Ex Parte Woisetschlaeger et al

Patent Trial and Appeal Board

Nov 28, 2018

14050388 (P.T.A.B. Nov. 28, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/050,388 10/10/2013
83956 7590 11/30/2018
Viering, Jentschura & Partner mbB - OSR
c/o
444 Brickell A venue
Suite 51270
Miami, FL 33131
FIRST NAMED INVENTOR
Oliver Woisetschlaeger
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
P54579US 6563
EXAMINER
CATTANACH, COLIN J
ART UNIT PAPER NUMBER
2875
NOTIFICATION DATE DELIVERY MODE
11/30/2018 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):
patint@vjp.de
vjp-us@vjp.de
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte OLIVER WOISETSCHLAEGER, PETER HELBIG,
and PETER NIEDERMEIER
Appeal2017-011595
Application 14/050,388
Technology Center 2800
Before ADRIENE LEPIANE HANLON, TERRY J. OWENS, and
LILAN REN, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
The Applicant/Appellant (OSRAM GmbH) appeals under
35 U.S.C. § 134(a) from the Examiner's rejection of claims 1, 4--9, and 13.
We have jurisdiction under 35 U.S.C. § 6(b).
The Invention
The claims are to a lamp. Claim 1 is illustrative:
1. A lamp, comprising:
a lamp bulb composed of light-transmissive material; and
at least one semiconductor light source arranged within
the lamp bulb, and comprising a base, configured to provide
electrical power to said at least one semiconductor light source;
Appeal2017-011595
Application 14/050,388
Currie
Chen
Li
Lin
wherein the lamp has at least one optical waveguide
which is integrally molded onto an inner surface of the lamp
bulb and shaped from the material of the lamp bulb; and
wherein the optical waveguide extends in the direction of the at
least one semiconductor light source; and
wherein said optical waveguide has an optical waveguide
section arranged within the lamp bulb and configured to scatter
light; said optical waveguide section comprising at least one
truncated-cone-shaped section; said at least one truncated-cone-
shaped section having a truncated cone lateral surface which is
provided with a groove structure or comprises a step-shaped or
staircase-shaped portion.
The References
US 2005/0135098 Al
US 2010/0283369 Al
US 2011/0273900 Al
US 2013/0121002 Al
The Re} ections
June 23, 2005
Nov. 11, 2010
Nov. 10, 2011
May 16, 2013
Claims 1, 4--9, and 13 stand rejected under 35 U.S.C. § I03(a) over
Chen in view of Li and over Lin in view of Currie.
OPINION
We affirm the rejections.
With respect to both rejections the Appellant argues the claims as a
group (Br. 13, 15). We therefore limit our discussion to one claim, i.e.,
claim 1, which is the sole independent claim. See 3 7 C.F .R.
§ 4I.37(c)(l)(iv) (2012).
Rejection over Chen in view of Li
Chen discloses a lamp comprising 1) a transparent casing (21) ( which
corresponds to the Appellant's lamp bulb), 2) light guide pipes (22) (which
correspond to the Appellant's at least one optical waveguide) integrally
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Application 14/050,388
formed with the transparent casing (21 ), some of the light guide pipes (22)
being upwardly-pointing conical and some being circular, 3) a light emitting
diode (LED) (11) at the base of each light guide pipe (22), and 4) a light
guide body (23) extending slantingly from the position at which the lower
ends of the light guide pipes (22) meet the transparent casing (21) (i129;
Figs. 3, 4). Light from the LEDs passes through the light guide pipes (22)
which refract the light such that it diffuses uniformly by the total reflection
effect to the transparent casing (21) and then to the outside, so as to achieve
uniform light scattering (i1i110, 13, 29; claim 1).
Li discloses a light comprising a light guide (2) having, at its light
input end (2a), one or more LEDs (3) around which is a prismatic surface (5)
( corresponding to the Appellant's groove structure or step-shaped or
staircase-shaped portion) which reflects light toward the light guide (2)'s
light output end (2b) (i1i139, 46; Figs. 1, 2b ).
The Appellant argues that Chen's "light guide pipe uses the
mechanism of total internal reflection in order to guide light from a first end
of the light guide pipe to the other end of the light guide pipe without any
loss of light" (Br. 11) such that "inside the light guide pipe (between the first
end of the light guide pipe and the other end of the light guide pipe), the only
[sic, only the] reflection phenomenon (i.e. no scattering effect) can be
observed" (Br. 12).
Chen discloses that light from the LEDs ( 11) refracts through the light
guide pipes (22) before diffusing uniformly by the total reflection effect to
the transparent casing (21) and then to the outside to achieve uniform
scattering without forming and gathering light spots or flare spots on the
transparent casing (21)'s inner surface (i1i113, 29). Although Chen uses the
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Appeal2017-011595
Application 14/050,388
term "total reflection effect," Chen's disclosure indicates that light refracts
and diffuses through the light guide pipes (22) to achieve uniform light
scattering, not that the light passes from the light guide pipe (22)'s light
input end to light output end without any light scattering between those ends,
which apparently would cause the light spots or flare spots at the light output
end which Chen's light refraction and diffusion avoids. Regardless,
although the Appellant's Specification states that "light is coupled out from
the optical waveguide 14 in the region of the truncated-cone-shaped optical
waveguide section 144 on account of the light-scattering effect of the
staircase-like surface structure" (Spec. ,r 24), the Appellant's claim 1 does
not require coupling out of light in the truncated-cone-shaped optical
waveguide section but, rather, encompasses scatter of light internally within
that section. The Appellant, therefore, improperly is reading a limitation
from the Specification into the claims. See In re Prater, 415 F.2d 1393,
1405 (CCPA 1969).
Accordingly, we are not persuaded of reversible error in the rejection
over Chen in view of Li.
Rejection over Lin in view of Currie
Lin discloses a lamp comprising a light source (14) in a
chamber ( 113) defined by a cover ( 11) having at its center a first
portion ( 111) with a semicircular or truncated cone-shaped protrusion ( 13,
43) extending toward the light source (14), and having a second
portion (112) surrounding and extending from the first portion (111 ), the
average thickness of the first portion ( 111) being greater than the thickness
of the second portion (112) (i-f 36; Figs. 2A, 4C). The protrusion (13, 43)'s
inner surface has a reflective coating (133, 433) (i-f 39, 40). "Since the
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Appeal2017-011595
Application 14/050,388
average thickness of the first portion 111 is greater than that of the second
portion 112, the transmittance of the first portion 111 is less than that of the
second portion 112, which results in some light emitted from the light
source 14 are [sic, being] reflected by the first portion 111 . ... In one
embodiment, less than 80% of the light emitted by the light source 14 is
transmitted through the first portion 111, and more than 80% of the light
emitted by the light source 14 is transmitted through the second portion 112"
(iT 36).
Currie discloses a light bulb ( 10) comprising LEDs ( 6) and a bulb
globe (1) having concentric circles cut therein to form stepped rings which
disperse and diffuse light from the LEDs ( 6) out of the bulb globe ( 1) in all
directions to simulate a standard incandescent bulb (iT 31; Figs. IA, IB).
The Appellant argues that Lin's "protrusion inside the cover is
configured to reflect the whole light emitted by the light source due to the
reflected coating. Accordingly, the protrusion with reflected coating in Lin
cannot make the light pass through (transmit) the protrusion" (Br. 14).
Lin indicates that light can transmit through the protrusion (13, 43)
(iT 36). Regardless, as pointed out above with respect to the rejection over
Chen in view of Li, the Appellant's claim 1 does not require coupling out of
light in the truncated-cone-shaped optical waveguide section but, rather,
encompasses internal scatter of light within that section.
Hence, we are not convinced of reversible error in the rejection over
Lin in view of Currie.
DECISION
The rejections of claims 1, 4--9, and 13 under 35 U.S.C. § I03(a) over
Chen in view of Li and over Lin in view of Currie are affirmed.
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Application 14/050,388
The Examiner's decision is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 3 7 C.F .R. § 1.13 6( a).
AFFIRMED
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