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 .
Preliminary Amendment
The applicant’s preliminary amendment filed 10/31/2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/31/2025 was filed and is being considered by the examiner.
Election/Restrictions
Applicant’s election with traverse of Species B in the reply filed on 2/9/2026 is acknowledged.
Claims 21, 29, 30, 39, and 40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/9/2026.
The applicant argues that there no serious burden as the claim scope overlaps. The Examiner disagrees. The claim scope does not overlap in their entirety, and the scope that does not overlaps presents a search AND examination burden. The Examiner attempted to discuss the Species restriction with the applicant’s representative by telephone, but the agent was not listed in the directory at the telephone number provided. The applicant has amended claims 22-28 to depend from claim 31, and these claims will be examined at this time. The species restriction is final.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 22-28, 31-37, rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 4, 5, 10, 14-16 of U.S. Patent No. US 12,270,525 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as laid out below:
Instant Application
US 12,270,525 B2
Claim 31. A light fixture, comprising:
Claim 1. A light fixture, comprising:
a mounting base comprising a first component of an interlocking assembly and a base surface securable to an installation surface;
a mounting base, the mounting base including a surface for interfacing with a wall and at least one catch aperture;
a fixture component, comprising:
a fixture component including:
a fixture face plate;
a fixture face plate;
a decorative fixture element with a light, wherein the decorative fixture element is coupled to the fixture face plate; and
a decorative fixture element with a light socket; and
a second component of the interlocking assembly configured to interface with the first component of the interlocking assembly of the mounting base, wherein the second component is on the fixture face plate to couple the fixture face plate to the mounting base; and
a catch mechanism for coupling the fixture face plate to the mounting base, the catch mechanism including at least one catch insert configured to interface with the at least one catch aperture of the mounting base, wherein the fixture face plate is installable on the mounting base when the at least one catch insert is inserted into the at least one catch aperture and the fixture face plate is rotated relative to the mounting base in a first direction, and wherein the fixture face plate is removable from the mounting base when the fixture face plate is rotated relative to the mounting base in a second direction and the at least one catch insert is removed from the at least one catch aperture; and
a power source for the light, wherein the power source is housed within the fixture face plate, and wherein the power source is installable on and removeable from the mounting base while the mounting base remains secured to the installation surface.
Claim 22. The light fixture of claim 31, wherein the base surface is securable to the installation surface via one or more adhesive strips, wherein the one or more adhesive strips are double-sided for securing the base surface of the mounting base to the installation surface, and wherein the one or more adhesive strips are positionable on the base surface of the mounting base prior to the base surface being secured to the installation surface.
one or more double-sided adhesive strips for securing the surface of the mounting base to the wall, the one or more double-sided adhesive strips positionable on the surface of the mounting base prior to the surface interfacing with the wall, wherein a power source for the light socket is housed within the fixture face plate, and wherein the power source is installable with and removeable with the fixture face plate from the mounting base while the mounting base remains secured to the wall via the one or more double-sided adhesive strips.
In regard to claim 23, US 12,270,525 B2 fails to claim that the base surface is securable to the installation surface via a plurality of screws. However, screws are a known alternative to adhesive tape, and it would have been obvious to one of ordinary skill in the art at the time of filing to replace the adhesive tape with screws in order to improve retention of the base
24. (Currently Amended) The light fixture of claim 21 claim 31,wherein the first component of the interlocking assembly includes a catch insert on the mounting base, and wherein the second component of the interlocking assembly includes a catch aperture that is connected with a catch receiver.
Claim 5. An apparatus for securing an object to a wall, comprising: a mounting base, with a surface for interfacing with a wall; a face plate configured to attach to the object; a catch mechanism for coupling the face plate to the mounting base, the catch mechanism comprising: at least one catch receiver; at least one catch aperture; and at least one catch insert; and one or more double-sided adhesive strips for securing the surface of the mounting base to the wall, the one or more double-sided adhesive strips positionable on the surface of the mounting base prior to the surface interfacing with the wall, wherein the face plate is installable on the mounting base when the at least one catch insert is inserted into the at least one catch aperture and then rotated into the at least one catch receiver in a first direction, wherein the face plate is removable from the mounting base when the face plate is rotated relative to the mounting base in a second direction and the at least one catch insert is removed from the at least one catch aperture, wherein a power source for the object is housed within the face plate, and wherein the power source is installable with and removeable with the face plate from the mounting base while the surface of the mounting base remains secured to the wall via the one or more double-sided adhesive strips.
25. The light fixture of claim 24, wherein the catch receiver comprises a receiver stop that holds the catch insert in the catch receiver, and wherein the catch receiver extends from the catch aperture.
Claim 4. The light fixture of claim 1, wherein the catch mechanism further comprises a receiver stop that holds the at least one catch insert in at least one catch receiver, the at least one catch receiver extending from the at least one catch aperture.
26. (Currently Amended) The light fixture of claim 21 claim 31, wherein the first component of the interlocking assembly and the second component of the interlocking assembly each include magnets.
2. The light fixture of claim 1, wherein the catch mechanism further comprises magnets that secure the at least one catch insert within at least one catch receiver, the at least one catch receiver extending from the at least one catch aperture.
27. (Previously Presented) The light fixture of claim 26, wherein the first component of the interlocking assembly includes a catch insert on the mounting base, wherein the second component of the interlocking assembly includes a catch aperture that is connected with a catch receiver, and wherein the magnets secure the catch insert within the catch receiver after the catch insert passes through the catch aperture into the catch receiver.
16. The device of claim 9, further comprising a first magnet mounted proximate the catch aperture and a second magnet mounted proximate the catch insert, wherein the first magnet and the second magnet retain the catch insert within the catch aperture when the fixture face plate is secured to the mounting base.
In regard to claim 28, US 12,270,525 B2 fails to claim that the second component of the interlocking assembly engages the first component of the interlocking assembly via a rotation in a first direction, and wherein the second component of the interlocking assembly disengages from the first component of the interlocking assembly via a rotation in a second direction.
However, the locking in the parent application is clearly accomplished in the claim by rotation of the catch elements, and it would have been obvious to a PHOSITA at filing to have the assembly lock along a first rotation direction and unlock during a second rotation direction.
32. (Previously Presented) The light fixture of claim 31, wherein the power source is a rechargeable battery.
35. (Previously Presented) The light fixture of claim 31, wherein the power source is a battery electrically connected to the light.
36. (Previously Presented) The light fixture of claim 35, wherein the battery is located within at least one of the mounting base and the fixture face plate when the fixture component is installed on the mounting base.
10. The device of claim 9, further comprising a battery electrically connected to the light socket, wherein the battery is housed within the fixture face plate, and wherein the battery is installable with and removeable with the fixture face plate from the mounting base while the mounting base remains secured to the wall via the one or more double-sided adhesive strips.
33. (Previously Presented) The light fixture of claim 31, wherein the light is activated in response to an engagement with at least one surface on the fixture component.
34. (Previously Presented) The light fixture of claim 33, wherein the at least one surface is on a knob that controls a potentiometer within the fixture component and in electrical communication with the power source and the light.
15. The device of claim 10, further comprising a potentiometer electrically connected between the battery and the light socket, wherein the potentiometer is configured to modulate a flow of electrical energy from the battery to the light socket.
37. (Previously Presented) The light fixture of claim 35, further comprising an electrical cord removably coupled to the battery and configured to supply electrical energy to charge the battery.
14. The device of claim 10, further comprising an electrical cord removably coupled to the battery and configured to supply electrical energy to charge the battery.
In regard to claim 38, US 12,270,525 B2 fails to claim that the fixture component is a first fixture component of a plurality of fixture components, wherein a first fixture component of the plurality of fixture components is installable on the mounting base when the second component of the interlocking assembly of the first fixture component engages the first component of the interlocking assembly of the mounting base, wherein the first fixture component is interchangeable with a second fixture component of the plurality of fixture components when the second component of the interlocking assembly of the first fixture component is disengaged from the first component of the interlocking assembly of the mounting base.
However, as understood, the parent application claims a plurality of fixture components that interlock with each other.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cui (US 11,085,616) disclose an easy install lamp.
Crosby (US 2019/0145612) disclose a light fixture.
McGuire et al (US 6,633,110) disclose a potentiometer.
Chen et al (US 2013/0155684) disclose a lighting fixture.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 am - 6:00 pm.
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, James (Jong-Suk) 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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/CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875