`
`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
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`
`
`
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`13/496,516
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`03/16/2012
`
`Yasushi Ogino
`
`MAT—10549US
`
`1674
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`LOTTER, DAVID E
`
`PAPER NUIVIBER
`
`ART UNIT
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`2844
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/27/2015
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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
`
`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/496,516 OGINO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2844DAVID LOTTER first“
`
`-- 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 0137 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 on 7/02/2015.
`[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)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.
`
`Disposition of Claims*
`5)|XI Claim(s) 1,3 and4 is/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) 1,3 and4 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
` S
`htt
`://www.usoto. ov/ atentS/init events.) .h/index.‘
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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
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 12/29/2014 is/are: a)IXI 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.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.
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`Attachment(s)
`
`
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`3) D Interview Summary (PT0_413)
`1) D 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/Osb)
`
`Paper No(s)/Mai| Date .
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20150821
`
`

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`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
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`provisions.
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`DETAILED ACTION
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`In view of the appeal brief filed on 7/02/2015, PROSECUTION IS HEREBY
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`REOPEN ED. New grounds of rejection are set forth below.
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`To avoid abandonment of the application, appellant must exercise one of the
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`following two options:
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`(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply
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`under 37 CFR 1.113 (if this Office action is final); or,
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`(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed
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`by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and
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`appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth
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`in 37 CFR 41.20 have been increased since they were previously paid, then appellant
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`must pay the difference between the increased fees and the amount previously paid.
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`A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by
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`signing below:
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`/ALEXANDER H TANINGCO/
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`Supervisory Patent Examiner, Art Unit 2844
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Priority
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`

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`Application/Control Number: 13/496,516
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`Page 3
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`Art Unit: 2844
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`Claim Rejections - 35 USC § 103
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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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`Claims 1, 3 and 4 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over the English translation of Haruhiko (JP 2003-288861).
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`Regarding claim 1 Haruhiko discloses a strobe device comprising:
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`a flash discharge tube (Fig. 1, at 10 — flash discharge tube);
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`a plurality of external triggering electrodes (Fig. 1, at 14, 15 - electrodes) formed
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`on an outer surface of the flash discharge tube
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`wherein a first combination comprises at least one of the external triggering
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`electrodes having a first predetermined attachment area to the flash discharge,
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`a second combination comprises at least one other of the external triggering
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`electrodes having a second predetermined attachment area to the flash discharge tube,
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`and the second predetermined attachment area is larger than the first
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`predetermined attachment area (paragraphs 0022-0023);
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`a single trigger circuit (paragraph 0012) that outputs a trigger signal making the
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`flash discharge tube emit light at a predetermined timing (paragraph 0022);
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`Application/Control Number: 13/496,516
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`Page 4
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`Art Unit: 2844
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`and a switching unit that switches between the first mode and the second mode
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`(paragraphs 0001, 0010, 0023); wherein the single trigger circuit outputs to the
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`switching unit the voltage as the trigger signal, and the switching unit directly supplies
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`the voltage to the first combination in the first mode and the second combination in the
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`second mode, after the control unit has determined the quantity of light (paragraphs
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`0012, 0020-0023).
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`Haruhiko also discloses a device that determines a quantity of light to be emitted
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`by the flash discharge tube, and based on the determination, the control unit controls
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`and directs the trigger circuit to switch between a first mode in which voltage is applied
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`to the first combination and a second mode in which voltage is applied to the second
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`combination (paragraphs 0022-0023). But, Haruhiko does not explicitly disclose a
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`control unit.
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`However Haruhiko implicitly discloses a control unit, that determines a quantity of
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`light to be emitted by the flash discharge tube, and based on the determination, the
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`control unit controls and directs the trigger circuit to switch between a first mode in
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`which voltage is applied to the first combination and a second mode in which voltage is
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`applied to the second combination (the flashtube is capable of multiple modes of
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`operation with different quantities of light which inherently requires a control
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`mechanism).
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to modify the flash discharge tube disclosed by Haruhiko in accordance with
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`the teaching of Haruhiko regarding operational modes of a flash discharge tube
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`

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`Application/Control Number: 13/496,516
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`Page 5
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`Art Unit: 2844
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`(Haruhiko, paragraphs 0020-0022) in order to make various flash modes possible
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`(Haruhiko, paragraph 0001).
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`Regarding claim 3 Haruhiko further discloses the strobe device of claim 1.
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`Haruhiko further discloses applies the voltage to the external triggering electrode after
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`switching the first and second modes (paragraphs 0022-0023).
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`Haruhiko does not explicitly disclose a control unit. However Haruhiko implicitly
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`discloses a control unit (The flashtube is capable of multiple modes of operation with
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`different quantities of light which require a control mechanism).
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to modify the flash discharge tube disclosed by Haruhiko in accordance with
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`the teaching of Haruhiko regarding operational modes of a flash discharge tube
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`(Haruhiko, paragraphs 0020-0022) in order to make various flash modes possible
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`(Haruhiko, paragraph 0001).
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`Regarding claim 4 Haruhiko further discloses the strobe device of claim 1,
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`Haruhiko further discloses switches to the first mode when making the flash discharge
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`tube emit a small quantity of light and switches to the second mode when making the
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`flash discharge tube emit a large quantity of light (paragraphs 0022-0023).
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`Haruhiko does not explicitly disclose a control unit. However Haruhiko implicitly
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`discloses a control unit (The flashtube is capable of multiple modes of operation with
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`different quantities of light which require a control mechanism).
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`Application/Control Number: 13/496,516
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`Page 6
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`Art Unit: 2844
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`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to modify the flash discharge tube disclosed by Haruhiko in accordance with
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`the teaching of Haruhiko regarding operational modes of a flash discharge tube
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`(Haruhiko, paragraphs 0020-0022) in order to make various flash modes possible
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`(Haruhiko, paragraph 0001).
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`Response to Arguments
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`Applicant’s arguments, see Pre-Appeal Brief, filed 7/02/2015, with respect to the
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`102(b) rejection(s) of claim(s) 1, 3 and 4 under Haruhiko have been fully considered and
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`are persuasive. Therefore, the rejection has been withdrawn. However, upon further
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`consideration, a new 103(a) ground(s) of rejection is made in view of Haruhiko.
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`Applicant’s argues that Haruhiko does not disclose a single trigger circuit. The
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`Examiner respectfully disagrees. Haruhiko discloses a single trigger circuit. The
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`applicant argues the language “comprising a single trigger circuit” should not require a
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`non-limiting interpretation. The Examiner respectfully disagrees. The use of the word
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`“comprising” is non-limiting.
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`Applicant’s argues that Haruhiko does not disclose a switching unit that receives
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`voltage from a trigger circuit. The Examiner respectfully disagrees. Haruhiko discloses
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`a switching unit that receives voltage from a trigger circuit as described in paragraph
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`0012.
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`Applicant’s argues that Haruhiko does not disclose a switching unit. The
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`Examiner respectfully disagrees. Haruhiko discloses a flashtube device that can
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`

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`Application/Control Number: 13/496,516
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`Page 7
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`Art Unit: 2844
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`change selectively the pinpoint flash mode (paragraph 0023). This mechanism requires
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`switching the respective pinpoint flash modes.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DAVID LOTTER whose telephone number is (571)270-
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`7422. The examiner can normally be reached on Monday-Friday 7:30am-5PM (off
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`every other Friday).
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`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.
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