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 .
This is a response to the Applicants' file on 5/29/25. In virtue of this filing, claims 1-30 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/23/25 is in compliance with the provisions of 37 CFR 1.97 &1.98. Accordingly, the information disclosure statements are 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 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.
Instant application: 19/222,324.
A lighting device comprising: a wireless communication circuit that is configured to communicate wireless messages; a lighting load;
a drive circuit for controlling the lighting load to emit light having a first color; and a control circuit configured to: receive, via the wireless communication circuit, a first message indicating a second color; determine whether the first color and the second color are on a black body curve;
in response to determining that the first color and the second color are on the black
body curve: determine to adjust the color of the light emitted by the lighting load to a
plurality of correlated color temperature (CCT) chromaticity values along the black
body curve between the first color and the second color in a CCT chromaticity space;
convert the plurality of CCT chromaticity values into an XY chromaticity space to determine a plurality of XY chromaticity coordinates; and
sequentially control the drive circuit according to the plurality of XY chromaticity values at respective time instances to adjust the light emitted by the lighting device from the first color to the second color along the black body curve.
2. The lighting device of claim 1, in response to determining that one or more of the first color
or the second color are not on the black body curve, sequentially control the drive circuit to the
plurality of XY chromaticity values at the respective time instances to adjust the color of the light emitted by the lighting load from the first color to the second color in the XY chromaticity space.
3.The lighting device of claim 1, wherein the lighting load comprises a plurality of light-
emitting diodes (LEDs), and wherein the control circuit is configured to determine target values for luminous flux to be emitted from each of the plurality of LEDs such that the light emitted by the lighting device is adjusted from the first color to the second color.
4.The lighting device of claim 1, wherein being on the black body curve comprises being
within a threshold value from the black body curve.
5.The lighting device of claim 4, wherein the threshold value is a delta uv measurement.
6.The lighting device of claim 4, wherein the control circuit is further configured to:
determine that the first color is greater than the threshold value from the black body curve
and the second color is on the black body curve; and based on the determination that the first color is greater than the threshold value from the
blackbody curve and the second color is on the black body curve, control the drive circuit such that the light emitted by the lighting device is adjusted linearly to the second color.
7.The lighting device of claim 1, wherein the first color is a first color temperature in the CCT
chromaticity space, and the second color is a second color temperature in the CCT chromaticity
space.
8.The lighting device of claim 7, wherein the second color temperature is converted from the
XY chromaticity space to the CCT chromaticity space based on a set of equations stored in a
memory of the lighting device.
9.The lighting device of claim 7, wherein the second color temperature is converted from the
XY chromaticity space to the CCT chromaticity space based on a look up table stored in a memory of the lighting device.
10.The lighting device of claim 7, wherein the control circuit is configured to perform a fade in
the CCT chromaticity space according to a relationship between color temperature and time to control the lighting load such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
11. The lighting device of claim 10, wherein the relationship is a linear relationship between
color temperature and time.
12. The lighting device of claim 10, the relationship is a non-linear relationship between color temperature and time to provide greater resolution with respect to time near warm-white color temperatures than near cool-white color temperatures.
13. The lighting device of claim 10, wherein the control circuit is configured to determine the
plurality of CCT chromaticity values along the black body curve between the first color temperature and the second color temperature, and wherein the plurality of CCT chromaticity values are associated with the relationship between color temperature and time.
14. The lighting device of claim 10, wherein the control circuit is configured to determine
whether the relationship is a linear relationship or a non-linear relationship between color
temperature and time based on an estimated perceived change in color.
15. The lighting device of claim 14, wherein the control circuit is configured to determine that
the relationship is the non-linear relationship when using the linear relationship would result in
discontinuous perceived changes in color temperature.
16. The lighting device of claim 1, wherein the control circuit is configured to control the drive
circuit to iteratively adjust the color of the light emitted by the lighting load to the plurality of CCT chromaticity values along the black body curve.
17. The lighting device of claim 1, wherein the control circuit is configured to: convert the plurality of CCT chromaticity values into a plurality of uv chromaticity values; and
convert the plurality of uv chromaticity values into the plurality of XY chromaticity
coordinates.
18.The lighting device of claim 1, wherein the control circuit comprises a first control circuit,
the lighting device further comprising: a second control circuit configured to generate one or more drive signals for controlling the
drive circuit in response to the first control circuit.
19. The lighting device of claim 18, wherein the first control circuit is configured to send XY
chromaticity coordinates to the second control circuit, and the second control circuit is configured to control the drive circuit based on the XY chromaticity coordinates received from the first control circuit.
20. The lighting device of claim 19, wherein the first control circuit is configured to sequentially
send each of the plurality of XY chromaticity coordinates to the second control circuit at the
respective time instances to cause the second control circuit to control the drive circuit such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
21.The lighting device of claim 20, wherein the first control circuit is configured to:
determine a time schedule associated with the second color temperature; and send, according to the time schedule, the plurality of XY chromaticity coordinates to the
second control circuit.
22. The lighting device of claim 21, wherein the first control circuit is configured to:
determine a time delay between each of the plurality of XY chromaticity coordinates; and
send, according to the determined time delay, the plurality of XY chromaticity coordinates to
the second control circuit.
23. The lighting device of claim 1, wherein the first message comprises a fade request in the XY chromaticity space.
24. The lighting device of claim 23, wherein the fade request comprises fade information
associated with the second color.
25. The lighting device of claim 1, wherein the first color is an initial color and the second color
is a destination color.
26. The lighting device of claim 1, wherein the control circuit is configured to determine whether to fade from the first color to the second color in the CCT chromaticity space or the XY chromaticity space.
27. The lighting device of claim 1, wherein the control circuit is further configured to:
determine an illuminance level for the lighting load; and determine whether the second color is less than a red threshold temperature or greater than a blue threshold temperature at the determined illuminance level.
28. The lighting device of claim 27, wherein the control circuit is further configured to, when the
second color is less than the red threshold temperature at the determined illuminance level, control the lighting load such that the light emitted by the lighting device comprises a third color that is equal to or greater than the red threshold temperature at the determined illuminance level.
29.The lighting device of claim 27, wherein the control circuit is further configured to, when the
second color is greater than the blue threshold temperature at the determined illuminance level,
control the lighting load such that the light emitted by the lighting device comprises a third color that is equal to or less than the blue threshold temperature at the determined illuminance level.
30. The lighting device of claim 1, wherein the control circuit is further configured to:
determine an ambient light level proximate to the lighting device; compare the ambient light level to a predetermined threshold; control, when the ambient light level is greater than a predetermined threshold, the lighting
load according to a first dimming curve; and
control, when the ambient light level is less than a predetermined threshold, the lighting load
according to a second dimming curve.
Patent No: 12342432.
1. A lighting device comprising: a wireless communication circuit that is configured to communicate wireless messages; a lighting load; a drive circuit for controlling the lighting load to emit light having a first color; and a control circuit configured to: receive, via the wireless communication circuit, a first message indicating a second color; determine whether the first color and the second color are on a black body curve; in response to determining that the first color and the second color are on the black body curve, control the drive circuit to fade the light emitted by the lighting load to a plurality of correlated color temperature (CCT) chromaticity values along the black body curve between the first color and the second color in a CCT chromaticity space; and in response to determining that one or more of the first color or the second color are not on the black body curve, control the drive circuit to fade the light emitted by the lighting load from the first color to the second color in an XY chromaticity space.
2. The lighting device of claim 1, wherein the lighting load comprises a plurality of light-emitting diodes (LEDs), and wherein the control circuit is configured to determine target values for luminous flux to be emitted from each of the plurality of LEDs such that the light emitted by the lighting device is adjusted from the first color to the second color.
3. The lighting device of claim 1, wherein the second color is indicated in the XY chromaticity space.
4. The lighting device of claim 3, wherein the first message comprises an x-chromaticity coordinate and a y-chromaticity coordinate that indicates the second color.
5. The lighting device of claim 1, wherein the second color is indicated in the CCT chromaticity space.
6. The lighting device of claim 1, wherein being on the black body curve comprises being within a threshold value from the black body curve.
7. The lighting device of claim 6, wherein the threshold value is a delta uv measurement.
8. The lighting device of claim 6, wherein the control circuit is further configured to: determine that the first color is greater than the threshold value from the black body curve and the second color is on the black body curve; and based on the determination that the first color is greater than the threshold value from the blackbody curve and the second color is on the black body curve, control the drive circuit such that the light emitted by the lighting device is adjusted linearly to the second color.
9. The lighting device of claim 1, wherein the first color is a first color temperature in the CCT chromaticity space, and the second color is a second color temperature in the CCT chromaticity space.
10. The lighting device of claim 9, wherein the second color temperature is converted from the XY chromaticity space to the CCT chromaticity space based on a set of equations stored in a memory of the lighting device.
11. The lighting device of claim 9, wherein the second color temperature is converted from the XY chromaticity space to the CCT chromaticity space based on a look up table stored in a memory of the lighting device.
12. The lighting device of claim 9, wherein the control circuit is configured to perform a fade in the CCT chromaticity space according to a relationship between color temperature and time to control the lighting load such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
13. The lighting device of claim 12, wherein the relationship is a linear relationship between color temperature and time.
14. The lighting device of claim 12, wherein the relationship is a non-linear relationship between color temperature and time to provide greater resolution with respect to time near warm-white color temperatures than near cool-white color temperatures.
15. The lighting device of claim 12, wherein the control circuit is configured to determine a plurality of CCT chromaticity values along the black body curve between the first color temperature and the second color temperature, and wherein the plurality of CCT chromaticity values are associated with the relationship between color temperature and time.
16. The lighting device of claim 15, wherein the control circuit is configured to convert the plurality of CCT chromaticity values into the XY chromaticity space to determine a plurality of XY chromaticity coordinates.
17. The lighting device of claim 16, wherein the control circuit is configured to: convert the CCT chromaticity values into a plurality of uv chromaticity values; and convert the plurality of uv chromaticity values into the plurality of XY chromaticity coordinates.
18. The lighting device of claim 16, wherein the control circuit is configured to control the drive circuit based on the plurality of XY chromaticity coordinates.
19. The lighting device of claim 18, wherein the control circuit is configured to sequentially send each of the plurality of XY chromaticity coordinates to the drive circuit at respective time instances to control the drive circuit such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
20. The lighting device of claim 19, wherein the control circuit is configured to: determine a time schedule associated with the second color temperature; and send, according to the time schedule, the plurality of XY chromaticity coordinates to the drive circuit.
21. The lighting device of claim 20, wherein the control circuit is configured to: determine a time delay between each of the plurality of XY chromaticity coordinates; and send, according to the determined time delay, the plurality of XY chromaticity coordinates to the LED drive circuit.
22. The lighting device of claim 12, wherein the control circuit is configured to determine whether the relationship is a linear relationship or a non-linear relationship between color temperature and time based on an estimated perceived change in color.
23. The lighting device of claim 22, wherein the control circuit is configured to determine that the relationship is the non-linear relationship when using the linear relationship would result in discontinuous perceived changes in color temperature.
24. The lighting device of claim 1, further comprising one or more sensors configured to measure a color of the light emitted by the lighting device.
25. The lighting device of claim 24, wherein the control circuit is configured to: compare the measured color of the lighting device to the second color; and adjust, when the measured color is different than the second color by more than a predetermined value, the control of the lighting load until the measured color is within the predetermined value of the second color.
26. The lighting device of claim 1, wherein the first message comprises a fade request in the XY chromaticity space.
27. The lighting device of claim 26, wherein the fade request comprises fade information associated with the second color.
28. The lighting device of claim 1, wherein the first color is an initial color and the second color is a destination color.
29. The lighting device of claim 1, wherein the control circuit is configured to iteratively adjust the color of light emitted by the lighting load from the first color to the second color in the CCT chromaticity space.
30. The lighting device of claim 1, wherein the control circuit is further configured to: determine an illuminance level for the lighting load; and determine whether the second color is less than a red threshold temperature or greater than a blue threshold temperature at the determined illuminance level.
31. The lighting device of claim 30, wherein the control circuit is further configured to, when the second color is less than the red threshold temperature at the determined illuminance level, control the lighting load such that the light emitted by the lighting device comprises a third color that is equal to or greater than the red threshold temperature at the determined illuminance level.
32. The lighting device of claim 30, wherein the control circuit is further configured to, when the second color is greater than the blue threshold temperature at the determined illuminance level, control the lighting load such that the light emitted by the lighting device comprises a third color that is equal to or less than the blue threshold temperature at the determined illuminance level.
33. The lighting device of claim 1, wherein the control circuit is further configured to: determine an ambient light level proximate to the lighting device; compare the ambient light level to a predetermined threshold; control, when the ambient light level is greater than a predetermined threshold, the lighting load according to a first dimming curve; and control, when the ambient light level is less than a predetermined threshold, the lighting load according to a second dimming curve.
34. A method for controlling a lighting device emitting light having a first color, the method comprising: receiving, via a wireless communication circuit, a first message indicating a second color; determining whether the first color and the second color are on a black body curve; in response to determining that the first color and the second color are on the black body curve, fading the light emitted by the lighting device to a plurality of correlated color temperature (CCT) chromaticity values along the black body curve between the first color and the second color in a CCT chromaticity space; and in response to determining that one or more of the first color or the second color are not on the black body curve, fading the light emitted by the lighting device from the first color to the second color in an XY chromaticity space.
35. The method of claim 34, wherein the first message comprises an x-chromaticity coordinate and a y-chromaticity coordinate that indicates the second color.
36. The method of claim 34, wherein the first color is a first color temperature in the CCT chromaticity space, and the second color is a second color temperature in the CCT chromaticity space.
37. The method of claim 36, further comprising converting the second color temperature from the XY chromaticity space to the CCT chromaticity space based on a set of equations stored in a memory of the lighting device.
38. The method of claim 36, further comprising converting the second color temperature from the XY chromaticity space to the CCT chromaticity space based on a look up table stored in a memory of the lighting device.
39. The method of claim 36, wherein the light emitted by the lighting load is faded in the CCT chromaticity space according to a relationship between color temperature and time to control the lighting load such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
40. The method of claim 39, wherein the relationship is a linear relationship between color temperature and time.
41. The method of claim 39, wherein the relationship is a non-linear relationship between color temperature and time to provide greater resolution with respect to time near warm-white color temperatures than near cool-white color temperatures.
42. The method of claim 39, further comprising: determining a plurality of CCT chromaticity values along the black body curve between the first color temperature and the second color temperature; wherein the plurality of CCT chromaticity values are associated with the relationship between color temperature and time.
43. The method of claim 34, further comprising sequentially sending each of the plurality of CCT chromaticity values to a drive circuit of the lighting device at respective time instances to control the drive circuit such that the light emitted by the lighting device is faded from the first color temperature to the second color temperature along the black body curve.
44. A non-transitory, machine-readable storage device that includes instructions that, when executed by a computing device, cause the computing device to: receive, via a wireless communication circuit, a first message indicating a second color; determine whether a first color and the second color are on a black body curve, wherein a lighting device is emitting light having the first color; in response to determining that the first color and the second color are on the black body curve, fade the light emitted by the lighting device to a plurality of correlated color temperature (CCT) chromaticity values along the black body curve between the first color and the second color in a CCT chromaticity space; and in response to determining that one or more of the first color or the second color are not on the black body curve, fade the light emitted by the lighting device from the first color to the second color in an XY chromaticity space.
45. The non-transitory, machine-readable storage device of claim 44, wherein the first message comprises an x-chromaticity coordinate and a y-chromaticity coordinate that indicates the second color.
46. The non-transitory, machine-readable storage device of claim 44, wherein the first color is a first color temperature in the CCT chromaticity space, and the second color is a second color temperature in the CCT chromaticity space.
47. The non-transitory, machine-readable storage device of claim 46, wherein the instructions, when executed by the computing device, cause the computing device to convert the second color temperature from the XY chromaticity space to the CCT chromaticity space based on a set of equations stored in a memory of the lighting device.
48. The non-transitory, machine-readable storage device of claim 46, wherein the instructions, when executed by the computing device, cause the computing device to convert the second color temperature from the XY chromaticity space to the CCT chromaticity space based on a look up table stored in a memory of the lighting device.
49. The non-transitory, machine-readable storage device of claim 46, wherein the light emitted by the lighting load is faded in the CCT chromaticity space according to a relationship between color temperature and time to control the lighting load such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
50. The non-transitory, machine-readable storage device of claim 49, wherein the relationship is a linear relationship between color temperature and time.
51. The non-transitory, machine-readable storage device of claim 49, wherein the relationship is a non-linear relationship between color temperature and time to provide greater resolution with respect to time near warm-white color temperatures than near cool-white color temperatures.
52. The non-transitory, machine-readable storage device of claim 49, wherein the instructions, when executed by the computing device, cause the computing device to determine a plurality of CCT chromaticity values along the black body curve between the first color temperature and the second color temperature, and wherein the plurality of CCT chromaticity values are associated with the relationship between color temperature and time.
53. The non-transitory, machine-readable storage device of claim 44, wherein the instructions, when executed by the computing device, cause the computing device to sequentially send each of the plurality of CCT chromaticity values to a drive circuit of the lighting device at respective time instances to control the drive circuit such that the light emitted by the lighting device is faded from the first color temperature to the second color temperature along the black body curve.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of U.S. Patent No. 12342,432. Although the claims at issue are not identical, they are not patentably distinct from each other because of the below reasons:
All limitations of claim 1 of instant application are similar all limitations of claims 1,9,12,15-16,18-19 of Patent application above. The limitations of claim 1 of the instant application are similar to compare with the limitations of claims 1 ,9,12,15-16,18-19 of the Patent application above.
Claim 2 of the instant application, Patent application above do not disclose in response to determining that one or more of the first color or the second color are not on the black body curve, sequentially control the drive circuit to the plurality of XY chromaticity values at the respective time instances to adjust the color of the light emitted by the lighting load from the first color to the second color in the XY chromaticity space.
However, clam 19 of Patent above disclose wherein the control circuit is configured to sequentially send each of the plurality of XY chromaticity coordinates to the drive circuit at respective time instances to control the drive circuit such that the light emitted by the lighting device is adjusted from the first color temperature to the second color temperature along the black body curve.
Therefore, the limitations are not of patentable merits since it is directed to a manner of operating the control device which does not differentiate apparatus claim from the prior art. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Limitations in claim 3 of instant application are similar limitations of claim 2 of Patent application above.
Limitations in claim 4 of instant application are similar limitations of claim 6 of Patent application above.
Limitations in claim 5 of instant application are similar limitations of claim 7 of Patent application above.
Limitations in claim 6 of instant application are similar limitations of claim 8 of Patent application above.
Limitations in claim 7 of instant application are similar limitations of claim 9 of Patent application above.
Limitations in claim 8 of instant application are similar limitations of claim 10 of Patent application above.
Limitations in claim 9 of instant application are similar limitations of claim 11 of Patent application above.
Limitations in claim 10 of instant application are similar limitations of claim 12 of Patent application above.
Limitations in claim 11 of instant application are similar limitations of claim 13 of Patent application above.
Limitations in claim 12 of instant application are similar limitations of claim 14 of Patent application above.
Limitations in claim 13 of instant application are similar limitations of claim 15 of Patent application above.
Limitations in claim 14 of instant application are similar limitations of claim 22 of Patent application above.
Limitations in claim 15 of instant application are similar limitations of claim 23 of Patent application above.
Limitations in claim 16 of instant application are similar limitations of claim 2 9of Patent application above.
Limitations in claim 17 of instant application are similar limitations of claim 16 of Patent application above.
Limitations in claim 18 of instant application are similar limitations of claim 1 of Patent application above. Since the control circuit which include a first control circuit for control the drive circuit to fade the light emitted by the lighting load to a plurality of correlated color temperature (CCT) chromaticity values along the black body curve between the first color and the second color in a CCT chromaticity space and a second control circuit for determining that one or more of the first color or the second color are not on the black body curve, control the drive circuit to fade the light emitted by the lighting load from the first color to the second color in an XY chromaticity space.
Limitations in claim 19 of instant application are similar limitations of claims 9,12,15-16 of Patent application above.
Limitations in claim 20 of instant application are similar limitations of claim 19 of Patent application above.
Limitations in claim 21 of instant application are similar limitations of claim 20 of Patent application above.
Limitations in claim 22 of instant application are similar limitations of claim 21 of Patent application above.
Limitations in claim 23 of instant application are similar limitations of claim 26 of Patent application above.
Limitations in claim 24 of instant application are similar limitations of claim 27 of Patent application above.
Limitations in claim 25 of instant application are similar limitations of claim 28 of Patent application above.
Limitations in claim 26 of instant application are similar limitations of claim 29 of Patent application above.
Limitations in claim 27 of instant application are similar limitations of claim 30 of Patent application above.
Limitations in claim 28 of instant application are similar limitations of claim 31 of Patent application above.
Limitations in claim 29 of instant application are similar limitations of claim 32 of Patent application above.
Limitations in claim 30 of instant application are similar limitations of claim 33 of Patent application above.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over by Sooch et al (US Pub. No:2018/0077783).
With respect to claim 1, Sooch et al disclose in figures 1-2 and 7 that, a lighting device comprising: a wireless communication circuit(interface(52) and remote controller(64)) that is configured to communicate wireless messages(paragraph [60]); a lighting load(40); a drive circuit(46) for controlling the lighting load to emit light having a first color(paragraphs [60-61]; and a control circuit (54)configured to: receive, via the wireless communication circuit(52,64); determine whether the first color and the second color are on a black body curve(figures 1-2, 17, paragraphs [28-29,111]); in response to determining that the first color and the second color are on the black body curve: determine to adjust the color of the light emitted by the lighting load to a plurality of correlated color temperature (CCT) chromaticity values along the black body curve between the first color and the second color in a CCT chromaticity space(claim 1 of Sooch for the control circuit which includes driver circuit to adjust respective intensities of the one or more of the plurality of LEDs to produce the color temperature)
convert the plurality of CCT chromaticity values into an XY chromaticity space to determine a plurality of XY chromaticity coordinates; and sequentially control the drive circuit according to the plurality of XY chromaticity values at respective time instances to adjust the light emitted by the lighting device from the first color to the second color along the black body curve. Figures 1-2, 17, paragraphs [22, 73, 111].
Sooch et al do not explicitly disclose a first message indicating a second color.
However, Sooch et al disclose each illumination device that sends such a unicast message must receive an acknowledge to prevent such illumination devices from resending the same message. Paragraph [83] and each of the different colored LEDs and each chain can be one of the primary chromaticity colors, such as red, green or blue. Paragraphs [15,32,39].
It would have been an obvious matter of design choice to select second color of the lighting device, since the applicant has not disclosed that select the second color of the light device solves any problem or is for a particular reason.
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. See prior arts/references listed on the PTO-892 form attached.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Tran whose telephone number is (571)272-1817. The examiner can normally be reached on 8:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taningco Alexander H can be reached on 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Minh Tran/
Primary Examiner
Art Unit 2845