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 .
Terminal Disclaimer
On 2/12/2026 the examiner called the applicant’s representative and requested the filing of Terminal Disclaimers with respect to US PAT 12410909 and US PAT 12031706 before the mailing of an Office action. The Terminal Disclaimers filed on 2/13/2026 have been acknowledged and entered; the examiner appreciates the applicant’s efforts to facilitate compact prosecution in this application.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Van Diep US PAT 7494244 in view of D’Ascanio US 2012/0212048.
As for claim 1, Van Diep discloses a modular lighting system comprising: a control unit (signal transmitter T, see Fig 3, col 5 ln 10-20); a plurality of bases 12 arranged in series (see Fig 3), wherein a first base of the plurality of bases is connected to the control unit (base 12 that is closest to T, Fig 3); a plurality of lighting units (see units 40), each lighting unit connected to one of the plurality of bases (each connected to one of the hubs 12, Fig 3); and a plurality of cables (see 38, 41, and cable that connects to 40, Fig 3) comprising a first cable 38 connecting the control unit and the first base of the plurality of bases, a set of base cables 41, wherein each base cable connects two bases of the plurality of bases, and a set of lighting unit cables (cables that connect to 40, Fig 3), wherein each lighting unit cable connects one of the plurality of lighting units to one of the plurality of bases (see cables that connect bases 12 to light units 40, Fig 3);
Van Diep further teaches: intermediary transmission cables (see 41, Fig 3) that are used to connect a hub (12, Fig 3) to an adjacent hub via connectors 42 that are on opposing ends of cables 41 (see Fig 3 and col 5 ln 13-14); these cables and connectors are interpreted as being interchangeable with one another; Van Diep also teaches that “Connectors 16, 17, 18 may be identical to one another” (col 4 lines 46+; connectors 16, 17, and 18 respectively connect to cable 38, the cable (not identified/discussed in reference) that connects to light unit 40 see Fig 3, and to other bases 12, see Fig 3, which teaches/implies a level of interchangeability between at least the connectors and some of the cables.
However, Van Diep does not specifically teach wherein the first cable, the base cables, and the lighting unit cables are interchangeable such that each of the first cable, the base cables, and the lighting unit cables is configured to connect to the control unit, any base of the plurality of bases, and any lighting unit of the plurality of lighting units. D’Ascanio teaches an electrical connection configuration for a plurality of connected electrical devices (see Fig 3) that can connect to multiple lighting units (see paragraph 0023 for path lights 38, 39, and effect laser lights 40). D’Ascanio further teaches the use of wire cable lines that are interchangeable with one another (see 25, Fig 3; paragraph 0006; provides quick connect elements which allows fast and clean interchange of the various components; Fig 3 shows using the same wires 25 for all the connections within the system). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to look to the teachings of D’Ascanio and modify the device of Van Diep such that the first cable, the base cables, and the lighting unit cables are interchangeable such that each of the first cable, the base cables, and the lighting unit cables is configured to connect to the control unit, any base of the plurality of bases, and any lighting unit of the plurality of lighting units, to provide an improved connection means that allows quick connect/disconnect and improved interchangeability of the cables and connectors. One would have been motivated to make this modification to provide cables and connectors that improves versatility of the system by permitting interchanging of components (paragraph 0003 D’Ascanio) for the device of Van Diep.
As for claims 2-4, Van Diep in view of D’Ascanio teach the modular lighting system of claim 1, but the combination is silent to further teaching wherein the first cable, the base cables, and the lighting unit cables comprise cables of different lengths (claim 2), base cables comprise cables of different lengths (claim 3), the lighting unit cables comprise cables of different lengths (claim 4). Regarding the lengths of the cables for claims 2-4, it would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to modify the device such that wherein the first cable, the base cables, and the lighting unit cables comprise cables of different lengths, base cables comprise cables of different lengths, and the lighting unit cables comprise cables of different lengths, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984) see MPEP 2144.04. One would have been motivated to modify the lengths of the respective cables since Van Diep suggests that modifications may be made to the invention and to achieve a desired effect or dimensioned device (col 8 ln 3-16).
As for claim 5, Van Diep in view of D’Ascanio teach the modular lighting system of claim 1; Van Diep further teaches wherein each of the plurality of lighting units 40 is disposed below the base 12 to which the lighting unit is connected (see Fig 3).
As for claim 6, Van Diep in view of D’Ascanio teach the modular lighting system of claim 1; Van Diep further teaches wherein each of the plurality of bases is configured to connect to a ceiling (see column 2 lines 19-33; “the system is structured to be installed in a panel, wall, or other structure. For example, the panel, wall or other structure may comprise a side, top or bottom wall of a swimming pool, spa, pond, whirlpool, hot tub, shower, steam room, bath tub, jetted bath tub, water fall, fountain or other structure that contains or receives vapor, water or other fluid.”).
As for claim 7, Van Diep in view of D’Ascanio teach the modular lighting system of claim 1; with respect to mounting the device such that each of the plurality of lighting units is disposed below and hanging from one of the plurality of bases, Van Diep shows attachment eyelets on hub 12 (see Figures 1, 2, 3) and further teaches that the device may be installed in a panel, wall, or other structure which may comprise a side, top or bottom wall of a swimming pool, spa, pond, whirlpool, hot tub, shower, steam room, bath tub, jetted bath tub, water fall, fountain or other structure that contains or receives vapor, water or other fluid. Given the teachings and structure of Van Diep, it would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to connect the device to a ceiling (a top wall) of a steam room or other structure, to provide a suitable mounting configuration at a location where a serial display of light of various colors, patterns, etc. would be desirable (see column 2 lines 22-24, Van Diep). Attaching the device in this configuration renders each lighting unit 40 disposed below and hanging from one of the plurality of bases since lighting units 40 are attached to the bases via flexible cables.
As for claim 8, Van Diep discloses a modular lighting system (see Fig 3) comprising: a lighting unit (see units 40, Fig 3); a base (middle base 12, see Fig 3) comprising three cable connectors (16, 17, 18, Fig 1-3); a first cable 41 connected to a first cable connector (41 connects from 18 of middle base 12 to upstream base 12, indicated below Fig 3) of the three cable connectors and connecting the base to a first adjacent base in a series of bases (see below), the first adjacent base disposed upstream from the base (see Fig 3); a second cable (41 that connects from middle base 12 to 2nd adjacent base 12 downstream, see Fig 3 and below) connected to a second cable connector 16 of the three cable connectors and connecting the base to a second adjacent base in the series of bases, the second adjacent base disposed downstream from the base (see downstream base 12, Fig 3); a third cable connected to a third cable connector (cable that connects 42 to 17 in middle base 12, see Fig 3 and below) of the three cable connectors and connecting the base to a lighting unit 40.
Van Diep further teaches: intermediary transmission cables (see 41, Fig 3) that are used to connect a hub (12, Fig 3) to an adjacent hub via connectors 42 that are on opposing ends of cables 41 (see Fig 3 and col 5 ln 13-14); these cables and connectors are interpreted as being interchangeable with one another; Van Diep also teaches that “Connectors 16, 17, 18 may be identical to one another” (col 4 lines 46+; connectors 16, 17, and 18 respectively connect to cable 38, the cable (not identified/discussed in reference) that connects to light unit 40 see Fig 3, and to other bases 12, see Fig 3, which teaches/implies a level of interchangeability between at least the connectors and some of the cables.
However, Van Diep does not specifically teach wherein the first cable, the second cable, and the third cable are interchangeable such that the first cable, the second cable, and the third cable are configured to connect to any of the first cable connector, the second cable connector, and the third cable connector and configured to connect to any of the lighting unit, the first adjacent base, and the second adjacent base. D’Ascanio teaches an electrical connection configuration for a plurality of connected electrical devices (see Fig 3) that can connect to multiple lighting units (see paragraph 0023 for path lights 38, 39, and effect laser lights 40). D’Ascanio further teaches the use of wire cable lines that are interchangeable with one another (see 25, Fig 3; paragraph 0006; provides quick connect elements which allows fast and clean interchange of the various components; Fig 3 shows using the same wires 25 for all the connections within the system). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to look to the teachings of D’Ascanio and modify the device of Van Diep such that the first cable, the second cable, and the third cable are interchangeable such that they are configured to connect to any of the first cable connector, the second cable connector, and the third cable connector and configured to connect to any of the lighting unit, the first adjacent base, and the second adjacent base, to provide an improved connection means that allows quick connect/disconnect and improved interchangeability of the cables and connectors. One would have been motivated to make this modification to provide cables and connectors that improves versatility of the system by permitting interchanging of components (paragraph 0003 D’Ascanio) for the device of Van Diep.
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Van Diep US PAT 7494244.
As for claim 9, Van Diep discloses a modular lighting system comprising: a control unit (signal transmitter T, see Fig 3, col 5 ln 10-20); a plurality of bases 12 arranged in series (see Fig 3), wherein each base of the plurality of bases is configured to connect to a ceiling, (see column 2 lines 19-33; “the system is structured to be installed in a panel, wall, or other structure. For example, the panel, wall or other structure may comprise a side, top or bottom wall of a swimming pool, spa, pond, whirlpool, hot tub, shower, steam room, bath tub, jetted bath tub, water fall, fountain or other structure that contains or receives vapor, water or other fluid.”); wherein a first base of the plurality of bases is connected to the control unit (base 12 that is closest to T, Fig 3); a plurality of lighting units (see units 40), each lighting unit connected to one of the plurality of bases (each connected to one of the hubs 12, Fig 3); and a plurality of cables (see 38, 41, and cable that connects to 40, Fig 3) comprising a first cable 38 connecting the control unit and the first base of the plurality of bases, a set of base cables 41, wherein each base cable connects two bases of the plurality of bases, and a set of lighting unit cables (cables that connect to 40, Fig 3), wherein each lighting unit cable connects one of the plurality of lighting units to one of the plurality of bases (see cables that connect bases 12 to light units 40, Fig 3);
With respect to mounting the device such that each lighting unit is disposed below and hanging from one of the plurality of bases, Van Diep shows attachment eyelets on hub 12 (see Figures 1, 2, 3) and further teaches that the device may be installed in a panel, wall, or other structure which may comprise a side, top or bottom wall of a swimming pool, spa, pond, whirlpool, hot tub, shower, steam room, bath tub, jetted bath tub, water fall, fountain or other structure that contains or receives vapor, water or other fluid. Given the teachings and structure of Van Diep, it would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to connect the device to a ceiling (a top wall) of a steam room or other structure, to provide a suitable mounting configuration at a location where a serial display of light of various colors, patterns, etc. would be desirable (see column 2 lines 22-24, Van Diep). Attaching the device in this configuration renders each lighting unit 40 disposed below and hanging from one of the plurality of bases since lighting units 40 are attached to the bases via flexible cables.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. BYRNE US’988 teaches an electrical system that uses identical power cable assemblies in a multiple lighting device system. FOX US’636 also teaches a multiple light source system that has lamps that are interchangeable and what appears to be electrical cords that are all identical and therefore interchangeable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evan P Dzierzynski whose telephone number is (571)272-2336. The examiner can normally be reached Monday-Friday 8:00am-4:30pm PST.
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/EVAN P DZIERZYNSKI/Primary Examiner, Art Unit 2875