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 Objections
Claim 1 is objected to because:
“first side wall” and “second side wall” should be “the first recess wall” and “the second recess wall” in order to maintain antecedent basis throughout the dependent claims.
“a lighting assembly to mount a lighting assembly” should be “a lighting assembly to mount [[a]]the lighting assembly” in order to maintain antecedent basis.
Both instances of “the body” should be “the elongate body”
Claim 9 is objected to because: “first wall” and “second wall” should be “first recess wall” and second recess wall”
Claim 10 is objected to because:
“the body” should be “the flexible elongate body”
“said mounting formation” should be “said first mounting formation”
Claims 11-13 and 16 are objected to because: “the body” should be “the flexible elongate body”
Claim 13 is further objected to because: “the base of the flexible elongate body” should be “[[the]]a base of the flexible elongate body”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 12, 14, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re 9: the limitation “optionally wherein the ledge at least partially extends between adjacent protrusions” is indefinite because it is unclear if the claim requires the limitation given it starts with “optionally.” Examiner has read the limitation “or wherein the ledge at least partially extends between adjacent protrusions.”
Re 12: the limitation “optionally wherein the second mounting formation comprises a recess, groove or channel.” is indefinite because it is unclear if the claim requires the limitation given it starts with “optionally.” Examiner has read the limitation “or wherein the second mounting formation comprises a recess, groove or channel.”
Re 14: “each mounting formation” is confusing because claim 10 (from which claim 14 depends) only has one mounting formation. This claim has been read as depending from claim 12 which defines two mounting formations.
Re 16: All instances of the word “optionally” render the claim indefinite (see above), and the term has been read as “or.”
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frana Alfred EP 2916068B1 (“Alfred,” cited by Examiner).
Alfred teaches:
Re 1: A lighting support (Fig. 3: shows lighting support; claim 1) for mounting to a plinth or a panel (Fig. 2), the lighting support comprising:
an elongate body 11 defining opposing ends thereof (Fig. 3);
first 21 and second 25 opposing arms extending from the elongate body 11 to define a channel (Fig. 3: both arms defining a channel) configured to receive a part of a plinth or a panel therein to mount the lighting support to said plinth or panel (teaching goods and their panels can be placed therein; ¶13); and
a lighting mount (Fig. 3: see lower portion of support shown in Figure) connected to the body 11 and comprising an elongate recess defining first 51 and second 61 opposing side walls extending at least partially along the elongate length of the body (Fig. 3);
wherein the first recess wall 51 comprises a protrusion 52/53 configured to engage a recess, groove or channel of a lighting assembly to mount a lighting assembly (Fig. 5: light assembly) in the recess.
Re 2: wherein the first 21 and second 25 arms are arranged wherein the channel tapers in a direction away from the elongate body 11 (Fig. 3: arms are shown tapering away from 11).
Re 3: wherein the lighting support is deformable wherein the first and second arms are deflectable relative to each other (¶¶17-19: teaching it is made of elastic thermoplastic).
Re 4: wherein the channel is arranged at a non-zero angle relative to the recess (Fig. 3: the angle is roughly between 45° to 90°); optionally wherein an axis normal to an elongate opening of the channel is arranged at a non-zero angle to an axis normal to an elongate opening of the recess (Fig. 3).
Re 5: wherein the first 51 and second 61 arms each define a respective height (Figs. 2-3), the height of the second arm being greater than the height of the first arm (Fig. 3: 51 is above 61 as no point of reference is given, hence it has a greater height), and wherein the recess is on the first arm (Fig. 3).
Re 6: wherein the second recess wall comprises a protrusion 62 configured to engage a recess, groove or channel of a lighting assembly to mount a lighting assembly in the recess (Fig. 3), said protrusion arranged to substantially oppose the protrusion on the first recess wall (Fig. 3).
Re 7: wherein the protrusion on the first recess wall and/or second recess wall define an external wall 55 located towards the opening of the recess and an interior wall located towards the base wall of the recess (Fig. 3), and wherein the internal wall is chamfered (Fig. 3); and/or wherein the external wall extends substantially perpendicularly to the first or second wall (Fig. 3).
Re 8: wherein the first recess wall comprises a plurality of spaced apart protrusions (Fig. 3: see 52 and 53) configured to engage the recess, groove or channel of a lighting assembly to mount a lighting assembly in the recess (Fig. 3).
Re 9: wherein the recess comprises a ledge extending from or near a distal end of the first and/or second wall to extend at least partially between said first and second walls (Fig. 3: ledge is shown where LED slots into at least in part); optionally wherein the ledge at least partially extends between adjacent protrusions (Fig. 3).
Claims 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He WO 2021223381 A1 (“He,” cited by applicant).
He teaches:
Re 10: A lighting assembly (Fig. 3) for mounting to a lighting support 510 (Fig. 3), the lighting assembly comprising:
a flexible 400 (Fig. 3: both 400 and 100 are made of silicone) elongate body extending between first and second ends thereof (Fig. 3), said body comprising a base wall (Fig. 3: see upper part of 400), and a light transmissive cover 100 (Figs. 2-3: 100 is a light-transmitting sleeve);
a lighting strip 200/300 extending at least partially along the flexible elongate body 400 and located within or connected to the elongate flexible body 400 so as to be at least partially covered by the light transmissive cover 100 (Fig. 3);
wherein the body comprises a mounting arrangement configured to mount the lighting strip to the support (Fig. 3);
wherein the mounting arrangement comprises a first mounting formation 401 on an outer surface of the elongate body (Fig. 3), said mounting formation comprising a recess, groove or channel on the outer surface of the body (Fig. 3).
Re 11: wherein the first mounting formation 401 is arranged on a first lateral side of the body (Fig. 3: shown on lateral side), and wherein the body is resiliently deformable along a lateral axis (Fig. 3: 400 is made of silicone so it is thus deformable).
Re 12: wherein the mounting arrangement comprises a second mounting arrangement on a second lateral side of the body opposite the first lateral side (Fig. 3: opposite 401 there is an identical mounting arrangement) and wherein the body is resiliently deformable along an axis extending between the first 401 and second mounting formations (Fig. 3: since 400 is made of silicone it is thus deformable); optionally wherein the second mounting formation comprises a recess, groove or channel (Fig. 3).
Re 13: wherein the light transmissive cover 100 and/or the base of the flexible elongate body are resiliently deformable wherein the body can be laterally compressed (Fig. 3: the base of the flexible elongate body is also made of silicone so it can do this); and/or wherein the body comprises first and second side walls extending between the base wall and the light transmissive cover, wherein the side walls of the flexible elongate body are resiliently deformable such that the body can be laterally compressed (Fig. 3).
Re 14: wherein each mounting formation defines a shoulder configured and arranged to abut against the support when the lighting assembly is mounted to the lighting support (Fig. 3: the first and second mounting formations have a shoulder).
Re 15: wherein the mounting arrangement is a push-fit or snap-fit mounting arrangement (Fig. 3).
Re 16: wherein the body defines an internal elongate chamber extending between the first and second ends, and wherein the lighting strip extends at least partially along the chamber (Fig. 3); optionally wherein the lighting strip and the chamber are dimensioned such that the lighting strip is moveable within the chamber; and optionally wherein the lighting strip and the chamber are dimensioned such that the lighting strip is moveable within the chamber along an axis substantially perpendicular to the elongate axis of the body.
Re 17: wherein the lighting strip 200/300 and the chamber are dimensioned such that the lighting strip is moveable within the chamber along a first axis extending between the light transmissive cover and the base wall, and/or along a second axis extending between the first and second side walls (Fig. 3: this recites how the stirp can be inserted into said chamber).
Re 18: wherein the lighting strip and the chamber are dimensioned to prevent the light strip from twisting and/or rotating such that the light emitting members face in a direction away from the light transmissive cover (Fig. 3).
Re 19: wherein the chamber defines a first height along a first axis extending between the base wall and the cover (Fig. 3), and the lighting strip defines a second width extending along a second axis extending between the first and second side walls (Fig. 3), and wherein the second width is greater than the first height (Fig. 3).
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Alfred in view of He.
Alfred teaches a lighting device comprising the lighting support according to claim 1 (see claim 1 above).
Alfred does not explicitly teach, while He teaches (See claim 10 above) further comprising a lighting assembly according to claim 10 mounted in the recess of the lighting mount of the lighting support.
Alfred teaches a lighting support for use in price displays or in stores generally. Combining it with the flexible, resilient lighting assembly in claim 10 would provide a lighting assembly that is resilient and can withstand constant handling, as is normal in commercial settings, ensuring that consistent lighting is provided to highlight items.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine Alfred with He's teachings in order to use a resilient light assembly in commercial settings where they are often handled and susceptible to wear-and-tear.
Conclusion
Relevant prior art considered: US 20160025278 teaching the assembly has an elongated housing (320) having a length, which comprises a first section that extends along the length of housing to form a base of housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD J SUFLETA II whose telephone number is (571)272-4279. The examiner can normally be reached M-F 9AM-6PM EDT/EST.
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GERALD J. SUFLETA II
Primary Examiner
Art Unit 2875
/GERALD J SUFLETA II/Primary Examiner, Art Unit 2875