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.
Information Disclosure Statement
The information disclosure statement (lDS) submitted are in compliance with the provisions of 37 CFR 1.97 and have been considered by the Examiner.
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 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)(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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by the Chinese Patent Publication No. 216480787 U to XIAO, Sheng-Yu (employing the provided machine translation and hereafter “XIAO”).
Regarding claim 1, XIAO teaches a breathing light module (as illustrated by Figs. 1-4: a Breath Lamp), comprising:
a light guide element having a first annular surface and a second annular surface arranged on two opposite sides respectively, wherein a groove is defined on a side of the light guide element where the first annular surface is located (as illustrated by Fig. 4, pg. 2-3/10: the bottom of the light guide plate ring body 1 is provided with at least one light inlet 11);
a light source assembly, wherein a light emitting portion of the light source assembly is at least partially arranged within the groove, and the light emitting portion is configured to emit light towards the light guide element (as illustrated by Fig. 4, pg. 2-3/10: the bottom of the light guide plate ring body 1 is provided with at least one light inlet 11);
a first reflective film, arranged on the first annular surface (as illustrated by Fig. 3, pg. 2-3/10: the lower surface of the light guide plate ring body (1) is adhered with a lower reflecting film (2));
and a second reflective film, arranged on the second annular surface, wherein a coverage area is formed by the second reflective film covering on the second annular surface (as illustrated by Fig. 3, pg. 2-3/10: the lower surface of the light guide plate ring body (1) is adhered with a lower reflecting film (2)), and an orthogonal projection of the light emitting portion on the second annular surface falls within the coverage area (as illustrated by Figs. 3-4, pg. 2-3/10: the light source is emitted to the light inlet 11, at the same time, the upper reflecting film 3 then reflects the residual light into the light guide plate ring 1, changing the path of the light, reducing the light loss, the lower reflecting film 2 also reflects the light into the light guide plate ring 1, improving the utilization rate of the light).
Regarding claim 2, XIAO teaches the breathing light module as claimed in claim 1, in addition XIAO discloses wherein a periphery of the light guide element is arranged with a light concentrating portion, the light concentrating portion is configured to converge the light incident on the light concentrating portion and emit the light from the periphery of the light guide element (as illustrated by Figs. 1-4, 2-3/10: the periphery of the light guide plate ring body (1) is provided with a saw tooth (12), so that the brightness of the product light guide is higher, and the uniformity is better.).
Regarding claim 3, XIAO teaches the breathing light module as claimed in claim 2, in addition XIAO discloses wherein the light concentrating portion comprises a plurality of sawteeth, and the plurality of sawteeth are sequentially arranged along the periphery of the light guide element (as illustrated by Figs. 1-4, 2-3/10: the periphery of the light guide plate ring body (1) is provided with a saw tooth (12), so that the brightness of the product light guide is higher, and the uniformity is better.).
Regarding claim 4, XIAO teaches the breathing light module as claimed in claim 2, in addition XIAO discloses wherein the light guide element has at least two grooves defined thereon, the periphery of the light guide element is arranged with at least two light concentrating portions, and the grooves and the light concentrating portions are alternatively arranged along a circumferential direction of the light guide element (as illustrated by Figs. 1-4, 2-3/10: the bottom of the light guide plate ring body 1 is provided with at least one light inlet 11. The light inlet 11 in the design is a groove the groove body is connected to the inner wall of the light guide plate ring body 1, the LED lamp is located below the groove, the top is light. The light inlet 11 is provided with two and left and right distributed on the bottom of the light guide plate body 1, two sides of the light to improve the uniformity of light; according to the actual requirement, it can be set three or four.).
Regarding claim 5, XIAO teaches the breathing light module as claimed in claim 4, in addition XIAO discloses wherein any interval between any one of the at least two grooves and an adjacent one of the at least two light concentrating portions is equal (as illustrated by Figs. 1-4, 2-3/10: the sawtooth 12 is provided with two groups and distributed on the periphery of the light guide plate ring body 1; the light source from the left and right two sides of the two light inlet 11, irradiating to the front and back two side position through the sawtooth 12 light emitting. the light guide plate ring body 1 of the inner ring, corresponding to the light inlet 11 above and corresponding to the light inlet 11 periphery position are sunned with shading grain 13, the set can reduce the lamp front bright LED of the lamp.).
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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over the Chinese Patent Publication No. 216480787 U to XIAO, Sheng-Yu (employing the provided machine translation and hereafter “XIAO”), in view of Dong et al. (US 20180094792 A1, hereinafter “Dong”).
Regarding claim 6, XIAO teaches the breathing light module as claimed in claim 1, in addition XIAO discloses wherein the light source assembly comprises a LED light, a position of a light emitting surface of the LED light forms the light emitting portion (as illustrated by Figs. 1-4, 2-3/10: LED light source is upward set at the light inlet 11 position. The light inlet 11 is provided with two and left and right distributed on the bottom of the light guide plate body 1, two sides of the light to improve the uniformity of light; according to the actual requirement, it can be set three or four.).
XIAO does not teach wherein the LED light comprises at least one of a red LED light, a green LED light, and a blue LED light.
However, Dong discloses wherein the LED light comprises at least one of a red LED light, a green LED light, and a blue LED light (Figs. 10-11, [0050]&[0060]-[0061]: Light guide 281 is configured to receive light from multiple lighting elements, which may be LEDs and may include LEDs that emit light of different colors. the plurality of light emitters comprising five or more groups of light emitting diodes (LEDs). Each group of LEDs may include a red LED, a blue LED, and a green LED.), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the LED light comprises at least one of a red LED light, a green LED light, and a blue LED light as taught by Dong into XIAO Breath Lamp device. The suggestion/ motivation for doing so would be to provide various effects including: increased light output (brightness), lighting animations, and multiple colors (Dong: [0031]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the XIAO and Dong combination as applied above, in view of case Law In re Japikse, 86 USPQ 70.
Regarding claim 7, XIAO and Dong combination teaches the breathing light module as claimed in claim 6, in addition Dong discloses wherein the red LED light, the green LED light, and the blue LED light are arranged in parallel in the groove Figs. 10-11, [0050]&[0060]-[0061]: Light guide 281 is configured to receive light from multiple lighting elements, which may be LEDs and may include LEDs that emit light of different colors. the plurality of light emitters comprising five or more groups of light emitting diodes (LEDs). Each group of LEDs may include a red LED, a blue LED, and a green LED.).
The XIAO and Dong combination does not teach the green LED light is arranged at an inner side of the red LED light, the blue LED light is arranged at an outer side of the red LED light, and the inner side of the red LED light is a side facing a center of the light guide element.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the green LED light is arranged at an inner side of the red LED light, the blue LED light is arranged at an outer side of the red LED light, and the inner side of the red LED light is a side facing a center of the light guide element, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over the Chinese Patent Publication No. 216480787 U to XIAO, Sheng-Yu (employing the provided machine translation and hereafter “XIAO”), in view of case Law In re Aller, 105 USPQ 233.
Regarding claim 12, XIAO teaches the breathing light module as claimed in claim 1, except wherein a light transmission rate of the light guide element is 40% to 60%, and a thickness of the light guide element is 0.65 mm to 0.75 mm.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein a light transmission rate of the light guide element is 40% to 60%, and a thickness of the light guide element is 0.65 mm to 0.75 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 13, XIAO teaches the breathing light module as claimed in claim 1, except wherein a reflectance of the first reflective film and a reflectance of the second reflective film are both greater than or equal to 80%, a light transmission rate of the first reflective film is 0.3% to 0.5%, and a light transmission rate of the second reflective film is 0.2% to 0.4%.
XIAO discloses the upper reflecting film 3 and the lower reflecting film 2 are made of 0.05mm white single-surface glue, the emissivity is more than 83 %. However
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein a reflectance of the first reflective film and a reflectance of the second reflective film are both greater than or equal to 80%, a light transmission rate of the first reflective film is 0.3% to 0.5%, and a light transmission rate of the second reflective film is 0.2% to 0.4%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the Chinese Patent Publication No. 216480787 U to XIAO, Sheng-Yu (employing the provided machine translation and hereafter “XIAO”), in view of case Law In re Aller, 105 USPQ 233 and case Law In re Leshin, 125 USPQ 416.
Regarding claim 14, XIAO teaches the breathing light module as claimed in claim 13, except wherein a material of the first reflective film and the second reflective film is white Polyethylene Terephthalate (PET).
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein a material of the first reflective film and the second reflective film is white Polyethylene Terephthalate (PET), since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 15, XIAO teaches the breathing light module as claimed in claim 13, except wherein the first reflective film is double-sided adhesive tape, and the second reflective film is single-sided adhesive tape.
XIAO discloses the upper reflecting film and the lower reflecting film are made of 0.05mm white single-faced adhesive. However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein a material of the first reflective film and the second reflective film is white Polyethylene Terephthalate (PET), since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the Chinese Patent Publication No. 216480787 U to XIAO, Sheng-Yu (employing the provided machine translation and hereafter “XIAO”), in view of Chinese Patent Publication No. 113067970 A to LIANG et al. (employing the provided machine translation and hereafter “LIANG”).
Regarding claim 20, claim 20 has been analyzed and rejected with regard to claim 1 and in accordance with XIAO's further teaching on: an electronic device (Figs. 1-4, 2-3/10: mobile phone camera guide plate of breath lamp), comprising: a camera module and a breathing light module (Figs. 1-4, 2-3/10: mobile phone camera guide plate of breath lamp),
XIAO does not teach wherein the camera module faces the light guide element, and the light guide element is arranged to surround an optical axis of the camera module.
However, LIANG discloses wherein the camera module faces the light guide element, and the light guide element is arranged to surround an optical axis of the camera module (Figs. 1-4, pg. 4-6/28: a camera module comprises a lens assembly 10; a light guide member 20 used as a breathing lamp). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the camera module faces the light guide element, and the light guide element is arranged to surround an optical axis of the camera module as taught by LIANG into XIAO Breath Lamp device. The suggestion/ motivation for doing so would be to allow a user of a camera can through the light emitting surface 20b (used as a breathing lamp) whole lighting frequency or colour change to obtain the prompt information (LIANG: pg. 6/28).
Allowable Subject Matter
Claims 8-11 and 16-19 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.
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/ABDELAAZIZ TISSIRE/ Primary Examiner, Art Unit 2638
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