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 Objections
Claim 1 is objected to because of the following informalities: on line 2 of the claim, “comprising;” should be changed to “comprising:” to correct typographical error. Appropriate correction is required.
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, 2, 3, and 8-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, 19, 20, and 22-28 of U.S. Patent No. 12,372,707 hereinafter referred to as Pat’707. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1 of the instant application, claim 1 and 19 of Pat’707 teaches an optically transmissive component configured for use within an edgelit light fixture (see lines 16-23 of claim 1 of Pat’707) comprising:
A) a light transmissive material with volumetric or surface light scattering features (see claims 19, lines 3-4 of Pat’707);
B) a physical form factor comprising a main portion and at least one extension portion that is non-planar in alignment with the main portion; and wherein light emitted from near an edge of an edgelit optical element is sequentially input into the at least one extension portion at an initial input face, is transmitted through the at least one extension portion, exits the optically transmissive component, is input into the main portion, and exits the main portion through an output face (see lines 16-23 of claim 1 of Pat’707).
Claim 2 of the instant application corresponds to claim 22 of Pat’707.
Claim 3 of the instant application corresponds to claim 23 of Pat’707.
Claim 8 of the instant application corresponds to claim 24 of Pat’707.
Claim 9 of the instant application corresponds to claim 25 of Pat’707.
Claim 10 of the instant application corresponds to claim 26 of Pat’707.
Claim 11 of the instant application corresponds to claim 27 of Pat’707.
Claim 12 of the instant application corresponds to claim 28 of Pat’707.
Claim 13 of the instant application corresponds to claim 20 of Pat’707.
Claim 14 of the instant application corresponds to claim 16 of Pat’707.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dau et al. (US 2013/0208495 A1).
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Regarding claim 1, Dau et al. teaches an optically transmissive component configured for use within an edgelit light fixture comprising;
A) a light transmissive material (material of light guide 230) with volumetric or surface light scattering features (light scattering material; paragraph [0216]);
B) a physical form factor comprising a main portion (230) and at least one extension portion (220) that is non-planar in alignment with the main portion (230); and wherein light emitted from near an edge of an edgelit optical element (see portion of 220 where light source 212 is positioned in figure 2K) is sequentially input into the at least one extension portion (220) at an initial input face (see figure 2k where light source is at a face of 220), is transmitted through the at least one extension portion (220), exits the optically transmissive component (265), is input into the main portion (230), and exits the main portion (230) through an output face (top side surface of 230)..
Regarding claim 2, Dau et al. teaches the optically transmissive component of claim 1 wherein the output face of the optically transmissive component (265; figure 2k) is an output face of a light fixture (see abstract of Dau et al. where various types of light fixtures are disclosed).
Regarding claim 3, Dau et al. teaches the optically transmissive component of claim 1 wherein the at least one extension portion (220) is bent or angled at an intersection with the main portion (see figure 2K).
Regarding claim 4, Dau et al. teaches the optically transmissive component of claim 1 wherein the at least one extension portion (220) extends over an edge of an edgelit optical element (figure 2k).
Regarding claim 5, Dau et al. teaches the optically transmissive component of claim 4 wherein the at least one extension portion (220) comprises a light input segment which comprises the initial input face (see where light source 212 is positioned in figure 2K) that receives light emitted from near the edge of the edgelit optical element figure 2K).
Regarding claim 6, Dau et al. teaches the optically transmissive component of claim 5 wherein the light input segment (see figure 2K) which receives light emitted from near the edge of an edgelit optical element (figure 2K) is substantially parallel with the edgelit optical element (see figure 2K).
Regarding claim 7, Dau et al. teaches the optically transmissive component of claim 5 wherein the light input segment (See portion of 220 where light source 212 is positioned) which receives light emitted from near the edge of an edgelit optical element (figure 2K) is substantially parallel with the main portion of the optically transmissive component (265).
Regarding claim 8, Dau et al. teaches the optically transmissive component of claim 1 wherein the physical form factor is that of an extruded profile shape (see shape in figure 5 and 6).
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Regarding claim 9, Dau et al. teaches the optically transmissive component of claim 8 configured with features for interlocking with a housing body (see figure 7 and 8).
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Regarding claim 10, Dau et al. teaches the optically transmissive component of claim 9 which can be snapped or slid into place in a housing body (see figure 7 and 8).
Regarding claim 11, Dau et al. teaches the optically transmissive component of claim 1 further comprising a light scattering region (see paragraph [0216] where light scattering material is disclosed), lenticular pattern, or microlens pattern.
Regarding claim 12, Dau et al. teaches the optically transmissive component of claim 11 wherein a light scattering region is a coating (see paragraph [0163] where specular reflective coating is disclosed) or laminated film.
Regarding claim 13, Dau et al. teaches the optically transmissive component of claim 1 wherein volumetric light scattering features are comprised of regions of light transmissive material dispersed within a bulk matrix material of differing refractive index (see paragraph [0318] where different index of refractions are disclosed).
Regarding claim 14, Dau et al. teaches the optically transmissive component of claim 13 wherein the regions of light transmissive material (material of guide 230) dispersed within a bulk material comprise polymer beads (see paragraph [0051] where polymer material is disclosed).
Regarding claim 15, Dau et al. teaches the optically transmissive component of claim 1 wherein light that exits the main portion through an output face (portion of 230) is an asymmetric light distribution (see paragraph [0022] where asymmetric light distribution is disclosed).
Regarding claim 16, Dau et al. teaches the optically transmissive component of claim 15 wherein the asymmetric light distribution (paragraph [0022]) that exits the main portion through an output face (portion of 230) is a less asymmetric light distribution than the light that is input into the at least one extension portion (220).
Regarding claim 17, Dau et al. teaches the optically transmissive component of claim 1 wherein the spatial brightness uniformity of the edge lit light fixture (figure 2K) is increased by use of the optically transmissive component (230; paragraph [0405]).
Regarding claim 18, Dau et al. teaches the optically transmissive component of claim 17 wherein higher efficacy of the edge lit light fixture (figure 2K) at a given spatial brightness uniformity (see paragraph [0405]) is achieved by use of the optically transmissive component (265) as compared to use of an equivalent optically transmissive component (265) without the extension portion.
Regarding claim 19, Dau et al. teaches the optically transmissive component of claim 17 wherein a narrower width of the edgelit light fixture (figure 2k) is achieved as compared to use of an equivalent optically transmissive component (265) without the extension portion (220).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Leung (US 2018/0216791 A1) teaches a light fixture which is an artificial skylight.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA MCMILLAN APENTENG whose telephone number is (571)272-5510. The examiner can normally be reached Monday-Friday 9:00 am-5:00 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 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA M APENTENG/Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/Supervisory Patent Examiner, Art Unit 2875