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 .
DETAILED ACTION
Claim Rejections - 35 USC § 102
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 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.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claims 1, 4 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Snell (U.S. PG Publication No. 2023/0408066).
Regarding Claim 1, Snell discloses in Figure 39D, a skylight luminaire 602 comprising: a circumferential plate 1508A,B,C, a recessed skylight unit arranged in the circumferential plate 1508, the recessed skylight unit 1506 forming a recess in a lower surface of the skylight luminaire and a protrusion (fixture housing 1305 Para 02741) on an upper surface of the skylight luminaire, and at least two fastening elements (cables 1300 Para 0274) arranged on the upper surface of the circumferential plate 1508, each fastening element 1300 being configured to enable suspension of the skylight luminaire from a ceiling, wherein the protrusion 1305 forms a rectangular base on the upper surface of the circumferential plate 1508, the rectangular base 1305 extending between a first pair of parallel sides separated in a first direction and extending between a second pair of parallel sides separated in a second direction substantially perpendicular to the first direction (the parallel sides can be any portions of the ceilings 593 shown in Figure 25A-27B) wherein said at least two fastening elements 1300 are arranged outside the rectangular base 1305, and wherein the circumferential plate 1508 is provided with one or more light modules configured to spread light more evenly over the lower surface of the circumferential plate 1508 (light sources contained in the housing 1305 and bounded along peripheral edges of the waveguide 1500 of the plate 1508 Para 0274), wherein the at least two fastening elements 1300 comprise two pairs of fastening means, the two pairs of fastening elements being arranged outside the rectangular base 1305, and wherein the at least two fastening elements 1300 are arranged at opposite sides of the rectangular base 1305 in the first direction, and each fastening element is arranged within a width of the protrusion in the second direction (as shown in Figure 39D).
Regarding Claim 4, Snell discloses in Figure 39D, the skylight luminaire according to claim 1, wherein the rectangular base is 1305 substantially square shaped.
Regarding Claim 12, Snell discloses in Figures 25A-27B, and 39D, a ceiling lighting system comprising: a grid formed by a plurality of spaced apart longitudinal bars and a plurality of spaced apart transverse bars, extending perpendicular to the longitudinal bars ceiling tiles 593), the grid extending in a plane that is substantially parallel to a ceiling, and skylight luminaire 602 according to cllaim1. wherein at least the protrusion 1305 is configured to be arranged between two adjacent longitudinal bars and two adjacent transverse bars with the upper surface facing the ceiling.
Regarding Claim 13, Snell discloses the ceiling system according to claim 12, wherein the grid comprises a plurality of square openings, and wherein the skylight luminaire 602 is configured to be arranged with the circumferential plate 1508 arranged on a lower side of the grid and the protrusion 1508 extending through a square opening of the grid.
Regarding Claim 14, Snell discloses the ceiling system according to claim 12, wherein the grid comprises a plurality of square openings , and wherein the circumferential plate (10) of the skylight luminaire is configured to be fitted inside a square opening so as to extend substantially parallel to the grid (Para 0268).
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.
The applicant is respectfully advised that in examining a pending application, the claims are interpreted as broadly as their terms reasonably convey. In re American Academy of Science Tech Center, 70 USPQ2d. 1827, 1834 (Fed. Cir. May 13, 2004). MPEP § 2111.01.
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Snell (U.S. PG Publication No. 2023/0408066).
Snell does not explicitly disclose the skylight luminaire according to Claim 1 wherein the width is <= 625 mm or wherein a distance in the first direction between fastening elements, on opposing sides of the base 1305 is <= 700 mm or wherein a distance in the first direction between fastening elements 1300, on opposing sides of the base 1305 is at least 615 mm.
It would have been obvious to one of ordinary skill in the art at the time of filing to have the claimed dimensions pertaining to the width and distances claimed depending on the particular size requirements of the luminaire, 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).
Regarding Claims 8-10, Snell discloses the skylight luminaire according to claim1, further comprising a luminaire driver 916 on an upper portion of the luminaire in Figure 38, but does not explicitly disclose this driver as being arranged on the upper surface of the circumferential plate, the luminaire driver being configured to drive at least a light element of the recessed skylight unit or wherein the luminaire driver 916 is arranged within the width of the rectangular base 1508 wherein the fastening element wherein the luminaire driver 916 is arranged such that at least one fastening element lies between the rectangular base 1305 and the luminaire driver 916 along the first direction
It would have been obvious to one of ordinary skill in the art at the time of filing to have it located above the plate 1508 within the width of the base 1305 and having the fastener s1300 lie between the base 1305 and driver, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Snell (U.S. PG Publication No. 2023/0408066) in view of Giefer (U.S. Patent No. 6,761,342).
Snell does not disclose each fastening element 1300 is a wire gripper, configured to grip a wire (15a, 15b) suspended from the ceiling.
Giefer discloses a suspending ceiling fixture with a gripper 132 for gripping a wire or cable to suspend a fixture to a ceiling in Figure 1A (Col 3, lines 35-55).
It would have been obvious to one of ordinary skill in the art to incorporate a wire gripper with the cables 1300. All the claimed elements in Snell and Giefer were known in the prior art and one skilled in the art could have combined the gripper with the cable assembly in Snell as claimed with no change in their respective functions, and the combination would have yielded the predictable result providing an adjustable suspension mechanism for the luminaire to one of ordinary skill in the art at the time of filing. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J MAY whose telephone number is (571)272-5919. The examiner can normally be reached M-F 10AM-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 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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/ROBERT J MAY/Primary Examiner, Art Unit 2875
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