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`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
`
`01/22/2020
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/411,976
`Examiner
`TUNG X LE
`
`Applicant(s)
`SEK\etal.
`Art Unit
`2844
`
`AIA (FITF) Status
`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 10/23/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-7 and 15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CJ Claim(s)__ is/are allowed.
`Claim(s) 1-3,7 and 15 is/are rejected.
`Claim(s) 4-6 is/are objectedto.
`C1) 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:/Awww.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) filedon__is/are: a)C) accepted or b)C) 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L None ofthe:
`b)LJ Some**
`a)L) All
`1.) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) 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 09/27/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200117
`
`

`

`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 amendment submitted on October 23,
`
`2019. In virtue of this amendment:
`
`e Claims 8-14 and 16 are cancelled; and thus,
`
`e Claims 1-7 and 15 are now pendingin the instant application.
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on 09/27/2019 is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis being
`
`considered by the examiner.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`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, notwithstanding that the claimed inventionis not
`identically disclosed asset 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 obviousbefore 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 mannerin which the invention was made.
`
`3.
`
`Claims 1-3, 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Chikugawa (US 2006/0202915 of record) in view of Weaver (US 2014/0265894).
`
`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
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 3
`
`emitter, wherein the lighting device supplies a constant current (If2) to the second light emitter,
`
`while the first current is supplied to the first light emitter (see figure 7).
`
`Chikugawadoesnot explicitly disclose a control circuit that obtains a visible light
`
`communication signal that causes light emitted by the illuminating apparatus to blink at a rate
`
`that is unrecognizable to human eyes and a bright and dark pattern created by the blinking light
`
`is a data transmission signal, the control circuit controlling a first current supplied to the first
`
`light emitter by modulating the first current according to the visible light communication signal.
`
`Weaverdiscloses in figures 4-5 an illuminating apparatus, comprising light emitters
`
`(LEDstrings 1-5) and a control circuit (506-507) that obtains a visible light communication
`
`signal (CS) that causes light emitted by the illuminating apparatus to blink at a rate that is
`
`unrecognizable to humaneyes and a bright and dark pattern created by the blinkinglightis a data
`
`transmission signal, the control circuit controlling a first current suppliedto the first light emitter
`
`by modulating the first current according to the visible light communication signal (see
`
`paragraph 0006).
`
`It would have been obviousto one of ordinary skill in the art at the time the invention
`
`was made to modify the apparatus of Chikugawawith a control circuit having a communication
`
`signal thereof as taught by Weaverfor the purpose of improving a desired brightness level of the
`
`light source since this configuration for the stated purpose would have been deemed obviousto a
`
`person skilled in the art.
`
`With respect to claim 2, the combination of Chikugawa and Weaverdisclose that
`
`wherein thefirst light emitter emits white light having a first color temperature, and the second
`
`light emitter emits white light having a second color temperature lowerthan thefirst color
`
`temperature (see paragraphs 0044-0046 and 0066).
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`FIGS
`
`Page 4
`
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`With respect to claim 3, the combination of Chikugawa and Weaverdisclose that wherein
`
`the first light emitter includesa first light emitting element (Blue LED) which emits blue light
`
`and a secondlight emitting element (Green LED) which emits green light (see figure 6), the
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 5
`
`second light emitter includes a 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 the first light emitter (see figures 6-7).
`
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`\
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`
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`
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`
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`
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`
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`
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`
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`
`
`
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`
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`
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`
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`
`With respect to claim 7, the combination of Chikugawa and Weaverdisclose that wherein
`
`the first light emitter blinks while the first current is supplied to the first light emitter, and the
`
`second light emitter continues to emit light while the first current is supplied to the first light
`
`emitter (see figure 7).
`
`With respect to claim 15, the combination of Chikugawa and Weaverdisclose that a
`
`signboard, comprising the illuminating apparatus according to claim 1, and a display panelthatis
`
`illuminated by the illuminating apparatus and includesat least one of a text character and a
`
`graphic (see paragraph 0014, e.g., a backlight of a liquid crystal display...).
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 6
`
`Allowable Subject Matter
`
`4.
`
`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.
`
`Response to Arguments
`
`5.
`
`Applicant’s arguments with respect to claims 1-3, 7 and 15 have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the current
`
`rejection.
`
`Conclusion
`
`6.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`Prior art Callahan — US 2004/0207341
`
`7.
`
`Applicant's amendmentnecessitated 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 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortenedstatutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(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 MONTHSfrom the date ofthis
`
`final action.
`
`

`

`Application/Control Number: 16/411,976
`Art Unit: 2844
`
`Page 7
`
`8.
`
`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, Alexander H Taningco can be reached on 571-272-8048. The fax phone numberfor
`
`the organization wherethis application or proceeding is assigned 1s 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
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`
`1000.
`
`/TUNG X LE/
`Primary Examiner, Art Unit 2844
`January 17, 2020
`
`