Akhavan-Tabassi teaches color changing strips of LEDs (Fig. 29A-31E, Par. [0198]), Akhavan-Tabassi fails to disclose or fairly suggest specifically strips of RGB-LEDs as recited in claims 11, 12, and 17, and a wireless communication module and additional sensors which would allow the color changing device to pair with a mobile application on a smart device, and controlling colors of the variable LED lighting via the mobile application as recited in claims 14 and 15.
Han teaches in Figures 5 and 10-12, strips (36) of RGB-LEDs (362, Par. [0229]) as recited in claims 11, 12, and 17, and a wireless communication module (17) and additional sensors (151, 152) which would allow the color changing device (2) to pair with a mobile application on a smart device (Fig. 12, Par. [0206]), and controlling colors of the variable LED lighting via the mobile application (Fig. 12, Par. [0206]) as recited in claims 14 and 15.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to utilize RGB LEDs for the color LEDs of Akhavan-Tabassi in order to provide an appropriate LED with the desired color changing properties. RGB LEDs are notoriously well known, particularly for multicolor LEDs. Additionally, it would have been obvious to use an application on a mobile device to control the colors of said RGB LEDs, as such would provide an easy and effective means of controlling the LEDs of the device of Akhavan-Tabassi. Using mobile devices as remote controllers for lighting systems is also extremely well known in the art.
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
Regarding the Examiner’s rejection of now Claims 1-2, 4-10, 13, 16, 18, and 20 under 35 U.S.C. 103 as being unpatentable over Akhavan-Tabassi, please see in the rejection above how Akhavan-Tabassi indeed teaches the newly added limitations.
The applicant is respectfully advised that while the claims of issued patents are interpreted in light of the specification, prosecution history, prior art and other claims, this is not the mode of claim interpretation to be applied during examination. During examination, the claims must be interpreted as broadly as their terms reasonably allow.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER K GARLEN whose telephone number is (571)272-3599. The examiner can normally be reached M-F 8:00-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Han can be reached at 571-272-2078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER K GARLEN/ Primary Examiner, Art Unit 2896