www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/411,976
`
`05/14/2019
`
`Keisuke SEKI
`
`NIIPP0213USA
`
`2824
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`LE, TUNG X
`
`2844
`
`07/23/2019
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`Applicant(s)
`16/411,976
`SEKI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`TUNG X LE
`2844
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)[¥] Responsive to communication(s)filed on 05/14/2019.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)(] This action is FINAL. 2b))This action is non-final.
`3)() An election was made bythe applicant in responseto 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 meritsis
`closed in accordance with the practice under Exparfe Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`6 7
`
`Disposition of Claims*
`1-7 and 15 is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s)__ is/are withdrawn from consideration.
`C] Claim(s} _is/are allowed.
`Claim(s) 1-7 and 15 is/are rejected.
`8) ( Claim(s)__ is/are objected to.
`9)
`(4 Claim(s)
`are subject to restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s) filed on __is/are: a). accepted or b)(_) 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).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)1) None of the:
`b)( Some**
`a)) All
`1.4} Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.1) Copies of the certified copies of the priority documents have been receivedin 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 5/14/201 and 6/5/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(7) Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20190718
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 2
`
`DETAILED ACTION
`
`The present application, filed on or afier March 16, 2013, is being examined underthefirst
`
`inventor to file provisions of the AIA.
`
`This Office Action is in response to the Applicant’s communication filed on May 14,
`
`2019 and preliminary amendment concurrently filed therewith. In virtue of this preliminary
`
`amendment:
`
`e Claims 8-14 and 16 are cancelled; and thus,
`
`e Claims 1-7 and 15 are now pendingin the instant application.
`
`Priority
`
`1.
`
`2.
`
`Receipt is acknowledged ofcertified copies of papers required by 37 CFR 1.55.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 05/14/2019 and 06/05/2019 is
`
`in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`4.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly pointing
`out and distinctly claiming the subject matter which the inventoror a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`5.
`
`Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph,as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the
`
`invention.
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 3
`
`Asclaim 1, the recitation of “which supplies a first current modulated according to a
`
`visible light communication signal” in lines 5-6 renders the claim indefinite sinceit is not clear
`
`whereand whatis the structure in the claim to provide the visible signal thereof.
`
`6.
`
`Claims 2-7 and 15 are also rejected under 112 second paragraph as being dependent upon
`
`rejected claim 1.
`
`Claim Rejections - 35 USC § 102
`
`7.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) 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.
`
`8.
`
`Claims 1-3 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Chikugawa (US 2006/0202915).
`
`With respect to claim 1, Chikugawadiscloses in figures 6-7 an illuminating apparatus,
`
`comprising a first light emitter (12, e.g., blue + green color emitter); a second light emitter (13,
`
`e.g., red color emitter) which emits light including more predefined color components than light
`
`emitted by the first light emitter (see figure 6); and a lighting device (11B) which suppliesa first
`
`current (If1) modulated accordingto a visible light communication signal (CS), to the first light
`
`emitter, wherein the lighting device supplies a constant current (If2) to the secondlight emitter,
`
`while the first current is supplied to the first light emitter (see figure 7).
`
`With respect to claim 2, Chikugawadiscloses that wherein the first light emitter emits
`
`white light having a first color temperature, and the secondlight emitter emits white light having
`
`a second color temperature lowerthan the first color temperature (see paragraphs 0044-0046 and
`
`0066).
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 4
`
`VOLTAGE
`| SOURCE.
`
`
` CONSTANT
`
`
`
`es
`LS
`a
`a
`
`nanan
`
`FIGS
`
`eeoeahIRD,iletBe:‘
`
`y
`4
`
`33{5'5té3:a4aiiiG
`
`na
`
`:5
`
`;
`
`eR
`
`q
`4
`i
`i
`
`5
`a
`’
`!
`t
`+
`‘
`
`
`
`
`
`
`
`Q
`8
`t
`8
`:
`:
`x
`i
`3
`:
`t
`g
`t
`4
`a
`x
`4
`8
`t
`a
`i
`S
`\
`3
`g
`3
`1
`$
`:
`3
`’
`i
`4
`s
`d
`a
`5
`1
`3
`‘
`i
`4
`i
`‘
`i
`8
`'
`’
`§
`:
`t
`\
`:
`'
`f
`:
`:
`s
`i
`x
`:
`£
`‘
`i
`4
`:
`:
`a
`8
`t
`z
`3
`t
`3
`‘
`ire
`;
`:
`|
`8
`s
`2
`4
`1
`\
`:
`4
`
`
`-pocenanenceederrnrerreresRAIAAADCIPEEREEEETTT ANN.ARNT
`‘
`*
`.
`;
`t
`:
`SS a
`i
`}
`3
`:
`:
`F
`q
`2
`z
`’
`i
`5
`i
`go:
`3
`3
`i
`:
`Dannerreeetssdisanvarenvalamnmnnnifen———_Slossarconnaheennanererrerterrerrerssassasaanosanooccmmeeate ff
`
`
`
`x
`4
`
`With respect to claim 3, Chikugawadiscloses that wherein the first light emitter includes
`
`a first light emitting element (Blue LED) which emits blue light and a second light emitting
`
`element (Green LED) which emits green light (see figure 6), the second light emitter includes a
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 5
`
`third light emitting element which emits red light (Red LED 13), and the lighting device supplies
`
`the constant current to the second light emitter while the first current is supplied to thefirst light
`
`emitter (see figures 6-7).
`
`With respect to claim 7, Chikugawadiscloses that wherein the first light emitter blinks
`
`while the first current is supplied tothe first light emitter, and the second light emitter continues
`
`to emit light while the first current is supplied to thefirst light emitter (see figure 7).
`
`With respect to claim 15, Chikugawadiscloses that a signboard, comprising the
`
`illuminating apparatus according to claim 1, and a display panelthat is illuminated by the
`
`illuminating apparatus andincludesat least one of a text character and a graphic (see paragraph
`
`0014, e.g., a backlight of a liquid crystal display ...).
`
`Allowable Subject Matter
`
`9.
`
`Claims 4-6 are objected to as being dependent upona rejected base claim, but would be
`
`allowable if rewritten in independent form includingall of the limitations of the base claim and
`
`any intervening claims and if overcome the 112 rejection set forth above.
`
`Conclusion
`
`10.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`Prior art Bora et al. — US 2016/0323972 (see figures 3-4)
`
`Prior art Sutardja et al. - US 2013/0057163 (see figure 4A)
`
`Prior art Chikugawaet al. - US 2005/0280375 (see figure 6)
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 6
`
`11.—Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X LE whosetelephone numberis (571)272-6010. The
`
`examiner can normally be reached on Mondayto Friday from 10am to 6pm.
`
`Examinerinterviewsare 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 examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Douglas W Owenscan be reached on 571-272-1662. The fax phone numberfor the
`
`organization wherethis 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, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would
`
`like assistance from a USPTO CustomerService Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/TUNG X LE/
`Primary Examiner, Art Unit 2844
`July 18, 2019
`
`