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 application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. US 11202351 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because although the statutory categories are different between some claims of the current application and the Patent, the limitations are being anticipated.
Current Application
PN US 11202351 B2
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising:
a base portion;
a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface; a control circuit configured to generate first control data for changing a first characteristic of a first electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the first plane, the control circuit further configured to generate second control data for changing a second characteristic of a second electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the second plane; and a wireless communication circuit configured to transmit a first control signal based on the first control data and a second control signal associated with the second control data.
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising:
a base portion configured to be mounted to an electrical wallbox or over a mechanical switch;
a rotating portion rotatable with respect to the base portion; an internal switch; an actuation portion comprising a front surface, the actuation portion configured to not actuate the internal switch when the front surface of the actuation portion is in a first plane and to actuate the internal switch when the front surface of the actuation portion is moved into a second plane parallel to the first plane; and a control circuit configured to generate first control data for changing a first characteristic of the one or more electrical loads in response to detecting that the rotating portion is being rotated and the internal switch is not being actuated while the front surface of the actuation portion is located in the first plane, the control circuit further configured to generate second control data for changing a second characteristic of the one or more electrical loads in response to detecting that the rotating portion is being rotated and the internal switch is being actuated while the front surface of the actuation portion is located in the second plane and the internal switch is being actuated.
Claims 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. US 12418964 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because although the statutory categories are different between some claims of the current application and the Patent, the limitations are being anticipated.
Current Application
US 12418964 B2
1. A control device configured for use in a load control system to control one or more electrical loads external to the control device, the control device comprising:
a base portion;
a rotating portion rotatable with respect to the base portion; an actuation portion comprising a front surface; a control circuit configured to generate first control data for changing a first characteristic of a first electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the first plane, the control circuit further configured to generate second control data for changing a second characteristic of a second electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the second plane; and a wireless communication circuit configured to transmit a first control signal based on the first control data and a second control signal associated with the second control data.
1. A control device for controlling a lighting load in a load control system, the control device comprising:
a base portion;
a rotating portion rotatable with respect to the base portion; an actuation portion having a front surface, the front surface of the actuation portion configured to be in a first plane along an axis perpendicular to the base portion and in a second plane parallel to the first plane, wherein the second plane is located closer to the base portion than the first plane, and the front surface of the actuation portion is configured to be moved from the first plane to the second plane when the rotating portion is pushed in towards the base portion; and a control circuit configured to generate first control data for changing one of color or intensity of the lighting load in response to rotations of the rotating portion when the front surface of the actuation portion is located in the first plane, the control circuit further configured to generate second control data for changing the other of color or intensity of the lighting load in response to rotations of the rotating portion when the front surface of the actuation portion is in the second plane.
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 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) 1, 5, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toda (US 20130328503 A1) in view of Minsky (US 20160192461 A1).
With regards to claim 1. Toda disclose(s):
A control device (figs 1-6b) configured for use in a load control system to control one or more electrical loads (2r, 2g, 2b; fig 1) external to the control device, the control device comprising:
a base portion (41);
a rotating portion (5, 7) rotatable [0043, 0048] with respect to the base portion;
an actuation portion comprising a front surface (outside surface of 5 which can be moved);
a control circuit (“controller” [0048]) configured to generate first control data for changing a first characteristic of a first electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the first plane (plane in dotted lines representing 5 in fig 6b; [0049]), the control circuit further configured to generate second control data for changing a second characteristic of a second electrical load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the second plane (plane in solid lines representing 5 in fig 6b; [0049]);
and a
Toda does not disclose(s):
the communication circuit being a wireless communication circuit
Minsky teaches:
the communication circuit being a wireless communication circuit (see 29; fig 3; [0041-0042]; see fig 4e; [0060])
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the device/method/system of Toda by implementing the communication circuit being a wireless communication circuit as disclosed by Minsky in order to transmit command over a wireless network in a building as taught/suggested by Minsky ([003, 0041]).
With regards to claim 5. Toda as modified disclose(s):
The control device of claim 1,
Toda further disclose(s):
wherein the first characteristic of the first electrical load is an intensity of a first lighting load, such that the control circuit is configured to generate the first control data for changing the intensity of the first lighting load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the first plane (see curve of a first plane controlling at least 33R; figs 1 and 2a; see curves in fig 3 which involves changing intensity of the three LEDs 33R/33G/33B including 33R; [0048]);
and wherein the second characteristic of the second electrical load is an intensity of a second lighting load, such that the control circuit is configured to generate the second control data for changing the intensity of the second lighting load in response to detecting that the rotating portion is being rotated while the front surface of the actuation portion is located in the second plane (see curve of a first plane controlling at least 33G; figs 1 and 2a; see curves in fig 3 which involves changing intensity of the three LEDs 33R/33G/33B including 33G; [0048]).
With regards to claim 17. Toda as modified disclose(s):
The control device of claim 1,
Minsky further disclose(s):
wherein the control circuit is configured to toggle at least one of the one or more electrical loads from off to on, or vice versa, in response to an actuation of the actuation portion [0056].
With regards to claim 18. Toda as modified disclose(s):
The control device of claim 1,
Minsky further disclose(s):
wherein the control circuit is configured to transmit a command to adjust a characteristic of at least one electrical load of the one or more electrical loads in response to a double tap of the actuation portion (see second press [0063]).
With regards to claim 19. Toda as modified disclose(s):
The control device of claim 1,
Toda further disclose(s):
wherein the second plane is located closer to the base portion than the first plane, and the front surface of the actuation portion is configured to be moved from the first plane to the second plane when the rotating portion is pushed in towards the base portion (see movement of front surface of 5 in fig 6b; see pushing actuation moving from one plane to a different plane; [0048]).
Claim(s) 10-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toda (US 20130328503 A1) in view of Minsky (US 20160192461 A1) as applied to claim 1 above, and further in view of Raposo (US 20170006693 A1)
With regards to claim 10. Toda as modified disclose(s):
The control device of claim 1,
Toda as modified does not disclose(s):
wherein the actuation portion is separate from the rotating portion and wherein the actuation portion is received in a central opening of the rotating portion.
Raposo teaches
wherein the actuation portion is separate from the rotating portion and wherein the actuation portion is received in a central opening of the rotating portion (see 424, 426 in fig 6; [0084]; ).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the device/method/system of Toda by implementing the actuation portion is separate from the rotating portion and wherein the actuation portion is received in a central opening of the rotating portion as disclosed by Raposo in order to encode control values while dialing a rotatable shaft and pushing a button switch as taught/suggested by Raposo ([003, 0041]; see rotary encoder being a PEC12R which involves a central switch with a rotary shaft ; [0073]).
With regards to claim 11. Toda as modified disclose(s):
The control device of claim 1,
Toda as modified does not disclose(s):
wherein the control device defines a circular surface within an opening defined by the rotating portion, and wherein the actuation portion comprises a part of a central area of the circular surface.
Raposo teaches
wherein the control device defines a circular surface (see 424 in figs 5 and 6) within an opening defined by the rotating portion (see opening around knob in fig 5), and wherein the actuation portion comprises a part of a central area of the circular surface (see rotary encoder being a PEC12R which involves a central switch with a rotary shaft passing from body of control module to knob; [0073]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the device/method/system of Toda by implementing the control device defines a circular surface within an opening defined by the rotating portion, and wherein the actuation portion comprises a part of a central area of the circular surface as disclosed by Raposo in order to encode control values while dialing a rotatable shaft and pushing a button switch as taught/suggested by Raposo ([003, 0041]; see rotary encoder being a PEC12R which involves a central switch with a rotary shaft ; [0073]).
With regards to claim 12. Toda as modified disclose(s):
The control device of claim 1,
Toda as modified does not disclose(s):
further comprising:
one or more light sources; and one or more visual indicators configured to be illuminated by the one or more light sources.
Raposo teaches
one or more light sources (248; [0085]); and one or more visual indicators (428a-q; fig 6; [0085]) configured to be illuminated by the one or more light sources [0085].
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the device/method/system of Toda by implementing the one or more light sources; and one or more visual indicators configured to be illuminated by the one or more light sources as disclosed by Raposo in order to visually indicate one or more settings associated with parameters of a control module as taught/suggested by Raposo ([0085]).
With regards to claim 13. Toda as modified disclose(s):
The control device of claim 12,
Raposo disclose(s):
wherein the control circuit is configured to illuminate the one or more visual indicators to display feedback information regarding the one or more electrical loads [0085].
With regards to claim 14. Toda as modified disclose(s):
The control device of claim 12,
Raposo disclose(s):
wherein the one or more visual indicators are located around a periphery of the actuation portion (see 428a-q; fig 6).
With regards to claim 15. Toda as modified disclose(s):
The control device of claim 12,
Raposo disclose(s):
wherein, when the rotating portion is being rotated to adjust the first characteristics of the first electrical load, the control circuit is configured to illuminate the one or more visual indicators to display feedback information regarding the first characteristic of the first electrical load [0085].
With regards to claim 16. Toda as modified disclose(s):
The control device of claim 15,
Raposo disclose(s):
wherein, when the rotating portion is being rotated to adjust the second characteristics of the second electrical load, the control circuit is configured to illuminate the one or more visual indicators to display feedback information regarding the second characteristic of the second electrical load [0085].
With regards to claim 20. Toda as modified disclose(s):
The control device of claim 1,
Minsky further discloses:
wherein the control circuit is configured to generate the first control data for changing the first characteristic of the one or more electrical loads in response to detecting that the rotating portion is being rotated and the internal actuator
and wherein the control circuit is configured to generate second control data for changing the second characteristic of the one or more electrical loads in response to detecting that the rotating portion is being rotated and the internal actuator actuator is being actuated (see pressed status of 95; figs 4d/4e; [0051]);.
Toda as modified does not disclose(s):
an internal switch, wherein the actuation portion is configured to not actuate the internal switch when the front surface of the actuation portion is in a first plane and to actuate the internal switch when the front surface of the actuation portion is moved into a second plane parallel to the first plane;
Raposo teaches
an internal switch (see rotary encoder 244; [0073]; see switch across pins 1 and 2 in element 244; fig 3D), wherein the actuation portion is configured to not actuate the internal switch when the front surface of the actuation portion is in a first plane (see when position of no activation of push button; [0073]) and to actuate the internal switch when the front surface of the actuation portion is moved into a second plane parallel to the first plane (see activation of push button; [0073]);
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the device/method/system of Toda by implementing the internal switch, wherein the actuation portion is configured to not actuate the internal switch when the front surface of the actuation portion is in a first plane and to actuate the internal switch when the front surface of the actuation portion is moved into a second plane parallel to the first plane as disclosed by Raposo in order to visually indicate one or more settings associated with parameters of a control module as taught/suggested by Raposo ([0085]).
Allowable Subject Matter
Claim(s) 2-4, and 6-9 is/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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lichtinghagen WO 2007122143 A1 discloses: The adjusting knob 13 can be rotated to adjust the brightness of a lamp connected to the dimmer or also pressed to perform a switching operation.
PNG
media_image1.png
811
543
media_image1.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Renan Luque whose telephone number is (571)270-1044. The examiner can normally be reached M-F 9:30AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RENAN LUQUE/ Primary Examiner, Art Unit 2845
