`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`13/496,516
`
`03/16/2012
`
`Yasushi Ogino
`
`MAT—10549US
`
`1674
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`LOTTER, DAVID E
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2844
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/04/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
` . _ _ _ 13/496,516 OGINO ET AL.
`
`
`
`Applicant-Initiated Interwew Summary
`
`
`
`Examiner
`
`
`
`Art Unit
`
`
`
`DAVID LOTTER
`
`2844
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1 ) DA VlD LOTTER.
`
`(2) Alex Taningco.
`
`Date of Interview: 21 January 2015.
`
`(3)Jack Jan/<0 vitz, Esg.
`
`(4)_-
`
`Type:
`
`I:I Video Conference
`IZI Telephonic
`I:l Personal [copy given to: El applicant
`
`|:| applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`
`If Yes, brief description:
`
`I:l Yes
`
`IZI No.
`
`Issues Discussed D101 D112 D102 IXI103 |:IOthers
`(For each of the checked b0x(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: _1.
`
`Identification of prior art discussed: Haruhiko and Sugahara.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Discussed 112 issues relating to claim 1. Discussed claim 1 in light of Haruhiko in view of Sugahara. Agreed that the
`amended claim 1 overcomes Haruhiko in view of Suguhara. No other consensus reached.
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
`section 713.04). If a reply to the last Office action has already been filed, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of
`the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`|:| Attachment
`lDAVID LOTTER/
`Examiner, Art Unit 2844
`
`US. Patent and Trademark Office
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20150121
`
`

`

`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reached at the interview.
`
`Summary of Record of Interview Requirements
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed bythe applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`A“ business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner‘s responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`“Contents” section of the file wrapper.
`In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant‘s correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`—Application Number (Series Code and Serial Number)
`— Name of applicant
`— Name of examiner
`— Date of interview
`—Type of interview (telephonic, video-conference, or personal)
`—Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`—An indication whether or not an exhibit was shown or a demonstration conducted
`—An identification of the specific prior art discussed
`— An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`—The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant‘s record of the substance of an interview.
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner‘s version of the
`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
`paper recording the substance of the interview along with the date and the examiner‘s initials.
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/496,516 OGINO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`DAVID LOTTER its“ 2844
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/29/2014.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)|:I 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.
`
`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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1,3 and4 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)|:I Claim(s)
`
`7)|Z| Claim(s)_,_1 3 and4 is/are rejected.
`8)|:| Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\WIIW.LIsnto. ov/ atentS/init events/
`
`
`
`i1/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 12/29/2014, 3/16/2012 is/are: a)lZ| accepted or b)|:l 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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) m Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date 2/05/2015 3/16/2012.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20150121
`
`

`

`Application/Control Number: 13/496,516
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`Page 2
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`Art Unit: 2844
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`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`Priority
`
`Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C.
`
`119(a)-(d), which papers have been placed of record in the file.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
`
`102 that form the basis for the rejections under this section made in this Office action:
`
`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.
`
`Claims 1, 3 and 4 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated
`
`by the English translation of Haruhiko (JP 2003-288861).
`
`Regarding claim 1 Haruhiko discloses a strobe device comprising:
`
`a flash discharge tube (Fig. 1, at 10 — flash discharge tube);
`
`a plurality of external triggering electrodes (Fig. 1, at 14, 15 - electrodes) formed
`
`on an outer surface of the flash discharge tube wherein a first combination comprises at
`
`least one of the external triggering electrodes having a first predetermined attachment
`
`

`

`Application/Control Number: 13/496,516
`
`Page 3
`
`Art Unit: 2844
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`area to the flash discharge, a second combination comprises at least one other of the
`
`external triggering electrodes having a second predetermined attachment area to the
`
`flash discharge tube, and the second predetermined attachment area is larger than the
`
`first predetermined attachment area (paragraphs 0022-0023); and the second
`
`predetermined attachment area is larger than the first predetermined attachment area;
`
`a single trigger circuit (paragraph 0012) that outputs a trigger signal making the
`
`flash discharge tube emit light at a predetermined timing (paragraph 0022);
`
`a control unit (paragraphs 0022-0023, Fig. 3, at 10), that determines a quantity of
`
`light to be emitted by the flash discharge tube, and based on the determination, the
`
`control unit controls and directs the trigger circuit to switch between a first mode in
`
`which voltage is applied to the first combination and a second mode in which voltage is
`
`applied to the second combination (paragraphs 0022-0023); and
`
`a switching unit that switches between the first mode and the second mode
`
`(paragraphs 0001, 0010, 0023); wherein the single trigger circuit outputs to the
`
`switching unit the voltage as the trigger signal, and the switching unit directly supplies
`
`the voltage to the first combination in the first mode and the second combination in the
`
`second mode, after the control unit has determined the quantity of light (paragraphs
`
`0012, 0020-0023).
`
`Regarding claim 3 Haruhiko further discloses the strobe device of claim 1,
`
`wherein the control unit applies the voltage to the external triggering electrode after
`
`switching the first and second modes (paragraphs 0022-0023).
`
`

`

`Application/Control Number: 13/496,516
`
`Page 4
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`Art Unit: 2844
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`Regarding claim 4 Haruhiko further discloses the strobe device of claim 1,
`
`wherein the control unit switches to the first mode when making the flash discharge tube
`
`emit a small quantity of light and switches to the second mode when making the flash
`
`discharge tube emit a large quantity of light (paragraphs 0022-0023).
`
`Response to Arguments
`
`Applicant’s arguments with respect to claims 1, 3 and 4 have been considered
`
`but are moot because the arguments do not apply to any of the references being used
`
`in the current rejection. The Examiner notes that claim 1 recites "a strobe device
`
`comprising: ...a single trigger circuit...” Since Haruhiko discloses wide, thin, or both
`
`(stated in the alternative) — it is obvious it would have a single trigger circuit.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`

`

`Application/Control Number: 13/496,516
`
`Page 5
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`Art Unit: 2844
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`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DAVID LOTTER whose telephone number is (571 )270-
`
`7422. The examiner can normally be reached on Monday-Friday 7:30am-5PM (off
`
`every other Friday).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Alex Taningco can be reached on 571-272-8048. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
`
`