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 .
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The information disclosure statement (IDS) submitted on 07/15/2026, 01/29/2026, 05/19/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 3-7, 9-12, 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 8-10 of Patent No. US 12,328,802
Below is the table of comparison between claims in cases involved in this double patenting rejection.
Differences are underlined.
Subject Application Claim Text
Application # 19/212,296 (hereafter ‘296)
Conflicting Patent Claim Text
US Patent # 12,328,802 (hereafter ‘802)
1. An automated luminaire comprising: a lens position sensor in a lens positioning mechanism of the automated luminaire, the lens position sensor configured to sense an actual lens position of the lens positioning mechanism, wherein the lens position sensor is separate from sensors in the lens positioning mechanism; and a control system configured to: , based on a value of the lens position sensor, whether an emitted light beam from the automated luminaire has an actual beam angle different than a commanded beam angle commanded by the control system; and reduce an emitted beam power density of the emitted light beam when the emitted light beam has an actual beam angle different than a commanded beam angle commanded by the control system.
1. “a second emitted light beam emitted from the automated luminaire along a second axis when a value of the measured distance is less than a predetermined threshold distance value, wherein the first axis and the second axis are not coaxial”.
9. The automated luminaire of claim 1, further comprising: a lens position sensor in a lens mechanism of the automated luminaire, the lens position sensor configured to sense an actual lens position of the lens mechanism, wherein the lens position sensor is separate from sensors in an associated lens positioning mechanism, wherein the control system is configured to: determine, based on a value of the lens position sensor, whether the second emitted light beam has a beam angle commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the second emitted light beam has a beam angle different than the beam angle commanded by the control system.
3. The automated luminaire of claim 1, wherein the emitted light beam is an incoherent light beam emitted by a light emitting phosphor optically pumped by a laser light- emitting diode (LED).
3. The automated luminaire of claim 1, wherein the second emitted light beam is an incoherent light beam emitted by a light emitting phosphor optically pumped by a laser LED
4. The automated luminaire of claim 1, wherein the control system is configured to reduce the emitted beam power density of the emitted light beam by altering one or more of: (i) a power applied to a light source configured to generate the emitted light beam, and (ii) a configuration of an optical system through which the emitted light beam passes before being emitted from the automated luminaire.
5. The automated luminaire of claim 1, wherein the control system is configured to calculate the predetermined threshold distance value from one or more of: (i) a configuration of a zoom lens system configured to control a beam angle of the second emitted light beam, (ii) a power applied to a light source configured to generate the second emitted light beam, and (iii) a configuration of an optical system through which the second emitted light beam passes before being emitted from the automated luminaire.
5. The automated luminaire of claim 1, wherein the control system is configured to reduce the emitted beam power density of the emitted light beam by physically blocking the emitted light beam.
8. (Previously Presented) The automated luminaire of claim 1, wherein the control system is configured to reduce the emitted beam power density of the second emitted light beam by physically blocking the light beam.
6. The automated luminaire of claim 1, further comprising: an orientation sensor in a luminaire head orientation mechanism of the automated luminaire, the orientation sensor configured to sense an actual current orientation of a head of the automated luminaire, wherein the orientation sensor is separate from sensors in an associated luminaire head motion mechanism, wherein the control system is configured to: determine, based on a value of the orientation sensor, whether the head of the automated luminaire has an orientation commanded by the control system; and reduce the emitted beam power density of the emitted light beam when the orientation of the head of the automated luminaire is different than the orientation commanded by the control system.
10. The automated luminaire of claim 1, further comprising: an orientation sensor in a luminaire head orientation mechanism of the automated luminaire, the orientation sensor configured to sense an actual current orientation of a head of the automated luminaire, wherein the orientation sensor is separate from sensors in an associated luminaire head motion mechanism, wherein the control system is configured to: determine, based on a value of the orientation sensor, whether the head of the automated luminaire has an orientation commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the orientation of the head of the automated luminaire is different than the orientation commanded by the control system.
7. A method of controlling an intensity of an emitted light beam emitted by an automated luminaire, the method comprising: determining, based on a value of a lens position sensor separate from other sensors in an associated lens positioning mechanism, whether the emitted light beam has a beam angle commanded by a control system of the automated luminaire; and reducing an emitted beam power density of the emitted light beam when the beam angle is different than the beam angle commanded by the control system.
1. “a second emitted light beam emitted from the automated luminaire along a second axis when a value of the measured distance is less than a predetermined threshold distance value, wherein the first axis and the second axis are not coaxial”.
9. The automated luminaire of claim 1, further comprising: a lens position sensor in a lens mechanism of the automated luminaire, the lens position sensor configured to sense an actual lens position of the lens mechanism, wherein the lens position sensor is separate from sensors in an associated lens positioning mechanism, wherein the control system is configured to: determine, based on a value of the lens position sensor, whether the second emitted light beam has a beam angle commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the second emitted light beam has a beam angle different than the beam angle commanded by the control system.
9. The method of claim 7, wherein reducing the emitted beam power density of the emitted light beam comprises altering one or more of: (i) a power applied to a light source configured to generate the emitted light beam, and (ii) a configuration of an optical system through which the emitted light beam passes before being emitted from the automated luminaire.
5. The automated luminaire of claim 1, wherein the control system is configured to calculate the predetermined threshold distance value from one or more of: (i) a configuration of a zoom lens system configured to control a beam angle of the second emitted light beam, (ii) a power applied to a light source configured to generate the second emitted light beam, and (iii) a configuration of an optical system through which the second emitted light beam passes before being emitted from the automated luminaire.
10. The method of claim 7, wherein reducing the emitted beam power density of the emitted light beam comprises physically blocking the emitted light beam.
8. The automated luminaire of claim 1, wherein the control system is configured to reduce the emitted beam power density of the second emitted light beam by physically blocking the light beam.
11. The method of claim 7, further comprising: determining, based on a value of an orientation sensor separate from other sensors in a luminaire head orientation mechanism, whether the head of the automated luminaire has an orientation commanded by the control system; and reducing the emitted beam power density of the emitted light beam when the orientation of the head of the automated luminaire is different than the orientation commanded by the control system.
10. “determine, based on a value of the orientation sensor, whether the head of the automated luminaire has an orientation commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the orientation of the head of the automated luminaire is different than the orientation commanded by the control system.”
12. An automated luminaire comprising: an orientation sensor in a luminaire head orientation mechanism of the automated luminaire, the orientation sensor configured to sense a current orientation of a head of the automated luminaire, wherein the orientation sensor is separate from sensors in an associated luminaire head motion mechanism; and a control system configured to: determine, based on a value of the orientation sensor, whether the head of the automated luminaire has an orientation commanded by the control system; and reduce an emitted beam power density of the emitted light beam when the actual orientation of the head of the automated luminaire is different than the orientation commanded by the control system.
1. “a second emitted light beam emitted from the automated luminaire along a second axis when a value of the measured distance is less than a predetermined threshold distance value, wherein the first axis and the second axis are not coaxial”.
10. The automated luminaire of claim 1, further comprising: an orientation sensor in a luminaire head orientation mechanism of the automated luminaire, the orientation sensor configured to sense an actual current orientation of a head of the automated luminaire, wherein the orientation sensor is separate from sensors in an associated luminaire head motion mechanism, wherein the control system is configured to: determine, based on a value of the orientation sensor, whether the head of the automated luminaire has an orientation commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the orientation of the head of the automated luminaire is different than the orientation commanded by the control system.
14. The automated luminaire of claim 12, wherein the emitted light beam is an incoherent light beam emitted by a light emitting phosphor optically pumped by a laser light-emitting diode (LED).
3. (Previously Presented) The automated luminaire of claim 1, wherein the second emitted light beam is an incoherent light beam emitted by a light emitting phosphor optically pumped by a laser LED.
15. The automated luminaire of claim 12, wherein the control system is configured to reduce the emitted beam power density of the emitted light beam by altering one or more of: (i) a power applied to a light source configured to generate the emitted light beam, and (ii) a configuration of an optical system through which the emitted light beam passes before being emitted from the automated luminaire
5. The automated luminaire of claim 1, wherein the control system is configured to calculate the predetermined threshold distance value as a minimum distance from the luminaire at which the emitted beam power density of the second emitted light beam is below a predetermined threshold power density value.
16. The automated luminaire of claim 12, wherein the control system is configured to reduce the emitted beam power density of the emitted light beam by physically blocking the emitted light beam.
8. The automated luminaire of claim 1, wherein the control system is configured to reduce the emitted beam power density of the second emitted light beam by physically blocking the light beam.
17. The automated luminaire of claim 12, further comprising: a lens position sensor in a lens positioning mechanism of the automated luminaire, the lens position sensor configured to sense an actual lens position of the lens positioning mechanism, wherein the lens position sensor is separate from sensors in the lens positioning mechanism; and 4660-08604 a control system configured to: determine, based on a value of the lens position sensor, whether an emitted light beam from the automated luminaire has an actual beam angle different than a commanded beam angle commanded by the control system; and reduce an emitted beam power density of the emitted light beam when the emitted light beam has an actual beam angle different than a commanded beam angle commanded by the control system.
9. The automated luminaire of claim 1, further comprising: a lens position sensor in a lens mechanism of the automated luminaire, the lens position sensor configured to sense an actual lens position of the lens mechanism, wherein the lens position sensor is separate from sensors in an associated lens positioning mechanism, wherein the control system is configured to: determine, based on a value of the lens position sensor, whether the second emitted light beam has a beam angle commanded by the control system; and reduce the emitted beam power density of the second emitted light beam when the second emitted light beam has a beam angle different than the beam angle commanded by the control system.
Regarding claim 1, all limitations of the subject application '296 are included in claims 1 and 9 of the stated patent ‘802.
Regarding claim 4, all limitations of the subject application '296 are included in claim 5 of the stated patent ‘802.
Regarding claim 7, all limitations of the subject application '296 are included in claims 1 and 9 of the stated patent ‘802.
Regarding claim 9, all limitations of the subject application '296 are included in claim 5 of the stated patent ‘802.
Regarding claim 12, all limitations of the subject application '296 are included in claims 1 and 10 of the stated patent ‘802.
Regarding claim 15, all limitations of the subject application '296 are included in claim 5 of the stated patent ‘802.
Allowable Subject Matter
Claims 2, 8, 13 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:
Claim 2 is objected to as being dependent upon double patenting rejection of base claim 1.
Claim 8 is objected to as being dependent upon double patenting rejection of base claim 7.
Claim 13 is objected to as being dependent upon double patenting rejection of base claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M KAISER whose telephone number is (571)272-9612. The examiner can normally be reached M-F 9 a.m.-6 p.m..
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/SYED M KAISER/Examiner, Art Unit 2831 /ABDULLAH A RIYAMI/Supervisory Patent Examiner, Art Unit 2831
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