DETAILED ACTION
Notice of 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 .
Benefit
Acknowledgment is made of applicant’s claim for domestic benefit under 35 U.S.C. 119 (e) with 63/742,655. Accordingly, the earliest effective filing was recognized is 01/07/2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show illuminable assemblies 140 may be disposed such that the longitudinal axis a first illuminable assembly 140a may be disposed perpendicular to the longitudinal axis of a second illuminable assembly 140b. Furthermore, the longitudinal axis of each illuminable assembly 140 may extend radially for a connection point as described in ¶ 0056 of the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 5, 11 and 14-18 are objected to because of the following informalities:
Re Claim 5:
On line 2, “second portions” should be changed to – second portion[[s]] – in order to put the claim in proper form.
Re Claim 11:
On line 1, “the first portion and the second portion defines” should be changed to – the first portion and the second portion define[[s]] – in order to put the claim in proper form.
Re Claims 14-18:
On line 1 of the claims, “comprising” should be changed to – further comprising: – in order to put the claims in proper form.
Re Claim 19:
On line 1, “the method comprising,” should be changed to – the method comprising[[,]]: – , and on line 8, “orientation;” should be changed to – orientation; and – in order to put the claim in proper form.
Re Claim 20:
On line 1, “further comprising” should be changed to – further comprising: – in order to put the claim in proper form.
Appropriate correction is required.
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, 5, 7, and 11-13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yang (WO 2009148237 A2; a copy of the reference is provided in PDF for ease of referral).
Re Claim 1:
Yang discloses a lighting fixture (LED lighting lamp 1; shown in Figs 1-4 and 6; described below), comprising:
a frame (lighting lamp casing 2; at least Figs 1-2); and
a first illuminable assembly (LEDs 3, PCB 4, lighting lamp cover 5, fixing caps 52 and 53, outer electrodes 54 and 55) rotatably supportable by the frame (described in at least PDF Pages 16-17), the first illuminable assembly having a first end (end proximate to 52, 54), a second end (end proximate to fixing cap 53, 55), and first axis extending from the first end to the second end (due to the configuration shown in Fig 1), the first illuminable assembly comprising
a first portion (semicircle transparent cover 5a) extending from the first end of the first illuminable assembly to the second end of the first illuminable assembly (Fig 1),
a second portion (semicircle non-transparent cover 5c and plurality of heat radiation plates 57) extending from the first end of the first illuminable assembly to the second end of the of the first illuminable assembly (Fig 1), the first portion being different from the second portion (¶ 39 and ¶ 44; Fig 6), and
a light source (3-4) disposable between the first portion and the second portion (Fig 1);
the first illuminable assembly being rotatable about the first axis between (¶¶ 41-44):
a first orientation of the first portion and the second portion (due to the in ¶¶ 41-44, specifically including adjust the light distribution in ¶ 43 as well as the configuration shown in Fig 3-4 and 6; the Examiner notes that adjustment inherently includes at least two orientations, specifically including a first and second orientation), and
a second orientation of the first portion and the second portion (due to the description of in ¶¶ 41-44, specifically including adjust the light distribution in ¶ 43 as well as the configuration shown in Fig 6), wherein the second orientation is different from the first orientation of the first portion and the second portion (¶¶ 41-44; Figs 1, 3-4, and 6).
Re Claim 5:
Yang further discloses wherein the first illuminable assembly (3-5, 52-55) comprises a first end cap (52) and a second end cap (53), and ends of the first portion (5a) and the second portions (5c) are receivable end the first and second end caps (Figs 1-2).
Re Claim 7:
Yang further discloses wherein the first axis is horizontally disposed (Figs 1-2).
Re Claim 11:
Yang further discloses wherein the first portion (5a) and the second portion (5c) defines a cylinder disposed between the first end and the second end of the first illuminable assembly (Fig 1).
Re Claim 12:
Yang further disclose wherein the second portion (5c) comprises an arcuate cross- section (Fig 6).
Re Claim 13:
Yang further discloses wherein the first illuminable assembly receives a light emitting diode (LED) (3, Fig 1).
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 2-4, 6, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Re Claim 2:
Yang further discloses wherein the first portion (5a) is translucent (described in at least ¶ 39 as transparent which is necessarily translucent).
With further regard to the second portion (5c), it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention (“PHOSITA”) to recognize Yang as at least suggesting the second portion (5c) is opaque because the description of non-transparent cover 5c with a plurality of heat radiation plates 57. It is more likely than not that at least 57 is opaque because heat radiation plates are known in the art to be opaque.
Re Claim 3:
Yang further discloses wherein the first portion (5a) is translucent (described in at least ¶ 39 as transparent which is necessarily translucent).
With further regard to the second portion (5c), it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention (“PHOSITA”) to recognize Yang as at least suggesting the second portion (5c) comprising of an equivalent material to the claimed black stone for the purpose of not emitting light (¶ 44).
Re Claim 4:
Yang further discloses the first illuminable assembly (3-5, 52-55) is rotatable to a predetermined rotation angle around the first axis of the first illuminable assembly (described in ¶ 41 as lighting lamp cover 5 can rotate in a direction that the rotation force is applied upon a forced rotation by a user).
Due to the description (id.), it would have been obvious to a PHOSITA to recognize Yang as at least suggesting the first illuminable assembly (3-5, 52-55) is capable of being limited such that the first illuminable assembly is limited to rotation of 180 degrees with respect to the first axis of the first illuminable assembly (if the user has predetermined the correct force).
With further rated to rotation, it would have been obvious to a PHOSITA to recognize Yang as at least suggesting an equivalent rotation to the claimed functionality of wherein the first illuminable assembly is limited to rotation of 180 degrees with respect to the first axis of the first illuminable assembly for the purpose of limiting free spin rotation (due to the description in ¶ 41 of when the rotation is stopped, the electrode terminals 25 engage in sockets 2a and 2b stop the electrode rods 54 and 55 from rotating).
Furthermore, the limitation of 180 degrees is an obvious variant due to Applicant’s disclosure in ¶ 0053 of other embodiments, the rotation may be limited to more or less than 360 degrees.
Re Claim 6:
Due to the configuration shown in Figs 1 and 3-4 as well as the description in ¶¶ 041-044, it would have been obvious to a PHOSITA to recognize Yang as at least suggesting wherein the first illuminable assembly (3-5, 52-55) is rotatable clockwise or counterclockwise with respect to the first axis of the first illuminable assembly (id.).
Re Claim 8:
Due to the configuration shown in Figs 1 and 3-4 as well as the description in ¶¶ 041-044, it would have been obvious to a PHOSITA to recognize Yang as at least suggesting that the first illuminable assembly may be in any orientation around the first axis. It then follows that a PHOSITA would recognize any orientation to include the claimed orientation of wherein the first orientation of the first illuminable assembly comprises the first portion disposed in a downward orientation, and the second position disposed in an upward orientation.
Re Claim 9:
Due to the configuration shown in Figs 1 and 3-4 as well as the description in ¶¶ 041-044, it would have been obvious to a PHOSITA to recognize Yang as at least suggesting that the first illuminable assembly may be in any orientation around the first axis. It then follows that a PHOSITA would recognize any orientation to include the claimed orientation of wherein the second orientation of the first illuminable assembly comprises the first portion disposed in an upward orientation, and the second position disposed in a downward orientation.
Re Claim 10:
Yang further discloses wherein the first illuminable assembly comprises (3-5, 52-55) an outer surface (5), wherein the first portion (5a) comprises a semi-circular shape of the outer surface of the first illuminable assembly (described as semicircular in ¶ 39), and the second portion (5c) comprises a semi-circular shape of the outer surface of the first illuminable assembly (described as semicircular, id.).
With further regard to the first portion and the second portion, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Therefore, it would have been obvious to a PHOSITA to recognize Yang as suggesting an equivalent shape (semi-circular) for the first portion and the second portion to the claimed shape (one-half) for the first portion and the second portion for the purpose of adjusting light distribution by rotation (¶¶ 41-44; Figs 1, 3-4, and 6).
Allowable Subject Matter
Claims 14-18 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.
Below is a statement of reasons for the indication of allowable subject matter.
Re Claim 14:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the second illuminable assembly as set forth in the claim.
Re Claim 15:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the second illuminable assembly as set forth in the claim.
Re Claim 16:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the second illuminable assembly, and the third illuminable assembly as set forth in the claim.
Re Claim 17:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the second illuminable assembly, the third illuminable assembly, and the fourth illuminable assembly as set forth in the claim.
Re Claim 18:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the second illuminable assembly, the third illuminable assembly, the fourth illuminable assembly, the fifth illuminable assembly, and the sixth illuminable assembly as set forth in the claim.
Claims 19-20 are allowed.
Below is an examiner’s statement of reasons for allowance.
Re Claim 19:
The closest prior art of record (Yang) fails to disclose, teach, suggest, or render obvious the method, structure, and functionality of the light being emitted from the first portion is different from the light being emitted from the second portion as set forth in the claim.
Due to at least the configurations in Figs 1-6 and the description in ¶¶ 41-44, it would have been obvious to a PHOSITA to recognize Yang as at least suggesting a method for providing illumination (provided by LED lighting lamp 1, and illumination being a functionality of lamps), the method (describe by at least the below) comprising,
emitting light from a light source (emitting light from LEDs 3 and PCB 4 because light emission is a functionality of LEDs) of an illuminable assembly (of 3-4, light lamp cover 5, fixing caps 52-53, and outer electrode rods 54-55) in a first direction (due to the functionality of fixed at an angle that the user rotates by force and adjust the light direction in ¶¶ 41-44, because a first direction is required for light direction to be adjusted from, specifically including by rotation), the illuminable assembly (3-5, 52-55) defining an axis (including the axis from 54-55) and disposed in a first orientation (any orientation to be adjusted from by rotation) and having a first portion (5a) and a second portion (5b or 5c; the Examiner notes that the claim limitation do not require mapping to a specific embodiment, i.e. the embodiment of 5b or 5c);
rotating the illuminable assembly about the axis of the illuminable assembly from the first orientation to a second orientation (due to the description in ¶¶ 41-44 regarding adjustment and rotation, because a first orientation is required for rotation and adjustment from and at least a second direction is required for rotation and adjustment to), the second orientation being different from the first orientation (id.);
emitting light from the light source of the illuminable assembly in the second orientation (id.).
Yang does not disclose the light being emitted from the first portion is different from the light being emitted from the second portion. Further, Yang discloses that no light is emitted from the second portion (5b or 5c) due to the description on ¶ 44 of the light from the LEDs 3 installed in the PCB 4 does not transmit the semicircular non-transparent covers 5b and 5c but transmit the semicircular transparent cover 5a, so it is possible to more intensively light the products. Therefore, the claim is novel. Applicant enables this functionality in ¶ 0050 with the description of (while) the second portion 160 is shown opaque or non- translucent in FIG. 16, the entire second portion need not be opaque or non-translucent.
Further, it would not have been obvious to a PHOSITA to modify the illumination assembly of Yang to meet the claimed limitation because such a modification would require substantial modification to the structure. A modification would not only require modification to the second portion of Yang, but also modification to the PCB and LEDs because they are facing away from the second portion. Even if there were an expectation of success, outside of impermissible hindsight, a PHOSITA would not have recognized a benefit significant enough to substantially modify light assembly to meet the claim limitation.
Re Claim 20:
The claim is allowed due to its dependence on base claim 19.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record, below, but not relied upon, above, is considered pertinent to applicant's disclosure.
Chiang et al. (US 20130250565 A1) discloses a rotatable illuminable assembly.
Joye (US 20170307178 A1) discloses a rotatable shutter for illuminable assemblies.
Lu et al. (US 20210222840 A1) and Lu et al. (US 20250122994 A1) disclose a second illuminable assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH G DELAHOUSSAYE whose telephone number is (469)295-9088. The examiner can normally be reached Monday-Friday: 9:00 am-5:00 pm CST.
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, James Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEITH G. DELAHOUSSAYE JR.
Primary Examiner
Art Unit 2875
/KEITH G. DELAHOUSSAYE/Primary Examiner, Art Unit 2875
Prosecution Insights