UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/637,449
`
`06/29/2017
`
`Hirofumi KONISHI
`
`HOKUP0356US
`
`4787
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`YANG AMYX
`
`ART UNIT
`2844
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/22/2020
`
`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):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/637,449
`Examiner
`AMY x YANG
`
`Applicant(s)
`KONISHI et al.
`Art Unit
`2844
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 02/28/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`3)[:] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1—13 and 17—21 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss)1— and 12—21 is/are rejected.
`
`Claim(ss)3—_11is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`C] 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
`
`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`is/are: a)[:| accepted or b)D objected to by the Examiner.
`11):] The drawing(s) filed on
`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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)i:i All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.1:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`SD 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200608
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 2
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`DETAILED ACTION
`
`Response to Arguments
`
`l.
`
`Applicant's arguments filed 02/28/2020 have been fully considered but they are not
`
`persuasive.
`
`2.
`
`Examiner has added new prior art to address the newly amended limitation to claims 1
`
`and 19. Please see the new rejection below.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under either status.
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstandingthat 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.
`
`5.
`
`Claims 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Huang (CN101009501) in View 0fChe mel et al. (US 2011/0001436 A1).
`
`6.
`
`Regarding claim 1, Huang discloses a signal transmitter (Fig.
`
`l—9), comprising
`
`a power supply (2) configured to receive DC power (3) to supply a DC output voltage to
`
`a light fixture (5) that is configured to be activated by the DC output voltage (page 7 lines 20-
`
`page 8 line 13);
`
`an external signal (Fig 8, receiving signals 12) receiver configured to receive an external
`
`instruction signal (page 7 lines 20-page 8 line 13, “Nae role oflhe sending end I is to generate a
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 3
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`corresponding data signal according to the control data or command encoding through apreset
`
`program Referring to FIG. 3, the sending end 1 mainly includes aprogrammable controller 11
`
`whose input end is connected to a data input device 12; the programmable controller 11 encodes
`
`the data to obtain a data signaland transmits it to the power-on/ofi‘controlled module 2 through
`
`the output end’) that represents a lighting state of the light fixture (page 8 lines 1 -13, “The data
`
`input device 12 may be a memory 13, a computer 15 connected to the programmable controller
`
`11 through the communication interface module 14, and so on. Ifthe controlled object 5 needs to
`
`performa relatively simple action, such as a light string, as long as the color change, the display
`
`pattern change caused by the light and dark change, etc.) and
`
`a communication controller (l,ll, page 8 line l4—page 9 line 1, “Power on/ofl controlled
`
`module 2. Due to the small driving capacity ofthe data signaloutput by the programmable
`
`controller 11 at the sending end], ...1t is necessary to add a power on/oflcontrolledmodule 2 to
`
`process the data signal to obtain a certain amplitude Value, power transmission signal is
`
`larger..., , the FET drives the switching action according to the change ofthe data signal,
`
`controls the DCpower supply to turn on and off, andforms a voltage pulse signal with a certain
`
`amplitude and large power at its output terminal, which can pass through the DCpower line 3)
`
`configured to control signal transmission to the light fixture by controlling the power supply(3),
`
`the communication controller being configured to modulate an output voltage level of the DC
`
`output voltage of the power supply (page 10 lines 8—16 “the sending end 1 generates a data
`
`signalfor controlling the light string, and the signal is obtained through the power on/ofi‘
`
`controlled module 2 to obtain the corresponding The voltage pulse signal carrying data
`
`information ”).to transmit, to the light fixture, a control signal for setting the light fixture to the
`
`lighting state represented by at least the external instruction signal (page 10 lines 8—16 “The
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 4
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`above DCpower line carrier communication system can be applied to the light string control.
`
`The output end of the sending end] is connected to the input end of the power on/oficontrolled
`
`module 2, the output end ofthepoweron/ofi‘control module 2 is connected to the DCpower line
`
`3, and the receiving node 4passes The DCpower line 3 constitutes a certain topology, and the
`
`control object5 connected to the control signal output end ofthe receiving node 4 is a light
`
`string; the sending end I generates a data signalfor controlling the light string, and the signal is
`
`obtained through the power on/offcontrolled module 2 to obtain the corresponding The voltage
`
`pulse signal carryingdata information ”).
`
`Huang does not specify discloses a an external signal receiver configured to receive an
`
`external instruction signal that represents a lighting state of the light fixture based on an output of
`
`a sensor configured to detect a state of a lighting space illuminated by the light fixture.
`
`Chemel discloses a an external signal (sensors[0030]) receiver configured to receive an
`
`external instruction signal that represents a lighting state of the light fixture based on an output of
`
`a sensor ([0030] [0360] 120 Fig.
`
`la—b) configured to detect a state of a lighting space illuminated
`
`by the light fixture [0030];([Ol32])
`
`7.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include the external sensors of Chemel to the system of Huang to provide
`
`automatic control of lighting effects and use the lights in different environments while
`
`conserving power.
`
`8.
`
`Regarding claim 2, Huand discloses the signal transmitter of claim 1, wherein the
`
`control signal contains control data representing the lighting state for the light fixture (page 8
`
`lines l—l3,“The data input device 12 may be a memory 13, a computer 15 connected to the
`
`programmable controller ll through the communication interface module 14, and so on. If the
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 5
`
`controlled object 5 needs to perform a relatively simple action, such as a light string, as long as
`
`the color change, the display pattern change caused by the light and dark change, etc)
`
`Huang does not specify control signal contains identification data uniquely assigned to
`
`the light fixture.
`
`Chemel disclose wherein the control signal contains identification data uniquely assigned
`
`to the light fixture ([0384]).
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include the identification date of Chemel to the system of Huang to provide
`
`accurate control of individual
`
`lighting fixtures.
`
`9.
`
`Claims 12, 17-18 is/are rejected under35 U.S.C. 103 as being unpatentable over
`
`Huang (CN101009501) in View of Che mel et al. (US 2011/0001436 A1) as applied to claim 1
`
`above, and further in Viewof Viewof Yao (US 20140145645A1) .
`
`10.
`
`Regarding claim 12,Huang in view of Chemel discloses the signal transmitter of claim
`
`1, except wherein the communication controller is configured to change the output voltage level
`
`between a first voltage level and a second voltage level to transmit the transmission signal.
`
`11.
`
`Yao discloses a controller is configured to change the output voltage level between a first
`
`voltage level and a second voltage level to transmit the transmission signal (two voltage outputs
`
`for dimming [0033]).
`
`12.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to adjust the output voltage to a first and second voltage as disclosed in Yao to the
`
`system of Huang to provide an easy way to provide dimming with a simple circuit.
`
`13.
`
`Regarding claim 17, Huang discloses the signal transmitter of claim 1, except wherein
`
`the communication controller is configured to: adjust the output voltage level to a first voltage
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 6
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`level by making a detection value of the DC output voltage accord with a first target value; and
`
`adjust the output voltage level to a second voltage level by making the detection value of the DC
`
`output voltage accord with a second target value.
`
`14.
`
`Yao discloses controller is configured to: adjust the output voltage level to a first voltage
`
`level by making a detection value of the DC output voltage accord with a first target value; and
`
`adjust the output voltage level to a second voltage level by making the detection value of the DC
`
`output voltage accord with a second target value ([0033]).
`
`15.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to adjust the output voltage to a first and second voltage as disclosed in Yao to the
`
`system of Chemel to provide an easy way to provide dimming with a simple circuit.
`
`16.
`
`Regarding claim 18,Chemel discloses a lighting system, comprising a signal transmitter
`
`of claim 1, except an AC/DC converter configured to receive AC power to supply the DC power
`
`to the signal transmitter, and the light fixture.
`
`17.
`
`Yao disclose an AC/DC converter configured to receive AC power to supply the DC
`
`power to the signal transmitter, and the light fixture (Fig.
`
`1 [0022—23]).
`
`18.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include an AC/DC converter as disclosed in Yao to the system of Chemel to
`
`allow the system to be used with AC power.
`
`19.
`
`Claims 19-21 is/are rejected under35 U.S.C. 103 as being unpatentable over Chemel
`
`et al. (US 2011/0001436 A1) in View 0fYa0 (US 20140145645A1) and Huang
`
`(CN101009501).
`
`20.
`
`Regarding claim 19,Chemel discloses a lighting system, comprising signal
`
`transmitters(1, Fig. 1—9)), and light fixture sets that are electrically connected to the signal
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 7
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`transmitters, respectively, each of the light fixture sets comprising at least a light fixture(light
`
`module Fig. 26), wherein each of the signal transmitters comprises: a power supply configured to
`
`receive the DC power to supply a DC output voltage to a corresponding light fixture
`
`set([0057][00194] Fig. 21 A); an external signal (sensors[0030]) receiver configured to receive
`
`an external instruction signal that represents a lighting state of the corresponding light fixture set
`
`based on an output of a sensor configured to detect a state of a lighting space illuminated by the
`
`corresponding light fixture set ([0030]([0132]); and a communication controller (power
`
`management module PMM 112 and light management module118) configured to control signal
`
`transmission to the corresponding light fixture set by controlling the power supply ([00387]),
`
`the
`
`communication controller being configured to change an output voltage level of the power
`
`supply to transmit(PMM), to the corresponding light fixture set, atransmission signal for setting
`
`the corresponding light fixture set to the lighting state represented by at least the external
`
`instruction signal ([00387]).
`
`21.
`
`Chemel does not specify one AC/DC converter configured to receive AC power to supply
`
`DC power to each of the signal transmitters.
`
`22.
`
`Yao disclose an AC/DC converter configured to receive AC power to supply the DC
`
`power to the signal transmitter (Fig.
`
`1 [0022—23]).
`
`23.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include an AC/DC converter as disclosed in Yao to the system of Chemel to
`
`allow the system to be used with AC power.
`
`24.
`
`Chemel does not specify the communication controller being configured to modulate an
`
`outp voltage level of the DC output voltage of the power supply.
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 8
`
`Huang discloses the communication controller being configured to modulate an output
`
`voltage level of the DC output voltage of the power supply (page 10 lines 8—16 “the sending end
`
`I generates a data signalfor controlling the light string, and the signal is obtained through the
`
`power on/offcontrolled module 2 to obtain the corresponding The voltage pulse signal carrying
`
`data information ”).to transmit, to the light fixture, a control signal for setting the light fixture to
`
`the lighting state represented by at least the external instruction signal (page 10 lines 8—16 “The
`
`above DCpower line carrier communication system can be applied to the light string control.
`
`The output end of the sending end] is connected to the input end of the power on/offcontrolled
`
`module 2, the output end ofthepoweron/ofi‘control module 2 is connected to the DCpower line
`
`3, and the receiving node 4passes The DCpower line 3 constitutes a certain topology, and the
`
`controlobject5 connected to the control signal output end ofthe receiving node 4 is a light
`
`string; the sending end I generates a data signalfor controlling the light string, and the signal is
`
`obtained through the power on/offcontrolled module 2 to obtain the corresponding The voltage
`
`pulse signal carryingdata information ”).
`
`25.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include the communication controller modulateing output voltage of DC output
`
`voltage as disclosed in Huang to the system of Chemel to provide an easy way to encode
`
`information to lighting devices.
`
`26.
`
`Regarding claim 20, Chemel discloses the lighting system of claim 19, wherein the
`
`transmission signal contains identification data uniquely assigned to the light fixture, and control
`
`data representing the lighting state for the light fixture [0175].
`
`27.
`
`Regarding claim 21,Chemel discloses a light fixture, comprising: a light source; a
`
`constant current circuit configured to receive a DC output voltage to supply a load current to the
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 9
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`light source, the DC output voltage being input via two power supply lines from the signal
`
`transmitter of claim 1; and a signal receiver configured to monitor the DC output
`
`voltage([037l]),
`
`the signal receiver being configured to detect a change in the output voltage
`
`level to acquire a transmission signal and adjust a lighting state of the light fixture by controlling
`
`the constant current circuit based on data of the transmission signal([037l]).
`
`28.
`
`Chemel does not specify a constant current circuit configured to receive a DC output
`
`voltage to supply a load current to the light source and controlling the constant current circuit.
`
`29.
`
`Yao discloses constant current circuit ([0006]) configured to receive a DC output voltage
`
`to supply a load current to the light source and controlling the constant current circuit ([0006]).
`
`30.
`
`Before the effective filing date of the invention,
`
`it would be obvious to one of ordinary
`
`skill
`
`in the art to include constant current circuit of Yao to the system of Chemel as a known way
`
`to drive and control the LEDs.
`
`Allowable Subject Matter
`
`31.
`
`Claims 3—11 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claim and
`
`any intervening claims.
`
`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 CFR l.l36(a).
`
`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
`
`

`

`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 10
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR l.l36(a) will be calculated from the mailing date of the advisory action.
`
`In no event,
`
`however, will the statutory period for reply expire later 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 AMY X YANG whose telephone number is (571)270—5498. The
`
`examiner can normally be reached on Monday—Friday,9am—6pm, EST.
`
`Examiner interviews are available via telephone,
`
`in—person, and video conferencing using
`
`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`htth/www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Alexander Taningco can be reached on (571)272—8048. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571—273—8300.
`
`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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`Application/Control Number: 15/637,449
`Art Unit: 2844
`
`Page 11
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`the automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—
`
`1000.
`
`/AMY X YANG/
`
`Examiner, Art Unit 2844
`
`/ALEXANDER H TANINGCO/
`
`Supervisory Patent Examiner, Art Unit 2844
`
`