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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al (2020/0340633 “Chen”).
Regarding claim 1, Chen discloses a luminous-efficacy linear lighting device(10), comprising: a tubular light cover (12)having a light-emitting portion (12)and a light-shielding portion(11), wherein a light-emitting surface of the light-emitting portion is a curved surface(figs. 4-6), a bottom of the light-emitting portion has a lower opening(opening present in Fig. 1), a top of the light-shielding portion has an upper opening (slit on the top of 11, Fig. 11), the bottom of the light-emitting portion is connected to the top of the light-shielding portion (as seen in figs. 4,5,6 and 10), and a width of the bottom of the light-emitting portion is greater than a width of the top of the light-shielding portion(as seen in figs. 4,5,6 and 10); a support plate (plate electronically connected to light source 20 and below driver 30, fig. 4, and, plate electronically connected to light source 20 and below driver 30, Fig. 5) disposed within the light-shielding portion and adjacent to the upper opening; and a light source board disposed on one side of the support plate and facing the light-emitting portion.(figs. 4 and 5).
Regarding claim 2, the tubular light cover is made of plastic(Para. 0012).
Regarding claim 3, a power module (30) disposed on another side of the support plate and within the light-shielding portion, wherein the power module is electrically connected to the light source board (Figs. 4-6. Para. 0085).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al in view of Purdy (2015/03454755).
Regarding claim 4, Chen discloses the limitations of claim 1. Chen does not disclose a base, wherein the tubular light cover is disposed on the base. Purdy discloses “Fig 4 – base 122 and tubular light cover 120, Claim 4 “The LED linear lamp assemblage of claim 2, wherein the elongate tube comprises a base portion to which is affixed the circuit board and a transparent or translucent cover that connects to the base portion above the LEDs on the circuit board and wherein the joiner unit comprises a section of resilient material that engages with an outside of the base portion.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tubular light cover of Chen to be disposed on a base, as taught by Purdy, since one of ordinary skill would have recognized that disposing the tubular light cover on a base in would provide a stable placement for the tubular light cover.
Allowable Subject Matter
Claims 5-10 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 prior art cited of record does not anticipate individually or teach in combination the limitations of “ a base, wherein the tubular light cover is disposed on the base”, in claim 4. The prior art cited of record does not anticipate individually or teach in combination the limitations of “two end caps and two safety ropes, wherein the end caps are respectively disposed at two ends of the tubular light cover and are respectively connected to two ends of the base via the two safety ropes”, in claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kearny et al discloses translucent end caps for a luminaire that connect to hanging supports (Fig.3);
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/ANABEL TON/Primary Examiner, Art Unit 2875