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 .
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-4 and 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 8, and 11-12 of U.S. Patent No. PN US 12293885 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation in the current application are anticipated by limitations in the patent.
Current Application
PN US 12293885 B2
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising: a base portion; a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the base portion; and a control circuit configured to generate control signals for controlling a characteristic of the one or more electrical loads in response to rotations of the rotating portion; a direct-current (DC) power source configured to generate a direct current (DC) supply voltage for powering the control circuit;
wherein the control circuit is further configured to generate first control data in response to an actuation of the actuation portion through a first distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a first plane, and generate second control data in response to an actuation of the actuation portion through a second distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a second plane, wherein the idle plane, the first plane, and the second plane are parallel with one another; and
a communication circuit configured to transmit a first control signal associated with the first control data and a second control signal associated with the second control data.
2. The control device of claim 1, wherein the base portion is configured to be placed on a surface or in a user's hand.
3. The control device of claim 1, wherein the base portion is configured to be mounted over a toggle actuator of a mechanical switch that controls whether power is delivered to the one or more electrical loads.
4. The control device of claim 1, wherein the first control data is for toggling the one or more electrical loads between off and on.
14. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources.
15. The control device of claim 14, wherein the control circuit is configured to: illuminate the one or more visual indicators using the one or more light sources of the control device in response to detecting the actuation of the actuation portion through the first distance or the actuation of the actuation portion through the second distance.
1. A control device configured for use in a load control system to control an electrical load external to the control device, the control device comprising: a base portion; an actuation portion comprising a front surface that is parallel with a faceplate when installed, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the faceplate; and
a control circuit configured to: generate control data in response to an actuation of the actuation portion through a first distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a first plane that is parallel with the idle plane; and cause the control device to enter an association mode to associate the control device to the electrical load or another control device in response to an actuation of the actuation portion through a second distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a second plane that is parallel with the idle plane.
11. The control device of claim 1, further comprising: a direct-current (DC) power source configured to generate a direct current (DC) supply voltage for powering the control circuit; and a communication circuit configured to transmit a control signal comprising the control data to the electrical load.
12. The control device of claim 1, wherein the base portion is configured to be mounted over a toggle actuator of a mechanical switch that controls whether power is delivered to the electrical load.
8. The control device of claim 1, wherein the control data is for toggling the electrical load between off and on.
7. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources, wherein the control circuit is configured to generate an association animation using the one or more visual indicators while in the association mode.
Claims 1 and 3-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-15 of U.S. Patent No. PN US 11942287 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation in the current application are anticipated by limitations in the patent.
Current Application
PN US 11942287 B2
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising: a base portion; a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the base portion; and a control circuit configured to generate control signals for controlling a characteristic of the one or more electrical loads in response to rotations of the rotating portion; a direct-current (DC) power source configured to generate a direct current (DC) supply voltage for powering the control circuit; wherein the control circuit is further configured to generate first control data in response to an actuation of the actuation portion through a first distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a first plane, and generate second control data in response to an actuation of the actuation portion through a second distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a second plane, wherein the idle plane, the first plane, and the second plane are parallel with one another;
and a communication circuit configured to transmit a first control signal associated with the first control data and a second control signal associated with the second control data.
3. The control device of claim 1, wherein the base portion is configured to be mounted over a toggle actuator of a mechanical switch that controls whether power is delivered to the one or more electrical loads.
4. The control device of claim 1, wherein the first control data is for toggling the one or more electrical loads between off and on.
5. The control device of claim 4, wherein the second control data is for toggling the one or more electrical loads between off and on over a fade out period of time.
6. The control device of claim 4, wherein the second control data is for changing an operating mode of the control device, wherein, when in different operating modes, the control device is configured to control different characteristics of the one or more electrical loads in response to rotations of the rotating portion.
7. The control device of claim 6, wherein the one or more electrical loads comprise a lighting load and the characteristics comprise intensity and color of the lighting load.
8. The control device of claim 4, wherein the second control data causes the control circuit to enter an advanced mode, wherein, when in the advanced mode, the control circuit is configured to set a preset associated with the one or more electrical loads or associate the control device to an electrical load.
9. The control device of claim 1, wherein the control circuit is further configured to generate third control data in response to actuation of the actuation portion into the first plane for greater than a first predetermined amount of time.
10. The control device of claim 9, wherein at least one of the first control data or the second control data is for toggling the one or more electrical loads between off and on, and the third control data is for setting a preset of the one or more electrical loads.
11. The control device of claim 9, wherein the control circuit is further configured to generate fourth control data in response to actuation of the actuation portion into the second plane for greater than a second predetermined amount of time.
12. The control device of claim 11, wherein the fourth control data is for associating the control device with an electrical load.
13. The control device of claim 9, wherein the one or more electrical loads comprise a lighting load and wherein, in response to actuation of the actuation portion into the first plane or the second plane for a third predetermined amount of time, the control circuit is configured to toggle between intensity control and color control of the lighting load in response to rotations of the rotating portion.
14. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources.
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising: a base portion; an actuation portion comprising a front surface that is parallel with a faceplate when installed, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the faceplate; and a control circuit configured to generate at least first and second control data for providing different control of the one or more electrical loads based respectively on first and second distances through which the front surface of the actuation portion is pressed away from the idle plane, wherein the first distance and the second distance are different, and wherein at least one of the first control data or the second control data is for toggling the one or more electrical loads between off and on.
3. The control device of claim 1, further comprising: a direct-current (DC) power source configured to generate a direct current (DC) supply voltage for powering the control circuit;
and a communication circuit configured to transmit a first control signal associated with the first control data and a second control signal associated with the second control data.
4. The control device of claim 1, wherein the base portion is configured to be mounted over a toggle actuator of a mechanical switch that controls whether power is delivered to the one or more electrical loads.
5. The control device of claim 1, wherein the first control data is for toggling the one or more electrical loads between off and on.
6. The control device of claim 5, wherein the second control data is for toggling the one or more electrical loads between off and on over a fade out period of time.
7. The control device of claim 5, further comprising: a rotating portion rotatable with respect to the base portion; wherein the second control data is for changing an operating mode of the control device, wherein, when in different operating modes, the control device is configured to control different characteristics of the one or more electrical loads in response to rotations of the rotating portion.
8. The control device of claim 7, wherein the one or more electrical loads comprise a lighting load and the characteristics comprise intensity and color of the lighting load.
9. The control device of claim 5, wherein the second control data causes the control circuit to enter an advanced mode, wherein, when in the advanced mode, the control circuit is configured to set a preset associated with the one or more electrical loads or associate the control device to an electrical load.
10. The control device of claim 1, wherein the control circuit is further configured to generate third control data in response to actuation of the actuation portion into a first plane for greater than a first predetermined amount of time, wherein the first plane is characterized by the actuation portion being pressed the first distance.
11. The control device of claim 10, wherein at least one of the first control data or the second control data is for toggling the one or more electrical loads between off and on, and the third control data is for setting a preset of the one or more electrical loads.
12. The control device of claim 10, wherein the control circuit is further configured to generate fourth control data in response to actuation of the actuation portion into a second plane for greater than a second predetermined amount of time, wherein the second plane is characterized by the actuation portion being pressed the second distance.
13. The control device of claim 12, wherein the fourth control data is for associating the control device with an electrical load.
14. The control device of claim 10, further comprising: a rotating portion rotatable with respect to the base portion; wherein the one or more electrical loads comprise a lighting load and wherein, in response to actuation of the actuation portion being pressed the first or second distance for a third predetermined amount of time, the control circuit is configured to toggle between intensity control and color control of the lighting load in response to rotations of the rotating portion.
15. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources.
Claims 1, 3-14, and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 18 of U.S. Patent No. PN US 10964494 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation in the current application are anticipated by limitations in the patent.
Current Application
PN US 10964494 B2
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising: a base portion; a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the base portion; and a control circuit configured to generate control signals for controlling a characteristic of the one or more electrical loads in response to rotations of the rotating portion; a direct-current (DC) power source configured to generate a direct current (DC) supply voltage for powering the control circuit; wherein the control circuit is further configured to generate first control data in response to an actuation of the actuation portion through a first distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a first plane, and generate second control data in response to an actuation of the actuation portion through a second distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a second plane, wherein the idle plane, the first plane, and the second plane are parallel with one another;
and a communication circuit configured to transmit a first control signal associated with the first control data and a second control signal associated with the second control data.
3. The control device of claim 1, wherein the base portion is configured to be mounted over a toggle actuator of a mechanical switch that controls whether power is delivered to the one or more electrical loads.
4. The control device of claim 1, wherein the first control data is for toggling the one or more electrical loads between off and on.
5. The control device of claim 4, wherein the second control data is for toggling the one or more electrical loads between off and on over a fade out period of time.
6. The control device of claim 4, wherein the second control data is for changing an operating mode of the control device, wherein, when in different operating modes, the control device is configured to control different characteristics of the one or more electrical loads in response to rotations of the rotating portion.
7. The control device of claim 6, wherein the one or more electrical loads comprise a lighting load and the characteristics comprise intensity and color of the lighting load.
8. The control device of claim 4, wherein the second control data causes the control circuit to enter an advanced mode, wherein, when in the advanced mode, the control circuit is configured to set a preset associated with the one or more electrical loads or associate the control device to an electrical load.
9. The control device of claim 1, wherein the control circuit is further configured to generate third control data in response to actuation of the actuation portion into the first plane for greater than a first predetermined amount of time.
10. The control device of claim 9, wherein at least one of the first control data or the second control data is for toggling the one or more electrical loads between off and on, and the third control data is for setting a preset of the one or more electrical loads.
11. The control device of claim 9, wherein the control circuit is further configured to generate fourth control data in response to actuation of the actuation portion into the second plane for greater than a second predetermined amount of time.
12. The control device of claim 11, wherein the fourth control data is for associating the control device with an electrical load.
13. The control device of claim 9, wherein the one or more electrical loads comprise a lighting load and wherein, in response to actuation of the actuation portion into the first plane or the second plane for a third predetermined amount of time, the control circuit is configured to toggle between intensity control and color control of the lighting load in response to rotations of the rotating portion.
14. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources.
16. The control device of claim 1, wherein the first plane is located closer to the base portion than the idle plane, and the second plane is located closer to the base portion than the first plane.
17. The control device of claim 1, wherein the actuation portion is attached to the rotating portion.
18. The control device of claim 1, wherein the actuation portion is separate from the rotating portion and received in a central opening of the rotating portion.
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising: a base portion configured to be mounted to an electrical wallbox or over a mechanical switch; a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface, the front surface of the actuation portion biased to an idle plane along an axis that is perpendicular to the base portion; and a control circuit configured to generate control signals for controlling a characteristic of the one or more lighting loads in response to rotations of the rotating portion; wherein the control circuit is further configured to generate first control data in response to an actuation of the actuation portion through a first distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a first plane, and generate second control data in response to an actuation of the actuation portion through a second distance along the axis perpendicular to the base portion to place the front surface of the actuation portion in a second plane, wherein the idle plane, the first plane, and the second plane are parallel with one another.
16. The control device of claim 1, further comprising: a communication circuit configured to transmit a first control signal associated with the first control data and a second control signal associated with the second control data.
18. The control device of claim 1, wherein the control device is configured to be mounted over a toggle actuator of the mechanical switch that controls whether power is delivered to the one or more electrical loads.
2. The control device of claim 1, wherein the first control data is for toggling the one or more electrical loads between off and on.
3. The control device of claim 2, wherein the second control data is for toggling the one or more electrical loads between off and on over a fade out period of time.
4. The control device of claim 2, wherein the second control data is for changing an operating mode of the control device, wherein, when in different operating modes, the control device is configured to control different characteristics of the one or more electrical loads in response to rotations of the rotating portion.
5. The control device of claim 4, wherein the one or more electrical loads comprise a lighting load and the characteristics comprise intensity and color of the lighting load.
6. The control device of claim 2, wherein the second control data causes the control circuit to enter an advanced mode, wherein, when in the advanced mode, the control circuit is configured to set a preset associated with the one or more electrical loads or associate the control device to an electrical load.
7. The control device of claim 1, wherein the control circuit is further configured to generate third control data in response to actuation of the actuation portion into the first plane for greater than a first predetermined amount of time.
8. The control device of claim 7, wherein at least one of the first control data or the second control data is for toggling the one or more electrical loads between off and on, and the third control data is for setting a preset of the one or more electrical loads.
9. The control device of claim 7, wherein the control circuit is further configured to generate fourth control data in response to actuation of the actuation portion into the second plane for greater than a second predetermined amount of time.
10. The control device of claim 9, wherein the fourth control data is for associating the control device with an electrical load.
11. The control device of claim 7, wherein the one or more electrical loads comprise a lighting load and wherein, in response to actuation of the actuation portion into the first plane or the second plane for a third predetermined amount of time, the control circuit is configured to toggle between intensity control and color control of the lighting load in response to rotations of the rotating portion.
12. The control device of claim 1, further comprising: one or more visual indicators configured to be illuminated by one or more light sources.
13. The control device of claim 1, wherein the first plane is located closer to the base portion than the idle plane, and the second plane is located closer to the base portion than the first plane.
14. The control device of claim 1, wherein the actuation portion is attached to the rotating portion.
15. The control device of claim 1, wherein the actuation portion is separate from the rotating portion and received in a central opening of the rotating portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dimberg (US 20170280534 A1) discloses:
A control device (figs 5-7h) configured for use in a load control system to control one or more electrical loads external to the control device [0003], the control device comprising:
a base portion (320 );
an actuation portion (330; see also actuators in fig 12 being buttons/switches in [0254]) comprising a front surface (front of 334) that is parallel with a faceplate (316) when installed, the front surface of the actuation portion biased to an idle plane (plane before the actuation portion being pressed/pushed; [0159]) along an axis that is perpendicular to the faceplate (pushed interface in 0159 involves a perpendicular plane to faceplate); and
a control circuit (814; figs 12, 13) configured to generate
Kurokawa (US 20190180957 A1) discloses:
a control circuit (figs 1-10) configured to generate at least first and second control data (output of 12-1 and 12-2) based respectively on first and second distances through which the front surface of the actuation portion is pressed away from the idle plane (see fig 5 where different distances and levels of pressing are being detected), wherein the first distance and the second distance are different (see half pressed state and full pressed state in fig 5)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Renan Luque whose telephone number is (571)270-1044. The examiner can normally be reached M-F 9:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at (571) 272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RENAN LUQUE/ Primary Examiner, Art Unit 2844
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