DETAILED ACTION
Notice of Pre-AIA 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 .
Response to Arguments
Applicant's arguments filed 22 July 2026 have been fully considered but they are not persuasive.
On page 8 of the response, the applicant argues that the amendments to the claims overcome the rejection under 112(b). Specifically, on the bottom of page 8 the applicant states that “distant” has been revised to “spaced in time” and that Figure 6 clearly shows Tai pulses “spaced in time” from TBi pulses. However, the claim language, for example, recites the binary signal has pulses “spaced in time” from the first durations and second durations, respectively. Figure 6 shows PWM signal has binary signals PA and PB, and also shows the first and second durations Tai and TBi, where it can clearly be seen in Figure 6 that the pulses of the binary signal and the durations are not spaced apart in time, but instead the pulses overlap in time with the durations. This is why the claims were previously rejected based on the term “distant” as it was stated in the previous rejection that “Figure 6, for example, don’t show any pulses that are “far away in time”, “far away in space” or “far away in relationship” so it is unclear what applicant is intending to claim.”
Therefore, the rejection is maintained and updated based on the amendment.
Claim Objections
Claims 9-11 are objected to because of the following informalities:
Claims 9-11 depend from claim 8, which has been cancelled. Claim 9’s dependency should be changed to claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-4, 6-7, 9-14, 16 and 19 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claims 1 and 19 recite similar limitations “some of said pulses of the cycle being spaced in time from the first durations and some of said pulses of the cycle being spaced in time from the second durations.”
However, nowhere in the specification is it described exactly that the pulses are “spaced in time,” rather the specification merely just recites “distant from.” Paragraph [0062] of applicant’s specification says timing signal “PWM” comprises pulses that are distant from TAi and pulses that are distant from TBi, however, Figure 6, for example, don’t show any pulses that are “spaced in time” from the durations as claimed, so it is unclear what applicant is intending to claim by saying “spaced in time” in terms of the relationships of the pulses to the durations as claimed.
As explained in the response to arguments above, Figure 6 shows PWM signal has binary signals PA and PB, and also shows the first and second durations TAi and TBi, where it can clearly be seen in Figure 6 that the pulses of the binary signal and the durations are not spaced apart in time, but instead the pulses overlap in time with the durations. Based on what Figure 6 is actually showing, it appears that the binary signals PA and PB of PWM has pulses that are spaced in time from each other based on the first and second durations. See applicant’s own paragraph [0062] of the specification which states “the pulses used to determine the first durations TAi could precede or follow the pulses used to determine the second durations TBi.” Thus, the claims are being examined based on this interpretation, however, for clarity purposes, the claims should be amended to clearly state that is actually occurring with the pulses to be commensurate with what is shown in Figure 6.
Claims 3-4, 6-7, 9-14 and 16 are rejected due to their dependency from claim 1.
Allowable Subject Matter
Claims 1, 3-4, 6-7, 9-14, 16 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The primary reasons for indicating allowable subject matter is the inclusion of the limitations reciting “at least a first conductive pad intended to receive a second binary signal comprising cycles of pulses, and connected to said electronic circuit, for each cycle, some of said pulses of the cycle being spaced in time from the first durations and some of said pulses of the cycle being spaced in time from the second durations, said electronic circuit being configured to switch on or off said light-emitting diode during the first durations based on said pulses spaced in time from the first durations or the second durations based on said pulses spaced in time from the second durations” which, in combination with the other recited features, is not taught and/or suggested either singularly or in combination within the prior art.
In the closest prior art (Lee (US 2021/0049957); Kim (US 2021/0256898); Rotzoll et al. (US 2018/0197471); Lee et al. (US 2023/0154387)), it is not taught and/or suggested of a second binary signal with first and second pulses as claimed, which as distant from each other, and switching the LED on/off during the durations based on the pulses of that binary signal that is spaced in time as shown in Figure 6 of applicant’s specification.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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 MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN G SHERMAN whose telephone number is (571)272-2941. The examiner can normally be reached Monday - Friday, 8:00am - 4pm ET.
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, AMR AWAD can be reached at (571)272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN G SHERMAN/Primary Examiner, Art Unit 2621
9 August 2026
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