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 .
DETAILED ACTION
The preliminary amendment filed 28 January 2025 has been entered. Currently Claims 1-14 are pending.
Specification
The disclosure is objected to because of the following informalities: on Pg 7, lines 5-10. The reference numerals 45 and 46 do not exist in the drawings and are clearly typographical errors which should be 405 and 406 respectively.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: on line 11, “coupled to the light module the one or more tabs brackets mate…” is a run on sentence lacking a conjunction such as –and or wherein—after “ light module”.
Appropriate correction is required.
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 12 and 14 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 claims recite the limitation "the heat sink". There is insufficient antecedent basis for this limitation in the claims. For purposes of the rejection the interpretation will refer to –the enclosure--
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claims 1-2, 4-6, 9-10, 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai (U.S. PG Publication No. 2010/0039829).
Regarding Claim 1, Tsai discloses in Figures 1-fB, a recessed lighting fixture 100, comprising: a light module 130, 170 (light module 130 with optical element 170) that includes a light source (LEDs) ;a heat sink (body 120 with heat dissipation fins 124 on outer surface 122a of the body 120) thermally coupled to the light module 130, the heat sink 120 including one or more embossments (locking portions 122c); and a trim assembly (frame 110 that is seen to be a trim assembly that is visible and conceals the components behind the ceiling material of the light fixture) that is removably coupled to the light module 130, the trim assembly 110 including a top edge 112 defining a first opening and a bottom edge defining a second opening 112c that is disposed below the first opening, a body extending from the top edge to the bottom edge (frame comprises a bottom opening a larger upper opening separated by wall (shown in Figure 2), and a retention assembly 114, 150 including a tension spring 152, one or more arms 154 extending form the tension spring 152 and one or more tab brackets 114,wherein when the trim assembly 110 is mechanically coupled to the light module 130,170 the one or more tabs brackets 114 mate with the one or more embossments 122c on the heat sink 120 and the one or more tabs brackets 114 lock into place when the one or more arms 154 extending from the torsion spring 152 are biased outwards toward the bottom edge of the trim 110 in the mounting position, the lighting fixture 100 is held in place to reduce or prevent any rotation or shifting (the ends 154 of the deformable ends 152 are adapted to lean against the outer periphery of the bottom plate 112 when not pressed by force Para 0037).
Regarding Claim 2, Tsai discloses in Figure 2, the recessed lighting fixture 100 of claim 1, wherein the one or more tab brackets 114 are formed by walls 114b extending in a vertical orientation toward the top edge.
Regarding Claim 4 and 12, Tsai discloses in Figures 4A, 4B, the recessed lighting fixture 100 of claim 1, wherein retention assembly 114 include two tab brackets 114 and the heat sink 120 includes two embossments 122c, wherein the two tab brackets 114c mate into the two embossments 122c.
Regarding Claim 5, Tsai discloses the recessed lighting fixture 100 of claim 4, wherein the retention assembly 114, 150 includes two arms 154 extending from the torsion spring 152 that are biased outwards toward the bottom edge which act like mouse trap spring 152 to removable hold the lighting fixture 100 to a mounting position wherein the torsion spring 152 has a torsion force of a strength adequate to apply an inward retention force to maintain a retention force on the bottom edge.
Regarding Claim 6, Tsai discloses in Figures 1-4B, the recessed lighting fixture 100 of claim 5, wherein the torsion force from the torsion spring 152 is spread via the two tab brackets 114 to the heat sink 120 to reduce the possibility of the tension force from deforming the trim 11.
Regarding 9, Tsai discloses in Figures 1-4B, a recessed lighting fixture (100), comprising: a light module 130, 170 that includes a light source (LEDs);an enclosure (base body 120 with fins 124) that supports the light module 130, 170including one or more embossments (locking portions 122c); and a trim assembly 110 that is removably coupled to the light module 130, 170, the trim assembly 110 including a top edge defining a first opening and a bottom edge defining a second opening 112b that is disposed below the first opening, a body extending from the top edge (302) to the bottom edge (303), and a retention assembly 114, 150 including a tension spring 152, one or more arms 154 extending form the tension spring 152 and one or more tab brackets 114,wherein when the trim assembly 110 is mechanically coupled to the light module 130, 170 the one or more tabs brackets 114 mate with the one or more embossments 122c on the enclosure 120 and the one or more tabs brackets 114 0ock into place when the one or more arms 154 extending from the torsion spring 152 are biased outwards toward the bottom edge of the trim 110 in the mounting position, the lighting fixture 100 is held in place to reduce or prevent any rotation or shifting.
Regarding Claim 10, Tsai discloses in Figure 2, the recessed lighting fixture 100 of claim 9, wherein the one or more tab brackets 114 are formed by walls 114b extending in a vertical orientation toward the top edge.
Regarding Claim 13, Tsai discloses in Figures 1-4B, the recessed lighting fixture 100 of claim 12, wherein the retention assembly 114, 150 includes two arms 154 extending from the torsion spring 152 that are biased outwards toward the bottom edge which act like mouse trap spring to removable hold the lighting fixture 100 to a mounting position wherein the torsion spring 152 has a torsion force of a strength adequate to apply an inward retention force to maintain a retention force on the bottom edge.
Regarding Claim 14, Tsai discloses in Figures 1-4B, the recessed lighting fixture 100 of claim 12, wherein the torsion force from the torsion spring 152 is spread via the two tab brackets 114 to the heat sink 120 to prevent or reduce the possibility of the tension force from deforming the trim 110.
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 (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.
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.
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.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claim 3, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (U.S. PG Publication No. 2010/0039829).
Tsai does not disclose the one or more embossments 122c are rectangular in shape.
It would have been obvious to one of ordinary skill in the art at the time of filing to have a rectangular shaped locking portion or embossment, since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Tsai.
Regarding Claim 8, Tsai does not disclose in Figures 1-4B, the recessed lighting fixture 100 of claim 1, wherein the trim further includes one or more coupling clips that mechanically couple the trim 120 to the lighting fixture 100.
It would have been obvious to one of ordinary skill in the art to use a clip with the trim assembly 110 and the heat sink 120 of Tsai. The claim would have been obvious because the technique of using clipping fasteners to removably secure components together was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement as taught by Tsai. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai (U.S. PG Publication No. 2010/0039829) in view of Chaimberg (U.S. Patent No. 10,801,681).
Regarding Claim 7, Tsai does not disclose the two arms 154 are interconnected at ends opposite the torsion spring by a pad secured across free ends of the two arms 154.
Chaimberg discloses in Figures 2 and 9, a light fixture with pads (pad formations 46) interconnecting arms 45 for smooth frictional engagement of rear surface of ceiling structure (col 5, lines 20-25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to configure the free ends 154 with pad formations for a frictional engagement with the ceiling surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang (U.S. patent No. 11,054,119) discloses a light fixture with trim and heat sink using spring loaded arms to secure the trim to a light module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J MAY whose telephone number is (571)272-5919. The examiner can normally be reached M-F 10AM-3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J MAY/Primary Examiner, Art Unit 2875
