IDEAL Industries Lighting LLCDownload PDFPatent Trials and Appeals BoardMay 26, 20212020001802 (P.T.A.B. May. 26, 2021) Copy Citation UNITED STATES PATENT 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. 14/464,760 08/21/2014 John K. Roberts 2294-486C 2850 27820 7590 05/26/2021 WITHROW & TERRANOVA, P.L.L.C. 106 Pinedale Springs Way Cary, NC 27511 EXAMINER CRAWLEY, KEITH L ART UNIT PAPER NUMBER 2626 NOTIFICATION DATE DELIVERY MODE 05/26/2021 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): patents@wt-ip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JOHN K. ROBERTS and KEITH J. VADAS Appeal 2020-001802 Application 14/464,760 Technology Center 2600 Before JEAN R. HOMERE, CARL W. WHITEHEAD JR., and MICHAEL J. ENGLE, Administrative Patent Judges. ENGLE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 11–15 and 18–31, which are all of the claims pending in the application. Appeal Br. 1. Claims 1–10, 16, and 17 are cancelled. Claims App. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies IDEAL INDUSTRIES LIGHTING LLC as the real party in interest. Appeal Br. 1. Appeal 2020-001802 Application 14/464,760 2 TECHNOLOGY According to Appellant, the claimed subject matter relates to “providing a stabilized color management system in a solid state lighting panel.” Spec. Abstract. ILLUSTRATIVE CLAIM Claim 11 is illustrative and reproduced below with the limitations at issue emphasized: 11. A lighting panel system, comprising: a lighting panel including a plurality of solid state lighting devices; and a multi-mode color management system that is configured to control the lighting panel and that is further configured to selectively operate in a closed loop control mode or an open loop control mode, wherein the multi-mode color management system comprises a mode selection module that is configured to estimate a color management change value, compare the color management change value to a threshold value, and to set a microcontroller to operate in the closed loop control mode for a color management change value that is greater than the threshold value and then to set the microcontroller in the open loop control mode after the color management change value that is larger than the threshold value is performed in the closed loop control mode, wherein the mode selection module is configured to periodically set the microcontroller to the closed loop control mode from the open loop control mode to correct for color characteristic drift that occurs while the microcontroller is operating in the open loop control mode, and wherein periodically setting the microcontroller to the closed loop mode comprises repeatedly setting the microcontroller to the closed loop control mode at a given time interval. Appeal 2020-001802 Application 14/464,760 3 REJECTION Claims 11–15 and 18–31 are rejected under 35 U.S.C. § 103(a) as obvious over Johnson (US 6,608,614 B1; Aug. 19, 2003) in view of Diefenbaugh (US 2006/0146003 A1; July 6, 2006). Final Act. 2. ANALYSIS Independent claim 11 recites “the mode selection module is configured to periodically set the microcontroller to the closed loop control mode from the open loop control mode to correct for color characteristic drift that occurs while the microcontroller is operating in the open loop control mode.” Independent claim 21 recites commensurate limitations. Appellant argues that “Johnson appears to describe entering and ceasing closed loop control” but “does not disclose or suggest going from an open loop control mode to a closed loop control mode.” Appeal Br. 6. However, we agree with the Examiner that “Appellant’s piecemeal analysis of the references is not persuasive, as it is the combination of Johnson in view of Diefenbaugh that is relied upon in rejecting the claims.” Ans. 5. “Diefenbaugh clearly teaches both a closed loop control mode and an open loop control mode, as well as choosing between the two modes based on the size of adjustment required.” Id. at 6 (summarizing Diefenbaugh Fig. 2, ¶¶ 25–35). Johnson, on the other hand, teaches that “because the chromaticity of individual LEDs may change as a function of time or temperature variation, a closed loop control mode may be periodically entered to re-adjust the backlight assembly.” Id. (citing Johnson Fig. 5, 4:51–5:43). “Thus, the combination of Johnson in view of Diefenbaugh teaches that while awaiting an image adjustment (in the open loop control mode of Diefenbaugh), a closed loop control mode (the Appeal 2020-001802 Application 14/464,760 4 adjustment mode of fig. 5 of Johnson) may be periodically entered.” Id. at 7. Therefore, the combination of Diefenbaugh and Johnson teaches or suggests the disputed limitation. Independent claim 23 recites “the mode selection module is configured to change from the open loop mode to the closed mode after a given time interval has elapsed.” Appellant argues that “Johnson does not disclose or suggest changing the control mode in any context, much less periodically being in the closed loop control mode.” Appeal Br. 7. However, we agree with the Examiner that this is not persuasive for the same reasons as claim 11, as Appellant attacks Johnson individually and does not address the Examiner’s proposed combination. Ans. 7–8. Accordingly, we sustain the Examiner’s rejection of independent claims 11, 21, and 23, and their dependent claims 12–15, 18–20, 22, and 24– 31, which Appellant argues are patentable for similar reasons. See Appeal Br. 8; 37 C.F.R. § 41.37(c)(1)(iv). OUTCOME The following table summarizes the outcome of the rejection: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 11–15, 18–31 103(a) Johnson, Diefenbaugh 11–15, 18–31 TIME TO RESPOND No time for taking subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.36(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation