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 1 and 11 are objected to because of the following informalities: the claim limitation includes “; and,” which should be corrected by replacing the semicolon with a colon before the word “and” and removing the comma after it.
Appropriate correction is required.
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.
Claims 1-20 are 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 1. The claim limitation “an optical path” at page 2/19 in lines 1-2 is unclear as to whether it refers to the same optical path introduced earlier at page 1/18 in line 8, or a different optical path.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for connecting the base module to the cap module” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-4, 10-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (US 2009/0021951).
Regarding claim 1. Yu discloses a water-resistant LED capture device (100, see Fig. 1 and 16A, Para. 0023 and 0039) comprising: a base module (lamp holder 102/236, see Figs. 1, 3, and 16A, Para. 0023 and 0039); and, a cap module (106/240, see Figs. 1 and 16A) configured to assemble to the base module, wherein an internal cavity (neck 143 of the cap module and opening on the base module, see Fig. 6, Para. 0028) is formed by the cap module and the base module when the cap module is assembled to the base module, the internal cavity configured to receive a light-emitting device (104, see Fig. 1) therein, the cap module providing an optical path (at least through its top opening shown in Fig. 1) from a received light-emitting device to an outside of the water-resistant LED capture device, wherein, when the cap module (106) is assembled to the base module, the base module engages a fixing structure (e.g. annular indentation 150, screw threads 242 that are formed in the neck of the lens cover 240, see Figs. 5 and 16A, Para. 0028 and 0039) of the cap module that captures the base module in the cap module to form a seal therebetween wherein the seal forms a water-resistant seal between the cap module and the base module (see Fig. 6), wherein, when the base module is inserted into the cap module, the base module defines two lumens (understood as leads 108, see Fig. 1) extending longitudinally through at least a portion of the base module, each of the two lumens being configured to provide a pathway for an insulated conductor (two contacts 110, see Figs. 1 and 5, Para. 0023) from the outside of the water-resistant LED capture device to the internal cavity to supply electrical energy to the light-emitting device therein (operationally required), wherein assembling the cap module to the base module introduces a radial compression (structurally evident) that reduces the mean cross-sectional area of each of the two lumens to form a water-resistant seal circumscribing each of the insulated conductors in the corresponding two lumens and the cap module includes a translucent or transparent portion (functionally evident).
Regarding claim 2. Yu further discloses the fixing structure (e.g., annular indentation 150, screw threads 242 that are formed in the neck of the lens cover 240, see Figs. 5 and 16A, Para. 0028 and 0039) of the cap module (106/240, see Fig. 16A) comprises a circumferential groove in a surface of the cap module (see Fig. 5), and the base module (236, see Fig. 16A) comprises a circumferential ridge (screw threads 238, see Fig. 16A, Para. 0039) around the base module, the circumferential groove configured to receive the circumferential ridge when the cap module is assembled to the base module (see Fig. 16A, Para. 0039).
Regarding claim 3. Yu further discloses the base module (236, see Fig. 16A) comprises threads (screw threads 238, see Fig. 16A, Para. 0039) and the fixing structure of the cap module comprises complementary threads configured to mate with the threads of the base module.
Regarding claim 4. Yu further discloses the base module comprises a tapered base (e.g., inner annular wall 120, see Fig. 5) and the cap module (106) comprises a tapered cap (neck portion 142, see Fig. 5, Para. 0023), such that assembling the tapered base to the tapered cap results in compression that provides a water-resistant seal to the water-resistant LED capture device (see Fig. 6).
Regarding claim 10. Yu further discloses the light-emitting device (104, see Fig. 1) is received in the cavity and the cap module is assembled to the base module (102), the base module engages a base of the light-emitting device (see Fig. 5) and forces the light-emitting device against an annular water-sealing surface of the cap module.
Regarding claim 11. Yu discloses a water-resistant LED capture device (100, see Fig. 1 and 16A, Para. 0023 and 0039) comprising: a base module (lamp holder 102/236, see Figs. 1, 3, and 16A, Para. 0023 and 0039); and, a cap module (106/240, see Figs. 1 and 16A) configured to assemble to the base module, wherein an internal cavity (neck 143 of the cap module and opening on the base module, see Fig. 6, Para. 0028) is formed by the cap module and the base module when the cap module is assembled to the base module, the internal cavity configured to receive a light-emitting device therein, the cap module providing an optical path from a received light-emitting device to an outside of the water-resistant LED capture device, wherein, when the cap module (106/240, see Figs. 1 and 16A) is assembled to the base module, the base module engages a fixing structure (e.g. annular indentation 150, screw threads 242 that are formed in the neck of the lens cover 240, see Figs. 5 and 16A, Para. 0028 and 0039) of the cap module that captures the base module in the cap module to form a seal therebetween wherein the seal forms a water-resistant seal between the cap module and the base module, wherein, when the base module is inserted into the cap module, the base module defines two lumens extending longitudinally through at least a portion of the base module (see Fig. 6), each of the two lumens (understood as leads 108, see Fig. 1) being configured to provide a pathway for an insulated conductor from the outside of the water-resistant LED capture device to the internal cavity to supply electrical energy to the light-emitting device therein, wherein assembling the cap module to the base module introduces a radial compression (structurally evident) that reduces the mean cross-sectional area of each of the two lumens to form a water-resistant seal circumscribing each of the insulated conductors (two contacts 110, see Figs. 1 and 5, Para. 0023) in the corresponding two lumens.
Regarding claim 12. Yu further discloses the base module comprises a tapered base (e.g., inner annular wall 120, see Fig. 5) and the cap module (106) comprises a tapered cap (neck portion 142, see Fig. 5, Para. 0023), such that assembling the tapered base to the tapered cap results in compression that provides a water-resistant seal to the water-resistant LED capture device (see Fig. 6).
Regarding claim 16. Yu further discloses the cap module has an aperture (136, see Fig. 1, Para. 0023) through which a lens of the light-emitting device (104) projects when the light-emitting device is received in the internal cavity and the cap module is assembled to the base module (see Fig. 6).
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 5-9 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Qingbiao (US 2007/0041208).
Regarding claims 5 and 6. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest the base module is configured to split at least partially along a plane that is substantially coplanar with an axis of each of the two lumens, as recited in claim 5; the base comprises two substantially equally sized halves configured to split along the plane that is substantially coplanar with the axes of each of the two lumens, as recited in claim 6.
Qingbiao teaches an LED device (1, see Fig. 1, Para. 0015-0017) comprising: a base module (3, see Fig. 2) that includes an inner cover (31) and an outer cover (32, see Fig. 1, Para. 0015); and, a cap module (1, see Figs. 1 and 2) configured to assemble to the base module (see Fig. 1), wherein the base module (inner cover 31, see Fig. 1, Para. 0016) includes two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens (21, 22, see Para. 0018).
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Regarding claims 7-8. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest each half of the two substantially equally sized halves comprises a sandwich piece having two semi-cylindrical wire apertures along a longitudinal length, such that when a first sandwich piece is joined with a second sandwich piece, the two semi-cylindrical wire apertures of the first sandwich piece and the two semi-cylindrical wire apertures of the second sandwich piece define the two lumens, as recited in claim 7; wherein each aperture of the two- semi-cylindrical wire apertures comprises two semi-cylindrical ribs configured to compress the insulated conductor when the insulated conductor is received in one aperture of the two-semi-cylindrical wire apertures, as recited in claim 8.
Qingbiao teaches an LED device (1, see Fig. 1, Para. 0015-0017) comprising: a base module (3, see Fig. 2) that includes an inner cover (31) and an outer cover (32, see Fig. 1, Para. 0015); and, a cap module (1, see Figs. 1 and 2) configured to assemble to the base module (see Fig. 1), wherein the base module (inner cover 31, see Fig. 1, Para. 0016) includes two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens (21, 22, see Para. 0018), each half of the two substantially equally sized halves comprises a sandwich piece having two semi-cylindrical wire apertures (3122/3123, see Fig. 3, Para. 0016) along a longitudinal length, such that when a first sandwich piece is joined with a second sandwich piece, the two semi-cylindrical wire apertures of the first sandwich piece and the two semi-cylindrical wire apertures of the second sandwich piece define the two lumens; wherein each aperture of the two- semi-cylindrical wire apertures comprises two semi-cylindrical ribs (3116, 3117) configured to compress the insulated conductor when the insulated conductor is received in one aperture of the two-semi-cylindrical wire apertures.
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves with two semi-cylindrical wire apertures and ribs and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 9. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest each half of the two substantially equally sized halves, the first sandwich piece comprises a registration key configured to mate with a complementary registration key of the second sandwich piece, such that the first and second sandwich pieces may be joined to one another in a key-to-key fashion.
Qingbiao further teaches an insulation projection (3111, see Fig. 3, Para. 0017) and a groove (3121) for engagement with the insulation projection (3111).
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves with first and second sandwich pieces may be joined to one another in a key-to-key fashion as claimed such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Regarding claims 13 and 14. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest the base module is configured to split at least partially along a plane that is substantially coplanar with an axis of each of the two lumens, as recited in claim 13, two substantially equally sized halves configured to split along the plane that is substantially coplanar with the axes of each of the two lumen, as recited in claim 14.
Qingbiao teaches an LED device (1, see Fig. 1, Para. 0015-0017) comprising: a base module (3, see Fig. 2) that includes an inner cover (31) and an outer cover (32, see Fig. 1, Para. 0015); and, a cap module (1, see Figs. 1 and 2) configured to assemble to the base module (see Fig. 1), wherein the base module (inner cover 31, see Fig. 1, Para. 0016) includes two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens (21, 22, see Para. 0018).
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 15. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest each half of the two substantially equally sized halves comprises a sandwich piece having two semi-cylindrical wire apertures along a longitudinal length, such that when a first sandwich piece is joined with a second sandwich piece, the two semi-cylindrical wire apertures of the first sandwich piece and the two semi-cylindrical wire apertures of the seconds and sandwich piece define the two lumen.
Qingbiao teaches an LED device (1, see Fig. 1, Para. 0015-0017) comprising: a base module (3, see Fig. 2) that includes an inner cover (31) and an outer cover (32, see Fig. 1, Para. 0015); and, a cap module (1, see Figs. 1 and 2) configured to assemble to the base module (see Fig. 1), wherein the base module (inner cover 31, see Fig. 1, Para. 0016) includes two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens (21, 22, see Para. 0018), each half of the two substantially equally sized halves comprises a sandwich piece having two semi-cylindrical wire apertures (3122/3123, see Fig. 3, Para. 0016) along a longitudinal length, such that when a first sandwich piece is joined with a second sandwich piece, the two semi-cylindrical wire apertures of the first sandwich piece and the two semi-cylindrical wire apertures of the second sandwich piece define the two lumens; wherein each aperture of the two- semi-cylindrical wire apertures comprises two semi-cylindrical ribs (3116, 3117) configured to compress the insulated conductor when the insulated conductor is received in one aperture of the two-semi-cylindrical wire apertures.
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves with two semi-cylindrical wire apertures and ribs and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Huang (US 5,685,638).
Regarding claim 17. Yu further a discloses water-resistant LED capture device (100, see Fig. 1 and 16A, Para. 0023 and 0039) comprising: a base module (lamp holder 102/236, see Figs. 1, 3, and 16A, Para. 0023 and 0039); a cap module (106/240, see Figs. 1 and 16A) configured to assemble to the base module, wherein an internal cavity (neck 143 of the cap module and opening on the base module, see Fig. 6, Para. 0028) is formed by the cap module and the base module when the cap module is assembled to the base module, the internal cavity configured to receive a light-emitting device (104, see Fig. 1) therein, the cap module providing an optical path from a received light-emitting device to an outside of the water-resistant LED capture device and, means for connecting the base module to the cap module (e.g. annular indentation 150, screw threads 242 that are formed in the neck of the lens cover 240, see Figs. 5 and 16A, Para. 0028 and 0039), wherein, when the cap module is assembled to the base module, the base module engages a fixing structure (e.g. annular indentation 150, screw threads 242 that are formed in the neck of the lens cover 240, see Figs. 5 and 16A, Para. 0028 and 0039) of the cap module that captures the base module in the cap module to form a seal therebetween, wherein the seal forms a water-resistant seal between the cap module and the base module, the base module defines two lumens (understood as leads 108, see Fig. 1) extending longitudinally through at least a portion of the base module (lamp holder 102/236, see Figs. 1, 3, and 16A, Para. 0023 and 0039), each of the two lumens being configured to provide a pathway for an insulated conductor (two contacts 110, see Figs. 1 and 5, Para. 0023) from the outside of the water-resist an LED capture device to the intimal cavity to supply electrical energy to the light-emitting device there in, wherein assembling the cap module to the base module introduces a radial compression (structurally evident) that reduces the mean cross-sectional area of each of the two lumens to form a water-resistant seal circumscribing each of the insulated conductors in the corresponding two lumens.
However, Yu fails to disclose or fairly suggest the base module is inserted into the cap module.
Huang teaches a water-resistant LED capture device (10, see Fig. 1, Col. 2; lines 28-60) comprising: a base module (18, see Figs. 1 and 2), and a cap module (12, see Figs. 1 and 2) configured to assemble to the base module (18) , wherein the base (18) module is inserted into the cap module (waterproof ring 12, see Figs. 2 and 4).
Therefore, in view of Huang, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is inserted into the cap module in order to provide a more efficient and water resistant assembly, as suggested by Huang, such a modification merely involves rearranging known components to achieve a predictable result, which constitutes routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 18. Yu further discloses the base module comprises a tapered base (e.g., inner annular wall 120, see Fig. 5) and the cap module (106) comprises a tapered cap (neck portion 142, see Fig. 5, Para. 0023), such that assembling the tapered base to the tapered cap results in compression that provides a water-resistant seal to the water-resistant LED capture device (see Fig. 6).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of Huang and further in view of Qingbiao.
Regarding claims 19 and 20. The teachings of Yu have been discussed above.
However, Yu fails to disclose or fairly suggest the base module is configured to split at least partially along a plane that is substantially coplanar with an axis of each of the two lumens, as recited in claim 19; the base module comprises two substantially equally sized halves configured to split along the plane that is substantially coplanar with the axes of each of the two lumens, as recited in claim 20.
Qingbiao teaches an LED device (1, see Fig. 1, Para. 0015-0017) comprising: a base module (3, see Fig. 2) that includes an inner cover (31) and an outer cover (32, see Fig. 1, Para. 0015); and, a cap module (1, see Figs. 1 and 2) configured to assemble to the base module (see Fig. 1), wherein the base module (inner cover 31, see Fig. 1, Para. 0016) includes two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens (21, 22, see Para. 0018).
Therefore, in view of Qingbiao, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure Yu such that the base module is formed as two substantially equally sized halves and configured to split at least partially along a plane that is substantially coplanar with an axis of each of a two lumens such that it is easy to assemble and to repair the water-resistant LED capture device, as suggested by Qingbiao (see Para. 0004), since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen et al. (US 8,210,721) discloses an LED lamp bulb including a pair of electrical cables electrically coupled to the LED lamp bulb, and a main body; Wong (US 2004/0012961) discloses a water-resistant LED capture device comprising a base module and a cap module configured to assemble to the base module; and Liao (US 5,820,419) discloses a water-resistant LED capture device comprising a base module and a cap module configured to assemble to the base module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (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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/TSION TUMEBO/
Primary Examiner, Art Unit 2875