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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on March 18 of 2025, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Response to Amendment
Applicant's preliminary amendment, filed concurrently with the instant application on March 28 of 2025, has been entered. Claims 1, 3, 6, 8 and 10-14 have been amended. No claim has been cancelled, or added. Claims 1-14 are still pending in this application, with claims 1 and 11 being independent.
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. If a satisfactory title is not supplied by the applicant, the examiner may, at the time of allowance, change the title by an examiner’s amendment, per MPEP 606.01. Any changes to claim scope at time of allowance may also result in an additional title amendment.
At this time, the following title is suggested: Flexible LED Strip Lighting Devices with Transverse Emission Direction
Abstract
Applicant is reminded of the proper content, language and format of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. In certain patents, particularly those for compounds and compositions, wherein the process for making and/or the use thereof are not obvious, the abstract should set forth a process for making and/or use thereof. If the new technical disclosure involves modifications or alternatives, the abstract should mention by way of example the preferred modification or alternative.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
Where applicable, the abstract should include the following:
(1) if a machine or apparatus, its organization and operation;
(2) if an article, its method of making;
(3) if a chemical compound, its identity and use;
(4) if a mixture, its ingredients;
(5) if a process, the steps.
Extensive mechanical and design details of apparatus should not be given.
The abstract of the disclosure is objected to because it uses phrases which could be implied, and fails to concisely describe the subject matter of applicant’s invention. Correction is required. See MPEP § 608.01(b).
The Examiner respectfully suggests amending the originally filed abstract as indicated below.
ABSTRACT. A lighting device having an LED disposed on a first circuit board with first electrical conductors, and a circuit board strip having second electrical conductorsmade of a more flexible material than the first circuit board. The LED spinal component is attached at a portion
Claim Rejections Based on Prior Art
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 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.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-7 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (U.S. Pat. 11,287,114) in view of YANG (U.S. Pat. App. Pub. 2007/0097678).
Regarding independent claim 1, LEE et al. discloses a lighting device 100 (as seen in Figure 2) including a first light emitting diode (LED) spinal component 120 (as seen in Figure 4) including a first LED 120 (as seen in Figure 4) and first electrical conductors coupled to the first LED 120 (required for operation of the disclosed device); and a circuit board strip 110 (as seen in Figure 4) including second electrical conductors coupled to the first electrical conductors (required for operation of the disclosed device), wherein the material composing the strip 110 is flexible (see lines 47 and 48 of column 5), and wherein the first LED spinal component 120 is attached at a portion of a surface of the strip 110 such that a primary light emitting surface of the first LED spinal component 120 is at a perpendicular or oblique angle to the portion of the surface of the strip at which the first LED spinal component 120 is attached (as seen in Figure 4), wherein the first LED spinal component 120 includes a coupler (portion of element 120 secured to element 110, as seen in Figure 4) having a first surface (vertical side surface of element 120, as seen in Figure 4) and a second surface (horizontal side surface of element 120, as seen in Figure 4) that is at a perpendicular or oblique angle to the first surface (as seen in Figure 4), wherein the first LED 120 is disposed on the first surface (as seen in Figure 4), and the portion of the surface of the strip is disposed on the second surface (as seen in Figure 4); and a second LED spinal component 120 (as seen in Figure 4) including a second LED 120 (as seen in Figure 4), and wherein the second LED spinal component 120 is attached to the strip 110 (as seen in Figure 4).
LEE et al. fails to explicitly disclose the first LED 120 being disposed on a first circuit board, with the circuit board strip 110 being more flexible than the first circuit board; the first circuit board 110 disposed on the first surface of the first LED spinal component 120; a first discrete optical element disposed on the first LED spinal component 120 configured to form an optical effect from light emitted by the first LED 120; the second LED 120 being disposed on a second circuit board, a second discrete optical element disposed on the second spinal component 120 and configured to form an optical effect from light emitted by the second LED 120.
However, YANG discloses a lighting device 100 (as seen in Figure 1) including a first LED spinal component 20 (as seen in Figure 1) including a first LED 22 (as seen in Figure 1) disposed on a first rigid circuit board 21 (as seen in Figure 1); a circuit board strip 31 (as seen in Figure 1) electrically and mechanically coupled to the first rigid circuit board 21 (as seen in Figure 1) such that a primary light emitting surface of the first LED 22 is at a perpendicular or oblique angle to the surface of the circuit board strip 31 (as seen in Figure 1); a coupler 23 (as seen in Figure 1) having first surface (as seen in Figure 1) coupled to the circuit board strip 31 (as seen in Figure 1), and a second surface arrange perpendicular to the first surface (as seen in Figure 1) and supporting the first LED 22 (as seen in Figure 1); a first discrete optical element (dome lens portion of element 22, as seen in Figure 1) disposed on the first LED spinal component 20 (as seen in Figure 1) configured to form an optical effect from light emitted by the first LED 22 (inherent, as such is the purpose of lenses); a second LED spinal component 20 (as seen in Figure 1) including a second LED 22 (as seen in Figure 1) disposed on a second rigid circuit board 21 (as seen in Figure 1) electrically and mechanically coupled to the circuit board strip 31 (as seen in Figure 1); and a second discrete optical element (dome lens portion of element 22, as seen in Figure 1) disposed on the second LED spinal component 20 (as seen in Figure 1) configured to form an optical effect from light emitted by the second LED 22 (inherent, as such is the purpose of lenses).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the known LED spinal components 20 of YANG for that in the patented lighting device 100 of LEE et al., to obtain the predictable result of enabling the lighting device 100 to accommodate different types and numbers of LEDs, as necessitated by the specific requirements of a particular application (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
In addition, one of ordinary skill in the art before the effective filing date of the claimed invention would have readily recognized the rigid circuit board 21 of YANG as being less flexible than the flexible circuit board strip 110 of LEE et al.
Regarding dependent claim 3, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, except the first discrete optical element being different than the second discrete optical element.
However, the examiner takes Official Notice of the use and advantages of different optical elements, specifically within the same illumination device, are old and well known in the illumination art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to simply include known different optical elements in the patented lighting device 100 of LEE et al., as previously modified by YANG, to obtain the predictable result of enabling the apparatus to adjust a given optical effect, as necessitated the specific requirements of a particular application. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Regarding dependent claim 4, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, further discloses the first circuit board 21 provides the optical element with a degree of structural integrity that is greater than a structural integrity of the optical element if disposed on the circuit board strip 31 (the contact surface of the optical elements is larger to element 21, than what it would be to element 31, as evidenced by Figure 1).
Regarding dependent claim 5, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, YANG disclosing the first circuit board 21 is a rigid printed circuit board (as evidenced by Figure 1), and LEE et al. disclosing the strip is a flex PCB 110 (see lines 47-48 of column 5).
Regarding dependent claim 6, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, LEE et al. further discloses the first LED spinal component 120 (as seen in Figure 4) and the second LED spinal component 120 (as seen in Figure 4) are included in a plurality of LED spinal components 120 (as seen in Figure 4) attached to respective portions of the surface of the strip 110 (as seen in Figure 4) such that primary light emitting surfaces of the plurality of LED spinal components 120 are at a perpendicular or oblique angle to the respective portions of the surface of the strip 110 (as seen in Figure 4).
Regarding dependent claim 7, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, LEE et al. further discloses each LED spinal component 120 of the plurality 120 is free standing with respect to each other LED spinal component 120 of the plurality 120 (as seen in Figure 4).
Regarding independent method claim 11, LEE et al. discloses a method for producing a lighting device 100 (as seen in Figure 2), the method including the steps of forming a first light emitting diode (LED) spinal component 120 (as seen in Figure 4) by fashioning a first LED 120 (as seen in Figure 4) and first electrical conductors coupled to the first LED 120 (required for operation of the disclosed device); and attaching the first LED spinal component 120 to a circuit board strip 110 (as seen in Figure 4) such that second electrical conductors of the strip 110 are coupled to the first electrical conductors (required for operation of the disclosed device), wherein the material composing the strip 110 is flexible (see lines 47 and 48 of column 5), and wherein the first LED spinal component 120 is attached at a portion of a surface of the strip 110 such that a primary light emitting surface of the first LED spinal component 120 is at a perpendicular or oblique angle to the portion of the surface of the strip at which the first LED spinal component 120 is attached (as seen in Figure 4), wherein the first LED spinal component 120 includes a coupler (portion of element 120 secured to element 110, as seen in Figure 4) having a first surface (vertical side surface of element 120, as seen in Figure 4) and a second surface (horizontal side surface of element 120, as seen in Figure 4) that is at a perpendicular or oblique angle to the first surface (as seen in Figure 4), wherein the first LED 120 is disposed on the first surface (as seen in Figure 4), and the portion of the surface of the strip is disposed on the second surface (as seen in Figure 4); and a second LED spinal component 120 (as seen in Figure 4) including a second LED 120 (as seen in Figure 4), and wherein the second LED spinal component 120 is attached to the strip 110 (as seen in Figure 4).
LEE et al. fails to explicitly disclose the first LED 120 being disposed on a first circuit board, with the circuit board strip 110 being more flexible than the first circuit board; the first circuit board 110 disposed on the first surface of the first LED spinal component 120; a first discrete optical element disposed on the first LED spinal component 120 configured to form an optical effect from light emitted by the first LED 120; the second LED 120 being disposed on a second circuit board, a second discrete optical element disposed on the second spinal component 120 and configured to form an optical effect from light emitted by the second LED 120.
However, YANG discloses a lighting device 100 (as seen in Figure 1) including a first LED spinal component 20 (as seen in Figure 1) including a first LED 22 (as seen in Figure 1) disposed on a first rigid circuit board 21 (as seen in Figure 1); a circuit board strip 31 (as seen in Figure 1) electrically and mechanically coupled to the first rigid circuit board 21 (as seen in Figure 1) such that a primary light emitting surface of the first LED 22 is at a perpendicular or oblique angle to the surface of the circuit board strip 31 (as seen in Figure 1); a coupler 23 (as seen in Figure 1) having first surface (as seen in Figure 1) coupled to the circuit board strip 31 (as seen in Figure 1), and a second surface arrange perpendicular to the first surface (as seen in Figure 1) and supporting the first LED 22 (as seen in Figure 1); a first discrete optical element (dome lens portion of element 22, as seen in Figure 1) disposed on the first LED spinal component 20 (as seen in Figure 1) configured to form an optical effect from light emitted by the first LED 22 (inherent, as such is the purpose of lenses); a second LED spinal component 20 (as seen in Figure 1) including a second LED 22 (as seen in Figure 1) disposed on a second rigid circuit board 21 (as seen in Figure 1) electrically and mechanically coupled to the circuit board strip 31 (as seen in Figure 1); and a second discrete optical element (dome lens portion of element 22, as seen in Figure 1) disposed on the second LED spinal component 20 (as seen in Figure 1) configured to form an optical effect from light emitted by the second LED 22 (inherent, as such is the purpose of lenses).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the known LED spinal components 20 of YANG for that in the patented lighting device 100 of LEE et al., to obtain the predictable result of enabling the lighting device 100 to accommodate different types and numbers of LEDs, as necessitated by the specific requirements of a particular application (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
In addition, one of ordinary skill in the art before the effective filing date of the claimed invention would have readily recognized the rigid circuit board 21 of YANG as being less flexible than the flexible circuit board strip 110 of LEE et al.
Regarding dependent method claim 12, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, except specifically disclosing the attaching including soldering the first LED spinal component 120 to the surface of the strip 110.
However, the examiner takes Official Notice of the use and advantages of soldering processes, specifically for attaching LED elements to circuit board elements, are old and well known in the illumination art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to simply attach the first LED spinal component 120 to the surface of the strip 110 using soldering, to obtain the predictable result of enabling the first LED spinal component 120 to be quickly and securely attached to the surface of the strip 110 providing both a mechanical and electrical connection. (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385).
Regarding dependent method claim 13, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, discloses the fashioning comprises attaching the first LED 120 on to the first circuit board (as seen in Figure 4).
Regarding dependent method claim 14, LEE et al. individually discloses, or suggests when combined with YANG, all the limitations of the claims, as previously detailed, discloses the fashioning comprises constructing the first LED 120 on the first circuit board (as evidenced by Figure 4).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Laidman (U.S. Pat. 4,654,765), Boss (U.S. Pat. 4,855,882), Cleaver et al. (U.S. Pat. 6,592,238), Wyne Willson (U.S. Pat. 6,676,284), Jang et al. (U.S. Pat. App. Pub. 2018/0163929), Dubuc (U.S. Pat. App. Pub. 2018/0286295), Nall et al. (U.S. Pat. 10,244,616), Bukkems et al. (U.S. Pat. App. Pub. 2019/0113189), Sung (U.S. Pat. 10,337,687), Van Bommel et al. (U.S. Pat. App. Pub. 2019/0212004), and Findlay et al. (U.S. Pat. 10,520,143) discloses illumination devices including a plurality of LED elements provided on a circuit board, such LED elements configured to project light in a direction substantially transverse a longitudinal direction of the circuit board. Some further disclose the circuit board being a flexible circuit board.
Allowable Subject Matter
Claims 2 and 8-10 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.
The following is a statement of reasons for the indication of allowable subject matter:
Applicant teaches a lighting device including a first plurality of LED elements provided on a flexible circuit strip, each LED element including an LED mounted on a circuit board less flexible than the strip and a discrete optical element configured to form an optical effect from light emitted by the LED. The LED element is configured such that a primary light emitting surface of the LED is perpendicular or at an oblique angle to the strip, and further includes a coupler including a first surface supporting the circuit board, and a second surface perpendicular or at an oblique angle to the first surface and coupled to the circuit strip.
In a first embodiment, the circuit strip is sufficiently flexible such that a first end of a six inch long strip of the material of the circuit strip is bendable 360 degrees back onto a second opposite end of the six inch long strip without breaking, while the material of the circuit board is not capable of being bent that way.
In a second embodiment, the circuit strip is a first circuit strip, and a second circuit strip is attached perpendicular or at an oblique angle to the circuit strip, and second plurality of LED elements are disposed on the second circuit strip.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAEL NEGRON whose telephone number is (571)272-2376. The examiner can normally be reached on Monday - Friday from 10:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk Lee, can be reached at telephone number 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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/ISMAEL NEGRON/Primary Examiner
Art Unit 2875
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