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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
`
`16/417,775
`
`05/21/2019
`
`SEIGO YAMANAKA
`
`731056.475C1
`
`5248
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`DINH, LYNDA
`
`PAPER NUMBER
`
`ART UNIT
`
`2865
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`05/12/2022
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/417,775
`Examiner
`LYNDA DINH
`
`Applicant(s)
`YAMANAKA etal.
`Art Unit
`AIA (FITF) Status
`2865
`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 03/10/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 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\0) 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*
`7-8,15-16 and 20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 7-8,15-16 and 20 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto 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)0) The drawing(s) filedon__ is/are: a)(J 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.4% 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220504
`
`

`

`Application/Control Number: 16/417,775
`Art Unit: 2865
`
`Page 2
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`Notice of Pre-AlA 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
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Response to Amendment
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`2.
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`Applicant's amendmentsfiled 03/10/2022 to claims are accepted and entered. In
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`this amendment, claims 1-6, 9-14, and 17-19 have been withdrawn; claims 7-8 and 15-
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`16 have been amended; claim 20 has been added. In response, the 112 rejection is
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`withdrawn.
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`Responseto Argument
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`3.
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`Applicant’s argumentsfiled on 03/10/2022 to the claims have been fully
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`considered and persuasive and thus the prior art rejection has been withdrawn.
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`Claim Objections
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`4.
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`Claim 20 is objected to because of the following informalities:
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`In claim 20, the “.” at the end on page 11 should be deleted. Appropriate
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`correction is required.
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`Claim Rejections - 35 USC § 112
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`5.
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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.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`

`

`Application/Control Number: 16/417,775
`Art Unit: 2865
`
`Page 3
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`6.
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`Claims 7-8, 15-16 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
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`(pre-AlA), second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AlA
`
`the applicant regards asthe invention.
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`a. The recitation in claim 7, “output a plurality of first detection patterns with three
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`digits accordance with the plurality of positions based on the first or second values
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`output by (1) the first, second, and third detectors, respectively” (page 7 lines 13-15)
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`and “output a plurality of first detection patterns with three digits accordance with the
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`plurality of positions based on the first or second values output by (2) the third, fourth,
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`and fifth detectors, respectively” (page 7 lines 22-25), indefinite. It is unclear whether (2)
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`is “the fourth, fifth, and sixth” based on (1)?
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`b. Further, in page 7 lines 13-14 “output a plurality of the first detection patterns
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`with three digits in accordance with the plurality of positions” and lines 22-23 “output a
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`plurality of second detection patterns with three digits in accordance with the plurality of
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`positions” is indefinite.
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`It is unclear wnether Applicant means three digits in accordance
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`with up to five positions as recited in page7 line 6?
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`c. In claim 7, page 8, claim 8, and claim 16, “three predetermined positions” lacks
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`antecedentbasis. It is unclear whether these “three predetermined positions” are
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`amongaplurality of positions up to five positions as recited in page 7 line 6?
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`d. In page 8 lines 4-7, “each one of the three of the plurality of first detection
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`patterns corresponding to one of the three predetermined positions is different from
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`other ones of the three of the plurality of first detection patterns corresponding to the
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`three predetermined positions,” and lines 13-16, “each one of the three of the
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`

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`Application/Control Number: 16/417,775
`Art Unit: 2865
`
`Page 4
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`plurality of second detection patterns corresponding to one of the three predetermined
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`position is different from other ones of the three of the plurality of second detection
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`patterns corresponding to the three predetermined positions,” is indefinite.
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`It is unclear
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`whether Applicant means three predetermined positions among five positions having
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`three detection patterns corresponding to either the first detection system or the second
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`detection system, where each pattern represents each detector?
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`e. In page 8 line 17, “wherein any of two remaining positions” lacks antecedent
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`basis. It is unclear whether these two remaining positions among up to 5 positions other
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`than the three predetermined positions?
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`f. The recitation in claims 7-8 and 16, “the plurality of positions” is indefinite
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`because it can be assumedas6, 10, 100 or more. However, “a plurality of positions up
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`to five positions” as recited in claim 7 line 6.
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`Dependent claims are rejected for the same reason asits respective parent
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`claim.
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`Novel and Non-Obvious Subject Matter
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`7.
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`Claims 7-8, 15-16 and 20 are considered novel and non-obvious subject matter
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`with respectto the prior art, but depend from claims presently rejected under 35 USC
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`112.
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`The following is an examiner's statement of reason for allowance:
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`The prior art of record Iwata in combination with Kitamoto although teaches a
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`first and second region displaceable with five positions of R, N, D, H and B and power
`
`supply systems for detection systems, but does not teacha first detection system
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`includesa first and a second detection systems, each detection system includes three
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`

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`Application/Control Number: 16/417,775
`Art Unit: 2865
`
`Page 5
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`detectors, having 5 positions, the first and second detection system, each outputs
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`detection patterns with three digits of the five positions based on a first or second values
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`outputs by the first, second, and third detectors respectively, each digit among three
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`digits of the first and second detection patterns corresponding to one of a three
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`predetermined positions is different from other detection patterns, the two remaining
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`positions of the five positions of the three digits of the first and second detection
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`patterns are set to be identical to each other as recited in claim 7.
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`Conclusion
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`8.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
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`In the eventa first reply is filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`5.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to LYNDA DINH whosetelephone number is (571)270-
`
`7150. The examiner can normally be reached on Mon-Fri between 9AM-6PM ET.
`
`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`

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`Application/Control Number: 16/417,775
`Art Unit: 2865
`
`Page 6
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Arleen Vazquez can be reached on (571)272-2619. 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
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`
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`
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`
`/LYNDA DINH/
`Examiner, Art Unit 2865
`
`/ALEXANDER SATANOVSKY/
`Primary Examiner, Art Unit 2863
`
`