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`UNITED STATES DEPARTMENT OF COMM~
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`Unltrd States Patent and Trademark Ofr.ce
`Add>=: COMMISSIONER FOR PATENTS
`P.O. Bm: 1450
`AICXlllldria. Virginia 22313-1450
`\\o'WW.usptD.f!PV
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`APPLICATION NO.
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`FlLINGDATE
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`FlRST NAMED INVENTOR
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`ATIORNEY DOCKET NO.
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`CONFIRMATION NO.
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`!On89,488
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`02/2612004
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`Simon Nicholas Richmond
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`SPRUSON-08795
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`7998
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`09/07!}.005
`
`7590
`Christine A.. Lek:utis
`MEDLEN & CARROLL, LLP
`Suite 350
`101 Howard Street
`San Francisco, CA 94105
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`EXAMINER
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`A,MTNHD
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`ARTUNIT
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`PAPERNUMBER
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`2821
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`DATE MAILED: 09/07n005
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PT0-90C (Rev. 10/03)
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`Richmond, Exh. 2014, p.1
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`
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`Application No.
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`Applicant(s)
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`Office Action Summary
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`10/789,488
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`Examiner
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`RICHMOND, SIMON NICHOLAS
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`Art Unit
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`2821
`Minh D. A
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event. however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`eamed patent term adjustment. See 37 CFR 1. 704(b).
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`Status
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`1 )[8J Responsive to communication(s) filed on 26 February 2004.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)[8J Claim(s) 1-29 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[8J Claim(s) 1-19 is/are allowed.
`6)[8J Claim(s) 20-23 and 26-27 is/are rejected.
`7)[8J Claim(s) 24.25.28 and 29 is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review {PT0-948)
`3) 0 Information Disdosure Statement(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date __ .
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`4) 0 Interview Summary (PT0-413)
`Paper No(s)!Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 7-05)
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`Office Action Summary
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`Part of Paper NoJMail Date 1
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`Richmond, Exh. 2014, p.2
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`
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`Application/Control Number: 10/789,488
`Art Unit: 2821
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC§ 102
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`1.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless -
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`(b) the invention was patented or described in a printed publication in this or a foreign country or
`in public use or on sale in this country, more than one year prior to the date of application for
`patent in the United States.
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`2.
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`Claims 20-23 and 26-27 are rejected under 35 U.S.C. 102(b) as being
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`unpatentable by Shalvi (US .6. 120, 165).
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`Regarding claim 20, Shalvi discloses an outdoor. solar lamp including: a body
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`(13); a lens mounted on the body (13) and generally enclosing a chamber; a circuit(21)
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`haying at least two lamps of different colours to produce a desired colour including a
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`varying colour, the lamps being mounted to direct light into the chamber, connections
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`for at least one rechargeable battery to power the circuit and a solar cell(12) mounted
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`on an exposed surface of the assembly and operatively associated with the connections
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`to charge the battery, and a switch operable to control delivery of electric power from
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`the battery to operate said circuit, the switch being exposed to provide for access
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`thereto by a user. See figures 1 ~3. col.1, lines 40-67 to col.3, lines 1-28.
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`Regarding claim 21, Shalvi discloses the circuit (21) includes a light sensitive
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`switch (31) that renders the circuit operative at low light levels. See figures 1-3.
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`Regarding claim 22, Shalvi discloses the circuit (21) includes a light
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`sub-circuit connected to the lamps to deliver electric power thereto so that the lamps
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`produce said desired colour, with said switch being an on/off switch to deliver electric
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`Richmond, Exh. 2014, p.3
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`
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`Application/Control Number: 10/789,488
`Art Unit: 2821
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`Page 3
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`power from the batteries to said sub-circuit. See figures 1-3.
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`Regarding claim 23, Shalvi discloses the circuit includes a light
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`sub-circuit having an integrated circuit operable to select a desired fixed colour, with
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`said switch being connected to said integrated circuit and operable to select said
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`desired fixed colour: See figures 1-3.
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`Regarding claim 26, Shalvi discloses the circuit includes a light
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`sub-circuit cormected to the lamps to deliver electric power thereto so that the lamps
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`produce said desired colour with said switch being an on/off switch to deliver electric
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`power from the batteries to said sub-circuit. See figures 1-3.
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`Regarding claim 27, Shalvi discloses the circuit includes a light
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`sub-circuit having an integrated circuit operable to select a desired fixed colour with the
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`switch being connected to said integrated circuit and operable to select said desired
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`fixed colour. See figures 1-3.
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`Allowable Subject Matter
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`Claims 1-19 are allowed.
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`Claims 24-25 and 28-29 are objected to as being dependent upon a rejected
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`3.
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`4.
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`base claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`The following is a statement of reasons for the indication of allowable subject
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`matter:
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`Richmond, Exh. 2014, p.4
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`
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`Application/Control Number: 10/789,488
`Art Unit: 2821
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`Page4
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`The prior art does not teach that, a body; a lens mounted on the body and
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`generally enclosing a chamber having an upper rim surrounding a top opening, and a
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`bottom region; a reflector mounted in the bottom region; a cap assembly including
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`securing means to releasably engage the rim so that the cap assembly can be
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`selectively removed from the lens in combination with all limitations recited in
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`independent claim 1.
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`Claims 2-19 allowed, since they are depending in claim 1.
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`Prior art does not teach that, the circuit includes a sub-circuit, said switch is a first
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`switch, said first switch being an on/off switch to deliver electric power from the battery
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`to said sub-circuit, and said sub-circuit includes an integrated circuit and a second
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`switch connected to said integrated circuit, the second switch being operable to select a
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`desired fixed colour and exposed to provide for access thereto by a user.
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`Claim 25 allowed, since it is depending on claim 24.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Szekely et al (US 4,999,060) and Doud (US 6,769,907) are cited
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`to show a solar lamp apparatus.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Examiner Minh A whose telephone number is (571) 272-
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`1817. The examiner can normally be reached on M-F (5:30 -2:30PM).
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`If attempts to reach the examiner by telephone is unsuccessful, the examiner's
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`supervisor, Don Wong, can be reached on (571) 272-1834. The fax phone numbers for
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`Richmond, Exh. 2014, p.5
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`
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`Application/Control Number: 10/789,488
`Art Unit: 2821
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`Page 5
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`the organization where this application or proceeding is assigned are 703-872-9306 for
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`regular communications and (703) 872-9319 for final communications.
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`· Any inquiry of a general n~ture or relating to the status of this application should
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`be directed to the Technology Center receptionist whose telephone number is (571)
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`272-1553.
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`~·
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`WILSON LEE
`PRIMARY EXAMINER
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`-Examiner
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`Minh A
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`Art unit 2821
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`9/2/05
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`Richmond, Exh. 2014, p.6
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