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 § 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.
Claims 1-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over She (US 12,222,076).
Regrading claim 1. She discloses a swinging candle lamp (see Fig. 1, see Col. 5; lines 39-67 and Col. 6; lines 1-41), comprising a candle lamp body (housing 1, see Fig. 1), a swinging support frame (swinging device 4 includes a counterweight assembly 43, including a columnar body 431, see Fig. 1, Col. 5; lines 39-67 and Col. 6; lines 3-16), an electric lamp (flame head 2 including a candle flame-like luminous body 21, see Figs. 2 and 4, Col. 4; lines 34-36) assembled on the swinging support frame (see Fig. 4), and a driving device (e.g. PCB 44, see Fig. 5, Col. 6; lines 11-26) for driving the swinging support frame to perform a swinging motion, wherein the swinging candle lamp further comprises a first electrode support member and a second electrode support member (support frame 42 that includes two vertical metal sheets 421, see Fig. 4, Col. 5; lines 60-67) assembled on the candle lamp body and spaced apart from each other (see Fig. 4), the electric lamp (2/21, see Figs. 2 and 4) is electrically connected with a first contact pin and a second contact pin (horizontal shafts 41, formed by two pins 211c of the LED lamp bead 211, see Figs. 2 and 4, Col. 5; lines 59-65), the swinging support frame (43) is swingably supported on the candle lamp body (1), rotation centerlines of the first contact pin and the second contact pin are collinear, and the driving device is assembled on the swinging support frame and the candle lamp body (1, see Fig. 5, Col. 6; lines 42-54). She further discloses one of the first electrode support member and the second electrode support member is electrically connected with the first contact pin (a support slot 422 formed in an upper part of each of the metal sheets 421, where the two horizontal shafts 41 removably pass through the support slots 422, on the two sides (see Fig. 4, Col. 5; lines 65-67 and Col. 6; lines 1-3).
However, She is silent with respect to rotatably connecting the first electrode support member and the second electrode support member with the first contact pin and the second contact pin, respectively.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify She by rotatably connecting the first electrode support member and the second electrode support member with the first contact pin and the second contact pin, respectively, as a matter of selecting well-known connecting methods, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, such modification would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regrading claim 2. She further discloses the first electrode support member (421, see Fig. 4) is provided with a first hole (support slot 422), the first contact pin (211c, see Fig. 2, Col. 5; lines 59-67) is provided with a first extension part (horizontal shafts 41, see Fig. 2) extending along a spaced-apart direction of the first electrode support member and the second electrode support member (421, see Fig. 4), and the first extension part (41) is electrically inserted into the first hole; the second electrode support member is provided with a second hole (422, see Fig. 4), the second contact pin is provided with a second extension part (41) extending along the spaced-apart direction, the second extension part is electrically inserted into the second hole; and the first extension part and the second extension part are coaxially arranged (see Fig. 4, Col. 5; lines 65-67 and Col. 6; lines 1-3).
However, She is silent with respect to the first extension part is rotatably inserted into the first hole and the second extension part is rotatably inserted into the second hole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify She by rotatably inserted the first extension part and the second extension part into the first hole and the second hole, respectively as a matter of selecting well known connecting methods, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, She would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regrading claim 3. She further discloses the swinging support frame (counterweight assembly 43, including a columnar body 431, see Fig. 1, Col. 5; lines 39-67 and Col. 6; lines 3-16) is located between the first electrode support member and the second electrode support member in the spaced-apart direction (support frame 42 that includes two vertical metal sheets 421, see Fig. 4, Col. 5; lines 60-67); and the driving device (e.g. PCB 44, see Fig. 5, Col. 6; lines 11-26) is electrically connected with the first electrode support member and the second electrode support member respectively.
Regrading claim 4. She further discloses the first extension part (horizontal shafts 41, see Fig. 2) is protruded from a side of the swinging support frame (43, see Fig. 4) facing the first electrode support member (421), and the second extension part (41) is protruded from a side of the swinging support frame facing the second electrode support member (421see Fig. 4).
Regrading claim 5. She further discloses the swinging support frame (counterweight assembly 43, including a columnar body 431, see Fig. 1, Col. 5; lines 39-67 and Col. 6; lines 3-16) is internally provided with a channel (an axial hole 4313, see Fig. 5, Col. 6; lines 55-65), a first through hole (4314, see Fig. 5) and a second through hole (4314) communicating with the channel, the channel penetrates upward through a top end of the swinging support frame, the first through hole penetrates through a side wall of the swinging support frame facing the first electrode support member, the second through hole penetrates through a side wall of the swinging support frame facing the second electrode support member (see Fig. 5); the first contact pin and the second contact pin are located in the channel, the first extension part (41) on the first contact pin is extended out of the swinging support frame through the first through hole, the second extension part on the second contact pin is extended out of the swinging support frame through the second through hole, and the electric lamp is located at the top end of the swinging support frame and exposed externally (see Figs. 4 and 5).
Regrading claim 6. She further discloses comprising a lampshade (3, see Fig. 1, Col. 4; lines 35-67) assembled and connected with the swinging support frame and covering the electric lamp.
Regrading claim 7. The teachings of She have been discussed above.
However, She is silent with respect to the swinging support frame comprises a first support frame and a second support frame assembled together in a swinging direction, and the first support frame and the second support frame jointly define the first through hole, the second through hole, and the channel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify She by forming the swinging support frame to include a first support frame and a second support frame assembled together, since it has been held by the courts making an integral structure separable (e.g. in a plurality of pieces), if so is desired, would require only ordinary skill. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961).
Regrading claim 14. She further discloses the first electrode support member (support frame 42 that includes two vertical metal sheets 421, see Fig. 4, Col. 5; lines 60-67) is provided with a first extension part (horizontal shafts 41, see Fig. 2) extending along a spaced-apart direction of the first electrode support member and the second electrode support member, the first contact pin (211c, see Fig. 2, Col. 5; lines 59-67) is provided with a first hole (support slot 422), and the second electrode support member is provided with a second extension part extending along the spaced-apart direction, the second contact pin (211c, see Fig. 2, Col. 5; lines 59-67) is provided with a second hole (support slot 422); and the first extension part and the second extension part are coaxially arranged.
However, She is silent with respect to the first extension part is rotatably and electrically inserted into the first hole and the second extension part is rotatably and electrically inserted into the second hole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify She by rotatably inserted the first extension part and the second extension part into the first hole and the second hole, respectively as a matter of selecting well known connecting methods, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, She would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over She in view of Hau et al. (US 2015/0204498 hereinafter refer as “Hau”).
Regrading claim 8. She further discloses the candle lamp body (housing 1, see Fig. 1) is internally provided with a receiving cavity (an accommodating chamber 100, see Fig. 1), an opening of the receiving cavity is located on a top surface of the candle lamp body, the swinging support frame is located in the receiving cavity; the electric lamp (2) is located on the top end of the swinging support frame; the first hole of the first electrode support member is located in the receiving cavity near the opening (see Fig. 1), and the second hole of the second electrode support member is located in the receiving cavity near the opening (see Fig. 1).
However, She is silent with respect to the a top end of the swinging support frame is extended out of the candle lamp body through the opening.
Hau teaches an electronic candle (see Fig. 1) that includes a candle lamp body (12) with an oping (hollow interior 24, see Fig. 6, Para. 0025) and a swinging support frame (holding member 40, see Figs. 1 and 2, Para. 0027) is extended out of the candle lamp body through the opening.
Therefore, in view of Hau, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify She so that the swinging support frame is extended out of the candle lamp body through the opening, as suggested by Hau, in order to provide a desired appearance, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, forming the swinging support frame is extended out of the candle lamp body thereby the electric lamp can be easily be attached to the support frame would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Allowable Subject Matter
Claims 9-13 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 following is a statement of reasons for the indication of allowable subject matter: The prior art taken as a whole does not show nor suggest “a side wall of the candle lamp body is further provided with a first support and a second support protruding into the receiving cavity, the first support and the second support are arranged spaced apart in the spaced-apart direction, the first support is provided with a first vertical passage, the second support is provided with a second vertical passage, the first electrode support member is fittingly inserted in the first vertical passage, the second electrode support member is fittingly inserted in the second vertical passage” and as specifically called for the claimed combinations, as recited in claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sena et al. (US 2022/0341555) discloses a flameless candle may include: a frame; a light source configured to project light; a flame element including a body, an interior region within the body; Carpintero et al. (US 2021/0080092) a flameless candle may include a candle body configured to house a power source, a light source configured to selectively receive power from the power source; Wu (US 10,731,811) discloses a simulated candle tip, which comprises a light source arranged in the flame base such that a light emitted by the light source can be projected through the reflecting chamber of the flame cover, to simulate real flames.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TSION TUMEBO/
Primary Examiner, Art Unit 2875