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
`
`16/010,441
`
`06/16/2018
`
`Shojiro KIDO
`
`NHPP0218US
`
`4716
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOIS SELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`BRANIFE CHRISTOPHER
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/19/2020
`
`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
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`following e—mail address(es):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`16/010,441
`Examiner
`Christopher Braniff
`
`Applicant(s)
`KIDO et al.
`Art Unit
`2484
`
`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 5 May 2020.
`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.
`
`2b)
`
`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) fl is/are pending in the application.
`
`5a) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`
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`Claim(s) 6,12—14 and 16—19 is/are allowed.
`
`Claim(s) 1—5,7,9—11 and 15 is/are rejected.
`
`Claim(s) Q is/are objected to.
`
`) ) ) )
`
`)
`are subject to restriction and/or election requirement
`[j Claim(s
`* If any claims have been determined aflowable. 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.”smogovmatentszinit_events[pph[index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10)D The specification is objected to by the Examiner.
`
`is/are: a)C] 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). All
`
`b)D Some**
`
`c)D None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`30 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)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20200514
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
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`1.
`
`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.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37
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`CPR 1.17(e), was filed in this application after final rejection. Since this application is eligible for
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`continued examination under 37 CFR 1.114, and the fee set forth in 37 CPR 1.17(e) has been timely
`
`paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
`
`Applicant's submission filed on May 5, 2020 has been entered.
`
`Claim Rejections - 35 U5C § 103
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`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.
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`4.
`
`The following is a quotation of35 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, 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 w as made.
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 3
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`5.
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`The factual inquiries set forth in GVfl/fidfit fife/m Deere Ca, 383 US. 1, 148 USPQ 459 (1966),
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`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`6.
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`This application currently names joint inventors. In considering patentability of the claims
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`the examiner presumes that the subject matter of the various claims was commonly owned as of the
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`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is
`
`advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of
`
`each claim that was not commonly owned as of the effective filing date of the later invention in
`
`order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35
`
`U.S.C. 102(a)(2) prior art against the later invention.
`
`7.
`
`Claims 1-5, 7, 9-11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Jovicic et al. (US 2015/03727253, already of record, referred to herein as “Jovicic”) in View of
`
`Xu et al. (US 2015/0208475, already of record, referred to herein as “Xu”) and Davies (US
`
`2017/0272376, referred to herein as “Davies”).
`
`Regarding claim 1, Jovicic discloses: A leg/at z'dentflmtz‘m (ID) tram/722mm deme, eoegbmz'fig:
`
`a leg/at emitter Govicic: paragraph [0058], disclosing a light transmitting device such as a
`
`light emitting diode) t/mt 2's...
`
`toe/figured t0 [7e attae/aed to a ee/az'ete Govicic: paragraph [0004], disclosing
`
`use of LED light transmitters with vehicles); and
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 4
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`a lzg/ot einlmlon oontroller Govicic: Fig. 1, element 105, disclosing a controller) t/oat dlnz'dey a
`
`tranyrnlm'on target ID lnto paoéets of data Govicic: paragraph [0061], disclosing that the controller may
`
`provide the light transmitting device an identifier for transmission; paragraph [0070], disclosing that
`
`the identifier may include a sequence of symbols; paragraph [0069], disclosing that each symbol may
`
`be mapped to a unique time interval and the signal divided into pulses—e.g., packets— associated
`
`with the time intervals). .
`
`. and oanyes t/oe lzg/ot ernltter to einlt inodnlated lzg/ot t/oat ls inodnlated aooordlng to t/oe
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`pat/éety Govicic: paragraph [0055], disclosing modulation of transmitted light; paragraph [0071],
`
`disclosing modulation of the signal according to the pulses).
`
`Jovicic does not explicitly disclose:
`
`a lzg/ot ernltter t/oat ls elongated ln a lateral dlreotlon,
`
`eat/o packet lnolndlng loot/opaoéet lnforrnatz'on andpayload data, and
`
`n/loereln eat/o oft/oepat/éets lnolndey part of t/oe trany/nlm'on target ID nn't/n'n t/oe payload data, and a packet
`
`nnrnlaer nn't/n'n t/oepaoéet lnforrnatlon.
`
`However, Xu discloses a light emitter t/oat ls elongated ln a lateral dlreotlon (Xu: paragraph [0040],
`
`disclosing LED chips on board (COB) arranged in an elongated array).
`
`At the time the application was effectively filed, it would have been obvious for a person
`
`having ordinary skill in the art to use the emitter of Xu in the light ID transmission device ofJovicic.
`
`One would have been motivated to modifyjovicic in this manner in order to better control
`
`the power output of light emitting diodes (Xu: paragraphs [0004] through [0006]).
`
`Jovicic and Xu do not explicitly disclose:
`
`eat/o packet lnolndlng loot/opaoéet lnforrnatz'on andpayload data, and
`
`n/loereln eat/o oft/oepat/éets lnolndey part of t/oe trany/nlm'on target ID nn't/n'n t/oe payload data, and a packet
`
`nnrnlaer nn't/n'n t/oepaoéet lnforrnatlon.
`
`However, Davies discloses:
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 5
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`eac/a paaéa‘ z'mlaa’z'ag [mt/apaaéa‘ Zafomatz‘oa aaa’paylaaa’ a’al‘a (Davies: paragraphs [0013] and
`
`[0056], disclosing packets containing various elements of information including a payload portion)
`
`and
`
`wherein eac/a aft/yepaaém Zatlaa’ey part aft/96 tram/722mm [aiga‘ ID wit/72a t/ae payload a’al‘a (Davies:
`
`paragraph [0013], disclosing that the data of each respective packet may comprise a different part of
`
`an overall payload comprising an ID of the transmitting device—e.g., that each packet may include a
`
`part of the transmission target ID within the payload data), aaaI apaaéa‘ ”amber wit/72a t/aepaaéa‘
`
`Zafirmaz‘ioa (Davies: paragraphs [0012] [0074], disclosing that the packets may contain a respective
`
`portion of the index sequence that is a number that acts as an identifier for distinguishing the
`
`packet).
`
`At the time the application was effectively filed, it would have been obvious for a person
`
`having ordinary skill in the art to use the packet information and payload of Davies in the light ID
`
`transmission device of Jovicic and Xu.
`
`One would have been motivated to modify]ovicic and Xu in this manner in order to permit
`
`larger transmission IDs to be sent via packets (Davies: [0007]).
`
`Regarding claim 2, Jovicic, Xu, and Davies disclose: T/ye [zg/al‘ ID tramwz'm‘aa a’eaz'te amm’z‘ag [0
`
`am 7, wherein t/ae madalal‘ea’ [zg/al‘ 2's [zg/al‘ that is short-[flake madalal‘ea’ amm’z‘ag [0 #96 paaéa‘s (]ovicic:
`
`paragraph [0024], disclosing modulation according to a pulse duty cycle, duration, spacing,
`
`amplitude, or slope—e.g., including short—pulse modulation).
`
`Regarding claim 3, Jovicic, Xu, and Davies disclose: T/ye [zg/al‘ ID tramwz'm‘aa a’eaz'te amm’z‘ag [0
`
`am 7, wherein t/ae [zg/al‘ emitter 2's maflgarea’ [0 [76 attached [0 a rearfate aft/96 M72516 (]ovicic: paragraph
`
`[0004], disclosing use of LED emitters with vehicles).
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 6
`
`Regarding claim 4, Jovicic, Xu, and Davies disclose: T/oe lig/ot ID tranyinimion a’eniee aeeora’ing to
`
`elaiin 3, wherein a lengt/o of t/oe lig/ot einitter in t/oe lateral a’ireetion is greater t/oan a loaf of a lengt/o of t/oe rearface of
`
`t/oe ne/oiele in t/oe lateral a’ireetion Govicic: paragraph [0004], disclosing use of LED emitters with vehicles;
`
`Xu: paragraph [0040], disclosing light emitters arranged in an elongated array—e.g., including a
`
`lateral direction greater than half a length of a near face of the vehicle).
`
`The motivation for combining Jovicic, Xu, and Davies has been discussed in connection
`
`with claim 1, above.
`
`Regarding claim 5, Jovicic, Xu, and Davies disclose: T/oe lig/ot ID tranyinimion a’eniee aeeora’ing to
`
`elaiin 7, wherein t/oe lig/ot einitter inelna’ey a plnraligi oflig/ot sonrees t/oat are elongatea’ in t/oe lateral direction, and t/oe
`
`plnraligi oflig/ot sonrees are arrangea’ ride [7} side in a nertieal a’ireetion (Xu: paragraph [0040], disclosing light
`
`emitters arranged in an elongated array).
`
`The motivation for combining Jovicic, Xu, and Davies has been discussed in connection
`
`with claim 1, above.
`
`Regarding claim 7, Jovicic, Xu, and Davies disclose: T/oe lig/ot ID tranyinimion a’eniee aeeora’ing to
`
`elaiin 7, wherein t/oe lig/ot einimion eontroller yeleetineé/ performsflrst eontrolfor earning t/oe lig/ot einitter to einit t/oe
`
`inoa’nlatea’ lig/ot, ana’ yeeona’ eontrolfor eansing t/oe lig/ot einitter to einit lig/ot t/oat is loig/oer in lnininanee t/oan t/oe
`
`inoa’nlatea’ lig/ot Govicic: paragraph [0079], disclosing light modulation according to an illumination
`
`factor—e.g., by modulating the luminance; paragraph [0080], disclosing modulation of the
`
`illumination factor by an amplitude—e.g., that light maybe emitted that is higher in luminance).
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 7
`
`Regarding claim 9, Jovicic, Xu, and Davies disclose: T/ae [ig/7t ID tranyrniwian deniee awarding ta
`
`eiaiin 7, wherein t/ae [ignt ernitter is eanflgnred ta [7e attae/aed ta a iateraifaee aft/9e ne/aide Govicic: paragraph
`
`[0004], disclosing use of LED emitters with vehicles).
`
`Regarding claim 10, Jovicic, Xu, and Davies disclose: T/ae [ignt ID trany/niwian deniee awarding ta
`
`eiaiin 7, wherein t/ae [ignt ernitter is eanflgnred ta [7e attae/aed ta a tapfaee af t/ae ne/aide Govicic: paragraph [0004],
`
`disclosing use of LED emitters with vehicles).
`
`Regarding claim 11,]ovicic, Xu, and Davies disclose: A tight identaieatian (ID) earn/nnnieatian
`
`gate/n, eanabrising:
`
`a tight einitter t/aat is eanflgnred ta [7e attae/aed ta a ne/aieie (Jovicic: paragraph [0058], disclosing a
`
`light transmitting device such as a light emitting diode);
`
`a tight einiwian eantraiier Govicic: Fig. 1, element 105, disclosing a controller) t/aat dinidey a
`
`tranyrniwian targetID inta pat/éets af data Govicic: paragraph [0061], disclosing that the controller may
`
`provide the light transmitting device an identifier for transmission; paragraph [0070], disclosing that
`
`the identifier may include a sequence of symbols; paragraph [0069], disclosing that each symbol may
`
`be mapped to a unique time interval and the signal divided into pulses—e.g., packets— associated
`
`with the time intervals), eae/apaaéet ineinding [eat/apaaéet infarrnatian andpayiaad data (Davies: paragraphs
`
`[0013] and [0056], disclosing packets containing various elements of information including a payload
`
`portion), and eanyey t/ae [ig/7t ernitter ta einit inadniated [ig/7t t/aat is inadniated awarding ta t/aepaaéety Govicic:
`
`paragraph [0055], disclosing modulation of transmitted light; paragraph [0071], disclosing
`
`modulation of the signal according to the pulses); and
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 8
`
`a eamera t/oat melaa’ey aa lmage remor aaa’ eaptarer t/oe lzg/ot emz'tter oat/o t/oe lmage remor Govicic:
`
`paragraph [0066], disclosing a camera with an image sensor for receiving visible light
`
`communication),
`
`mloerem t/oe lzg/ot emz'tter ls eloagatea’ along aa extemz'oa a’z'reetz'oa of aa expoyare llae oft/oe lmage remor (Xu:
`
`paragraph [0040], disclosing LED chips on board (COB) arranged in an elongated array), aaa’
`
`eat/o oft/oepaaéets melaa’ey part oft/oe trammlmloa taigget ID oat/om t/oe payload a’ata (Davies: paragraph
`
`[0013], disclosing that the data of each respective packet may comprise a different part of an overall
`
`payload comprising an ID of the transmitting device—e.g., that each packet may include a part of
`
`the transmission target ID Within the payload data), and apacket mtmlaer oat/om t/oepaaéet mformatz'oa
`
`(Davies: paragraphs [0012] [0074], disclosing that the packets may contain a respective portion of
`
`the index sequence that is a number that acts as an identifier for distinguishing the packet).
`
`The motivation for combining Jovicic, Xu, and Davies has been discussed in connection
`
`with claim 1, above.
`
`Regarding claim 15, Jovicic, Xu, and Davies disclose: Tloe lzg/ot ID eommam'eatz'oa ystem aeeora’mg
`
`to elalm 77, mloerem t/oe lzg/ot emz'tter trammz'ts at least two oft/oe paaéets a’arz'ag a pemoa’ eorapoaa’mg to oae flame of
`
`t/oe ma’eo eaptarea’ [7y t/oe eamera,
`
`[7y emz'ttmg t/oe moa’alatea’ lzg/ot Govicic: paragraph [0070], disclosing
`
`transmission of an interleaving signal—e.g., multiple packets that maybe captured by a frame of the
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`image sensor).
`
`8.
`
`Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable overJovicic in View of
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`Xu and Feng as applied to claim 1 above, and further in View of Ryan et al. (US
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`2016/0047890, already of record, referred to herein as “Ryan”).
`
`

`

`Application/ Control Number: 16/010,441
`Art Unit: 2484
`
`Page 9
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`Regarding claim 8, Jovicic, Xu, and Davies disclose: T/oe [ig/n‘ ID trnnyinimion deniee neeoro’ing to
`
`eioiin 7, wherein t/oe [ig/n‘ einimion eoni‘roiier dinio’ey t/oe irony/niyyion forget ID into or [east nflrsi‘pnoéei‘, n yeeono’
`
`pocket, and n i/oiro’pnoéei‘, i/oeflrsi‘pnoéei‘ ineino’ey inforinni‘ion indieni‘ing n irony/nimion protoeoi, nno’ nflrsi‘pori‘ion
`
`oft/oe trnnyinimion forget ID, t/oe yeeono’pnoéei‘ ineino’ey n seeono’ portion of t/oe irony/niyyion forget ID, and t/oe t/oiro’
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`pocket ineino’ey n i/oiro’pori‘ion of t/oe trnnyinimion forget ID Govicic: paragraph [0069], disclosing that
`
`symbols of the identifier may be mapped to different time intervals and transmitted as pulse s—e.g.,
`
`first, second, and third packets)...
`
`Jovicic, Xu, and Davies do not explicitly disclose: and information for error detection.
`
`However, Ryan discloses: and information for error deteei‘ion (Ryan: paragraph [0124], disclosing
`
`transmission of an error detection identifier).
`
`At the time the application was effectively filed, it would have been obvious for a person
`
`having ordinary skill in the art to use the error detection of Ryan in the light ID transmission device
`
`ofJovicic, Xu, and Davies.
`
`One would have been motivated to modifyjovicic, Xu, and Davies in this manner in order
`
`to better determine errors associated with transmission of information (Ryan: paragraphs [0124] and
`
`[0125]).
`
`9.
`
`Claims 6, 12—14 and 16—19 are allowed.
`
`Allowable Subject Matter
`
`10.
`
`Claim 20 is 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
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`intervening claims.
`
`

`

`Applicatio n/Control Number: 16/010,441
`Art Unit: 2484
`
`Page 10
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`Conclusion
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`11.
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`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Christopher Braniff whose telephone number is (571) 270—5009. The
`
`examiner can normally be reached on M—F 7AM to 4PM.
`
`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 http:/ /www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful,
`
`the examiner’s supervisor,
`
`Thai Tran can be reached on (571) 272—7382. 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
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR system,
`
`see http:/ /pair—direct.uspto.gov. Should you have questions on access to the Private PAIR system,
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`contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would like
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`
`CHRISTOPHER T. BRANIFF
`
`Primary Examiner
`Art Unit 2484
`
`/CHRISTOPPIER BRANIFF/
`
`Primary Examiner, Art Unit 2484
`
`