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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
`
`16/644,406
`
`03/04/2020
`
`Takuma KIKUCHI
`
`20249.0185USWO
`
`5031
`
`HAY
`
`M
`
`ULERS
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`CARTER, WILLIAM JOSEPH
`
`2875
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/17/2022
`
`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):
`PTOMail @hsml.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`Applicant(s)
`16/644,406
`KIKUCHI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`WILLIAM J CARTER
`2875
`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 04 March 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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*
`1-6 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) 1-6 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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 04 March 2020 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) 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)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received 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)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date3/4/20&4/13/21.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220212
`
`

`

`Application/Control Number: 16/644,406
`Art Unit: 2875
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`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 madein 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 effectivefiling date of the claimed
`invention.
`
`Claims 1-3, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Khuntia (7,801,438).
`
`With respect to claim 1, Khuntia teaches a flash unit (20-22, 31, and 32) that
`
`automatically controls tilt of a light emitting part (21a, 31, and 32) relative to a main unit
`
`during bounce photography (column 7, line 55-column 8, line 15), wherein the light
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`emitting part includes a distance measuring unit (21a, 31, and 32) that measures
`
`reflected light when light is emitted in advance from the light emitting part to a subject
`
`and reflected light when light is emitted in advance from the light emitting part to a
`
`reflector for bounce photography (column 7, line 55-column 8, line 15), the flash unit
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`determines and controls a proper tilt angle of the light emitting part relative to the main
`
`unit based on a distance from the subject and a distance from the reflector, the
`
`distances being measured based on detection by the distance measuring unit, and
`
`directivity for the detection by the distance measuring unit is tilted toward the main unit
`
`

`

`Application/Control Number: 16/644,406
`Art Unit: 2875
`
`Page 3
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`with respect to a horizontal direction in a state in which the light emitting part is directed
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`toward the subject (Fig. 3 and column 7, line 55-column 8, line 29) .
`
`As for claim 2, Khuntia teaches wherein the distance measuring unit (31 and 32)
`
`is a light receiving element that detects reflected light from the subject (Fig. 3 and
`
`column 6, lines 52-62).
`
`Asfor claim 3, Khuntia teaches wherein the distance measuring unit (31 and 32)
`
`includes: a light receiving element (31 and 32) that detects reflected light from the
`
`subject (Fig. 3); and a diaphragm (boundary of 31/32 and 5/12) thatlimits an
`
`acceptance angle oflight reflected into the light receiving element (Fig. 3).
`
`Asfor claim 5, Khuntia teaches flash unit (20-22, 31, and 32) that automatically
`
`controls tilt of a light emitting part relative to a main unit during bounce photography
`
`(column 7, line 55-column 8, line 15), wherein the light emitting part includes a distance
`
`measuring unit (21a, 31, and 32) that measuresreflected light when light is emitted in
`
`advance from the light emitting part to a subject and reflected light when light is emitted
`
`in advance from the light emitting part to a reflector, the flash unit determines and
`
`controls a proper tilt angle of the light emitting part relative to the main unit based on a
`
`distance from the subject and a distance from the reflector, the distances being
`
`measured based on detection by the distance measuring unit (Fig. 3 and column 7, line
`
`55-column 8, line 29), and a direction at a center of a flash coverage (26a, 26e, 26g) of
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`the light emitting part and a direction of a looking angle (24a) are different from each
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`other, the looking angle serving as directivity for the detection by the distance
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`measuring unit (Fig. 3).
`
`

`

`Application/Control Number: 16/644,406
`Art Unit: 2875
`
`Page 4
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`Asfor claim 6, Khuntia teaches wherein the direction of the looking angle is tilted
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`toward the main unit with respect to the direction at the center of the flash coverage
`
`(Fig. 3).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 was made.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Khuntia
`
`in view of Stephenson, Ill (5,392,090).
`
`With respect to claim 4, Khuntia teaches all of the claimed elements, asis
`
`discussed above, as well as teaches wherein the distance measuring unit (21a, 31, and
`
`32) includes: a light receiving element (31 and 32) that detects reflected light from the
`
`subject (column 6, lines 52-62); a diaphragm (boundary of 31/32 and 5/12) thatlimits an
`
`acceptance angle oflight reflected into the light receiving element (Fig. 3); and
`
`directivity for detection by the distance measuring unit is tilted toward the main unit with
`
`respect to a horizontal direction by the light receiving element (Fig. 3).
`
`Khuntia does not explicitly teach a protective filter that has lens characteristics
`
`and is inserted on an optical path oflight reflected into the light receiving element (claim
`
`4).
`
`

`

`Application/Control Number: 16/644,406
`Art Unit: 2875
`
`Page 5
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`As for claim 4, Stephenson also drawnto flash units, teaches a protectivefilter
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`that has lens characteristics and is inserted on an optical path oflight reflected into the
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`light receiving element (column 4, lines 7-14).
`
`It would have been obvious to one of ordinary skill in the art, before the effective
`
`filing date of the present invention, to use the protective filter of Stephenson with the
`
`light receiving element of Khuntia, in order to makethe light receiving element the most
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`sensitive to a desired light (column 4, lines 7-14 of Stephenson).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to WILLIAM JOSEPH CARTER whosetelephone number
`
`is (571)272-0959. The examiner can normally be reached M-F 8am-5pm.
`
`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:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, DIANE | LEE can be reached on 571-272-2399. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
`obtained from Patent Center. Unpublished application information in Patent Center is
`
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`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
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`

`

`Application/Control Number: 16/644,406
`Art Unit: 2875
`
`center for more information about Patent Center and
`
`Page 6
`
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`
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`
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`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/WILLIAM J CARTER/
`Primary Examiner, Art Unit 2875
`2/12/2022
`
`