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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`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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`13/383,694
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`01/12/2012
`
`Hiroshi Saiki
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`MAT—10537US
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`3432
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
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`FAROKHROOZ, FATIMA N
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`ART UNIT
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`2875
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`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/02/2015
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`

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`
`
`Applicant(s)
`Application No.
` 13/383,694 SAIKI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2375FATIMA FAROKHROOZ first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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).
`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).
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`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 on 3/16/15.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20150324
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`Disposition of Claims*
`5)|XI Claim(s) 22 and 23 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s fins/are rejected.
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`is/are objected to.
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`) )
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`_
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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
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`
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`
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`or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`

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`Application/Control Number: 13/383,694
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`Page 2
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`Art Unit: 2875
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`The present application is being examined under the pre-AIA first to invent provisions.
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`Detailed Action
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`Response to Communication
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`The communication filed on 3/16/15 is acknowledged. Applicant's request for
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`reconsideration of the finality of the rejection of the last Office action is persuasive, regarding
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`the projection made of high melting point metal, and therefore, the finality of that action is
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`withdrawn. The action is hereby made final necessitated by the amendment filed on 10/171/4.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made to
`a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
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`Claims 22 and 23 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Chodora (US 5422539) in view of Okanuma (US 20030057835) and Omori (US
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`20030104923 cited reviousl
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`.
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`Regarding claims 22 and 23 , Chodora teaches a flash discharge tube electrode 3 (see
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`Fig.1) sealed to an end of a glass bulb of a flash discharge tube, comprising: an internal
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`electrode led into the glass bulb; a sintered electrode structure 3 connected to a top end of the
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`internal electrode, with an external diameter equal to or smaller than an external diameter of the
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`internal electrode; and a projection (tip of 3) made of a high-melting-point metal ( tungsten,
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`claims 6-7 of Chodora), provided so as to partially project from a top end face of the sintered
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`Application/Control Number: 13/383,694
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`Page 3
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`Art Unit: 2875
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`electrode structure. Chodora is silent regarding the projection projects to a thickness of 0.1 to
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`0.3 mm from the top end face.
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`In the same field of endeavor, Okanuma teaches the tip
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`thickness projects to a thickness of 0.1 to 0.3 mm from the top end face in order to achieve
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`stable radiance (d in fig.2 and [0030], claims 3 and 9-11)
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`Therefore, 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 thickness as disclosed by Okanuma, in the device of Chodora in
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`order to achieve stable radiance.
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`Chodora in view of Okanuma is silent regarding the sintered electrode structure having
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`holes, the diameter of the holes being distributed between 0.75 and 2.70 micrometers and
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`cesium compound being impregnated in the holes.
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`In the same field of endeavor of forming electrodes and to improve their performance,
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`Omori teaches a capacitance electrode with sintered niobium powder with pore size between
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`0.75 and 2.70 micrometer (see Abstract, [0019]-[0020],[0030],[0035]) that is impregnated with
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`cesium ([0055],[0056] and [0080]) in order to achieve low resistance ([0002]). Although the
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`method is used for electrode of capacitor, however it would have been obvious to one of
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`ordinary skill in the art, at the time the invention was made, to use the same technique as
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`disclosed by Omori, in the electrode of Chodora in view of Choi for an electrode of a lamp in
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`order to achieve low resistance.
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`Further for claim 22, although Chodora teaches tungsten/sintered tungsten for the
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`electrode material (claims 6-7 of Chodora), Chodora does not teach the internal electrode and
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`the projection are separate components each other, however, it would have been obvious to a
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`person having ordinary skill in the art at the time the invention was made to provide separate
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`elements that are attached or put together to form one piece in Chodora, since forming in
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`separate pieces and putting together an article which has formerly been formed in two pieces
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`Application/Control Number: 13/383,694
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`Page 4
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`Art Unit: 2875
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`involves only routine skill in the art. As long as the structure of the electrode as claimed is
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`fulfilled by Chodora, either using separate elements for each portion or using a single element
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`forming the specific shape are obvious modifications to one skilled in the art since forming in
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`one piece an article which has formerly been formed in two pieces and putting them together or
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`vice-versa involves only routine skill in the art.
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`For claim 23, Chodora teaches that the electrode comprises sintered tungsten for the
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`electrode material (claims 6 and 7 of Chodora) but does not explicitly teach the internal
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`electrode and the projection are separated via the sintered electrode structure, however since
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`Chodora already teaches the electrode comprises of sintered tungsten and further Chodora
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`also teaches each portion of the electrode as being of different shape and dimension (3 in
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`Fig.1), therefore it would have been obvious to a person having ordinary skill in the art at the
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`time the invention was made to sinter one or more portions of Chodora’s electrode as it is
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`already taught to comprise of sintered tungsten, since the provision of adjustability, where
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`needed, involves only routine skill in the art.
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`Response to Arguments
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`The arguments filed by the Applicant on 10/17/14 is acknowledged and considered,
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`however they are moot in view of new grounds of rejection, wherein US 5422539 teaches
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`projection made of high melting point metal. Further Chodora teaches that the electrode
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`comprises sintered tungsten for the electrode material (claims 6 and 7 of Chodora) but does not
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`explicitly teach the internal electrode and the projection are separated via the sintered electrode
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`structure, however since Chodora already the electrode comprises of sintered tungsten and
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`further Chodora also teaches each portion of the electrode as being of different shape and
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`dimension (3 in Fig.1), therefore it would have been obvious to a person having ordinary skill in
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`Application/Control Number: 13/383,694
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`Page 5
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`Art Unit: 2875
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`the art at the time the invention was made to sinter one or more portions of Chodora’s electrode
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`which is already taught to comprise of sintered tungsten, since the provision of adjustability,
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`where needed, involves only routine skill in the art.
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`It is respectfully noted that as long as the structure of the electrode as claimed is fulfilled
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`by Chodora,either using separate elements for each portion or using a single element forming
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`the specific shapes are obvious modifications of making the device since forming in one piece
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`an article which has formerly been formed in two pieces and putting them together or vice-versa
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`involves only routine skill in the art.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant
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`is reminded of the extension of time policy as set forth in 37 CFR 1.136(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 TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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