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 Objections
Claims 2, 6 and 16 are objected to because of the following informalities:
Regarding claim 2, in line 2, Applicant recites that the first LED lighting element is “set at a 120-degree angle”. It is unclear what is meant by “set at a 120-degree angle”, as there is no reference lines and point from which to measure the 120 degree angle. Examiner respectfully asks Applicant to explain or correct. Appropriate correction is required.
Regarding claims 6 and 16, in lines 2-4, Applicant recites that the light distributing element is spaced apart “between” the first LED lighting element, the second LED lighting element, a third LED lighting element and the lighting plate. It is unclear to Examiner how the light distributing element 40 is spaced between all of the recited elements. Examiner respectfully asks Applicant to explain or correct. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 12, in lines 4-7, Applicant recites “reflecting a light scattered from the first LED lighting element, the second LED lighting element, and the third LED lighting element through the light distributing element onto the first LED lighting element, the second LED lighting element, and the third LED lighting element”. Examiner does not understand how light is “reflected” and “scattered” from the first, second and third LED lighting elements through the light distributing element 40, and does not understand how that it is “onto” itself (i.e. “onto” the first LED lighting element, the second LED lighting element, and the third LED lighting element). Examiner respectfully asks Applicant to explain with reference to the drawings and specification as originally filed, or otherwise amend the claim accordingly.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoneda et al (US 2010/0014286).
Regarding claim 1, as best understood by Examiner, Yoneda discloses a rotatry control device comprising: a first LED lighting element (one of LED’s 1; see Figs. 9 and 13-14) and second LED lighting element (another of LED’s 1; see Figs. 9 and 13-14) spaced apart from the first LED lighting element, and a lighting plate 7 spaced apart above the first LED lighting element and the second LED lighting element; wherein a light distributing element (collective 2) that at least partially surrounds the first LED lighting element 1 and the second LED lighting element 1 to disperse a light produced, and a distance between the lighting plate 7 and the light distributing element 2 is adjusted such that projections of a light produced by the first LED lighting element intersect and reflect off each other (see at least Figures 1-22 and paras [0057]-[0109]).
Regarding claim 2, as best understood by Examiner, Yoneda discloses the limitations of claim 1, and further discloses wherein the first LED lighting element 1 is set at a 120 angle and spaced apart from the second LED lighting element (see at least Fig. 14; a designated first LED lighting element 1 sits at a 120 angle).
Regarding claim 3, Yoneda discloses the limitations of claim 2, and further discloses wherein a third LED lighting element (third of LED lighting element 1; see Figs. 13-14) is spaced apart from the first LED lighting element and the second LED lighting element (see at least Figs. 13-14).
Regarding claim 4, Yoneda discloses the limitations of claim 1, and further discloses wherein the light distributing element 2 has at least one lens (see at least Figs. 1-2, 5 and 9).
Regarding claim 5, Yoneda discloses the limitations of claim 5, and further discloses wherein the light distributing element has at least one total internal reflection lens (see at least Figs. 1-2, 5 and 9 and paras [0025] and [0064]).
Regarding claim 6, as best understood by Examiner, Yoneda discloses the limitations of claim 1, and further discloses wherein the light distributing element is spaced apart between the first LED lighting element 1, the second LED lighting element 1, the third LED lighting element 1n and the lighting plate 7 (see at least Figs. 13-14).
Regarding claim 7, Yoneda discloses the limitations of claim 4, and further discloses wherein the light distributing element 2 extends directly over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Regarding claim 8, Yoneda discloses the limitations of claim 4, and further discloses wherein the light distributing element 2 comprises a first lens 2, and second lens 2 and a third lens 2 independently over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Regarding claim 9, Yoneda discloses the limitations of claim 1, and further discloses wherein the lighting plate 7 is semi-transparent (see at least Fig. 13; portions 71 are transparent and pressing member 73 is not transparent).
Regarding claim 10, Yoneda discloses the limitations of claim 9, and further discloses wherein the lighting plate 7 is set in a ring form (see at least Figure 14).
Regarding claim 11, Yoneda discloses the limitations of claim 10, and further discloses wherein a rotary control element (generally 9) is provided in a center of the lighting plate (see embodiment in Fig. 15 where at least a portion of rotary control element 9 is positioned in a center of lighting plate 7).
Regarding claim 12, as best understood by Examiner, Yoneda discloses a method of operating the rotary control device according to claim 11, comprising the steps of turning the rotary control element 9 from a closed position to an open position, activating the first, second and third LED elements 1 and reflecting and scattering light through the light distributing element 2 onto the lighting plate 7 (see at least Figures 7 and 9-11).
Regarding claim 13, Yoneda discloses an oven comprising the rotary control device according to claim 1 (see at least Figures 1-22 and paras [0057]-[0109]; Examiner notes that “an oven” is contained within the preamble not the body of the claim and is not necessary to give life or meaning to the claim (see MPEP 2111.02); Examiner also notes that giving the term its broadest reasonable interpretation, the term “oven” has a definition of “a chamber that is used for baking, heating or drying”, see www.merriam-webster.com, and the device in Yoneda is a chamber that generates heat requiring heat conducting members 5A, see Fig. 9 and para [0075]).
Regarding claim 14, Yoneda discloses the limitations of claim 2, and further discloses wherein the light distributing element 2 has at least one lens (see at least Figs. 1-2, 5 and 9).
Regarding claim 15, Yoneda discloses the limitations of claim 3, and further discloses wherein the light distributing element 2 has at least one lens (see at least Figs. 1-2, 5 and 9).
Regarding claim 16, as best understood by Examiner, Yoneda discloses the limitations of claim 5, and further discloses wherein the light distributing element is spaced apart between the first LED lighting element 1, the second LED lighting element 1, the third LED lighting element 1n and the lighting plate 7 (see at least Figs. 13-14).
Regarding claim 17, Yoneda discloses the limitations of claim 5, and further discloses wherein the light distributing element 2 extends directly over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Regarding claim 18, Yoneda discloses the limitations of claim 6, and further discloses wherein the light distributing element 2 extends directly over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Regarding claim 19, Yoneda discloses the limitations of claim 5, and further discloses wherein the light distributing element 2 comprises a first lens 2, and second lens 2 and a third lens 2 independently over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Regarding claim 20, Yoneda discloses the limitations of claim 6, and further discloses wherein the light distributing element 2 comprises a first lens 2, and second lens 2 and a third lens 2 independently over the first LED lighting element 1, the second LED lighting element 1 and a third LED lighting element 1 (see at least Figs. 13-14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chich et al US 2007/0097681
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P GRAMLING whose telephone number is (571)272-9082. The examiner can normally be reached Monday-Friday 8:30am-5pm EST.
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/SEAN P GRAMLING/Primary Examiner, Art Unit 2875
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