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 .
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a response to the Applicants' file on 5/2/25. In virtue of this filing, claim 1 is currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/2/25 is in compliance with the provisions of 37 CFR 1.97 &1.98. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Instant Application:19/197.312.
1.A lighting apparatus comprising: a controller; and an LED luminaire configured to implement a color temperature from a minimum color temperature of 3,000K or less to a maximum color temperature of 5,000K or more, the LED luminaire comprising a light emitting apparatus including at least one first light emitter, at least one second light emitter, and at least one third light emitter, wherein the controller is configured to control the first, second, and third light emitters to change the color temperature of the LED luminaire, wherein a triangle region defined by color coordinates of the first light emitter, the second light emitter, and the third light emitter comprises at least a region on a Planckian locus, and the maximum color temperature and the minimum color temperature included in the triangle region are 5,000K or more, and 3,000K or less, respectively, wherein in the CIE-1931 coordinate system, the color coordinates of the at least one first light emitter is closer to a color temperature of 5,000K than those of the at least one second light emitter and the at least one third light emitter, and the color coordinates of the at least one third light emitter is closer to a color temperature of 3,000K than those of the at least one first light emitter and the at least one second light emitter.
Patent No: 11,083060.
1.A lighting apparatus comprising: a controller; an LED driver; and an LED luminaire configured to implement a color temperature from a minimum color temperature of 3,000K or less to a maximum color temperature of 5,000K or more, the LED luminaire comprising a light emitting apparatus including at least one first light emitting unit, at least one second light emitting unit, and at least one third light emitting unit, wherein the controller is configured to control the LED driver to change the color temperature of the LED luminaire corresponding to change in color temperature of sunlight, wherein a triangle region defined by color coordinates of the first light emitting unit, the second light emitting unit, and the third light emitting unit comprises at least some section on a Planckian locus, and the maximum color temperature and the minimum color temperature on the Planckian locus included in the triangle region are 5,000K or more, and 3,000K or less, respectively, wherein the at least one first light emitting unit comprises a first light emitting diode chip having a peak wavelength of 400 nm to 420 nm and a first wavelength converter, the at least one second light emitting unit comprises a second light emitting diode chip having a peak wavelength of 400 nm to 420 nm and a second wavelength converter, and the at least one third light emitting unit comprises a UV, violet, or blue light emitting diode chip and a third wavelength converter, and wherein in the CIE-1931 coordinate system, the color coordinates of the at least one second light emitting unit is placed above the Planckian locus, the color coordinates of the at least one first light emitting unit is closer to a color temperature of 5,000K than those of the at least one second light emitting unit and the at least one third light emitting unit, and the color coordinates of the at least one third light emitting unit is closer to a color temperature of 3,000K than those of the at least one first light emitting unit and the at least one second light emitting unit.
Paten No: 11546978.
1.A lighting apparatus comprising: a controller; an LED driver; and an LED luminaire configured to implement a color temperature from a minimum color temperature of 3,000K or less to a maximum color temperature of 5,000K or more, the LED luminaire comprising a light emitting apparatus including at least one first light emitting unit, at least one second light emitting unit, and at least one third light emitting unit, wherein the controller is configured to control the LED driver to change the color temperature of the LED luminaire corresponding to change in color temperature of sunlight, wherein a triangle region defined by color coordinates of the first light emitting unit, the second light emitting unit, and the third light emitting unit comprises at least some section on a Planckian locus, and the maximum color temperature and the minimum color temperature on the Planckian locus included in the triangle region are 5,000K or more, and 3,000K or less, respectively, wherein in the CIE-1931 coordinate system, the color coordinates of the at least one second light emitting unit is placed above the Planckian locus, the color coordinates of the at least one first light emitting unit is closer to a color temperature of 5,000K than those of the at least one second light emitting unit and the at least one third light emitting unit, and the color coordinates of the at least one third light emitting unit is closer to a color temperature of 3,000K than those of the at least one first light emitting unit and the at least one second light emitting unit.
Patent No: 11800614
1. A lighting apparatus comprising: a controller; and an LED luminaire configured to implement a color temperature from a minimum color temperature of 3,000K or less to a maximum color temperature of 5,000K or more, the LED luminaire comprising a light emitting apparatus including at least one first light emitter, at least one second light emitter, and at least one third light emitter, wherein the controller is configured to control the first, second, and third light emitters to change the color temperature of the LED luminaire, wherein a triangle region defined by color coordinates of the first light emitter, the second light emitter, and the third light emitter comprises at least a region on a Planckian locus, and the maximum color temperature and the minimum color temperature included in the triangle region are 5,000K or more, and 3,000K or less, respectively, wherein in the CIE-1931 coordinate system, the color coordinates of the at least one first light emitter is closer to a color temperature of 5,000K than those of the at least one second light emitter and the at least one third light emitter, and the color coordinates of the at least one third light emitter is closer to a color temperature of 3,000K than those of the at least one first light emitter and the at least one second light emitter.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,083060. Although the claims at issue are not identical, they are not patentably distinct from each other because of the below reasons:
All limitations of claim 1 of instant application are similar all limitations of claim 1 of Patent application above. The limitations of claim 1 of the instant application are broader to compare with the limitation of claim 1 of the Patent application above.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11546978. Although the claims at issue are not identical, they are not patentably distinct from each other because of the below reasons:
All limitations of claim 1 of instant application are similar all limitations of claim 1 of Patent application above. The limitations of claim 1 of the instant application are broader to compare with the limitation of claim 1 of the Patent application above.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
Double Patenting
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
All limitations of claim 1 of instant application are similar all limitations of claim 1 of Patent application above. The limitations of claim 1 of the instant application are same to compare with the limitation of claim 1 of the Patent application above.
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. See prior arts/references listed on the PTO-892 form attached.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH TRAN whose telephone number is (571)272-1817. The examiner can normally be reached on 8:00 AM to 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taningco Alexander H can be reached on 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Minh Tran/
Primary Examiner
Art Unit 2845
Prosecution Insights