CTNF 18/999,005 CTNF 84542 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 person shall be entitled to a patent unless – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1, 4 – 6, 10, 12 and 14 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Miyazaki (US 2022/0345639) . Regarding claim 1, Miyazaki discloses a lighting apparatus comprising: a light emitting unit ( 200 ) (¶45,178); at least one processor ( 201 ) (¶41); and a memory coupled to the processor storing instructions that, when executed by the processor, cause the processor to function as: a communication unit ( 211 ) that performs communication with an image pickup apparatus (¶32, 40); a first setting unit that sets a flash mode of the light emitting unit to a first flash mode that causes the light emitting unit to emit light with a flash amount set manually or a second flash mode that causes the light emitting unit to emit light with a flash amount determined by automatic light control (figs. 15; ¶284, 287, 290); and a control unit that, in a case of receiving a command to switch the flash mode of the light emitting unit from the image pickup apparatus via the communication unit, at a time point of receiving the command, performs switching to the second flash mode when the first flash mode has been set and performs switching to the first flash mode when the second flash mode has been set (¶290). Regarding claim 4, Miyazaki disclose the limitations of claim 1, Miyazaki also teaches wherein the first setting unit is capable of setting the flash mode of the light emitting unit to a third flash mode ( multi or GR ) different from the first flash mode and the second flash mode (fig. 15; ¶287), and in a case of receiving the command from the image pickup apparatus in a state where the third flash mode has been set, the control unit does not perform switching of the flash mode of the light emitting unit (¶290: only switch b/w multi and gr ). Claims 5 and 6 rejected for the same reasons as claim 1 and 4, respectively. Regarding claim 10, Miyazaki disclose the limitations of claim 5, Miyazaki also teaches wherein the first setting unit is capable of setting the flash mode of the light emitting unit to a third flash mode ( multi or GR ) different from the first flash mode and the second flash mode (fig. 15; ¶287), the lighting apparatus, the processor is caused to further function as a notifying unit that notifies the image pickup apparatus of second information indicating a flash mode that has been set in the lighting apparatus by communication (¶92), and in the image pickup apparatus, the processor is caused to further function as: an obtaining unit that obtains the second information by communication; and a second control unit that, when the command is generated, does not transmit the command to the lighting apparatus when the second information indicates that the flash mode of the lighting apparatus has been set to the third flash mode. (¶290: only switch b/w multi and gr ). Claims 12 and 14 are rejected as applied to claim 1 above. The method steps as claimed would have been implied by the apparatus of Miyazaki . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2 – 3, 7 – 9, 11, 13, and 15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTOINETTE SPINKS whose telephone number is (571)270-3749. The examiner can normally be reached M-Th 7am - 5pm EST. 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, Twyler Haskins can be reached at 571-272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANTOINETTE T SPINKS/ Primary Examiner, Art Unit 2639 Application/Control Number: 18/999,005 Page 2 Art Unit: 2639 Application/Control Number: 18/999,005 Page 3 Art Unit: 2639 Application/Control Number: 18/999,005 Page 4 Art Unit: 2639 Application/Control Number: 18/999,005 Page 5 Art Unit: 2639 Application/Control Number: 18/999,005 Page 6 Art Unit: 2639
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