`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
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`15/240,305
`
`08/18/2016
`
`Masatoshi UENO
`
`HOKUP03Z7US
`
`5340
`
`05/08/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`YESILDAG’ LAURA G
`1621 EUCLID AVENUE
`19TH FLOOR
`
`PAPER NUMBER
`
`CLEVELAND, OH 44115
`
`2844
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`05/08/2018
`
`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.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ipdocket @rennerott0.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/240,305 UENO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2844LAURA YESILDAG $233
`
`-- 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 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) 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
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed onW.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)IXI An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`3/21/18; 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.
`
`3) I] Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 8/18/2016.
`4) D Other: —-
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180327
`
`Disposition of Claims*
`5)|XI CIaim(s)1-_12is/are pending in the application.
`5a) Of the above claim(s) 6-_12 is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L5 is/are rejected.
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`is/are objected to.
`
`) )
`
`_
`
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`are subject to restriction and/or election requirement.
`9)|:l 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`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).
`
`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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI 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: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.
`
`Attach ment(s)
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`
`
`

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`Application/Control Number: 15/240,305
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`Page 2
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`Art Unit: 2844
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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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`Election/Restriction
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`1. Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`|.
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`Claims 1-5, drawn to an apparatus, e.g., a lighting control device with a controller
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`and a diagnosis circuit for detecting irregular operations of the controller, a latch
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`circuit implementing a lighting signal based on the irregular signal and a logic circuit
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`controlling a light source based on the control signal and ignition signal, classified in
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`BBOQ1/1415.
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`||.
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`Claims 6-7, drawn to an apparatus, e.g., a lighting control device comprising a
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`warning circuit configured to provide notice when receiving an informing signal,
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`classified in BBOQ2300/146.
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`|||.
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`Claims 8-12, drawn to a vehicle having vehicle body in which a lighting device is
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`installed, and a warning device used inside of the vehicle body, classified in
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`F21Y2115/10.
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`The inventions are independent or distinct, each from the other because:
`
`a.
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`Inventions | and II and III are directed to distinct inventions. The related inventions are
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`combination and subcombinations as disclosed.
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`Inventions are distinct if it can be
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`shown that (1) the combination as claimed does not require the particulars of the
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`

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`Application/Control Number: 15/240,305
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`Page 3
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`Art Unit: 2844
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`subcombination as claimed for patentability, and (2) that the subcombination has utility
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`by itself or in other combinations (MPEP § 806.05(c)).
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`b.
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`In the instant case,
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`invention I as claimed recites a lighting control device with a
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`controller and a diagnosis circuit for detecting irregular operations of the controller, a
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`latch circuit implementing a lighting signal based on the irregular signal and a logic
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`circuit controlling a light source based on the control signal and ignition signal. Invention
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`II, however, differs in configuration, comprising a lighting control device having a
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`warning circuit.
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`Invention III recites a vehicle having a lighting device installed. The
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`inventions are not materially the same design or mode of operation and have separate
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`utility.
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`Invention III
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`is directed to a vehicle combination that can include a lighting
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`device. The combination of Invention I, does not require the particulars of invention II
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`as claimed because Invention I does not require a warning circuit, for example. The
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`subcombination Invention II has separate utility such as a warning device and does not
`
`require the particulars of invention II or invention III. The inventions have separate
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`utility by themselves or in other combinations. The examiner has required restriction
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`between combination and subcombination inventions. Where applicant elects a
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`subcombination, and claims thereto are subsequently found allowable, any claim(s)
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`depending from or otherwise
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`requiring all
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`the
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`limitations of
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`the
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`allowable
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`subcombination will be examined for patentability in accordance with 37 CFR 1.104.
`
`See MPEP § 821.04(a). Applicant is advised that if any claim presented in a continuation
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`or divisional application is anticipated by, or includes all the limitations of, a claim that is
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`

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`Page 4
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`Art Unit: 2844
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`allowable in the present application, such claim may be subject to provisional statutory
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`and/or nonstatutory double patenting rejections over the claims of the instant
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`application.
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`Applicant
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`is required under 35 U.S.C. 121 to elect a single disclosed invention, for
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`prosecution on the merits to which the claims shall be restricted if no generic claim is finally
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`held to be allowable. Applicant is advised that the reply to this requirement to be complete
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`must include (i) an election of an invention to be examined even though the requirement be
`
`traversed (37 CFR 1.143) and (ii)identification of the claims encompassing the elected invention,
`
`including any claims subsequently added. An argument that a claim is allowable or that all
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`claims are generic is considered nonresponsive unless accompanied by an election.
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`The election may be made with or without traverse. To preserve a right to petition, the
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`election must be made with traverse. Traversal must be presented at the time of election in
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`order to be considered timely. Failure to timely traverse the requirement will result in the loss
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`of right to petition under 37 CFR 1.1 44.
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`Applicant is reminded that upon the cancellation of claims to a non-elected invention,
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`the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the
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`currently named inventors is no longer an inventor of at least one claim remaining in the
`
`application. Any amendment of inventorship must be accompanied by a request under 37 CFR
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`1.48(b) and by the fee required under 37 CFR 1.17(i).
`
`Applicant elected claims 1-5 without traverse, on March 21, 2018 over the telephone,
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`thus claims 6-12 are withdrawn.
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`

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`Application/Control Number: 15/240,305
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`Page 5
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`Art Unit: 2844
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`Foreign Priority
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`The present application Claims the benefit of priority offiapanese Patent Application No.
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`2015~179032,fiied on Septen'iber 11, 2015, which is acknowledged.
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`However, Applicant cannot rely upon the certified copies of foreign priority papers
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`because a certified English translation of said papers has not been made of record in
`
`accordance with 37 CFR 1.55. See MPEP §§ 215 and 216.
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`Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-
`
`(d), a certified English translation of the foreign application must be submitted in reply to this
`
`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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`Information Disclosure Statement (IDS)
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`The IDS submitted on August 18, 2016 in compliance with the provisions of 37 CFR 1.97
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`has been considered by the Examiner.
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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:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`
`between the claimed invention and the prior art are such that the claimed invention as a whole
`
`would have 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
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`negated by the manner in which the invention was made.
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`

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`Application/Control Number: 15/240,305
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`Page 6
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`Art Unit: 2844
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`Note: In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`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 1-2 and 5 are re'ected under 35 U.S.C. 103 as bein un atentable over Ara ai | US
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`2013(0214592) in view of Aragai II (US 2013(0062936).
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`Regarding claim 1, Aragai | discloses in Fig. 1 and Fig. 9 a lighting control device (power
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`supply control circuit 101) comprising: a controller (switching control circuit 111 including a
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`CPU 121) configured to output a control signal based on an indicating signal indicating
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`whether to turn on or offa light source ofa vehicle ([0053-54] CPU 121 transmits control signal
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`to issue an instruction to electrically connect or disconnect power supply 102 from a load 103
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`based on a reset signal, however when abnormality occurs [0202]
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`the counter overflow
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`exceedance occurs and the reset signal
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`is transmitted to the reset
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`terminal of the CPU
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`indicating abnormality); a diagnosis circuit (monitor circuit 112) configured to output an
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`irregular signal when detecting irregular operation of the controller ([0056] monitor circuit
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`112 monitors existence or non-existence of an abnormality of the CPU 121 or switching control
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`circuit 111, when abnormality is detected, the monitor circuit 112 transmits a reset signal to
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`reset the state of the switching control circuit when detecting abnormality of the switching
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`control circuit or CPU); a latch circuit (Fig. 10 latch 714; [0011] the switching part includes a
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`relay or a combination of a latch IC and a switching element) configured to set a forcibly
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`lighting signal in a first state until receiving the irregular signal and set the forcibly lighting
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`signal in a second state when receiving the irregular signal ([0020] the first state is a state in
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`

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`Application/Control Number: 15/240,305
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`Page 7
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`Art Unit: 2844
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`which the relay electrically connects the power supply to the load, and the second state is a
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`state in which the relay electrically disconnects the power supply from the load, [0181] when
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`input voltage at the reset terminal of the latch 714 becomes high, the disconnection instruction
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`signal is received and the latch 714 starts the disconnection state (second state) of outputting
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`the electric-power supply and transistor is turned off); and a logic circuit (switching circuit 613)
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`configured to receive the control signal, and the forcibly lighting signal (Fig. 9 control signal,
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`disconnection and connection signals, abnormal time connection instruction signal), the logic
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`circuit being configured to control the light source in accordance with the control signal while
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`the forcibly lighting signal is in the first state ([0160] switching circuit 613 can switch between
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`the connection state in which the power supply 102 is electrically connected to the load 103
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`and the disconnection state in which the power supply 102 is electrically disconnected from the
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`load, [0020] the first state is a state in electrical connection of the power supply to the load,
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`and the second state is a state in electrical disconnection of the power supply from the load).
`
`Although Aragai
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`| teaches the logic circuit as recited above, Aragai
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`| perhaps may not
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`explicitly specify that the logic circuit
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`is configured to receive an ignition signal indicating
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`whether a motor of the vehicle is in an activated state or a rest state and further configured to
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`control the light source in accordance with the ignition signal while the forcibly lighting signal is
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`in the second state.
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`Nonetheless, Aragai
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`|| explicitly discloses that the logic circuit configured to receive an
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`ignition signal indicating whether a motor of the vehicle is in an activated state or a rest state
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`([0084] CPU 232 detects the ON and OFF state of the ignition power source) and further
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`Page 8
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`Art Unit: 2844
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`configured to control the light source in accordance with the ignition signal while the forcibly
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`lighting signal is in the second state ([0120] the CPU 232 controls the output of the lighting
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`command signal based on the state of the ignition power source IG providing input voltage
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`signal and [0121] the CPU 232 stops the output of the lighting command signal while the
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`lighting command signal is set to the low level state, while the off state (second state) of the
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`ignition power source IG is detected. Therefore, the headlight 213 is turned off. The CPU turns
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`on the 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 if the
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`CPU 232 has communication failure, the ignition switch of the vehicle is set to the ignition to
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`turn on the ignition power source IG, which allows the headlight 213 to be lit).
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`Based on Aragai ||, one of ordinary skill in the art would have recognized that it is old and
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`well known to receive an ignition signal
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`indicating whether a motor of the vehicle is in an
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`activated state or a rest state (on or off state) and further configured to control the light source
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`in accordance with the ignition signal being in a on or off state while the forcibly lighting signal
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`is in a first or second state.
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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
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`the features taught by Aragai II in order to further enhance the logic circuit of Aragai I such that
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`”the vehicle load can surely be actuated even if communication failure is generated” and
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`”headlights can be lit during the running of the vehicle to ensure safe driving” (Aragai || [0022]
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`and [0122] respectively).
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`

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`Application/Control Number: 15/240,305
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`Page 9
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`Art Unit: 2844
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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
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`state when the indicating signal indicates turning on the light source (Aragai | [0008]), and set
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`the control signal in a second state when the indicating signal indicates turning off the light
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`source (Aragai | [0008]), and ignition signal is in a first state while the motor of the vehicle is in
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`the activated state; the ignition signal is in a second state while the motor of the vehicle is in
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`the rest state (Aragai || [0084]), the logic circuit is configured in Fig. 1 and 9 to turn on the light
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`source while the forcibly lighting signal is in the first state and the control signal is in the first
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`state, turn off the light source while the forcibly lighting signal
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`is in the first state and the
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`control signal is in the second state (Aragai | [0009] and claim 6), turn on the light source while
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`the forcibly lighting signal is in the second state and the ignition signal is in the first state, and
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`turn off the light source while the forcibly lighting signal is in the second state and the ignition
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`signal is in the second state (Aragai || [0121-122]).
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`Regarding claim 5, the combination prior art discloses the latch circuit is configured to set
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`the forcibly lighting signal in the first state when receiving a reset signal (Aragai I; [0009] when
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`abnormality of the switching control circuit is detected, the reset signal is transmitted and the
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`third control signal which represents the abnormal time connection signal is transmitted to the
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`switching part/latch IC which sets the lighting signal to a first state and further [0012] and
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`[0057]) and the controller (Fig. 1 switching control circuit 111 including a CPU 121) is configured
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`Application/Control Number: 15/240,305
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`Page 10
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`Art Unit: 2844
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`to start a process of periodically outputting the reset signal (Fig. 1 and 9 and [0012] and [0104])
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`to the latch circuit (Fig. 10 latch 714) when determining that the controller can communicate
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`with a sender outputting the indicating signal ([0103] and [0208]).
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LAURA YESILDAG whose telephone number is (571) 270-5066.
`
`Examiner interviews are available using the USPTO Automated Interview Request
`
`(AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`For sending Interview agendas, the Examiner’s direct fax number is (571) 270-6066.
`
`Communications via Internet email are at
`
`the discretion of the Applicant by filing an
`
`Authorization for Internet Communication. Without filing a formal written authorization by
`
`Applicant in place, the USPTO will not respond via email to any Internet email correspondence
`
`which contains information subject to the confidentiality requirement as set forth in 35 U.S.C.
`
`122.
`
`For
`
`filing
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`Authorization
`
`for
`
`Internet
`
`Communication,
`
`please
`
`see
`
`https://www.uspto.gov/sites/default/files/documents/sb0439.pdf.
`
`The Examiner's Part-Time work schedule and general availability is typically Monday,
`
`Thursday and Friday from 8:00 am - 5:00 pm.
`
`If attempts to reach the Examiner are
`
`unsuccessful, the Examiner’s Supervisor, DOUGLAS W. OWENS can be reached at (571) 272-
`
`1662.
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`

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`Application/Control Number: 15/240,305
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`Page 11
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`Art Unit: 2844
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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 published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`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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`
`/wa waag/
`
`Patent Examiner, Art Unit 2844
`
`March 31, 2018
`
`/DEDEI K. HAMMOND/
`
`Primary Examiner, Art Unit 2844
`
`