UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/978,358
`
`12/23/2010
`
`Simon N. Richmond
`
`AIL1682-1-006C2
`
`1080
`
`07/13/2012
`
`3624
`7590
`VOLPE AND KOENIG, P.C.
`UNI1ED PLAZA
`30 SOUTH 17TH STREET
`PHILADELPHIA, PA 19103
`
`EXAMINER
`
`A,MINHD
`
`ART UNIT
`
`PAPER NUMBER
`
`2821
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/13/2012
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`eoffice@volpe-koenig.com
`
`PTOL-90A (Rev. 04/07)
`
`Richmond, Exh. 2017, p.1
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`12/978,358
`
`Examiner
`
`RICHMOND, SIMON N.
`
`Art Unit
`
`2821
`MINH D. A
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;2 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 t. t 36(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. § t33).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR t .704(b).
`
`Status
`1 )IZ! Responsive to communication(s) filed on 4/20/12.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ;the restriction requirement and election have been incorporated into this action.
`4)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.
`
`Disposition of Claims
`
`5)[8J Claim(s) 1-49 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)[8J Claim(s) 35-44. 47-49 is/are allowed.
`7)[8J Claim(s) 1-3.18-20. 23. 26. 28-34 and 45-46 is/are rejected.
`8)[8J Claim(s) 4-17.21-22.24-25 and 27is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`1 0)0 The specification is objected to by the Examiner.
`11 )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).
`12)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`13)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) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 1117112. 1118112. 1123112.
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 03·11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20120628
`
`Richmond, Exh. 2017, p.2
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 2
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`DETAILED ACTION
`
`Response to Arguments
`
`1.
`
`Applicant's arguments, see Remarks/Arguments, filed on 4/20/12 with respect to
`
`claims 1-49 have been fully considered and are persuasive. The restriction of record
`
`has been withdrawn. Therefore, in view of the filing, claims 1-49 are currently presented
`
`in the instant application.
`
`Double Patenting
`
`2.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory
`
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`
`are not identical, but at least one examined application claim is not patentably distinct
`
`from the reference claim(s) because the examined application claim is either anticipated
`
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`
`1985); In re VanOrnum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`
`USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`Richmond, Exh. 2017, p.3
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 3
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`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`3.
`
`Claims 1-3 are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claims 32-34 of U.S. Patent No. 7,429,827.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because applicant merely uses slightly different language to claim the same
`
`invention.
`
`Regarding claim 1, claim 32 of Patent disclose a lighting device, said device
`
`including: a lens; a circuit comprising: at least two light sources(lamps) of different
`
`colors mounted to direct light through at least part of said lens; an activation sub-circuit
`
`to provide power to said light sources only at low light levels; a light sub-circuit to
`
`independently control delivery of power to each of said at least two light sources(lamps)
`
`so as to ramp up and ramp down intensity (vary intensity) of light emitted over time by
`
`said at least two light sources(lamps) to produce a color changing cycle of more than
`
`two colors; connections for at least one rechargeable battery to power said circuit; and
`
`at least one solar cell mounted so as to be exposed to light and operatively associated
`
`with said connections to charge said battery.
`
`Richmond, Exh. 2017, p.4
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 4
`
`Regarding claim 2, claim 32 of Patent disclose further comprising a spike for
`
`positioning said connections above a ground surface.
`
`Regarding claim 3, claim 34 of Patent disclose wherein said light sub-circuit
`
`further independently controls delivery of power to each of said light sources(lamps) so
`
`as to vary frequency of changes to said intensity.
`
`Regarding claim 20, claim 31 of patent disclose wherein said at least two light
`
`sources are at least three light sources and said more than two colors are more than
`
`three colors. See at least two lamps of different colors.
`
`4.
`
`Claims 18-19, 23, 26, 28-34 are rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 32-34 of U.S.
`
`Patent No. U.S. Patent No. 7,429,827. Although the conflicting claims are not identical,
`
`they are not patentably distinct from each other because claims 32-34 of Patent
`
`obviously disclose all limitations in claims 18-19, 22-23, 26-34.
`
`Regarding claim 18, claim 32 of patent obviously disclose wherein any one of
`
`said at least two light sources is a single diode that emits light when energized, and
`
`wherein said at least two light sources comprise at least a diode that emits red light and
`
`a diode that emits blue light, because claim 32 of patent provides at least lamps of a
`
`different colors.
`
`Therefore, it would have been obvious to one of ordinary skill in the art to employ
`
`the at least two light sources comprise at least a diode that emits red light and a diode
`
`that emits blue light instead of the at least of a different colors, since it is known and well
`
`Richmond, Exh. 2017, p.5
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 5
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`suited for the designed use. The selection of the at least two light sources comprise at
`
`least a diode that emits red light and a diode that emits blue light instead of the at least
`
`of a different colors based on its suitability for its designed use support a prima facie
`
`obviousness determination.
`
`Regarding claim 19, claim 32 of patent obviously disclose further comprising: a
`
`chamber generally formed by said lens; an at least partially hollow base, wherein said
`
`base is removably secured to said lens and said circuit is at least partially contained in
`
`said base; and wherein said at least two light sources are mounted to direct light into
`
`said chamber such that said light produced by said at least two light sources is at least
`
`partially diffused by said lens. Because the lens and the color lamps and the circuit of
`
`patent are required to have chamber, at least partially contained in the base for
`
`mounting or inserting the lens, the lamps and circuit to produce the light colors.
`
`Regarding claims 23 and 26, claim 33 of patent disclose switch to control the
`
`circuit and control delivery of power to the lamps. Claim 33 of patent do not disclose
`
`wherein said at least one switch is accessible via an exposed external surface and
`
`further comprising a post for positioning said lens above a ground surface
`
`However, it would have been obvious to one of ordinary skill in the art to employ
`
`at least one switch is accessible via an exposed external surface and further comprising
`
`a post for positioning said lens above a ground surface, since it is known and well suited
`
`for the designed use. The selection of at least one switch is accessible via an exposed
`
`external surface based on its suitability for its designed use support a prima facie
`
`obviousness determination.
`
`Richmond, Exh. 2017, p.6
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 6
`
`Regarding claim 28, claim 32 of patent do not exactly disclose wherein any one
`
`of said at least two light sources is a single diode that emits light when energized, and
`
`wherein said at least two light sources comprise at least a diode that emits a first
`
`colored light, a diode that emits a second colored light and a diode that emits a third
`
`colored light and wherein said at least two light sources are connected in series to an
`
`integrated circuit such that said sub-circuit produces at least a fourth colored light.
`
`However, claim 32 of patent provides the color lamps, an activation sub-circuit
`
`and a light sub-circuit to independently control delivery of power to each lamps and
`
`color change cycle. Therefore, it would have been obvious to one of ordinary skill in the
`
`art to employ wherein any one of said at least two light sources is a single diode that
`
`emits light when energized, and wherein said at least two light sources comprise at
`
`least a diode that emits a first colored light, a diode that emits a second colored light
`
`and a diode that emits a third colored light and wherein said at least two light sources
`
`are connected in series to an integrated circuit such that said sub-circuit produces at
`
`least a fourth colored light" are well suited for the designed use.
`
`Regarding claims 29-30, claim 32 of patent obviously disclose further comprising
`
`an assembly, wherein said assembly includes: a base; a cover fixed to said base; at
`
`least one battery compartment disposed within said base, wherein said battery is
`
`disposed within said battery compartment during use; said connections proximate to
`
`said battery; said at least one solar cell mounted on a surface of said base; and wherein
`
`said assembly is connected to said lens and positioned a predetermined distance above
`
`said lens in a generally vertical longitudinal axis and wherein said cover shields at least
`
`Richmond, Exh. 2017, p.7
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`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 7
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`part of said lens from above and further comprising a post for elevating said lens above
`
`a ground surface. Because claim 32 of patent provides the lens, color lamps and the
`
`connection for at least rechargeable battery to power the circuit and at least solar cell
`
`mounted so as to be exposed to light and operatively with the connection to charge the
`
`battery.
`
`Regarding claims 31-33, claim 32 of patent disclose further comprising a spike
`
`for positioning said connections above a ground surface and obviously disclose further
`
`comprising a post for positioning said lens above a ground surface. Because the spike
`
`should include a post for positioning the lens above a ground surface.
`
`Regarding claim 34, claim 33 of patent disclose further comprising at least one
`
`user-operated switch operable to control said circuit, with said at least one switch being
`
`accessible by said user thereby enabling said user to manipulate said at least one
`
`switch to control delivery of power to said at least two light sources.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 1 03(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 1 02 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`6.
`
`Claims 45-46 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over by
`
`Dowling et al (US Patent No: 7, 186,003).
`
`Richmond, Exh. 2017, p.8
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 8
`
`'·'=
`
`:;~.{-} '··-·
`
`l
`
`--~~-:-
`
`INTERFACE
`
`1
`
`PROCf.SSOR
`
`I
`
`6
`
`~~]
`
`Fig. 1
`
`Richmond, Exh. 2017, p.9
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 9
`
`................................
`
`·-...·.-,.:·~·~
`
`-·-···································-···
`
`_,
`
`Regarding claim 45, Dowling et al disclose, in figures 1, 3 and 5 above that, a
`
`lighting device, the device including: lens (40) (as shown in figure 3 above,col.8, lines
`
`37-41); a circuit comprising: at least two light sources (4) of different colors mounted to
`
`direct light through at least part of said lens(40)(col.8, lines 37-45), an activation sub-
`
`circuit(processor (2)) to provide power to the at least two light sources(4) only at low
`
`light levels, a light sub-circuit(controller(30) to control delivery of power to each of the at
`
`least two light sources(4) so as to vary light emitted by the lens(40), wherein the light
`
`sub-circuit(controller(3) has at least one integrated circuit for independently controlling
`
`the light sources(4), and a volatile memory(6) retained for a period of time and
`
`associated with the at least one integrated circuit, the memory (6) causing operation of
`
`the circuit to produce the lighting effects; and connections for at least one rechargeable
`
`battery(30) to power the circuit. Col.4, lines 61-68 to col.6, lines 1-50.
`
`Richmond, Exh. 2017, p.10
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 10
`
`Dowling et al do not clearly disclose that, a selection switch, the selection switch
`
`being connected to the at least one integrated circuit and operable to select a desired
`
`lighting effect. However, Dowling et al disclose that, the controller(3) can be used as
`
`modulator, resistor ladder, current source, switch , transistor or other controller (col.5,
`
`lines 35-40) and the mode (8) may be provided the color wash and parameter for
`
`corresponding the light effect (col.6, lines 31-43).
`
`Therefore, to providing the selection switch to select the desired lighting effect is
`
`not of patentable merits, because the lighting circuit of Dowling et al can be performed it
`
`(see figure 1, the processor (2), the controller (3) and the plurality of LEOs (4) as
`
`disclose above) and a claim containing a recitation with respect to the manner in which
`
`a claimed apparatus is intended to be employed does not differentiate the claimed
`
`apparatus from a prior art apparatus if the prior art apparatus teaches all the structural
`
`limitations of the claim. See MPEP § 2114.
`
`Regarding claim 46, Dowling et al disclose, in figures 1, 3 and 5 above that,
`
`wherein the lighting effect is selected from a group of lighting effects consisting of: a
`
`specific color changing effect, a color brightness effect, a color changing frequency
`
`effect, a color changing sequence effect, and a color light intensity effect. See
`
`parameter, memory (6) and user interface (1 ), col.6, lines 35-50.
`
`Allowable Subject Matter
`
`7.
`
`Claims 4-7, 8-17, 21-22, 24-25 and 27 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.
`
`Richmond, Exh. 2017, p.11
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 11
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`8.
`
`9.
`
`Claims 35-44, 47-49 are allowed.
`
`The following is a statement of reasons for the indication of allowable subject
`
`matter:
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination,
`
`wherein said lens is a first lens generally forming a chamber and further comprising a
`
`second lens generally forming a cavity and wherein said at least two light sources are
`
`mounted to direct light into said chamber via said cavity such that said light produced by
`
`said at least two light sources is at least partially diffused by said second lens and then
`
`said first lens as recited in claim 4 (claims 5-7 would be allowable since they are
`
`dependent on claim 4).
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination,
`
`further comprising at least one user-operated switch operable to control said circuit, with
`
`said at least one switch being accessible by said user thereby enabling said user to
`
`manipulate said at least one switch to control delivery of power to said at least two light
`
`sources as recited in claim 8(claims 9-17, 21-22 and 27 would be allowable since they
`
`are dependent on claim 8).
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination,
`
`further comprising: a body wherein said lens is mounted on said body and wherein said
`
`lens generally encloses a chamber having an upper rim surrounding a top opening, and
`
`a bottom region; a cap assembly including securing means to releasably engage said
`
`rim so that t-he said cap assembly can be selectively removed from t-he said lens; said
`
`cap assembly including said connections and said at least one solar cell; and at least
`
`Richmond, Exh. 2017, p.12
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 12
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`one user-operated switch operable to control said circuit, with said at least one switch
`
`being accessible by said user thereby enabling said user to manipulate said at least one
`
`switch to control delivery of power to said at least two light sources as recited in claim
`
`24 (claim 25 would be allowable since they are dependent on claim 24).
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination, a
`
`lighting device, said device comprising: a lens; a circuit comprising: at least two light
`
`sources of different colors mounted to direct light through at least part of said lens, an
`
`activation sub-circuit to provide power to said light sources only at low light levels, a
`
`light sub-circuit to control delivery of power to each of said at least two light sources so
`
`as to vary the color of light emitted by said lens, wherein said light sub-circuit has at
`
`least one integrated circuit for independently controlling said light sources, a selection
`
`switch connected to said at least one integrated circuit and operable to select a desired
`
`fixed color of light emitted via said lens and particularly including "a volatile memory
`
`retained for a period of time and associated with said at least one integrated circuit, said
`
`memory causing operation of said circuit to produce said desired fixed color of light,
`
`connections for at least one rechargeable battery to power said circuit; and at least one
`
`solar cell mounted so as to be exposed to light and operatively associated with said
`
`connections to charge said battery", in combination with the remaining claimed
`
`limitations as recited in claim 35 (claims 36-44 are allowed, since they are dependent on
`
`claim 35).
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination, a
`
`lighting device, said device comprising: a lens; a circuit including: at least two electrical
`
`Richmond, Exh. 2017, p.13
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 13
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`light sources of different colors mounted to direct light through at least part of said lens;
`
`an activation sub-circuit to provide power to said electrical light sources only at low
`
`ambient light levels; a light sub-circuit to independently control delivery of power to each
`
`of said at least two electrical light sources so as to vary the perceived intensity of light
`
`emitted over time by said at least two electrical light sources to produce a color
`
`changing cycle of more than two colors; connections for at least one rechargeable
`
`battery to power said circuit and particularly including "and at least one solar cell
`
`mounted so as to be exposed to sunlight and electrically connected to said connections
`
`to charge said at least one rechargeable battery. at least one user-operated switch
`
`operable to control said circuit, with said at least one switch being accessible by said
`
`user thereby enabling said user to manipulate said at least one switch to control delivery
`
`of power to said at least two electrical light sources", in combination with the remaining
`
`claimed limitations as recited in claim 47.
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination, a
`
`lighting device, said device comprising: a lens; a circuit including: at least two electrical
`
`light sources of different colors mounted to direct light through at least part of said lens
`
`wherein said at least two electrical light sources include an at least first electrical light
`
`source that emits a first color and an at least second electrical light source that emits a
`
`second color; an activation sub-circuit to provide power to said at least two electrical
`
`light sources only at low ambient light levels; a light sub-circuit to independently control
`
`delivery of power to each of said at least two electrical light sources so as to ramp up
`
`and ramp down the perceived intensity of light emitted over time by said at least two
`
`Richmond, Exh. 2017, p.14
`
`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 14
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`electrical light sources to produce a color changing cycle that includes a portion of a
`
`color spectrum having at least said first color, said second color, and a third color
`
`produced by said at least first electrical light source and said at least second electrical
`
`light source and particularly including "connections for at least one rechargeable battery
`
`to power said circuit; and at least one solar cell mounted so as to be exposed to sunlight
`
`and electrically connected to said connections to charge said at least one rechargeable
`
`battery", in combination with the remaining claimed limitations as recited in claim 48.
`
`Prior art of record fails to disclose or fairly suggest, alone or in combination, a
`
`lighting device to produce light of varying color, said device comprising: a lens; a circuit
`
`including: at least two lamps of different colors mounted to direct light through at least
`
`part of said lens wherein said at least two lamps include at least a first lamp that emits a
`
`first color and at least a second lamp that emits a second color; an activation sub-circuit
`
`to provide power to said at least two lamps only at low ambient light levels; a light sub-
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`circuit to independently control delivery of power to each of said at least two lamps so
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`as to vary the perceived intensity of light emitted over time by said at least two lamps to
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`produce a continuous color changing cycle that includes a portion of a color spectrum
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`having at least said first color, said second color and particularly including "at least a
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`third color produced by said first lamp and said second lamp; connections for at least
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`one rechargeable battery to power said circuit; and at least one solar cell mounted so as
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`to be exposed to light and electrically connected to said connections to charge said at
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`least one rechargeable battery", in combination with the remaining claimed limitations
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`as recited in claim 49.
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`Richmond, Exh. 2017, p.15
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`

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`Application/Control Number: 12/978,358
`Art Unit: 2821
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`Page 15
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`Citation of relevant prior art
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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.
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`Prior art Mueller et al (U.S. Patent No. 7,161 ,311) discloses a multicolored
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`LED lighting method and apparatus.
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`Prior art Liao et al (U.S. Patent No. 6,517,217) discloses an ornamental
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`solar lamp assembly.
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`Prior art Zhang et al (U.S. Patent No. 6,528,782) discloses a lamp within
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`skylight.
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`Inquiry
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Minh Dieu A whose telephone number is (571) 272
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`1817. The examiner can normally be reached on M-F (8:00AM to 5:00PM).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Douglas W Owens can be reached on (571) 272-1662. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for published
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`applications may be obtained from either Private PAIR or Public PAIR. Status
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`information for unpublished applications is available through Private PAIR only. For
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`Richmond, Exh. 2017, p.16
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`

`
`Application/Control Number: 12/978,358
`Art Unit: 2821
`
`Page 16
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`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
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`have questions on access to the Private PAIR system, contact the Electronic Business
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`Center (EBC) at 866-217-9197 (toll-free).
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`/Minh D A/
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`Examiner
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`Art Unit 2821
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`Date 6/29/12
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`Richmond, Exh. 2017, p.17