DETAILED ACTION
This Office Action is in response to the Applicant’s Communication filed on 03/31/2025. In virtue of the communication:
Claims 1-20 are pending in the instant application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 9-12 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-12 and 16 of U.S. Pub. 2025/0311072 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 9-12 and 16 of U.S. Pub ‘072 include the limitations that recited in claims 9-12 and 16 of the instant application, which are indicated as below:
Instant application
U.S. Pub 2025/0311072 A1
9. An LED lamp for operation with a first input signal received from a dimmer switch and a second input signal received from a correlated color temperature (CCT) controller, wherein the first input signal corresponds to a dimming setting of the dimmer switch, the dimming setting including a plurality of ranges, and wherein the second input signal corresponds to CCT controller settings associated with a high CCT setpoint, a low CCT setpoint, and an inflection CCT setpoint, wherein the high CCT setpoint and the low CCT setpoint are independently adjustable, the inflection CCT setpoint is defined by the high CCT setpoint and the low CCT setpoint, and the LED lamp includes: LED light sources having distinct CCT ranges that emit light during operation to produce a composite light having a brightness and a composite CCT; and control circuitry coupled with the LED light sources and configured to couple the first input signal and the second input signal and drive the LED light sources based thereon, wherein the control circuitry is further configured to: maintain the brightness of the composite light while changing the composite CCT from the high CCT to the inflection CCT responsive to changes of the setting of the dimmer switch that are within a first range until the composite CCT reaches the inflection CCT; change the brightness of the composite light while also changing the composite CCT responsive to changes of the setting of the dimmer switch that are within a second range until the composite CCT reaches the low CCT; and change the brightness of the composite light while maintaining the composite CCT at the low CCT responsive to changes of the setting of the dimmer switch that are within a third range.
9. An LED lamp, comprising: circuitry for receiving a first input signal from a dimmer switch and a second input signal from a correlated color temperature (CCT) controller; wherein the first input signal corresponds to a dimming setting of the dimmer switch, the dimming setting including a plurality of ranges, wherein the second input signal corresponds to CCT controller settings associated with a high CCT setpoint, a low CCT setpoint, and an inflection CCT setpoint, and wherein the high CCT setpoint and the low CCT setpoint are independently adjustable, the inflection CCT setpoint is at least partially set by the high CCT setpoint and the low CCT setpoint, an LED light source having distinct CCT ranges that emit light generating a composite light having a brightness and a composite CCT; and control circuitry coupled with the LED light source and configured to couple the first input signal and the second input signal and drive the LED light source based at least on the first input signal and the second input signal, wherein the control circuitry is further configured to: maintain the brightness of the composite light while changing the composite CCT from a high CCT corresponding to the high CCT setpoint to an inflection CCT corresponding to the inflection CCT setpoint responsive to changes of the dimming setting of the dimmer switch that are within a first range until the composite CCT reaches the inflection CCT: change the brightness of the composite light while also changing the composite CCT responsive to changes of the dimming setting of the dimmer switch that are within a second range until the composite CCT reaches a low CCT corresponding to the low CCT setpoint; and change the brightness of the composite light while maintaining the composite CCT at the low CCT responsive to changes of the dimming setting of the dimmer switch that are within a third range.
10. The LED lamp of claim 9, wherein the setting of the CCT controller corresponds with an adjustable switch of the CCT controller.
10. The LED lamp of claim 9, wherein the CCT controller settings correspond with an adjustable switch of the CCT controller.
11. The LED lamp of claim 10, wherein the setting of the dimmer switch corresponds with adjustment of the dimmer switch.
11. The LED lamp of claim 10, wherein the dimming setting of the dimmer switch corresponds with adjustment of the dimmer switch.
12. The LED lamp of claim 10, wherein each of the high CCT setpoint and the low CCT setpoint are independently adjustable using the adjustable switch or one or more other adjustable switches of the CCT controller.
12. The LED lamp of claim 10, wherein each of the high CCT setpoint and the low CCT setpoint are independently adjustable using the adjustable switch and/or one or more other adjustable switches of the CCT controller.
16. The LED lamp of claim 1, wherein the dimmer switch is a triac dimmer switch.
16. The LED lamp of claim 1, wherein the dimmer switch is a triac dimmer switch.
Allowable Subject Matter
Claims 1-8 and 17-20 are allowed.
None of the prior art references teaches the limitation “a first LED light source having a first CCT; a second LED light source having a second CCT different from the first CCT; a third LED light source having a third CCT different from the first CCT and the second CCT; wherein first light emitted from the first LED light source, second light emitted from the second LED light source, and third light emitted from the third LED lights source, combine during operation to produce a composite light having a brightness and a composite CCT; and control circuitry coupled with the first, second, and third LED light sources and configured to couple with the first input signal and the second input signal and drive the first, second, and third LED light sources based thereon, wherein the control circuitry is further configured to: maintain the brightness of the composite light while changing the composite CCT from the high CCT setpoint to the inflection CCT setpoint responsive to changes of the setting of the dimmer switch that are within the first portion of the dimmable range until the composite CCT reaches the inflection CCT setpoint; change the brightness of the composite light while also changing the composite CCT responsive to changes of the setting of the dimmer switch that are within the second portion of the dimmable range until the composite CCT reaches the low CCT setpoint; and change the brightness of the composite light while maintaining the composite CCT at the low CCT setpoint responsive to changes of the setting of the dimmer switch that are within a third portion of the dimmable range” (as recited in claim 1); and “wherein one or more of the high CCT setpoint, the low CCT setpoint, and the inflection CCT setpoint are adjustable by one or more switches of the CCT controller; the LED lamp including a bank of LEDs emitting light during operation to produce a composite light having a brightness and a composite CCT within a range of CCT defined by the high CCT setpoint and the low CCT setpoint, and control circuitry coupled with a bank of LEDs, wherein the control circuitry is configured to couple the first and second input signal and drive the bank of LEDs at the brightness and the composite CCT based on the first input signal and the second input signal, and adjust both brightness and composite CCT within the range of CCT based on the dimming setting corresponding to an inflection point CCT setting” (as recited in claim 17).
Claims 13-15 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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T VU whose telephone number is (571)272-1832. The examiner can normally be reached on 9:00 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H. Taningco can be reached on 571-272-8048. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2800.
/JIMMY T VU/Primary Examiner, Art Unit 2845
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