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 .
The preliminary amendment filed 5/06/2025 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 5/06/2025 is/are being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: control means in claim 7.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
The examiner is interpreting “control means” as “a processor” as stated in paragraph [0073] of applicant’s specification.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 9 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.
Regarding claim 9, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The examiner is interpreting the claim as “The lighting device as claimed in claim 1 configured to produce a beam where 70% to 90% of the light rays of the beam spreading above the first plane.”
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okubo (US 2018/0328558).
Claim 1: Okubo discloses a lighting device comprising: a first row of light sources (20, fig. 8) including light sources (light radiating chips, see para [0033]) aligned in a first direction (direction perpendicular to cross section of fig. 8) (P1, see annotated fig. 8), an optical axis (O, fig. 8), the optical axis (O) and the first direction defining a first plane (see fig. 8), a second plane (P2, see annotated fig. 8) being perpendicular to the first plane (P1) and includes the optical axis (O),a first lens (40, fig. 8) including a first entry diopter (41, fig. 8) and a first exit diopter (42, fig. 8) includes a first lower portion (lower portion of 41, 42, fig. 8) having a first curvature (curvature of lower portion of 41 or 42) in the second plane (P2) and a first upper portion (upper portion of 41, 42, fig. 8) having a second curvature (curvature of upper portion of 41 or 42) in the second plane (P2), the first upper portion and the first lower portion being located on both sides of a third plane (horizontal plane passing through optical axis O, fig. 8) (P3, see annotated fig. 8), the third plane (P3) being parallel to the first plane (P1), the first upper portion being located above the first lower portion (see fig. 8), and a second lens (30, fig. 8) including a second exit diopter (32, fig. 8) and a second entry diopter (31, fig. 8) includes a second lower portion (lower portion of 30, 32, fig. 8) having a third curvature (curvature of lower portion of 30 or 32, fig. 8) in the second plane (P2) and a second upper portion (upper portion of 30, 32, fig. 8) having a fourth curvature (curvature of upper portion of 30 or 32, fig. 8) in the second plane (P2), the second upper portion and the second lower portion being located on both sides of the third plane (see fig. 8), the second upper portion being located above the second lower portion (see fig. 8), and wherein the first lens, the second lens and the first row of light sources are positioned along the optical axis such that light rays from the first row of light sources propagate through the first lens and then through the second lens (see fig. 8), and
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Claim 2: Okubo discloses the first curvature is more convex than the second curvature, and/or (examiner is interpreting alternative limitation as “or”) the third curvature is more convex than the fourth curvature (see fig. 8).
Claim 3: Okubo discloses the third plane (P3) includes the optical axis (O, fig. 8).
Claim 5: Okubo discloses the first row of light sources (20, fig. 8) includes at least one electroluminescent source (21, fig. 8) with a maximized emissive portion.
Claim 9: As best understood, Okubo discloses configured to produce a beam (see fig. 8) where 70% to 90% of the light rays of the beam spreading above the first plane (plane P1 can be interpreted as any plane under HL-HR in fig. 8a where 70% to 90% of rays are above it).
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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okubo (US 2018/0328558) in view of Motohashi (US 2019/0086051).
Claim 6: Okubo fails to teach at least one second row of light sources including light sources is positioned in contact with the first row of light sources in a second direction parallel to the first direction so that light rays from the second row of light sources propagate through the first lens.
Motohashi teaches a first row of light sources (top row, fig. 2) at least one second row of light sources (bottom row, fig. 2) including light sources (305-309, fig. 2) is positioned in contact with the first row of light sources (301 – 304, fig. 2) in a second direction (horizontal direction of bottom row, fig. 2) parallel to the first direction (horizontal direction of top row, fig. 2) so that light rays from the second row of light sources propagate through the first lens (43, fig. 1).
Therefore, in view of Motohashi, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add at least one second row of light sources including light sources is positioned in contact with the first row of light sources in a second direction parallel to the first direction so that light rays from the second row of light sources propagate through the first lens, in order to increase the light output of the lighting device.
Claim 7: Okubo fails to teach the light sources of the first row of light sources and of the second row of light sources can be individually activated, and further comprising control means for selective activation of the light sources of the first row of light sources and the second row of light sources.
Motohashi teaches the light sources (301 – 304, fig. 2) of the first row of light sources (top row, fig. 2) and of the second row of light sources (bottom row, fig. 2) can be individually activated (individually controlled, see para [0010]) and further comprising
control means (5, fig. 1) for selective activation of the light sources of the first row of light sources and the second row of light sources (see para [0023]).
Therefore, in view of Motohashi, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add at least one second row of light sources where the light sources of the first row of light sources and of the second row of light sources can be individually activated, and further comprising control means for selective activation of the light sources of the first row of light sources and the second row of light sources, in order to increase the light output of the lighting device.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okubo (US 2018/0328558) in view of Mukojima (US 2022/0163189).
Claim 8: Okubo fails to teach the first row of light sources is positioned at a distance between 0.25 mm and 10 mm from the first lens.
Mukojima teaches a first row of light sources (20a, fig. 1) is positioned at a distance (gap between 20a and 24, see para [0043]) between 0.25 mm and 10 mm (0.2 mm to about 1 mm, see para [0043]) from a first lens (24, fig. 1).
Therefore, in view of Mukojima, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the spacing between the first row of light sources is positioned at a distance between 0.25 mm and 10 mm from the first lens, in order to adjust the light output distribution to produce a desired light output, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Allowable Subject Matter
Claim(s) 4 is/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:
The prior art taken as a whole does not show nor suggest the first exit diopter includes a third upper portion positioned above the first upper portion, the third upper portion having a fifth curvature that is more convex than the second curvature with respect to claim(s) 4, as specifically called for in the claimed combinations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sakaguchi et al. (US 2021/0088195), Wu (US 2017/0219177), and Takahiko (US 2024/0410543) discloses a similar lighting device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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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/ZHENG SONG/Primary Examiner, Art Unit 2875
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