`
`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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`14/602,761
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`01/22/2015
`
`Hideharu KAWACHI
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`FLPCP0182US
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`6837
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`10/31/2017 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SONG, ZHENG B
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`2875
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/31/2017
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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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`ipdocket @rennerott0.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 14/602,761 KAWACHI, HIDEHARU
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`ZHENG (JIMMY) SONG $2213 2875
`-- 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
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`Status
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`1)IZI Responsive to communication(s) filed on 6/22/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l 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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-15is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)|:I Claim(s)
`, 2, 14 and 15 is/are rejected.
`7)|Z| Claim(s
`)1
`8)IZI Claim(s)3_3si/are objected to.
`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
`hit Z/'/\WII‘IN.USDIO. ov/ atentS/init events/
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`
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I 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).
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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
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`12)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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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I 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
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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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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20171026
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`

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`Application/Control Number: 14/602,76l
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`Page 2
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`Art Unit: 2875
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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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`Continued Examination Under 37 CFR 1.114
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
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`has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
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`37 CFR 1.114. Applicant's submission filed on 6/22/2017 has been entered.
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`The amendment filed 5/24/2017 has been entered.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 USC. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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, 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 negated by the manner in which the invention was made.
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`Claims 1-2 and 14-15 are rejected under 35 USC. 103 as being unpatentable over
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`Gaunce et al. (US 2007/0211452) (hereinafter Gaunce) in view of Cheng (US 2011/0242811).
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`Re claim 1: Gaunce teaches an illumination device, comprising: a plate—shaped light—
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`transmitting member (110, fig. 6) having a light—transmitting region (112, para [0053], fig. 6); a
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`fixture (130, fig. 6) having a box shape (see fig. 5) with one open side (open side of 130 where
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`Application/Control Number: 14/602,761
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`Page 3
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`Art Unit: 2875
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`134 is inserted, see fig. 8), the fixture (130) being attached (attached Via 113, fig. 7) to the light—
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`transmitting member (110) such that the open side (see fig. 6) faces the light—transmitting
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`member (110); and a light emitting module (136, fig. 6) inserted into the fixture (130), wherein
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`the fixture (130) includes an insertion opening (opening formed at bottom of 130 by 135a, fig. 6)
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`formed on a surface (bottom surface of 130, fig. 6) perpendicular to the open side (open side of
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`130 where 134 is inserted, see fig. 8), the light emitting module (136, fig. 5) slidingly being
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`inserted into the insertion opening (136 being slid from lower opening by 135 into 130, fig. 6) in
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`an insertion direction (see annotated fig. 5) along the light—transmitting member (110), wherein
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`the light emitting module (136) further includes a planar light emitter (light bulb 136 shaped like
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`a vertical plane, fig. 5) haVing a light emission surface (surface of bulb 136, fig. 5) and a holder
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`(137, fig. 5) configured to hold (held in sockets, see para [0049]) the planar light emitter (136)
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`and configured to engage with the fixture (130) such that the light emission surface (surface of
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`136) overlaps (positioned over light bulbs 136, para [0053]) with the light—transmitting region
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`(112).
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`Application/Control Number: l4/602,76l
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`Page 4
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`Art Unit: 2875
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`2535
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`,
`bfl‘mm
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`it
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`3.
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`However, Gaunce fails to teach the holder protrudes in the insertion direction of the light
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`emitting module beyond a contour of the planar light emitter, so that the planar light emitter is
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`prevented from colliding with the fixture, and wherein the planar light emitter and the holder are
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`stacked in a direction perpendicular to the insertion direction of the lighting emitting module
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`being inserted into the insertion opening.
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`Cheng teaches a fixture (1, fig. 1); a light emitting module (3, 4, 5, 6, fig. 1) inserted into
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`the fixture (1, fig. 2), wherein the fixture (1) includes an insertion opening (13, fig. 1) formed on
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`a surface (surface of 1, fig. 1) perpendicular to an open side (ll, fig. 1), the light emitting
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`module (3, 4, 5, 6) slidingly being inserted (see para [0002]) into the insertion opening (13),
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`Application/Control Number: 14/602,761
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`Page 5
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`Art Unit: 2875
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`wherein the light emitting module (3, 4, 5, 6) further includes a light emitter (5, fig. 1) having a
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`light emission surface (bottom round surface of 5, fig. 3) and a holder (3, 4, fig. 1) configured to
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`hold the light emitter (5) and configured to engage the fixture (1), and wherein the holder (3, 4)
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`protrudes in the insertion direction (3, 4 extends in direction of 13, fig. 1) of the light emitting
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`module (3, 4, 5, 6) beyond a contour of the planar light emitter (contour of 5, see fig. 1), so that
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`the planar light emitter (5) is prevented from colliding (see fig. 3) with the fixture (1), and
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`wherein the planar light emitter (5, fig. 3) and the holder (1, fig. 3) are stacked in a direction
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`(vertical direction, fig. 3) perpendicular to the insertion direction (direction 3, 4 inserted into 1,
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`fig. 1) of the lighting emitting module (3, 4, 5, 6) being inserted into the insertion opening (13).
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`Therefore, in view of Cheng, it would have been obvious to one of ordinary skill in the
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`art before the effective filing date of the claimed invention to substitute the holder of Gaunce
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`with the holder of Cheng such that the holder protrudes in the insertion direction of the light
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`emitting module beyond a contour of the planar light emitter, so that the planar light emitter is
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`prevented from colliding with the fixture, and wherein the planar light emitter and the holder are
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`stacked in a direction perpendicular to the insertion direction of the lighting emitting module
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`being inserted into the insertion opening, in order to allow the light emitting device to be easily
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`moved in a preferred position [Cheng, 0013].
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`Re claim 2: Gaunce fails to teach the holder is provided on the opposite surface of the
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`planar light emitter from the light emission surface and is larger in area than the contour of the
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`planar light emitter.
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`Application/Control Number: 14/602,76l
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`Page 6
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`Art Unit: 2875
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`Cheng teaches the holder (3, 4, fig. 3) is provided on the opposite surface (upper surface,
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`fig. 3) of the planar light emitter (5, fig. 3) from the light emission surface (bottom round surface
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`of 5, fig. 3) and is larger in area (see fig. 1) than the contour of the planar light emitter (contour
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`of 5, fig. 1).
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`Therefore, in view of Cheng, it would have been obvious to one of ordinary skill in the
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`art before the effective filing date of the claimed invention to substitute the holder of Gaunce
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`with the holder of Cheng such that the holder is provided on the opposite surface of the planar
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`light emitter from the light emission surface and is larger in area than the contour of the planar
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`light emitter, in order to allow the light emitting device to be easily moved in a preferred position
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`[Cheng, 0013].
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`Re claim 14: Gaunce teaches the fixture (130, fig. 7) is attached to the light—transmitting
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`member (110, fig. 7) at a position closer to an edge of the light—transmitting member (see fig. 7)
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`than a center (center by 113, fig. 7) of the light—transmitting member (110) and the insertion
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`opening (bottom opening of 130, fig. 6) of the fixture (130) is provided at a position closer
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`(opening of 130 closer to center of 111 than edge of 110, fig. 7) to the center of the light—
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`transmitting member (110) than the edge of the light—transmitting member (edge of 110).
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`Re claim 15: Gaunce teaches the insertion direction (see annotated fig. 5) of the light
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`emitting module (136, fig. 5) is parallel (see fig. 6) to the plate—shaped light—transmitting member
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`(110, fig. 6).
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`Application/Control Number: 14/602,761
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`Page 7
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`Art Unit: 2875
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`Response to Arguments
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`Applicant’s arguments with respect to claim 1 have been considered but are moot
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`because the arguments do not apply to any of the references being used in the current rejection.
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`Allowable Subject Matter
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`Claims 3-13 are objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form including all of the limitations of the base claim and
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`any intervening claims.
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`The following is a statement of reasons for the indication of allowable subject matter:
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`The prior art taken as a whole does not show nor suggest the fixture includes a flat plate portion
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`which forms the opposite surface of the fixture from the open side and an elastically—deformable
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`salient portion protruding from the flat plate portion toward the open side as specifically called
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`for in the claimed combinations.
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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 ZHENG (JIMMY) SONG whose telephone number is (571)272—
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`9402 and fax number is (571) 273—9402. The examiner can normally be reached on Monday—
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`Friday 9:00AM — 6:00PM.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`

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`Application/Control Number: 14/602,761
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`Page 8
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`Art Unit: 2875
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://WWW.uspto.gov/intervieWpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Jong Suk (James) Lee can be reached on (571)272—7044. 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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`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. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/ZHENG (JIMMY) SONG/
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`Examiner, Art Unit 2875
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`