UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/240,305
`
`08/18/2016
`
`Masatoshi UENO
`
`HOKUP0327US
`
`5340
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`YESILDAG LAURA G
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`ART UNIT
`2844
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`05/16/2019
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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
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/240,305
`Examiner
`LAU RA YESILDAG
`
`Applicant(s)
`UENO etal.
`Art Unit
`2844
`
`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
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`1). Responsive to communication(s) filed on 4/23/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; 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
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—12 is/are pending in the application.
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`5a) Of the above claim(s) fl is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`E] Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* 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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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11):] The drawing(s) filed on
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`is/are: a)C] accepted or b)Ej 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)C] 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)C] All
`
`b)C] Some**
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`c)C] None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190501
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 2
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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Foreign Priority
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`The present application claims the benefit of priority of japanese Patent Application No,
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`2015179032, filed on September 11, 2015, which is acknowledged. E-iowever, Applicant cannot
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`rely upon the certified copies of foreign priority papers because a certified English translation of
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`said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP §§ 215
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`and 216.
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`Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)—
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`(d), a certified English translation of the foreign application must be submitted in reply to this
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`action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in
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`no benefit being accorded for the non—English application.
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`Claim Rejections - 35 USC § 112 (b)
`
`The following is a quotation of 35 U.S.C.112(b):
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`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
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`pointing out and distinctly claiming the subject matter which the inventor or a joint
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`inventor regards as the invention.
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`The following is a quotation of 35 U.S.C.112(pre—A|A), second paragraph:
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`The specification shall conclude with one or more claims particularly pointing out and
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`distinctly claiming the subject matter which the applicant regards as his invention.
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`

`

`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 3
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`Claims 1—5 re'ected under 35 U.S.C. 112 b or 35 U.S.C. 112
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`re—AIA second ara ra h
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`as being indefinite for failing to particularly point out and distinctly claim the subject matter
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`which the inventor or a joint inventor, or for pre—AIA the applicant regards as the invention.
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`Claim 1 recites the lighting control device further comprising a switch configured to be
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`electrically connected between a power supply, which supplies electrical power to the controller
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`and the diagnostic circuit, and the diagnostic circuit which renders the limitation indefinite since
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`it is unclear whether the power supply supplies additional power to the diagnostic circuit orjust
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`the controller, or both or if the switch which is connected to the power supply is also connected
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`to the diagnostic circuit as well. Proper clarification is required.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention
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`is not identically disclosed as set forth in section 102 of this title, if the differences between the
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`claimed invention and the prior art are such that the claimed invention as a whole would have
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`been obvious before the effective filing date of the claimed invention to a person having ordinary
`
`skill in the art to which the claimed invention pertains. Patentability shall not be negated by the
`manner in which the invention was made.
`
`
`Note: In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`Claims 1-5 are re'ected under 35 U.S.C. 103 as bein
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`un atentable over Ara ai US
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`201310062936) in further view of Kamiya jUS 2015(0001924).
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`Regarding claim 1,
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
`
`Page 4
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`Aragai discloses in Figs.
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`1—9 a lighting control device (load control device 112/311)
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`comprising:
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`a controller (first command part controller 121/321 or CPU 232) configured to output a
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`control signal based on an indicating signal indicating whether to turn on or off a light
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`source of a vehicle ([0067] first command part 121 receives an indicating signal from the
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`manipulation part indicating to start or stop the load 113, and [0068] Based on a manipulation
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`signal from the manipulation part 111, the first command part 121 issues a command to the
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`electric—power supply controller 124 to supply the electric power to the load 113, and [0084]
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`CPU 232 can detect whether the ignition switch or the power switch is to set to the ignition
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`or the on state based on a detection result of the on and off states of the ignition power
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`source and [0121]);
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`a diagnosis circuit (monitor circuit 122 or WDT IC 233) configured to output a first signal
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`when detecting irregular operation of the controller ([0038—0039] a monitor circuit that
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`monitors existence or non—existence of an abnormality of the first command part controller,
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`and outputs a fault detection signal when the abnormality of the first command part is
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`detected, and [0069] fault detection or reset signal is outputted when the monitor detects
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`abnormality of the first command part);
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`a latch circuit (second command pa rt IC circuit 123/ 322, transistor integrating circuit 234)
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`configured to set second signal in a first state until receiving the first signal and set the
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`second signal in a second state when receiving the first signal ([0032] the second command
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`part issues the second command while the first command part operates normally and [0014]
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 5
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`the second command part issues the second command to supply the electric power to the
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`load when the reset signal is inputted from the monitor and [0070], [0102] and [0147]); and
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`a logic circuit (power supply controller 124 or high—side driver 32/235) configured to:
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`receive an ignition signal indicating whether a motor of the vehicle is in an
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`activated state or a rest state, the control signal and the second signal ([0007] high side
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`driver 32 receives ignition signal as input voltage similar to the command signal inputted
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`and [0084] CPU 232 detects the ON and OFF states ofthe ignition power source based on
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`the input voltage), the logic circuit being configured to: control the light source in
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`accordance with the control signal while the second signal is in the first state, and
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`control the light source in accordance with the ignition signal while the second signal is
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`in the second state ([0104] Based on lighting command signal or the abnormal state
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`lighting command signal, the high—side driver 235 controls the lighting and turn—off of the
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`headlight and [0120] the CPU 232 controls the output of the lighting command signal
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`based on the state of the ignition power source IG providing input voltage signal and
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`[0121] the CPU 232 stops the output of the lighting command signal while the lighting
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`command signal is set to the low level state, while the off state of the ignition power
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`source IG is detected. Therefore, the headlight 213 is turned off. The CPU turns on the
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`headlight 123 when ON state of the ignition power source IG is detected and the lighting
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`command signal is on high level state, therefore the headlight 123 is lit and [0122] even
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`if the CPU 232 has communication failure, the ignition switch of the vehicle is set to the
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`ignition to turn on the ignition power source IG, which allows the headlight 213 to be lit,
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 6
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`electric—power supply logic controller controls the supply of the electric power to the load
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`based on the first command and/or the second command).
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`the lighting control device further comgrising a switch configured to be electricallz
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`connected between a gower sugglz, which sugglies electrical gower to the controller and the
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`dia nostic circuit
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`sto
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`art 323 includes switchin
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`element such as a transistor
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`and the
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`diagnostic circuit and the latch circuit being configured to turn off the switch when receiving
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`the first signal ([0129] The reset signal outputted from the WDT IC 233 is inputted to the drive
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`retaining and integrating circuit 234 or second command part. The transistor TR21 is turned on
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`while the reset signal is set to the low level, and the transistor TR21 is turned off while the reset
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`signal is set to the high level, and [0147] the latch stop part 323 includes an electric circuit
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`including a switching element, such as a transistor.
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`In the case that the stop signal is inputted
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`from the first command part 321, the stop part 323 causes the second command part 322 to stop
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`the command to the electric—power supply controller 124 to supply the electric power to the load
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`113).
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`Although the limitations are disclosed by Aragai as cited above, furthermore, Kamiya may
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`explicitly specify a logic circuit configured to control the load or light source in accordance with
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`control signal while the second signal is in the first state ([0018] and [0020] and control the light
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`source in accordance with the control signal while the second signal is in the first state ([0012—
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`0013]).
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`Thus, prior to the effective filing date of the claimed invention, it would have been obvious
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`to one of ordinary skill in the art to recognize the benefit of modifying Aragai by incorporating
`
`the features taught Kamiya in order to further enhance the logic circuit of Aragai to ”provide a
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 7
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`latching relay drive circuit used for a vehicle which, even when a trouble is caused to a control
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`signal output of a controller, enables to arbitrarily turn on and off the latching relay used for
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`turning on and off a load of a vehicle according to usage condition and the like of the load."
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`([0011]), thus, even when the trouble is caused to the control signal output of the controller of
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`the vehicle, the latching relay can be arbitrarily turned on or off [0014]).
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`Regarding claim 2, the combination prior art discloses lighting control device according to
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`claim 1, wherein the controller is configured in Fig. 1 and 9 to set the control signal in a first state
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`when the indicating signal indicates turning on the light source and set the control signal in a
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`second state when the indicating signal indicates turning off the light source and ignition signal
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`is in a first state while the motor of the vehicle is in the activated state; the ignition signal is in a
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`second state while the motor of the vehicle is in the rest state, the logic circuit is configured to
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`turn on the light source while the second signal is in the first state and the control signal is in the
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`first state, turn off the light source while the second signal is in the first state and the control
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`signal is in the second state, turn on the light source while the second_signal is in the second state
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`and the ignition signal is in the first state, and turn off the light source while the second signal is
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`in the second state and the ignition signal is in the second state ([0084], [0121—122], [0129],
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`[0135], [0187]).
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`Regarding claim 3, the combination prior art discloses that the latch circuit is configured to
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`set the second signal
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`in the first state when receiving a reset signal
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`is configured to when
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`determining that the controller can communicate with a sender outputting the indicating signal
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
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`Page 8
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`output reset signal to the latch circuit at a timing of setting the control signal in either the first or
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`second state ([0121—122] and [0103] and [0208]).
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`Regarding claim 4, the combination prior art discloses that the latch circuit is configured to
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`set the second signal
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`in the first state when receiving a reset signal and the controller is
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`configured to when determining that the controller can communicate with a sender outputting
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`the indicating signal output reset signal to the latch circuit at a timing of setting the ignition signal
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`in either the first or second state ([0084], [0103], [0121—122] and [0208]).
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`Regarding claim 5, the combination prior art discloses the latch circuit is configured to set
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`the second signal in the first state when receiving a reset signal and the controller is configured
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`to start a process of periodically outputting the reset signal to the latch circuit when determining
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`that the controller can communicate with a sender outputting the indicating signal ([0068],
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`[0086], [0114], [0123]).
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`Response to Amendment and Arguments
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`Applicant’s amendment and arguments have been acknowledged however does not
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`overcome the prior art since they are found to be unpersuasive.
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`Furthermore, Kamiya explicitly specifies the amended claim 1 having a logic circuit configured
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`to control the load or light source in accordance with control signal while the second signal is in
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`the first state ([0018] and [0020]) and control the light or load in accordance with the ignition
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`signal while the second signal is in the second state ([0012—0013]). Thus, prior to the effective
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`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
`
`Page 9
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`filing date ofthe claimed invention, it would have been obvious to one of ordinary skill in the art
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`to recognize the benefit of modifying Aragai by incorporating the features taught Kamiya in order
`
`to further enhance the logic circuit of Aragai to ”provide a latching relay drive circuit used for a
`
`vehicle which, even when a trouble is caused to a control signal output of a controller, enables
`
`to arbitrarily turn on and off the latching relay used for turning on and off a load of a vehicle
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`according to usage condition and the like ofthe load." [0011].
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to LAURA YESILDAG whose telephone number is (571) 270—5066. Examiner
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`interviews
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`are
`
`available
`
`using
`
`the USPTO Automated
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`(AIR)
`
`at
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`
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`filing
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`
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`
`see
`
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`
`

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`Application/Control Number: 15/240,305
`Art Unit: 2844
`
`Page 10
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`/Laww Ye/yl/Lotag/
`
`Patent Examiner, Art Unit 2844
`
`/JIMMY T VU/
`
`Primary Examiner, Art Unit 2844
`
`