`
`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
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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`
`
`
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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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`
`
`
`
`CONF {MATION NO.
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`13/496,516
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`03/16/2012
`
`Yasushi Ogino
`
`MAT—10549US
`
`1674
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`52473
`7590 W
`W
`RATNERPRESTIA —
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`LOTTER, DAV ) E
`PO. BOX 980
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`VALLEY FORGE, PA 19482-0980
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`2844
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`
`
`
`03/24/2014
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`ELECTRONIC
`
`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
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/496,516 OGINO ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`DAVID LOTTER its“ 2844
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`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).
`
`In no event, however, may a reply be timely filed
`
`Status
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`1)IZI Responsive to communication(s) filed on 1/08/2014.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)|: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)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)|:I Claim(s)
`7)|Z| Claim(s)_1-10 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* 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
`hit
`I/'/\WII‘IN.USOIO. ov/ atentS/init events/
`
`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 3/16/2012is/are: a)lX| accepted or b)|:l 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)IXI 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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`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.IX| 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 3/16/2012.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140310
`
`

`

`Application/Control Number: 13/496,516
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`Page 2
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`Art Unit: 2844
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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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`Information Disclosure Statement
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`The information disclosure statement (IDS) submitted on 3/16/2013 is in
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`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
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`statement is being considered by the examiner.
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`Claim Rejections - 35 USC § 103
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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:
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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.
`
`Claims 1-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
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`over Haruhiko (JP 2003-288861) in view of Sugahara (US 5,987,261).
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`Haruhiko discloses a strobe device comprising: a flash discharge tube (Fig. 1, at
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`10 — flash discharge tube ); a plurality of external triggering electrodes (Fig. 1, at 5, 6 -
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`electrodes) formed on an outer surface of the flash discharge tube; a trigger circuit (Fig.
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`3, at 16, 17) that outputs a trigger signal to the external triggering electrodes making the
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`flash discharge tube emit light at a predetermined timing; and a control unit (Fig. 3, see
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`

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`Application/Control Number: 13/496,516
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`Page 3
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`Art Unit: 2844
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`also paragraph 22, “and with a predetermined actuating signal...”), the control unit that
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`controls and directs the trigger circuit to switch between a first mode in which a voltage
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`is applied to any of the plurality of external triggering electrodes having a predetermined
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`attachment area to the flash discharge tube, and a second mode in which a voltage is
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`applied to another of the external triggering electrodes having an area larger than the
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`predetermined attachment area (paragraph 22, “and with a predetermined actuating
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`signal...”).
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`Haruhiko does not explicitly disclose a control unit that determines a quantity of
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`light to be emitted by the flash discharge tube, and based on a determination, the
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`control unit controls and directs a trigger circuit to switch between a first light emitting
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`mode and a second light emitting mode.
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`Sugahara discloses a control unit that determines a quantity of light to be emitted
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`by the flash discharge tube and based on a determination the control unit controls and
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`directs a trigger circuit to switch between a first light emitting mode and a second light
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`emitting mode (see column 2, line 58 — column 3, line 17, see also column 3, lines 21-
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`35, see further Fig. 4, at 11 — light generation amount controller).
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`At the time of the invention, it would have been obvious to a person of ordinary
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`skill in the art to use the Sugahara controller in Haruhiko’s flash discharge tube to
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`modify the device with reasonable expectation that this would result in a device that
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`could use a controller to determine a quantity of light to be emitted. Sugahara is
`
`analogous art. Sugahara uses a strobe light with a controller to generate a fixed
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`amount of light. Furthermore, the use of a controller to determine a quantity of light to
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`

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`Application/Control Number: 13/496,516
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`Page 4
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`Art Unit: 2844
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`be emitted is well known in the art. There are numerous electronic devices for sale in
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`the U.S. market at the time of the invention that feature controllers with this function.
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`This method for modifying the device of Haruhiko was within the ordinary ability of one
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`of ordinary skill in the art based on the teachings of Sugahara.
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`Therefore, it would have been obvious to one of ordinary skill in the art to
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`combine the teachings Haruhiko and Sugahara to obtain the invention as specified in
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`claim 1.
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`Regarding claim 2 Haruhiko further discloses a switching unit that switches the
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`first and second modes (paragraph 22, “and with a predetermined actuating signal...”,
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`see also paragraph 25).
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`Regarding claim 3 Haruhiko further discloses wherein the control unit applies the
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`voltage to the external triggering electrode after switching the first and second modes
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`(paragraph 22, “and with a predetermined actuating signal...”, see also paragraph 25).
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`Regarding claim 4 Haruhiko further discloses wherein the control unit switches to
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`the first mode when making the flash discharge tube emits a small quantity of light and
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`switches to the second mode when making the flash discharge tube emits a large
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`quantity of light (paragraph 22, “and with a predetermined actuating signal...”, see also
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`paragraph 25).
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`

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`Application/Control Number: 13/496,516
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`Page 5
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`Art Unit: 2844
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`Regarding claim 5 Haruhiko discloses a strobe device comprising: a flash
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`discharge tube (Fig. 1, at 10 — flash discharge tube ); a plurality of external triggering
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`electrodes (Fig. 1, at 5, 6 - electrodes) formed on an outer surface of the flash discharge
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`tube; a first trigger circuit (Fig. 3, at 16, 17) that outputs a trigger signal so as to apply a
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`voltage to the external triggering electrode having a predetermined attachment area to
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`the flash discharge tube among the plurality of external triggering electrodes for making
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`the flash discharge tube emit light at a predetermined timing; a second trigger circuit
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`(Fig. 3, at 17 — 2nd trigger circuit) that outputs the trigger signal so as to apply a voltage
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`to the external triggering electrode having an attachment area larger than the
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`predetermined attachment area to the flash discharge tube among the plurality of
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`external triggering electrodes; and a control unit (Fig. 3, see also paragraph 22, “and
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`with a predetermined actuating signal...”, see also paragraph 25) that switches between
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`a first mode in which the voltage is applied to the external triggering electrode
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`connected to the first trigger circuit, and a second mode in which the voltage is applied
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`to the external triggering electrode connected to the second trigger circuit and controls
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`the trigger signal of the first and second trigger circuits (see paragraph 22, “and with a
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`predetermined actuating signal...”, see also paragraph 25) the control unit switches
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`between a first mode in which the voltage is applied to the external triggering electrode
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`connected to the first trigger circuit, and a second mode in which the voltage is applied
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`to the external triggering electrode connected to the second trigger circuit and controls
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`the trigger signal of the first and second trigger circuits .
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`

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`Application/Control Number: 13/496,516
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`Page 6
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`Art Unit: 2844
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`Haruhiko does not explicitly disclose a control unit that determines a quantity of
`
`light to be emitted by the flash discharge tube and based on a determination the control
`
`unit controls and directs a trigger circuit to switch between a first light emitting mode and
`
`a second light emitting mode.
`
`Sugahara discloses a control unit that determines a quantity of light to be emitted
`
`by the flash discharge tube and based on a determination the control unit controls and
`
`directs a trigger circuit to switch between a first light emitting mode and a second light
`
`emitting mode (see column 2, line 58 — column 3, line 17, see also column 3, lines 21-
`
`35, see further Fig. 4, at 11 — light generation amount controller).
`
`At the time of the invention, it would have been obvious to a person of ordinary
`
`skill in the art to use the Sugahara controller in Haruhiko’s flash discharge tube to
`
`modify the device with reasonable expectation that this would result in a device that
`
`could use a controller to determine a quantity of light to be emitted. Sugahara is
`
`analogous art. Sugahara uses a strobe light with a controller to generate a fixed
`
`amount of light. Furthermore, the use of a controller to determine a quantity of light to
`
`be emitted is well known in the art. There are numerous electronic devices for sale in
`
`the U.S. market at the time of the invention that feature controllers with this function.
`
`This method for modifying the device of Haruhiko was within the ordinary ability of one
`
`of ordinary skill in the art based on the teachings of Sugahara.
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`Therefore, it would have been obvious to one of ordinary skill in the art to
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`combine the teachings Haruhiko and Sugahara to obtain the invention as specified in
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`claim 5.
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`

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`Application/Control Number: 13/496,516
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`Page 7
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`Art Unit: 2844
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`Regarding claim 6 Haruhiko further discloses wherein the control unit applies the
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`voltage to the external triggering electrode through the first or second trigger circuit after
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`switching the first and second modes (Fig. 3, see also paragraph 22, “and with a
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`predetermined actuating signal...”, see also paragraph 25).
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`Regarding claim 7 Haruhiko further discloses wherein the control unit switches to
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`the first mode when making the flash discharge tube emit a small quantity of light and
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`switches to the second mode when making the flash discharge tube emit a large
`
`quantity of light (Fig. 3, see also paragraph 22, “and with a predetermined actuating
`
`signal...”, see also paragraph 25).
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`Regarding claim 8 Haruhiko further discloses mobile device comprising the
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`strobe device of claim 1 (see for example paragraph 1, “artificial source for
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`photography. . .”).
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`Regarding claim 9 Haruhiko further discloses wherein the control unit switches to
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`the first mode when the flash discharge tube emits a small quantity of light and switches
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`to the second mode when the flash discharge tube emits a large quantity of light (Fig. 3,
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`see also paragraph 22, “and with a predetermined actuating signal...”, see also
`
`paragraph 25).
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`

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`Application/Control Number: 13/496,516
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`Page 8
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`Art Unit: 2844
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`Regarding claim 10 Haruhiko further discloses mobile device comprising the
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`strobe device of claim 5 (see for example paragraph 1, “artificial source for
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`photography. . .”).
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1, 5 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Conclusion
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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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`