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
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`15/997,537
`
`06/04/2018
`
`Shingo HASHIMOTO
`
`PANDP0288US
`
`9547
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`CHU~ GABRIELL
`
`ART UNIT
`2114
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/27/2020
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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
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/997,537
`Examiner
`GABRIELLCHU
`
`Applicant(s)
`HASHIMOTO, Shingo
`Art Unit
`AIA (FITF) Status
`2114
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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).
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`Status
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`1). Responsive to communication(s) filed on 4 June 2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`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.
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`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.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(s)
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`is/are allowed.
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`Claim(s) 1—4 and 7—9 is/are rejected.
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`Claim(s) fl is/are objected to.
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`) ) ) )
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`)
`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 4 June 2018 is/are: a). accepted or b)E] 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).
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`Priority under 35 U.S.C. § 119
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`12). 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). All
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`b)C] Some**
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`c)[j None of the:
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`1.. Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
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`3C] 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)).
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`** 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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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 20180604.
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200221
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`2.
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`Claim 5 objected to because of the following informalities:
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`Claim Objections
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`Referring to claim 5, "being to be referred" is understood to refer to "being referred".
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 112
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`3.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
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`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`4.
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`Claims 2-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as
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`being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
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`5.
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`Referring to claim 2, "wherein the charging controller is configured to charge the battery with
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`the electricity having been supplied via the electricity input part, while the remaining capacity of the
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`battery is equal to or lower than the threshold and the automatic backup is not under execution" is
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`understood to refer to "wherein, while the remaining capacity of the battery is equal to or lower than
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`the threshold and the automatic backup is not under execution, the charging controller is configured to
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`charge the battery with the electricity having been supplied via the electricity input part".
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`6.
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`Referring to claim 3, and consequently 4, "wherein the controller is configured to transmit a
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`predetermined notification to the charging controller and to stop operating, in a case where the
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page3
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`remaining capacity of the battery is equal to or lower than the threshold, and the charging controller is
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`configured to activate the controller upon completion of charging of the battery, in a case where the
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`charging controller has received the predetermined notification" is understood to refer to "wherein, in a
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`case where the remaining capacity of the battery is equal to or lower than the threshold, the controller
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`is configured to transmit a predetermined notification to the charging controller and to stop operating,
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`and, in a case where the charging controller has received the predetermined notification, the charging
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`controller is configured to activate the controller upon completion of charging of the battery".
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`7.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`Claim Rejections - 35 USC § 102
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(l) the claimed invention was patented, described in a printed publication, or in public use, on sale
`or otherwise available to the public before the effective filing date of the claimed invention.
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
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`8.
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`Claim(s) 1, 2, and 8 is/are rejected under 35 U.S.C. 10231/32 as being anticipated by US
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`20170331329 to Kim et al.
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`9.
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`Referring to claim 1, Kim discloses an electronic device configured to execute automatic backup
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`of automatically transmitting, to a predetermined recording medium, data stored in the electronic
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`device, comprising:
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`a battery configured to supply electricity to drive the electronic device, the electricity having
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`been charged in the battery (For example, figure 2b battery 299.);
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`an electricity input part to be connected to an external device, the electricity input part being
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`configured to receive the electricity supplied from the external device (For example, figure 2b, power
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page4
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`receiving unit 291, connected wirelessly to a power source, for example figure 4a.);
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`a charging controller configured to charge the battery with the electricity having been supplied
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`via the electricity input part (For example, figure 2b charging unit 298.); and
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`a controller configured to control execution of the automatic backup, wherein in a case where
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`the electricity input part is connected to the external device and there is data to be subjected to the
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`automatic backup, until the automatic backup is completed, the controller compares a remaining
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`capacity of the battery with a threshold, the controller executes the automatic backup when the
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`remaining capacity of the battery is higher than the threshold, and the controller does not execute the
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`automatic backup when the remaining capacity of the battery is equal to or lower than the threshold
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`(Paragraph 11 and 12, "In an embodiment disclosed herein, the controller may output a popup window
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`including selection information for selecting whether or not to continuously execute another non-
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`completed function when one of the wireless charging function for the mobile terminal and the backup
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`function for the data stored in the mobile terminal is completed. In an embodiment disclosed herein,
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`the controller may execute the backup function for the data stored in the mobile terminal when the
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`charging for the mobile terminal is completed by a preset level or more using the wireless power.").
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`10.
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`Referring to claim 2, Kim discloses the charging controller is configured to charge the battery
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`with the electricity having been supplied via the electricity input part, while the remaining capacity of
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`the battery is equal to or lower than the threshold and the automatic backup is not under execution
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`(Paragraph 11 and 12, "In an embodiment disclosed herein, the controller may output a popup window
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`including selection information for selecting whether or not to continuously execute another non-
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`completed function when one of the wireless charging function for the mobile terminal and the backup
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`function for the data stored in the mobile terminal is completed. In an embodiment disclosed herein,
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`the controller may execute the backup function for the data stored in the mobile terminal when the
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`charging for the mobile terminal is completed by a preset level or more using the wireless power.").
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page5
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`11.
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`Referring to claim 8, Kim discloses the predetermined recording medium is a server connected
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`to a network (Paragraph 22, " In an embodiment disclosed herein, backup data stored in the memory
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`through the backup for the data stored in the mobile terminal may be transmitted to an external device
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`or external server through the second wireless communication module based on a user request.").
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`Claim Rejections - 35 USC § 103
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`12.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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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`13.
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`Claims 7 and 9 is/are rejected under 35 U.S.C.103 as being unpatentable over Kim as applied
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`to claim 1 above, and further in view of Official notice.
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`14.
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`Referring to claim 7, although Kim does not specifically disclose an image capturing part
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`configured to capture an image of a subject and generate image data, this is very well known in the art.
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`Examiner takes official notice of a camera, and in particular a camera that may be used by a smart
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`phone. It could have been obvious to one of ordinary skill in the art before the effective filing date of the
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`claimed invention to incorporate a camera into a device because it enables the capturing of images. Kim
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`in particular is concerned with, among other things, smart phones, which are very well known to
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`incorporate cameras, from paragraph 59, "On the other hand, the wireless power receiver for receiving
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`power in a wireless manner as described herein should be construed broadly to include a portable
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`phone, a cellular phone, a smart phone, a personal digital assistant (PDA), a portable multimedia player
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`(PMP), a tablet, a multimedia device, or the like, in addition to an input/output device such as a
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`keyboard, a mouse, an audio-visual auxiliary device, and the like." Kim further discloses that data that a
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`device such as a smart phone could be backing up are photographs. From paragraph 274, "For example,
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page6
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`when a data backup permission command "Start" and a command for specifying data "Back up only
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`photos" are simultaneously input by the user, the controller 180 may activate the data backup function
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`and receive only data corresponding to the photos among data stored in the mobile terminal 200."
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`15.
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`Referring to claim 9, although Kim does not specifically disclose the electricity input part
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`includes a circuit connected to the external device in compliance with a universal serial bus (USB)
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`standard, using USB to supply electricity is very well known in the art. Examiner takes official notice for
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`the USB standard inclusive of supplying power. It could 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 use USB, in addition or in substitution, to
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`supply power because it similarly fulfills the purpose of charging the device.
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`Allowable Subject Matter
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`16.
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`Claims 3-6 are otherwise objected to as being dependent upon a rejected base claim, but
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`would be allowable if rewritten in independent form including all of the limitations of the base claim
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`and any intervening claims, while overcoming the rejection to claim 3 above.
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`17.
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`Referring to claims 3 and 4, as understood by examiner as indicated above, the prior art does
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`not teach or fairly suggest in a case where the remaining capacity of the battery is equal to or lower
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`than the threshold, the controller is configured to transmit a predetermined notification to the charging
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`controller and to stop operating, and, in a case where the charging controller has received the
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`predetermined notification, the charging controller is configured to activate the controller upon
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`completion of charging of the battery, in the scope and context of claim 1.
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`18.
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`Referring to claims 5 and 6, as understood by examiner as indicated above, the prior art does
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`not teach or fairly suggest a display configured to display the remaining capacity of the battery in
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`multiple levels in a stepwise manner, wherein the threshold is set to be equal to a level threshold for the
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`remaining capacity of the battery, the level threshold being to be referred to at the time of switchover
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`among the multiple levels, in the scope and context of claim 1.
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`

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`Application/Control Number:15/997,537
`Art Unit:2114
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`Page7
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`Conclusion
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`19.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. See notice of references cited.
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`20.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to GABRIEL L CHU whose telephone number is (571)272-3656. The examiner can
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`normally be reached on weekdays 8 am to 5 pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Bryce Bonzo can be reached on (571) 272-3655. The fax phone number for the organization where this
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`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 may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/GABRIEL CHU/
`
`Primary Examiner, Art Unit 2114
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`