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 .
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,355,266. Although the claims at issue are not identical, they are not patentably distinct from each other because they are anticipated thereby see table below:
Application claims
Patented claims
Remarks
1
1
All limitations included; a decorative item anticipated as a wreath;
2
2
Identical
3
3
Identical
4
4
Identical
5
5
All limitations included
6
6
Identical
7
5
All limitations included
8
8
Identical
9
9
Identical
10
10
All limitations included
11
11
Identical
12
12
Identical
13
13
Identical
14
10
All limitations included
15
15
All limitations included; a decorative device anticipated as a tree toper
16
16
Identical
17
15
All limitations included
18
18
Identical
19
19
Identical
20
20
All limitations included
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-3, 15-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neuman et al. [U.S. 7,973,486 B2].
Regarding claims 1, 15, 17 and 20, Neuman et al. discloses a wirelessly powered decorative system [a Christmas tree 10, see figure 1] comprising: a decorative item [EMF-switched decorative displays or housing 26]; a wirelessly powered decorative device [EMF-switched decorative display 14 or Circuit 30, see figures 1 or 3] in communication with the decorative item [26], the wirelessly powered decorative device [14 or 30] comprising a receiver [antenna 28] and a load [electrical display component 32]; a wireless power transmitter [light string 12 provides an in-place transmitting antenna, column 6 lines 53-56] configured to transmit power to the receiver [28] of the wirelessly powered decorative device [30]; and a microcontroller [46, figure 5], wherein the load [32] can be powered by power received by the receiver of the wirelessly powered decorative device from the wireless power transmitter [column 3 lines 50-55, column 4 lines 4-13].
Regarding claims 2 and 16, Neuman et al. discloses the load is an LED device and the LED device can be illuminated by power received by the receiver of the wirelessly powered decorative device from the wireless power transmitter (column 3 lines 50-55).
Regarding claims 3 and 18, Neuman et al. discloses the microcontroller is configured to receive and process wireless data (microcontroller 46 executes its stored program, column 4 lines 56-65).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiering et al. [U.S. 5,034,658].
Regarding claim 20, Hiering et al. discloses an artificial tree [figures 1a-1b] comprising: an ornament [figures 3-4]; a wirelessly powered decorative device [figure 1b] in communication with the ornament, the wirelessly powered decorative device comprising a receiver [an air-core coil 3] and a load [LED 1]; a wireless power transmitter [a high-frequency transmitter 7] configured to transmit power to the receiver of the wirelessly powered decorative device; and wherein the load can be powered by power received by the receiver of the wirelessly powered decorative device from the wireless power transmitter (figure 1a-1b, 2 and 3 ; title, abstract, column 1 lines 7-10; column 2 lines 7-13 and lines 40-48).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 4 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuman et al. [U.S. 7,973,486 B2] in view of Hiering et al. [U.S. 5,034,658] and Ault et al. [U.S. 5,118,196].
Regarding claims 4 and 19, Neuman et al. discloses the wireless power transmitter and the receiver (figures 1 and 5). However, Neuman et al. does not clearly show the one or more transmitting and receiving coils.
Hiering et al. teaches a wirelessly power system having receiving coils [3] (figure 1b).
Ault et al. teaches a wirelessly power system having transmitting coils [37] (figures 1-2).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify/combine the transmitter and receiver of Neuman et al. with the transmitting coils as taught by Ault et al. and the receiving coils as taught by Hiering et al. for purpose of providing an advantageous way of transmitting and receiving power or data as wanted.
Claim(s) 5-8 and 10, 11, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuman et al. [U.S. 7,973,486 B2] in view of OBriant-Teague [U.S. 2015/0016111 A1].
Regarding claims 5 and 10, Neuman et al. discloses a wirelessly powered decorative system item [see figure 1] comprising: a top [14a]; a wirelessly powered decorative device [14 or 30] in communication with the top [14a, figure 3], the wirelessly powered decorative device comprising a receiver [28] and a load [32]; a wireless power transmitter [light string 12 provides an in-place transmitting antenna, column 6 lines 53-56] configured to transmit power to the receiver [28] of the wirelessly powered decorative device [14 or 30]; and wherein the load [32] can be powered by power received by the receiver of the wirelessly powered decorative device from the wireless power transmitter [column 3 lines 50-55, column 4 lines 4-13].
However, Neuman et al. does not clearly disclose the garland strand.
OBriant-Teague teaches a decorative system having illumination portion 102 being a garland (paragraph [0036]).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify/combine the decorative item of Neuman et al. with the garland as taught by OBriant-Teague for purpose of providing an advantageous way of illumination decoration.
Regarding claim 6, Neuman et al. discloses the load is an LED device and the LED device can be illuminated by power received by the receiver of the wirelessly powered decorative device from the wireless power transmitter (column 3 lines 50-55).
Regarding claims 7 and 14, Neuman et al. discloses the wirelessly powered decorative device further comprises a microcontroller [46] (figure 5).
Regarding claim 8, Neuman et al. discloses the wirelessly powered decorative device receives a power signal and a data signal from the wireless power transmitter (microcontroller 46 executes its stored program, column 4 lines 56-65).
Regarding claim 11, Neuman et al. discloses the decorative object is artificial tree (figure 1).
Regarding claim 13, Neuman et al. discloses the decorative object is not connected to by a wire to a power source (figure 1).
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuman et al. [U.S. 7,973,486 B2] and OBriant-Teague [U.S. 2015/0016111 A1] in view of Hiering et al. [U.S. 5,034,658] and Ault et al. [U.S. 5,118,196].
Regarding claims 9 and 12, Neuman et al. and OBriant-Teague disclose the wireless power transmitter and the receiver (see figures 1 and 5 of Neuman et al.).
However, Neuman et al. does not clearly show the one or more transmitting and receiving coils.
Hiering et al. teaches a wirelessly power system having receiving coils [3] (figure 1b).
Ault et al. teaches a wirelessly power system having transmitting coils [37] (figures 1-2).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify/combine the transmitter and receiver of Neuman et al. with the transmitting coils as taught by Ault et al. and the receiving coils as taught by Hiering et al. for purpose of providing an advantageous way of transmitting and receiving power or data as wanted.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen U.S. 6,652,927 B1 discloses a tree topper as a star 46 (figure 1).
Sanford U.S. 5,558,422 discloses a light string can be incorporated into decorative garland, a wreath, or a Christmas tree structure (figures 1 and 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO Q TRUONG whose telephone number is (571)272-2383. The examiner can normally be reached M-F 7 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED AZIZ can be reached at 571 272 5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BAO Q. TRUONG
Primary Examiner
Art Unit 2875
/BAO Q TRUONG/ Primary Examiner, Art Unit 2875