U NITED STATES P ATENT AND TRADEM ARK O FFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States f>ateot and Trademark Office
`Address: COMMISSIONF.R FOR PATENTS
`P.O. (lox 1450
`Alexandria. Virginia 22313· 1450
`www.usplo.gov
`
`APPLICATION NO.
`
`FIUNGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
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`13/450,938
`
`04119/2012
`
`Michael Miskin
`
`LYN-071317DV02
`
`2439
`
`22876
`7590
`10/2512013
`FACTOR INTELLECTUAL PROPERTY LAW GROUP, LTD.
`1327 W. WASHINGTON BLVD.
`SUITE 5G/H
`CHICAGO, rL 60607
`
`EXAMINER
`
`TRAN, ANH Q
`
`ART UNIT
`
`PAPER NUMBER
`
`2844
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`MAil. DATE
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`10/25/2013
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`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time peliod for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
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`IPR PAGE 1
`
`Acuity v. Lynk
`Acuity Ex.
`
`1016
`
`

`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`No
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`Examiner
`ANH TRAN
`
`Art Unit
`2844
`
`Application No.
`13/450,938
`
`Applicant(s)
`MISKIN, MICHAEL
`
`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 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
`earned patent term adjustment. See 37 C FR 1.704(b).
`
`Status
`1 )l:8J Responsive to communication(s) filed on 4119112.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b} was/were filed on __ .
`2a)0 This action is FINAL.
`2b)t8l 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 0.G. 213.
`
`Disposition of Claims
`5)1:8l Claim(s) 1-5 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration .
`6)0 Claim(s) __ is/are allowed.
`7)1:8l Claim(s) 1-5 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:i/\ANNJ.usoto.aov!patents/init events/pph/index.jsp or send an inquiry to PPHfeedbackG.'iluspto.oov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )1:8l The drawing(s) filed on 4119112 is/are: a)t8:1 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).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f) .
`Certified copies:
`a)O All b)O Some* c)O None of the:
`1.0
`Certified copies of the priority documents have been received.
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`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) t8J Notice of References Cited (PT0-892)
`2) 1:8J 1nformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 8121112.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-13)
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20131022
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`IPR PAGE 2
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`

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`Application/Control Number: 13/450,938
`Art Unit: 2844
`
`Page 2
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Claim Rejections - 35 USC§ 103
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`2.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`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 102 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.
`
`3.
`
`Claims 1-5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Burdalski et al. (2007/0069663) in view of Handschy (2006/0103913).
`
`Claim 1, Burdalski discloses an AC-driven LED assembly comprising: at least a
`
`first and a second LED each discretely packaged (see fig. 13 and P[0048]). Burdalski
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`does not expressly discloses an AC-driven LED assembly comprising: each LED
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`package being mounted to a substrate at a distance from the other of preferably
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`approximately 3 mm or less, and more preferably 2.0 mm or less.
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`However, Handchy discloses a LED assembly comprising: each LED package
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`being mounted to a substrate (see P[001 O]) at a distance from the other of preferably
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`approximately 3 mm or less and more preferably 2.0 mm or less (see fig . 3 and ... less
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`than 3 mm ... , P[0042]).
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`It would have been obvious to one of ordinary skill in the art to combine
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`Hanschy's spacing of the diodes and Burdalski's diode AC-driven LED assembly in
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`order to control a spacing of an image area view by a human eye.
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`IPR PAGE 3
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`

`
`Application/Control Number: 13/450,938
`Art Unit: 2844
`
`Page 3
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`Claim 2, Handchy discloses the AC-driven LED assembly according to claim 1
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`wherein the packaged LEDs each have a length of preferably approximately 2.5 mm or
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`less, and more preferably 2.0 mm or less (see fig. 3 and .... 25 mm ... , [0043]).
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`Claim 3, Handchy discloses the AC-driven LED assembly according to claim 1
`
`wherein the packaged LEDs each have a width of preferably approximately 2.5 mm or
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`less, and more preferably 2.0 mm or less (see fig . 3 and .... 25 mm ... , [0043]).
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`Claim 4, Handchy discloses the AC-driven LED assembly according to claim 1
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`wherein the LED packages are arranged with respect to each other in a linear spatial
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`relationship (row, P[0041 ]).
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`Claim 5, Handchy discloses the AC-driven LED assembly according to claim 1
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`wherein the LED packages are arranged with respect to each other in an XY rectilinear
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`spatial relationship (array, P[0041 ]).
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANH TRAN whose telephone number is (571 )272-1813.
`
`The examiner can normally be reached on M-Th (8:00-6:30).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Shawk Ismail can be reached on 571-272-3985. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`IPR PAGE 4
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`

`
`Application/Control Number: 13/450,938
`Art Unit: 2844
`
`Page 4
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
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`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Anh Q. Tran/
`Primary Examiner, Art Unit 2844
`10/22/13
`
`IPR PAGE 5