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 .
Claim Objections
Claims 5, 6, 7, 13, and 15 is objected to because of the following informalities:
Claims 5, 6, 7, and 15, “5000k”, “2000k”, and “3500k” appears to be “5000 K”, “2000 K”, and “3500 K”, respectively.
Claims 13, line 4, “a_high” appears to be “a high”. Appropriate correction is required.
Claim 16 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 8. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). It appears that claim 16 should depend from claim 9 instead of claim 1.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 9-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-12 of copending Application No. 19/096310 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 9-12 of copending Application No. 19/096310 include the limitations that recited in claims 9-12 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
19/096347 (Instant Application)
Copending Application No. 19/096310
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.
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.
10. The LED lamp of claim 9, wherein the CCT controller settings correspond with an adjustable switch of the CCT controller.
10. The LED lamp of claim 9, wherein the setting of the CCT controller corresponds with an adjustable switch of the CCT controller.
11. The LED lamp of claim 10, wherein the dimming setting of the dimmer switch corresponds with adjustment of the dimmer switch.
11. The LED lamp of claim 10, wherein the 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 and/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 or one or more other adjustable switches of the CCT controller.
Allowable Subject Matter
Claims 1-8 and 17-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the best prior art of record, Chaimberg et al. (US 11,206,720 B2), taken alone or in combination of other references, does not teach or fairly suggest an LED lamp comprising, among other things, wherein the second input signal is associated with a high CCT setpoint, sample high precision phase angle samples of the first input signal by processing the first input signal over a sampling circuit, increase low-end holding current of the first input signal based on processing the high precision phase angle samples over a damping circuit, and regulate voltage of the first input signal by processing the first input signal over a buck circuit; and change the brightness of the composite light while maintaining the composite CCT at the low CCT corresponding to the low CCT setpoint responsive to changes of the current setting of the dimmer switch that are within a third portion of the dimmable range, as set forth in the claim 1; an LED lamp comprising, among other things, circuitry for receiving a second input signal from a correlated color temperature (CCT) controller, the second input signal associated with a high CCT, a low CCT, and an inflection CCT, 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 portion of the dimmable range, as set forth in the claim 17.
Claims 13-15 (and claim 16 if objection is corrected as discussed above) 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kumar et al. (US 11800617 B2) discloses apparatus and methods for communicating information and power via phase-cut ac waveforms. Melanson et al. (US 8912734 B2) discloses color mixing of electronic light sources with correlation between phase-cut dimmer angle and predetermined black body radiation function.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D CHANG whose telephone number is (571)272-1801. The examiner can normally be reached M-F 8-5 EST.
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/DANIEL D CHANG/Primary Examiner, Art Unit 2845
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