VIA ELECTRONIC FILING SYSTEM
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In the PATENT APPLICATION of:
`
`Simon N. Richmond
`
`Application No.: 12/978,358
`
`Confirmation No.: 1080
`Filed:
`
`December 23, 2010
`
`For: SOLAR POWERED LIGHT ASSEMBLY
`TO PRODUCE LIGHT OF VARYING
`COLORS
`
`Group:
`
`2821
`
`Examiner:
`
`Minh, D A
`
`Our File:
`
`AIL1682-1-006C2
`
`Date:
`
`July 13, 2012
`
`REPLY TO OFFICE ACTION
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`This Reply and Terminal Disclaimer are being timely filed in response to the
`
`Office Action dated July 13, 2012 in accordance with Rule 111 of the Rules of
`
`Practice. Please amend the application without prejudice or disclaimer as follows:
`
`1999191-1
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`Richmond, Exh. 2019, p.1
`
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In the PATENT APPLICATION of:
`
`Simon N. Richmond
`
`Application No.: 12/978,358
`
`Confirmation No.: 1080
`Filed:
`
`December 23, 2010
`
`For: SOLAR POWERED LIGHT ASSEMBLY
`TO PRODUCE LIGHT OF VARYING
`COLORS
`
`Group:
`
`2821
`
`Examiner:
`
`Minh, D A
`
`Our File:
`
`AIL1682-1-006C2
`
`Date:
`
`July 13, 2012
`
`REPLY TO OFFICE ACTION
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`This Reply and Terminal Disclaimer are being timely filed in response to the
`
`Office Action dated July 13, 2012 in accordance with Rule 111 of the Rules of
`
`Practice. Please amend the application without prejudice or disclaimer as follows:
`
`1999191-1
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`Richmond, Exh. 2019, p.1
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`
`
`Applicant: Simon N. Richmond
`Application No.: 12/978,358
`
`Amendments to the Claims:
`
`This listing of claims will replace all prior versions, and listings, of claims in
`
`the application:
`
`Listing of Claims:
`
`1.
`
`(Original) A lighting device, said device including:
`
`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 independently control delivery of power to each of
`
`said at least two light sources so as to ramp up and ramp down intensity of light
`
`emitted over time by said at least two 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
`
`at least one solar cell mounted so as to be exposed to light and
`
`operatively associated with said connections to charge said battery.
`
`2.
`
`(Original) The lighting device of claim 1, further comprising a spike for
`
`positioning said connections above a ground surface.
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`3.
`
`(Previously Presented)
`
`The lighting device of claim 1, wherein said
`
`light sub-circuit further independently controls delivery of power to each of said
`
`light sources so as to vary frequency of changes to said intensity.
`
`4.
`
`(Original) The lighting device of claim 1, 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.
`
`5.
`
`(Original) The lighting device of claim 4, wherein said second lens
`
`projects at least partially into said chamber.
`
`6.
`
`(Original) The lighting device of claim 4, further including a lens
`
`assembly comprises a base, said first lens and said second lens, and wherein said
`
`second lens is attached to said base, and wherein said base is removably attached to
`
`said first lens.
`
`7.
`
`(Original) The lighting device of claim 6, wherein said circuit is at
`
`least partially contained in said base.
`
`8.
`
`(Previously Presented)
`
`The lighting device of claim 1, 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.
`
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`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
`
`9.
`
`(Previously Presented)
`
`The lighting device of claim 8, further
`
`comprising a sealed chamber generally formed by said lens and wherein said at
`
`least one switch is located outside said chamber.
`
`10.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`light sub-circuit delivers electric power so that said at least two light sources
`
`produce a constant color, with said at least one switch being a first switch, and said
`
`circuit includes a second switch, said second switch being an on/off switch to deliver
`
`electric power from said at least one rechargeable battery to said sub-circuit.
`
`11.
`
`(Original) The lighting device of claim 10, wherein said first switch
`
`is accessible via an exposed external surface.
`
`12.
`
`(Previously Presented) The lighting device of claim 8, wherein said
`
`at least one switch is a first switch, and said circuit includes a second switch, said
`
`second switch being an on/off switch to deliver electric power from said at least one
`
`rechargeable battery to said sub-circuit, and wherein said sub-circuit further
`
`comprises an integrated circuit wherein said first switch is connected to said
`
`integrated circuit, said first switch being operable to select a constant color.
`
`13.
`
`(Previously Presented)
`
`The lighting device of claim 8, further
`
`compnsmg:
`
`a base;
`
`a battery compartment attached to said base to recmve said at least one
`
`battery; and
`
`wherein said at least one switch is exposed to said battery compartment to
`
`provide for operation thereof by said user, and said lens is attached to said battery
`
`compartment, with said lens and compartment being removably attached to said
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`base to provide access to said compartment by said user and therefore to said at
`
`least one switch.
`
`14.
`
`(Original) The lighting device of claim 13, wherein said lens and
`
`said battery compartment are removably attached to said base by relative rotation
`
`therebetween.
`
`15.
`
`(Previously Presented)
`
`The lighting device of claim 13, wherein said
`
`battery compartment and said lens are threadably attached to said base with
`
`relative rotation therebetween providing for removal and attachment of said lens
`
`and compartment with respect to said base.
`
`16.
`
`(Previously Presented)
`
`The
`
`lighting device of claim 8 further
`
`compnsmg a body upon which said circuit is mounted, said body providing a
`
`closable battery compartment to receive said at least one battery, and wherein said
`
`at least one switch is mounted on said body so as to be exposed to said closable
`
`battery compartment so that a user has access thereto by opening said closable
`
`battery compartment.
`
`17.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`light sub-circuit varies said power to each of said at least two light sources so as to
`
`vary both the intensity of said light emitted by each of said at least two light
`
`sources and the frequency of changes to the intensity to produce a continuously
`
`color changing cycle.
`
`18.
`
`(Previously Presented)
`
`The lighting device of claim 1, 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.
`
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`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
`
`19.
`
`(Original) The lighting device of claim 1, 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.
`
`20.
`
`(Original) The lighting device of claim 1, wherein said at least two
`
`light sources are at least three light sources and said more than two colors are more
`
`than three colors.
`
`21.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`light sub-circuit delivers electric power so that said at least two light sources
`
`produce a desired fixed color, with said at least one switch being a first switch, and
`
`said circuit includes a second switch, said second switch being an on/off switch to
`
`deliver electric power from said at least one rechargeable battery to said sub-circuit.
`
`22.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`at least one switch is disposable in a first configuration wherein at least one of said
`
`at least two light sources produce a constant color, and a second configuration
`
`wherein said at least two light sources produce varying colors.
`
`23.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`at least one switch is accessible via an exposed external surface.
`
`24.
`
`(Previously Presented)
`
`The lighting device of claim 2, further
`
`compnsmg:
`
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`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`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 said cap assembly can be selectively removed from said lens; said cap assembly
`
`including said connections and said at least one solar cell; and
`
`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.
`
`25.
`
`(Original) The lighting device of claim 24, wherein said body
`
`includes a post for positioning said lens above a ground surface.
`
`26.
`
`(Original) The lighting device of claim 2, further comprising a post
`
`for positioning said lens above a ground surface.
`
`27.
`
`(Previously Presented)
`
`The lighting device of claim 8, wherein said
`
`at least two light sources further comprise at least a diode that emits green light
`
`and wherein said at least two light sources are connected in series to an integrated
`
`circuit such that the frequency of changes in color and the intensity level of color
`
`produced by said at least two light sources is set in a predetermined configuration.
`
`28.
`
`(Previously Presented) The lighting device of claim 1, wherein said,
`
`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
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`connected in series to an integrated circuit such that said sub-circuit produces at
`
`least a fourth colored light.
`
`29.
`
`(Original) The lighting device of claim 1, further compnsmg 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 part of said lens from above.
`
`30.
`
`(Original) The lighting device of claim 1, further comprising a post
`
`for elevating said lens above a ground surface.
`
`31.
`
`(Original) The lighting device of claim 1, wherein said color
`
`changing cycle includes a spectrum of colors including at least a first color, a second
`
`color, and a third color and wherein said at least two light sources includes a first
`
`light source having said first color and a second light source having said second
`
`color, and wherein said color changing cycle includes a third color produced by said
`
`first light source and said second light source.
`
`32.
`
`(Original) The lighting device of claim 31, further comprising a spike
`
`for positioning said connections above a ground surface.
`
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`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
`
`33.
`
`(Original) The lighting device of claim 31, further comprising a post
`
`for positioning said lens above a ground surface.
`
`34.
`
`(Previously Presented)
`
`The lighting device of claim 31, 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.
`
`35.
`
`(Original) 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,
`
`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
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`at least one solar cell mounted so as to be exposed to light and
`
`operatively associated with said connections to charge said battery.
`
`36.
`
`(Original) The lighting device of claim 35, wherein said memory is a
`
`switch.
`
`37.
`
`(Original) The lighting device of claim 35, wherein said memory
`
`forms a portion of said at least one integrated circuit.
`
`38.
`
`(Previously Presented)
`
`The lighting device of claim 35, wherein said
`
`light sub-circuit is connected to said light sources to deliver electric power thereto,
`
`so that said light sources produce said desired color.
`
`39.
`
`(Previously Presented)
`
`The lighting device of claim 35, further
`
`comprising an on/off switch operable to control delivery of electric power from said
`
`battery to said sub-circuit.
`
`40.
`
`(Original) The lighting device of claim 35, further compnsmg: a
`
`voltage cut-off sub-circuit, wherein said cut-off sub-circuit interrupts delivery of
`
`power to said light sources, upon a voltage in said cut-off sub-circuit reaching a
`
`predetermined threshold.
`
`41.
`
`(Original) The lighting device of claim 40, wherein said voltage cut-
`
`off sub-circuit forms a portion of said integrated circuit.
`
`42.
`
`(Original) The lighting device of claim 40, wherein said circuit
`
`further comprises: a capacitor, wherein said capacitor is arranged to store charge
`
`when an output voltage of said battery is greater than a stored charge on said
`
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`Application No.: 12/978,358
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`capacitor and to discharge charge when said output voltage of said battery is lower
`
`than said stored charge.
`
`43.
`
`(Original) The lighting device of claim 42, wherein said voltage cut-
`
`off sub-circuit prevents said capacitor from discharging further stored charge, upon
`
`a voltage in said cut-off sub-circuit reaching a predetermined threshold, such that a
`
`retained stored charge on said capacitor provides sufficient voltage to said memory
`
`to retain the selected desired color for a period of time.
`
`44.
`
`(Original) The lighting device of claim 43, wherein said retained
`
`stored charge is substantially zero volts.
`
`45.
`
`(Canceled).
`
`46.
`
`(Canceled).
`
`47.
`
`(Previously Presented) 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;
`
`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
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`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.
`
`48.
`
`(Previously Presented) 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 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;
`
`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.
`
`49. (Previously Presented) A lighting device to produce light of varying color,
`
`said device comprising:
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`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-circuit to independently control delivery of power to each of said at
`
`least two lamps so as to vary the perceived intensity of light emitted over time by
`
`said at least two lamps to produce a continuous color changing cycle that includes a
`
`portion of a color spectrum having at least said first color, said second color, and at
`
`least a third color produced by said first lamp and said second lamp;
`
`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 electrically
`
`connected to said connections to charge said at least one rechargeable battery.
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`REMARKS
`
`After the foregoing Amendments, Claims 1-44 and 47-49 are currently
`
`pending in this application. Claims 45-46 have been canceled without prejudice.
`
`Double Patenting Rejection
`
`Claims 1-3, 18-19, 23, 26, and 28-34 have been rejected under the judicially created
`
`doctrine of nonstatutory obviousness-type double patenting as being unpatentable
`
`over claims 32-34 of U.S. Patent No. 7,429,827. A Terminal Disclaimer is submitted
`
`herewith to overcome the nonstatutory obviousness-type double patenting rejections
`
`of Claims 1-3, 18-19, 23, 26, and 28-34. The Terminal Disclaimer is filed in order to
`
`further the prosecution of the present application and Applicant's business
`
`interests. The nonstatutory obviousness-type double patenting rejections are
`
`rendered moot in view of the Terminal Disclaimer and allowance of Claims 1-3, 18-
`
`19, 23, 26, and 28-34 is believed to be in order, and is courteously solicited.
`
`Claim Rejections Under 35 U.S. C. ยง 1 03(a)
`
`Claims 45-46 have been rejected by the Examiner as being obvious over of U.S.
`
`Patent No. 7,186,003 to Dowling et al. Even though Applicant respectfully disagrees
`
`with these rejections, Applicant hereby cancels Claims 45-46 thereby rendering
`
`these rejections moot. This cancelation of claims is made in order to further the
`
`prosecution of the present application and Applicant's business interests, yet
`
`without acquiescing to the Examiner's arguments, while reserving the right to
`
`prosecute
`
`the original, similar or broader claims in one or more future
`
`application(s).
`
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`Applicant: Simon N. Richmond
`Application No.: 12/978,358
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`Allowable Subject Matter
`
`The Examiner is thanked for indicating that claims 35-44 and 47-49 are
`
`allowed.
`
`Claims 4-7, 8-17, 21-22, 24-25 and 27 were objected to as being dependent
`
`upon a rejected base claim. In view of the Terminal Disclaimer filed herewith,
`
`reconsideration and withdrawal of the rejections and allowance of dependent
`
`Claims 4-7, 8-17, 21-22, 24-25 and 27 is believed to be in order, and is courteously
`
`solicited.
`
`Conclusion
`
`If the Examiner believes that any additional minor formal matters need to be
`
`addressed in order to place this application in condition for allowance, or that a
`
`telephone interview will help to materially advance the prosecution of this
`
`application, the Examiner is invited to contact the undersigned by telephone at the
`
`Examiner's convenience.
`
`In view of the foregoing amendments and remarks, Applicant respectfully
`
`submits that the present application, including claims 1-44 and 4 7-49, is in
`
`condition for allowance and a notice to that effect is respectfully requested.
`
`Respectfully submitted,
`
`Simon N. Richmond
`
`By
`
`/Donald J. Cox, Jr./
`Donald J. Cox, Jr.
`Registration No. 37,804
`
`Volpe and Koenig, P.C.
`United Plaza
`30 South 17th Street
`Philadelphia, PA 19103-4009
`Telephone: (215) 568-6400
`Facsimile: (215) 568-6499
`DJC/hg
`Enclosure
`
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