`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`13/387,143
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`01/26/2012
`
`Katsushi Sumisaki
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`MAT—10540US
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`5569
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`52473
`7590
`08/21/2013
`W
`RATNERPRESTIA —
`PO. BOX 980
`TRAN, ANHQ
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2819
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`NOT *ICATION DATE
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`DELIVERY MODE
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`08/21/2013
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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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`

`

`
`
`Applicant(s)
`Application No.
` 13/387,143 SUMISAKI ET AL.
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`ANH TRAN first“ 2819
`-- 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 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, 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 () 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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`Status
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`1)IXI Responsive to communication(s) filed on 26 January 2012.
`[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.
`a)I:| 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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`Disposition of Claims
`5)|XI Claim(s) 1-10is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s)_1-10 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* 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"
`
`
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`h/index.‘s or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 26 January 2012 is/are: a)lZl 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)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.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 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)
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`1) E Notice of References Cited (PTO-892)
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`3) I] Interview Summary (PTO-413)
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`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date 1/26/12.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 05-13)
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`Part of Paper No./Mai| Date 20130814
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`Office Action Summary
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`

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`Application/Control Number: 13/387,143
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`Page 2
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`Art Unit: 2819
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`1.
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
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`2.
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`Claims 1-2, 5-6, 9-10 are rejected under pre-AIA 35 U.S.C. 102b as being
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`anticipated by lguchi Susumu (JP 2002-258363 with the computer translation).
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`Claim 1, lguchi shows a light emitting element driver (fig. 1) comprising:
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`a light emitting element (LEDs);
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`driving means (Q1 -Q3, and booster circuit DD1) for driving the light emitting
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`element;
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`an electric accumulation element (C1) that can accumulate electric power; and
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`a battery power supply (BP1) that can supply the electric power to the driving
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`means and the electric accumulation element,
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`wherein the driving means is configured so as to switch between a state in which
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`the electric accumulation element accumulates the electric power supplied from the
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`battery power supply (charging) and a state in which the electric accumulation element
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`supplies the accumulated electric power to the light emitting element (discharging or
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`energization),
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`the electric accumulation element and the light emitting element are connected in
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`parallel to each other with respect to the battery power supply when the electric
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`

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`Application/Control Number: 13/387,143
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`Page 3
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`Art Unit: 2819
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`accumulation element accumulates the electric power supplied from the battery power
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`supply (C1 and LEDs are connected in parallel through Q2 and Q3), and the battery
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`power supply, the electric accumulation element, and the light emitting element are
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`connected in series when the electric accumulation element supplies the accumulated
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`electric power to the light emitting element (BP1, C1, and LEDs are connected in series
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`through Q1 which is ON during energization of the LEDs, see P[0035] from the
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`computer translation).
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`Claim 2, lguchi shows the light emitting element driver according to claim 1,
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`wherein the electric accumulation element is an electric double layer capacitor (an
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`electric double layer capacitor, P[OO26] of computer translation).
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`Claim 5 and 9, lguchi shows a mobile device (camera, P0001) comprising the
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`light emitting element driver according to claim 1 or 2claim 1.
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`Claim 6 and 10, lguchi shows the mobile device according to claim 5, further
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`comprising: an optical system that focuses light; and a light receiving element that
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`receives the light focused by the optical system (inherent elements of the camera, these
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`are the basis elements of the camera).
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`Claim Rejections - 35 USC § 103
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`3.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`

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`Application/Control Number: 13/387,143
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`Page 4
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`Art Unit: 2819
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`4.
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`Claims 3, 7 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`lguchi Susumu (JP 2002-258363 and the computer translation ) in view of Suzuki
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`Tatsuya ((JP 2007-135352 and the computer translation).
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`lguchi discloses the claimed invention except for wherein the driving means
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`further includes an over-electric-accumulation preventing unit that stops the battery
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`power supply from supplying the electric power to the electric accumulation element
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`when the electric accumulation element accumulates the electric power up to a
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`predetermined voltage value.
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`However, Suzuki discloses an over-electric-accumulation preventing unit (a
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`voltage detector 23, fig. 2 and P[OO16] from the computer translation) that stops the
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`battery power supply from supplying the electric power to the electric accumulation
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`element when the electric accumulation element accumulates the electric power up to a
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`predetermined voltage value.
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`It would have been obvious to one having ordinary skill in the art at the time the
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`invention was made to provide the LED driver of lguchi with the voltage detector of
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`Suzuki, in order to stop the booster circuit DD1 from overcharging the capacitor C1,
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`thereby the capacitor can be protected from a surcharge or damage.
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`5.
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`Claims 4, 8 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`lguchi Susumu (JP 2002-258363 and the computer translation ) in view of lshii Masashi
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`(JP 11-282062 and the computer translation).
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`lguchi discloses the claimed invention except for an RF circuit to which the
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`electric power is supplied from the battery power supply when the RF circuit conducts
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`

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`Application/Control Number: 13/387,143
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`Page 5
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`Art Unit: 2819
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`radio communication with an outside; and a light emission preventing unit that prevents
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`the driving means from supplying the electric power to the light emitting element while
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`the RF circuit conducts communication.
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`However, lshii discloses an RF circuit (fig. 1) to which the electric power is
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`supplied from the battery power supply when the RF circuit conducts radio
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`communication with an outside; and a light emission preventing unit (control means, see
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`claim 7, P[0015] and P[0017]) that prevents the driving means from supplying the
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`electric power to the light emitting element while the RF circuit conducts communication.
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`It would have been obvious to one having ordinary skill in the art at the time the
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`invention was made to provide the LED driver of lguchi inside the RF circuit of lshii with
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`a discriminating means and the control means, in order to stop the noise produced by
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`charge or luminescence of the capacitor acted on the radio signal.
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`Conclusion
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`6.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`lmanaka (2009/0160367) discloses a LED driver having a capacitor for charging
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`and discharging, when discharging the power battery, the capacitor and the LED are
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`connected in series.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANH TRAN whose telephone number is (571 )272—1 81 3.
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`The examiner can normally be reached on M-Th (8:00-6:30).
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`