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 .
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.
Claim 6 is 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 6 recites the limitation " the at least first mounting plate and the second mounting plate" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-11 are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No 5,541,819, hereafter referred to as 'Kwong ‘819'. Regarding claim 1, Kwong ‘819 discloses a modular lighting system (10, Fig. 1-2; col 2, In 60 to col 3, In 6, 'FIG. 1 shows a perspective exploded view of a lighting fixture 10 assembled from two interconnected spaced-apart modules 12’), comprising: at least one mounting plate (40a, 40b, Fig. 1-2; col 3, In 27-40, ‘The illustrated embodiment includes a backplate 40 comprising a panel 42 with flanges 43 and side flanges 44 that extend laterally at the edges'; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 38-65); at least one canopy (20, 20b, Fig. 1-2; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face'; col 3, In 38-65, the faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40); and at least one light source (26, 28, Fig. 1-2; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb’, not illustrated').
Regarding claim 2, Kwong ‘819 discloses the modular lighting system of claim 1, and further teaches wherein the at least one mounting plate includes a main body and a flange extending from each side of the main body in a same direction (42, 43, 44, Fig. 1-2 - see how the mounting plates 40 include a main body 42 with flanges 43/44 extending from each side of the body in the same direction; col 3, In 27-40, 'a backplate 40 comprising a panel 42 with flanges 43 and side flanges 44 that extend laterally at the edges').
Regarding claim 3, Kwong ‘819 discloses the modular lighting system of claim 1, and further teaches wherein the at least one mounting plate includes at least a first mounting plate and a second mounting plate that are configured to be arranged adjacent to each other and fixable to each other (11, 40a, 40b, 44, Fig. 1-2- see first mounting plate 40a and second mounting plate 40b arranged adjacent to each other and fixable to each other via the threaded stems 11 and flanges 44; col 3, In 66 to col 4, In 18, ‘The lighting fixture 10 assembles by securing at least two of the modules 12 in a spaced-apart relationship on a wall or ceiling surface 52, as illustrated in FIGS. 1 and 2. Preferably, at least two backplates 40 are first secured together by engaging the ends of the threaded stems 11 with the respective openings 45 of the flanges 44 facing each other across the gap 14. Nuts 46 secure the stem 11 between the facing flange 44b of the modules 12b and 12a, respectively. The backplates 40 are then placed in position on a wall or ceiling surface 52 using the screws 50 that extend through two of the openings 48 in each backplate').
Regarding claim 4, Kwong ‘819 discloses the modular lighting system of claim 1, and further teaches wherein the at least one canopy includes a main body and a plurality of sidewalls with the sidewalls extending in a same direction from the main body and extending along at least a portion of each side of the main body (22, 24, Fig. 1-2 - see how the canopies 20 include a main body 22 with sidewalls 24 extending in the same direction from the main body 22 and extending along each of the sides of the body 22; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face. The flanges 24 define the sides of the module 12').
Regarding claim 5, Kwong ‘819 discloses the modular lighting system of claim 1, and further teaches wherein the at least one canopy is configured to be arranged over the least one mounting plate and fixed to the mounting plate (Fig. 1-2 - see how the canopies 20 are configured to be arranged over the mounting plates 40 and fixed to the mounting plates 40 via the flanges of the canopies and mounting plates; col 4, In 38-65, 'The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 SO that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40').
Regarding claim 6, Kwong ‘819 discloses the modular lighting system of claim 3 (Note: see Box VIII), and further teaches wherein the at least one canopy includes at least a first canopy and a second canopy that are configured to extend over the at least first mounting plate and the second mounting plate, respectively (20, 20b, 40a, 40b, Fig. 1-2-see how the canopy includes a first canopy 20 configured to extend over the first mounting plate 40a and a second canopy 20b configured to extend over the second mounting plate 40b; col 4, In 38-65).
Regarding claim 7, Kwong ‘819 discloses the modular lighting system of claim 1 and further teaches wherein at least one canopy includes at least a first canopy (16, 20, Fig. 1-2 - see how the at least one canopy includes a first canopy comprising the faceplate 20 and cap 16; col 3, In 41-61, "The faceplate 20 slidingly engages the backplate 40. The flanges 24 contact the flanges 43 and 44 of the backplate. The cap 16 is slidingly received on the edge portions 37 of the spaced-apart modules 12. The stop 19 catches on the edge of the respective flange 24 to secure the cap 16 in place') and a second canopy (20b, Fig. 1-2 - see how the at least one canopy includes a second canopy 20b), the first canopy having a recessed sidewall (24b, Fig. 1-2 - see how when the cap 16 is secured to the faceplate 20, the first canopy 16/20 has a recessed/female sidewall 24b recessed from the distal side of the cap 16; col 3, In 17-26, 'At least two opposing flanges 24a and 24b each include an embossed knockout 36') and the second canopy having a protruding sidewall that is configured to mate with the recessed sidewall (24a, Fig. 1-2 - see how the second canopy 20b has a protruding/male sidewall 24a that is configured to mate with the recessed sidewall 24b of the first canopy 16/20, such as when the first and second modules are placed directly adjacent to each other; col 3, In 41-61, Note: intended use).
Regarding claim 8, Kwong ‘819 discloses the modular lighting system of claim 1, and further teaches wherein the least one light source is fixed to the at least one canopy (26, 28, Fig. 1-2 see how the at least one light source 26/28 is fixed to the canopy 20; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated').
Regarding claim 9, Kwong ‘819 discloses a modular lighting kit (10, Fig. 1-2; col 2, In 60 to col 3, In 6, 'FIG.1 shows a perspective exploded view of a lighting fixture 10 assembled from two interconnected spaced-apart modules 12'), comprising: a plurality of mounting plates that are configured to be arranged adjacent to each other (40a, 40b, Fig. 1-2 see mounting plates 40a/40b configured to be arranged adjacent to each other; col 3, In 27-40, ‘The illustrated embodiment includes a backplate 40 comprising a panel 42 with flanges 43 and side flanges 44 that extend laterally at the edges'; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 38-65); a plurality of canopies that are configured to extend over each of the mounting plates (20, 20b, Fig. 1-2 -see canopies 20/20b configured to extend over the mounting plates 40a/40b; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face'; col 3, In 38-65, "The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'; col. 4, In 38-65); and at least one light source that is fixed to and extends from at least one of the canopies (26, 28, Fig. 1-2 – see how the at least one light source 26/28 is fixed to and extends from at least one of the canopies 20; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated').
Regarding claim 10, Kwong ‘819 discloses a method of assembling a modular lighting system (10, Fig. 1-2; col 2, In 60 to col 3, In 6, 'FIG. 1 shows a perspective exploded view of a lighting fixture 10 assembled from two interconnected spaced-apart modules 12'; col 3, In 66 to col 4, In 18; col 3, In 38-65) comprising the following steps: providing at least one mounting plate (40a, 40b, Fig. 1-2; col 3, In 27-40, ‘The illustrated embodiment includes a backplate 40 comprising a panel 42 with flanges 43 and side flanges 44 that extend laterally at the edges'; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 38-65); at least one canopy (20, 20b, Fig. 1-2; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face'; col 3, In 38-65, ‘The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'); and at least one light source (26, 28, Fig. 1-2; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated'); fixing the mounting plate to a surface (40, 52, Fig. 1-2; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'); arranging the canopy over the mounting plate (20, 20b, Fig. 1-2 - see canopies 20/20b configured to extend over the mounting plates 40a/40b; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face'; col 3, In 38-65, "The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'; col 4, In 38-65); and fixing the light source to the canopy (26, 28, Fig. 1-2 - see how the at least one light source 26/28 is fixed to and extends from at least one of the canopies 20; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated').
Regarding claim 11, Kwong ‘819 discloses the method of claim 10, and further teaches the method further comprising the steps of providing a plurality of mounting plates (40a, 40b, Fig. 1-2 - see mounting plates 40a/40b configured to be arranged adjacent to each other; col 3, In 27-40, "The illustrated embodiment includes a backplate 40 comprising a panel 42 with flanges 43 and side flanges 44 that extend laterally at the edges'; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 38-65), a plurality of canopies (20, 20b, Fig. 1-2 - see canopies 20/20b configured to extend over the mounting plates 40a/40b; col 3, In 7-16, 'Each module 12 includes a faceplate 20 having a face 22 with flanges 24 extending laterally from the edges of the face'; col 3, In 38-65, ‘The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'; col 4, In 38-65) and at least one light source (26, 28, Fig. 1-2 - see how the at least one light source 26/28 is fixed to and extends from at least one of the canopies 20; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated'); fixing a first one of the plurality of mounting plates to the surface (40a, Fig. 1-2 - see how a first mounting plate 40a is fixed to the surface 52 via screws 50; col 2, In 41-61, "The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 66 to col 4, In 18); arranging a second one of the plurality of mounting plates adjacent to the first one of the plurality of mounting plates and fixing the second one of the plurality of mounting plates to the surface (40b, Fig. 1-2- see how a second mounting plate 40b is arranged adjacent to the first mounting plate 40a and fixed to the surface 52 via screws 50; col 2, In 41-61, ‘The screws 50 connect the backplate 40 to a surface 52, such as a wall or ceiling'; col 3, In 66 to col 4, In 18); arranging a first one of the plurality of canopies over the first one of the plurality of mounting plates and fixing the first one of the plurality of canopies to the first one of the plurality of mounting plates (Fig. 1-2 -see how a first canopy 20 is arranged over the first mounting plate 40a and fixed to the first mounting plate 40a via the flanges of the canopy and mounting plate; col 4, In 38-65, ‘The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'); arranging a second one of the plurality of canopies over the second one of the plurality of mounting plates and fixing the second one of the plurality of canopies to the second one of the plurality of mounting plates (Fig. 1-2 - see how a second canopy 20b is arranged over the second mounting plate 40b and fixed to the second mounting plate 40b via the flanges of the canopy and mounting plate; col 4, In 38-65, ‘The faceplates 20 are then installed on the backplates 40. In the illustrated embodiment, the faceplates 20 are pushed onto the backplates 40 so that the flanges 24 overlap the flanges 43 and 44 of the backplates. The flanges 24, 43 and 44 slidingly engage to hold the faceplate 20 to the backplate 40'); and fixing the light source to one of the plurality of canopies (26, 28, Fig. 1-2 - see how the at least one light source 26/28 is fixed to the canopy 20; col 3, In 7-16, 'a light socket and globe 26 attaches to a distal end of a curved tube 28 rigidly connected to the faceplate 20. The socket 26 receives a light emitting bulb, not illustrated').
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kwong ‘548 and Spicer ‘346 disclose canopy lights which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED Aziz can be reached at 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875
