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 .
In the response to this Office Action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent 12,315,467 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
The following is an example for comparing claim 1 of this application and claim 2 of U.S. Patent 12,315,467 B2:
Claim 1 of this application
Claim 2 of U.S. Patent 12,315,467 B2
1. A trompe-I'oeil skylight device system comprising:
a device for generating a sky illusion, the device comprising:
a device structure;
an image panel, having a viewing side and an illumination side;
a series of ordered lighting elements to illuminate said image panel on said illumination side;
a plurality of multi-color emitting light modules, each of which is disposed in registration with predetermined portion of said image panel, which correspond to predetermined locations of portions of images of airborne matter;
a driver system configured to power said series of ordered lighting elements and said plurality of multi-color emitting light modules; and
where such driver system is configured to provide variations in power to each of said plurality of multi-color emitting light modules based upon desired changes of color of light and light characteristic.
2. A trompe-l'oeil skylight fixture system comprising:
a fixture for generating a sky illusion, the fixture comprising:
a fixture structure;
an image panel, having a viewing side and an illumination side;
a parallel array of LED light strips to illuminate said image panel on said illumination side;
a plurality of RGB LED light modules each of which is disposed in registration with predetermined portion of said image panel, which correspond to predetermined locations of portions of images of clouds;
an LED driver system configured to power said parallel array of LED light strips and said plurality of RGB LED modules; and
where such LED driver system is configured to provide variations in power to each of said plurality of RGB LED light modules based upon desired changes of color of light and light intensity.
The limitations of claim 1 of current application are broader and are therefore anticipated by those found in claim 2 of U.S. Patent 12,315,467 B2.
The following is an example for comparing claim 20 of this application and claim 1 of U.S. Patent 12,315,467 B2:
Claim 20 of this application
Claim 1 of U.S. Patent 12,315,467 B2
20. A method of generating an image of a sky portion comprising the steps of:
providing a device for creating an illusion of a sky portion;
providing a driver signal system configured to provide improved realism by persons viewing the device for extended periods of time, by utilizing multiple modulation methods which are not limited to circadian rhythms alone;
wherein said step of utilizing multiple modulation methods further comprises utilizing an ultradian modulation method;
wherein, the ultradian modulation method comprises: using a sensor to measure outdoor light characteristic levels over a plurality of different periods of time, and generating datasets therefrom, where the variations in data reflects the presence of airborne matter passing between the sensor and a celestial body;
using the datasets to generate monochrome media where 100% brightness is full luminance, and 0% brightness is zero luminance;
uploading the monochrome media to a controller;
randomly calling the monochrome media throughout a day to provide an ultradian modulation method to driver signals;
wherein said controller is the LPC 550;
wherein said device and said drive signal system provide output of light based upon registration of drive signals with predetermined locations of airborne matter images on an image panel;
wherein the ultradian modulation method is used for generating a driver signal to create an illusion of a non-static image of airborne matter with a static image panel;
where the range of brightness is limited to being between 100% and 40%; and
wherein said device comprises a series of ordered lighting elements, where a plurality of multi-color emitting light modules are disposed between said series of ordered lighting elements; and each of the multi-color emitting light modules is configured to provide light in six wavelengths—Lime Green, Mint Green, Amber, Red-Orange, Red, and Cool Full luminance so as to generates a high CRI (Color Rendering Index) that improves realism of the image on the image panel.
1. A method of generating an image of a sky portion comprising the steps of:
providing an LED fixture for creating an illusion of a sky portion;
providing an LED driver signal system configured to provide improved realism by persons viewing the LED fixture for extended periods of time, by utilizing multiple modulation methods which are not limited to circadian rhythms alone;
wherein said step of utilizing multiple modulation methods further comprises utilizing an ultradian modulation method;
wherein, the ultradian modulation method comprises: using a light sensor to measure outdoor light intensity levels over a plurality of different periods of time, and generating datasets therefrom, where the variations in data reflects the presence of clouds passing between the light sensor and the sun;
using the datasets to generate grayscale videos where 100% brightness is white, and 0% brightness is black;
uploading the grayscale videos to a lighting controller;
randomly calling the grayscale videos throughout a day to provide an ultradian modulation method to LED driver signals;
wherein said lighting controller is the LPC 550;
wherein said fixture and said LED drive signal system provide output of light based upon registration of drive signals with predetermined locations of cloud images on an image panel;
wherein the ultradian modulation method is used for generating a driver signal to create an illusion of a non-static image of a cloud with a static image panel;
where the range of brightness is limited to being between 100% and 40%; and
wherein said LED fixture comprises a plurality of parallel white LED strips, where a plurality of RGB LED modules are disposed between said plurality of parallel white LED strips; and each of the RGB LED modules is configured to provide light in six wavelengths-Lime Green, Mint Green, Amber, Red-Orange, Red, and Cool White so as to generates a high CRI (Color Rendering Index) that improves realism of the image on the image panel.
The limitations of claim 20 of current application are broader and are therefore anticipated by those found in claim 1 of U.S. Patent 12,315,467 B2.
Claims 2-19 are similarly rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-18 of U.S. Patent 12,315,467 B2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABHISHEK SARMA whose telephone number is (571)272-9887. The examiner can normally be reached on Mon - Fri 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABHISHEK SARMA/
Primary Examiner, Art Unit 2621
Prosecution Insights