`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
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`14/395,107
`
`10/17/2014
`
`Toshiaki Takenaka
`
`MAT—10637US
`
`4615
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`PAYNE, SHARONE
`
`ART UNIT
`
`2875
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`08/17/2016
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/395,107 TAKENAKA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`SHARON PAYNE its“ 2875
`-- 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 5/3/16.
`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: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) His/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-7is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I: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
`:/'/\W¢W.LISI>I‘.0. ovI’ 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)I:l 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).
`
`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
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`12)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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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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.
`
`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) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160803
`
`

`

`Application/Control Number: 14/395,107
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`Page 2
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`Art Unit: 2875
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`DETAILED ACTION
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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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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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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
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`disclosed or described as set forth in section 102 of this title, if the
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`differences between the subject matter sought to be patented and the
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`prior art are such that the subject matter as a whole would have been
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`obvious at the time the invention was made to a person having ordinary
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`skill in the art to which said subject matter pertains. Patentability shall not
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`be negatived by the manner in which the invention was made.
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`

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`Application/Control Number: 14/395,107
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`Page 3
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`Art Unit: 2875
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`Claims 1-2 and 5-7 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Fuke et al. (U.S. Patent 5,911,085, hereinafter "Fuke") in view of
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`Takami (U.S. Patent 5,361,120).
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`Regarding claim 1, Fuke discloses a strobe main body (Fig. 2, top); a light emitter
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`rotatably coupled to the strobe main body (Fig. 2, see bulb 5 and reflector 4 at top) ; a
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`variable mechanism capable of changing an illumination direction angle of the light
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`emitter (Fig. 2 and abstract); and a driver that drives the variable mechanism (11), a
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`detector that detects that abnormal force is applied to the variable mechanism (19, 14b,
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`13). Fuke does not disclose a fault compensator as described in the claim.
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`Takami discloses a detector that detects a ieree appiiect te the variahte
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`mechanism item a eeuree other than the driver (eelumn 6., iinee 15—25), the feree
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`appiieti ih a directieh te change the iiitimirtatien direction angie ef the Eight emitter er te
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`Step at ineventeht at the Eight emitter during driving of the variabie meehaniern te Change
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`the iiiumihatieh direction angie ef the Eight emitter {eeiiirnn 6, iinee 1595); and e
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`detectieh reeeeneive centreiier that eehtrete the driver te drive the variahie meehaniern
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`te change the itiurninatiert direetieh angie et the tight emitter baeeti eh the terce
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`detected by the detecter (eettrrhn t3, iine 55, to eeiumh 5, the W),
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Takami in the apparatus of Fuke to turn
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`off the apparatus before a collision (column 6, lines 15-30 of Takami).
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`

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`Application/Control Number: 14/395,107
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`Page 4
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`Art Unit: 2875
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`Concerning claim 2, Fuke discloses the detector wherein the detector further
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`includes a direction detector that detects a direction in which the abnormal force is
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`applied to the variable mechanism (19, 14b, 13).
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`Regarding claim 5, Fuke does not disclose a limiting agent as described in the
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`claim. Takami discloses wherein when the detector detects the force with the driver in
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`operation, the detection responsive controller controls the driver so that the driver limits
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`a movement of the light emitter in a direction in which the light emitter is moving
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`(column 6, lines 25-30).
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Takami in the apparatus of Fuke to turn
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`off the apparatus before a collision (column 6, lines 15-30 of Takami).
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`Regarding claim 6, Fuke discloses a strobe main body (Fig. 2, t0p); a light
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`emitter rotatably coupled to the strobe main body (Fig. 2, see bulb 5 and reflector 4 at
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`top) ; a variable mechanism capable of changing an illumination direction angle of the
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`light emitter (Fig. 2 and abstract); and a driver that drives the variable mechanism (11).
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`Fuke does not disclose an obstacle detector.
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`Takami discloses an obstacle detector that detects that the iight emitter is going to
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`ceiiide with an ohstacie within a herizorttai or a, verticai rotation area at the tight emitter (ceiumh
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`6, tines 15—36): and a detectieh responsive centretier that eehtreie the driver to drive the veriahie
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`mechahiem to prevent the tight emitter tram eeiiidihg with the ebetacie when the ebetacie
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`

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`Application/Control Number: 14/395,107
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`Page 5
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`Art Unit: 2875
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`detector detects that the light emitter is going; to collide with the obstacle (column 6, lines 155—
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`:30),
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Takami in the apparatus of Fuke to turn
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`off the apparatus before a collision (column 6, lines 15-30 of Takami).
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`Concerning claim 7, Fuke does not disclose limiting the motion of the strobe as
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`described in the claim. Takami discloses wherein when the obstacle detector detects
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`an obstacle with the driver in operation (column 6, lines 15-30) the detection responsive
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`controller controls the driver so that the driver limits a movement of the light emitter in a
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`direction in which the light emitter is moving (column 6, lines 15-30).
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Takami in the apparatus of Fuke to turn
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`off the apparatus before a collision (column 6, lines 15-30 of Takami).
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`Claims 3-4 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
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`over Fuke in view of Takami and Olympus (JP 2007/219265 A).
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`Regarding claim 3, Fuke and Takami do not disclose the compensator as
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`described in the claim. Olympus discloses wherein when the detector detects the
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`abnormal force with the driver not in operation, the detection responsive controller
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`controls the driver so that the driver drives the light emitter in the direction in which the
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`abnormal force is applied (English abstract).
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`Application/Control Number: 14/395,107
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`Page 6
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`Art Unit: 2875
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Olympus in the apparatus of Fuke and
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`Takami to avoid internal damage from pressing against a force.
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`Concerning claim 4, Fuke and Takami do not disclose the stop mechanism as
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`described in the claim. Olympus discloses wherein when the detector no longer detects
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`the abnormal force, the detection responsive controller controls the driver so that the
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`driver stops driving the light emitter (English abstract).
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`(The apparatus will stay in the
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`current notch when the force stops.)
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the configuration of Olympus in the apparatus of Fuke and
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`Takami to avoid internal damage from pressing against a force.
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1-7 have been considered but are
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`moot due to new grounds of 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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`

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`Application/Control Number: 14/395,107
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`Page 7
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`Art Unit: 2875
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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 SHARON PAYNE whose telephone number is
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`(571 )272—2379. The examiner can normally be reached on regular business hours.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Diane Lee can be reached on (571) 272-2399. 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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`

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`Application/Control Number: 14/395,107
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`Page 8
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`Art Unit: 2875
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`Information regarding the status of an application may be obtained from the
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`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.
`
`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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`USPTO Customer Service Representative or access to the automated information
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`
`/SHARON PAYNE/
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`Primary Examiner, Art Unit 2875
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`

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`Application/Control Number: 14/395,107
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`Page 9
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`Art Unit: 2875
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