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 .
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 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,345,381. Although the claims at issue are not identical, they are not patentably distinct from each other because the application claim is broader than and therefore anticipated by patent claim because of the limitations, “wherein a first distance between the first light source and a first region of the cover is different from a second distance between the second light source and a second region of the cover.”
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi US 2017/0299125.
As for claim 1, Takeuchi discloses a light device, comprising:
a cover 170 configured to transmit light (Fig 1);
a light emitter (100, 200, 300, see Fig 1-9) disposed in the cover and including a first end (end of 100 near 122), a second end (end of 100 near 121), and an intermediate region disposed between the first end and the second end (intermediate region of 100 between 121 and 122, see Fig 2a, 2b)
and a power board configured to supply power to the light emitter (circuit 380, see paragraph 0118 and Fig 9)
the light emitter comprising: light sources including a first light source and a second light source adjacent to the first end and second end, respectively (indicated below in image A)
each of the light sources including a first contact electrode and a second contact electrode (see electrodes 113 and 114, Fig 3; paragraph 0072);
a first electrode pad electrically connected to at least one of the first contact electrodes of the light sources (paragraph 0073, pad parts 123, 124);
a second electrode pad electrically connected to at least one of the second contact electrodes of the light sources (paragraph 0073, pad parts 123, 124);
a wavelength converter configured to convert a wavelength of light emitted from at least one of the light sources (see paragraphs 0075, 0082, 0110-0111),
and a connection line disposed on an insulation layer and electrically connected to the first electrode pad or the second electrode pad (teaches a connection line connecting to the pads, see paragraphs 0073, Figures 2 and 3) that is electrically connected to the light sources.
wherein a first distance between the first light source and a first region of the cover is different from a second distance between the second light source and a second region of the cover (see locations of first light source and second light source with respect to two different regions of the cover, locations where the arrows point to; distance of D1 is different from D2, indicated in Image B below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. RAO ‘050, HSIEH ‘440, KIM ‘376, and VERES ‘740 all disclose relevant lighting devices that are LED filaments disposed on a substrate/PCB within a bulb.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evan P Dzierzynski whose telephone number is (571)272-2336. The examiner can normally be reached Monday-Friday 8:00am-4:30pm PST.
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/EVAN P DZIERZYNSKI/ Primary Examiner, Art Unit 2875