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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the modular housing with open ends between the side walls configured to attach to one or more additional modular housings to create a lighting fixture with two or three dimensional shape; the housing having a track inside for attachment to a bracket; wherein the end of the one module is connected to another end of another module in such a configuration that that modular housing and lens of the two modules align ( please note that the only lens described in the Specification and Drawings is lens 2 which belongs to the triangular modular housing),wherein the module is configured to be attached to another module of the same or different shape, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "wherein the triangular housing has curved sidewalls at least one of the curved sidewalls configures to form part of a circle" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 11, from which claim 15 depends does not recite said triangular housing.
Regarding claim 19, Applicant recites “f. one or more plugs for carrying electricity to the LED board” and “g. a plug for making an electric connection placed at one or more ends”. As currently recited, it appears the plugs and plug, respectively, are two different types of plugs. The Specification only describes plug 8. For these reasons, claim 19 is considered vague and indefinite.
As best understood, the following rejection applies.
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)(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) 1,5,7-9,11,12,17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shiner et al (12,320,492, Shiner)
.
Regarding claim 1, Shiner discloses a modular lighting system(100) comprising :. a modular housing with a top (106) and sidewalls(104a), and open ends in between the sidewalls (fig 2 shows open ends, both right and left of the lighting system); an LED board place inside of the modular housing(406, Fig. 4b) ;c. a plurality of LED light sources placed on the LED board, the LED light sources facing downwardly(col. 11, lines 58-67); and. a lens placed below the LED board(118); wherein the housing is configured to attach to one or more additional modular housings( by means of 310 and 312, and 16, Figs. 3a-3c) to create a lighting fixture with two- or three-dimensional shape; wherein a top of the housing has an opening for attachment to a ceiling by a wire (112a, 112b, fig. 4b.)
Regarding claim 5, the module has two internal compartments, above and below the LED board (fig. 4b)
Regarding claim 7. the housing has a track inside for attachment to a bracket.(figs.3a and 3b, by means of 316).
Regarding claim 8, the end of one module is connected to another end of another module in such configuration that the modular housing and lens of the two modules align (fig. 3e).
Regarding claim 9,compartments inside of the housing formed below and above the LED board continue from one module to another without presence of an end cap.(Figs. 3a-3e)
Regarding claim 11, Shiner discloses a modular light system comprising: a housing with a top, and two or more sidewalls(4b,) . an LED board placed inside of the housing, the LED board creating an upper and a lower compartment(406, Fig. 4b); c. a plurality of LED light sources placed on the LED board in the lower compartment (col. 12 lines 20-23; 516, fig. 5a); d. one or more openings in between the sidewalls(fig. 4b); . a lens placed below the LED board for light to leave the lower compartment(118);and one or more plugs for carrying electricity to the LED board, the plugs placed at the ends( as broadly interpreted, Shiner discloses a plug for carrying electricity to the LED board located on a top end (520, Fig. 5e)); wherein the module is configured to be attached to another module of same or different shape(figs. 3f and 6) .
Regarding 12, a track on inside of the sidewalls (figs. 4b, 5e and 6) for receiving a bracket.
Regarding claim 17,the housing has two ends, the two ends perpendicular to each other(fig. 2).
Regarding claim18, wherein the housing is shaped, (figs, 4a and 4b).
Regarding claim 19. Shiner discloses a modular lighting system comprising: a. a housing with top, and two or more sidewalls (100) ;b. an LED board placed inside of the housing(406), the LED board creating an upper and a lower compartment(figs. 4a and 4b); c. a plurality of LED light sources placed on the LED board in the lower compartment(col. 12 lines 20-23; 516, fig. 5a); d. one or more openings in between the sidewalls(figs. 4a-4b) ;e. a lens placed below the LED board for light to leave the lower compartment(118); and f. one or more plugs for carrying electricity to the LED board (520); g. a plug for making an electric connection placed at one or more the ends(top end, 520, Figs. 5d and 5e), ; and h. a track on inside of the sidewalls for receiving a bracket (fig. 6 and figs 3a-3c); wherein the module is configured to be attached to another module of same or different shape (Fig. 3e).
Regarding claim 20, the housing is configured to attach to another housing without an end cap (figs. 3a-3c).
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Garret et al (12,529,457).
Regarding claim 21, Garret discloses a modular lighting system (110,fig. 20) comprising :a. a modular housing with a top (Fig. 4, top side of the device before installation of the PCB ) and sidewalls(120), and open ends in between the sidewalls (162, fig. 19);b. an LED board place inside of the modular housing(152);c. a plurality of LED light sources placed on the LED board(156), the LED light sources facing downwardly(figs. 19 and 20); and . a lens (110)placed below the LED board (as broadly interpreted with respect to placement of the device); wherein the housing is configured to attach to one or more additional modular housings to create a lighting fixture with two- or three-dimensional shape(figs 20-30); wherein the modular housing is triangular (as broadly interpreted, as seen in from a side view , figs 11-13), with curved sidewalls (112,114, when combined with the base 120) and open ends between the sidewalls(162, fig. 19).
Allowable Subject Matter
Claims 2,3,13,14,16 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.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Shiner discloses the limitations of independent claims 1,11,19 above . Shiner does not anticipate individually or teach in combination the limitations of claims 2,3,13,14,16.
Response to Arguments
Applicant’s arguments with respect to claim(s) as shown in the remarks dated 10/23/25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANABEL TON whose telephone number is (571)272-2382. The examiner can normally be reached Monday -Friday 9:00pm -6:00pm (EST).
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/ANABEL TON/ Primary Examiner, Art Unit 2875
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