`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`13/380,958
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`12/27/2011
`
`Katsushi Sumisaki
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`MAT—10519US
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`1577
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`EXAMINER
`RATNERPRESTIA —
`”08’2“ —
`”90
`52473
`PO BOX 980
`OSINSKI, MICHAEL s
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2662
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`NOT *ICATION DATE
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`DELIVERY MODE
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`11/08/2013
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/380,958 SUMISAKI, KATSUSHI
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`MICHAEL OSINSKI first“ 2662
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 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 () 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 CFR 1.704(b).
`
`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 10/7/2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`a)IXl This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)|XI Claim(s) 13 5 6 9 and 11 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s)_ is/are allowed.
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`7)IZ| Claim(s 13 5 6 9 and 11 is/are rejected.
`)
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`8)IZ| Claim(s) 13 5 6 9 and 11 is/are objected to.
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`9)|:l 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
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`participating intellectual property office for the corresponding application. For more information, please see
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`
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`://www.usoto. ov/ atentS/init events"
`h/index.‘s orsend an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`htt
`
`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some * c)I:I None of the:
`a)|:l All
`1.|:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`1) E Notice of References Cited (PTO-892)
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`3) I] Interview Summary (PTO-413)
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`Paper NOISI/Ma” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date 10/23/2013.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-13)
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`Part of Paper No./Mai| Date 20131105
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`Office Action Summary
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`

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`Application/Control Number: 13/380,958
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`Page 2
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`Art Unit: 2662
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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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`DETAILED ACTION
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`1.
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`The following Office action is in response to communications filed on 10/7/2013.
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`Claims 1, 3, 5-6, 9, and 11 are currently pending within this application.
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`Information Disclosure Statement
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`2.
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`The information disclosure statement filed on 10/23/2013 is in compliance with
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`the provisions of 37 CFR 1.97, and has been considered and a copy is enclosed with
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`this Office action.
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`Claim Rejections — 35 USC § 1 12
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`3.
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`The previous rejections of claims 4 and 7 under 35 USC 112, second paragraph,
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`are withdrawn in response to amended claims filed on 10/7/2013.
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`Response to Arguments
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`4.
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`The Applicant's arguments regarding the previously pending claims have been
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`fully considered but they are moot in view of new ground(s) of rejection necessitated by
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`Applicant's amendments to the previously pending claims.
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`Claims
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`

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`Application/Control Number: 13/380,958
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`Page 3
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`Art Unit: 2662
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`5.
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`Claims 1, 3, 5-6, 9, and 11 are objected to due to the following informalities:
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`independent claim 1 currently recites “light emission control means...means, wherein
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`light detection means...the subject, the light emission control means...”; however, it is
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`suggested that this be changed to recite “light emission control means...means, and
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`light detection means...the subject, wherein the light emission control means...”
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`Appropriate correction is required. Claims 3, 5-6, 9, and 11 are objected to due to
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`depending upon objected base claim 1.
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`Claim Rejections — 35 USC § 103
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`6.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`7.
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`Claims 1, 3, 5-6, 9, and 11 are rejected under 35 U.S.C 103 as being
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`unpatentable over Tamura (US PGPub 2008/0088733) [hereafter Tamura] in view
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`of Matsui (US PGPub 2005/0122420) [hereafter Matsui] and Tojo et al (US Patent
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`6345155) [hereafter Tojo].
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`8.
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`As to claim 1, Tamura discloses an image pickup apparatus (camera 1 shown in
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`Figs. 1-2) comprising light-emitting means (flash 11) for emitting light to a subject, and
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`light emission control means (emission control unit 19) for controlling an amount of light
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`emitted by the light-emitting means, and light detection means (emission control unit 19)
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`

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`Application/Control Number: 13/380,958
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`Page 4
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`Art Unit: 2662
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`for measuring luminance of light from the subject, wherein the light emission control
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`means increase the amount of light emitted by the light-emitting means to a
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`predetermined amount and the light emission control means maintains the amount of
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`light (Page 2, 0032, Page 3, 0038, 0040, Page 4, 0052-0053, Page 5, 0054-0056, a
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`digital camera includes a flash for emitting light to an imaged subject wherein the
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`amount of light emitted by the flash is controlled by an emission control unit 19 and
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`corresponds to an amount calculated by the emission control unit in response to
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`luminance information of an imaged subject and a CCD that converts received light of
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`an imaged subject into image data that is stored within SDRAM22 and retrieved by a
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`face detection unit that recognizes the position and luminance of a face of the subject
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`through processing the image and the emission control section performs light control
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`with face consideration such that an amount of flash is calculated based on the
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`luminance of the subject and the flash is controlled to reach the calculated amount).
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`It is however noted that Tamura fails to particularly disclose the light emission
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`control means repeatedly increases the amount of light emitted by the light-emitting
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`means.
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`On the other hand, Matsui discloses an image pickup apparatus (camera 10
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`shown in figs. 1-2) comprising light emission control means (illumination control circuit
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`43 shown in Fig. 3) for controlling an amount of light emitted by a light-emitting means
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`(LEDs 41-42) wherein the light emission control means repeatedly increases the
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`amount of light emitted by the light-emitting means (as shown in Fig. 5) and the light
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`emission control means maintains the amount of light (Page 3, 0041, 0045, Page 4,
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`Application/Control Number: 13/380,958
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`Page 5
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`Art Unit: 2662
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`0059-0064, Page 5, 0074-0076, an illumination control circuit for controlling an amount
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`of light being emitted by LEDs increases the amount of light emitted by the LEDs
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`continuously from zero indicating a point when the flash is not on/active to a
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`predetermined amount which is maintained).
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`It would have been obvious to one having ordinary skill in the art at the time of
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`invention to include light emission control means to repeatedly increase the amount of
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`light emitted by the light-emitting means as taught by Matsui with the image pickup
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`apparatus of Tamura because the cited prior art references are directed towards image
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`pickup devices that determine an appropriate amount of flash to emit from a light-
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`emitting unit based on received light from an imaged subject and because the claimed
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`limitations are fully disclosed within the cited prior art references and the incorporation
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`of the light emission control means of Matsui within the apparatus of Tamura would
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`yield predictable result of enabling the flash amount determined by the emission control
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`means to be achieved gradually by repeatedly increasing the amount of light emitted
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`until the predetermined amount is achieved.
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`Also, it is noted that the combination of Tamura and Matsui fails to particularly
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`disclose repeatedly evaluating luminance of the light measured by the light detection
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`means before increasing the amount of light again until the light detection means
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`indicates that the luminance measured by the light detection means has reached a
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`predetermined amount.
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`On the other hand, Tojo discloses an image pickup apparatus (shown in Fig. 4)
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`that comprises light-emission control means (integrating section 7, comparing section 8,
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`

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`Application/Control Number: 13/380,958
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`Page 6
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`Art Unit: 2662
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`and control section 9) that repeatedly evaluating luminance of light measured by the
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`light detection means (light receiving element 2) before increasing the amount of light
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`again until the light detection means indicates that the luminance measured by the light
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`detection means has reached a predetermined amount (Col. 4, 10-40, 55-65, Col. 5, 1-
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`25, 36-52, 64-66, Col. 6, 51-66, Col. 7, 1-10, an image pickup apparatus includes an
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`integrating section that repeatedly evaluates luminance of a subject measured by a light
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`receiving element before continuing to increase an amount of light emitted by a light
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`emitting device by keeping the light emitting device connected to a charged capacitor
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`24, Shown in Fig. 5, due to control signals from control section 9 until a comparing
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`section determines that the luminance of the subject reaches a reference value).
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`It would have been obvious to one having ordinary skill in the art at the time of
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`invention to include repeatedly evaluating luminance of the light measured by the light
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`detection means before increasing the amount of light again until the light detection
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`means indicates that the luminance measured by the light detection means has reached
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`a predetermined amount as taught by Tojo with the image pickup apparatus taught by
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`the combination of Tamura and Matsui because the cited prior art references are
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`directed towards image pickup devices that determine an appropriate amount of flash to
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`emit from a light-emitting unit based on received light from an imaged subject and
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`because the claimed limitations are fully disclosed within the cited prior art references
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`and the incorporation of the light-emission control means of Tojo within the image
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`pickup apparatus of Tamura and Matsui would yield predictable results of enabling the
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`light emission control means to repeatedly check the luminance level of a subject and
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`

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`Application/Control Number: 13/380,958
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`Page 7
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`Art Unit: 2662
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`accordingly increase the amount of light emitted by the light-emitting means until a
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`luminance of a subject has reached a predetermined amount.
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`9.
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`As to claim 3, the combination of the Tamura, Matsui, and Tojo references
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`discloses the claimed subject matter with regards to the comments of claim 1.
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`10.
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`As to claim 5, Matsui discloses the light-emitting means is an LED (Page 4,
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`0059-0060).
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`11.
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`As to claim 6, the combination of the Tamura, Matsui, and Tojo references
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`discloses the claimed subject matter with regards to the comments of claim 1.
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`Additionally, Matsui discloses a mobile phone (portable telephone 201 shown in
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`Fig. 7) comprising an image pickup apparatus (camera 202 and illumination unit 203).
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`12.
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`As to claims 9, the combination of the Tamura, Matsui, and Tojo references
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`discloses the claimed subject matter with regards to the comments of claim 5.
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`13.
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`As to claim 11, the combination of the Tamura, Matsui, and Tojo references
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`discloses the claimed subject matter with regards to the comments of claims 3 and 6.
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`

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`Application/Control Number: 13/380,958
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`Page 8
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`Art Unit: 2662
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`Conclusion
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`14.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Michael Osinski whose telephone number is (571) 270-
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`3949. The examiner can normally be reached on Monday to Thursday 9 am. to 6 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Roberto Velez can be reached on (571) 272-8597. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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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
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`

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`Application/Control Number: 13/380,958
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`Page 9
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`Art Unit: 2662
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`MO
`
`/M|CHAEL OSINSKI/
`
`Primary Examiner, Art Unit 2662
`
`