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 .
Claim Objections
Claim 6 is objected to because of the following informalities: claim 6 recites each driving power source “is cover” by one of the plurality of protective covers. 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 1-20 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.
Claims 1-20 all include limitations describing that the soft box fabric is stretched to form a “dome-shaped” structure. This renders the claims indefinite. The specification does not provide guidance on what would and what would not be considered a “dome-shaped” soft box. Domes may take a variety of shapes, and it is not clear where the line exists between what would infringe these claims and what would not would not. Therefore the limitation describing a “dome-shaped” structure is a subjective term whose meaning could rely on the opinion of an individual. See MPEP 2173.05(b)(IV). The claims are indefinite because a POSITA would not “understand how to avoid infringement.” MPEP 2173.02(II).
Claim Rejections - 35 USC § 103
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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Terashita, JP 2008-76769 in view of Lin, CN 201917751. Reference below is made to the English translations that are provided with this Office action.
Claim 1: Terashita discloses a back-support softbox (Fig. 1), having an expanded state and a folded state (Fig. 2 and Fig. 4), the back-support softbox comprising:
a foldable frame, comprising a plurality of first rods (Fig. 2: 11), a plurality of second rods (Fig. 2: 13), an upper wheel (Fig. 2: 10), and a lower wheel (Fig. 2: 12/23), wherein each first rod has a fixed end and a free end, and the fixed end is hinged to the upper wheel (Fig. 2: 11. See also page 3, final paragraph); and wherein the plurality of second rods are provided in one- to-one correspondence with the plurality of first rods, one end of each second rod is hinged to a corresponding first rod, and an other end of each second rod is hinged to the lower wheel (Fig. 2: 13. See also pages 3-4);
a flexible reflective fabric (Fig. 1: reflective sheet 1 is sufficiently flexible such that the light box is collapsible. See pg. 3 ¶ 2.), having an inner surface and an outer surface and being attached to the plurality of first rods, wherein in the expanded state, the reflective fabric is stretched to form a dome-shaped structure (Fig. 2. See also the § 112(b) rejection of this limitation);
a plurality of light-emitting components (Fig. 1: 22), and
a support rod, one end of the support rod being fixedly connected to the lower wheel, an other end of the support rod passing through the upper wheel and extending to an outside of the dome-shaped structure (Fig. 4: support shaft 8 is fixed to the lower wheel. When the body is opened, support shaft 8 protrudes rearward, thus this end extends to an outside of the structure. See pg. 4 ¶ 2.),
wherein when the back-support softbox is transformed from the folded state to the expanded state, the upper wheel and the lower wheel move toward each other, and the plurality of first rods and the plurality of second rods rotate away from the support rod; and when the back- support softbox is transformed from the expanded state to the folded state, the upper wheel and the lower wheel move away from each other, and the plurality of first rods and the plurality of second rods rotate toward the support rod (See Fig. 4 and pages 3-4, which corresponds to this claim language and its description in the specification).
Terashita does not disclose that the light emitting components are provided on the inner surface of the reflective fabric.
Lin discloses a soft box with light emitting components that are provided on the inner surface of the reflective fabric (Fig. 5 and ¶ 19 – strips 3b are light emitting diodes that are provided on the interior surface of the soft box.).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Terashita with these teachings in Lin, the rationale being to provide a more uniform, smaller, and more energy efficient light source.
Claim 2: Terashita-Lin discloses that each light-emitting component comprises a substrate and a plurality of LED beads mounted on the substrate (Lin Fig. 6 and ¶ 19).
Claim 3: Terashita-Lin discloses that each substrate is strip-shaped and extends in a radial direction of the back-support softbox (Lin Fig. 5).
Claim 4: Terashita-Lin discloses that each two adjacent first rods are formed with a fan-shaped region therebetween, and the fan-shaped region is provided with at least one of the plurality of light-emitting components (Lin Fig. 5; Terashita Fig. 3).
Claim 5: Terashita-Lin discloses that the substrate is provided with a driving power source (Lin ¶ 19: power line 41).
Claim 6: Terashita-Lin discloses a plurality of protective covers, wherein each driving power source is cover by one of the plurality of protective covers (Lin ¶ 20 – shield 22 covers supply lines 41).
Claim 7: Terashita-Lin renders obvious that a plug is provided on the outside of the dome-shaped structure, and the plug is electrically connected to the plurality of light- emitting components (Lin Fig. 1: supply line 41 supplies electricity to the LEDs via supply controller 4. This implicitly requires a plug to connect the power supply line 41 to an electrical outlet. In case it is argued that Terashita-Lin does not teach or suggest this, official notice is taken that using a plug to supply electricity to a supply line 41 such as that in Lin was well known, and it would have been obvious to the POSITA to include this in order to properly power the LEDs. In addition, Terashita shows a plug to power its light sources: see Fig. 1).
Claim 8: Terashita-Lin does not appear to explicitly describe that a switch is provided on a wire connecting the plug and the plurality of light-emitting components. However, official notice is taken that this was well known before the effective filing date of the claimed invention. Therefore it would have been obvious to the POSITA to modify Terashita-Lin to include this, the rationale being to simplify operation of the device.
Claim 9: Terashita-Lin does not disclose that a locking member is provided on the support rod for locking the frame to maintain the back-support softbox in the expanded state. But official notice is taken that this was well known in the art before the effective filing date of the claimed invention. For example, umbrellas containing such a locking member were widely known. Therefore it would have been obvious to the POSITA to modify Terashita-Lin to include this, the rationale being to ensure that the structure remains open.
Claim 10: Terashita-Lin does not disclose a limiting member is provided on the support rod for restricting movement of the upper wheel to prevent the dome-shaped structure from over-expanding. But official notice is taken that this was well known in the art before the effective filing date of the claimed invention. For example, umbrellas containing such a limiting member were widely known. Therefore it would have been obvious to the POSITA to modify Terashita-Lin to include this, the rationale being to ensure that the soft box is not inadvertently damaged by opening it beyond a certain point.
Claim 11: Terashita-Lin discloses a gripping member is provided at an end of the support rod (Terashita Fig. 2 and Lin Fig. 4 show a member that is capable of being gripped to aide in expansion and collapse of the umbrella).
Claim 12: Terashita-Lin discloses a connecting base mounted on the support rod (Terashita Fig. 2).
Claim 13 Terashita-Lin discloses a diffusion cloth or a grid mounted at an opening of the dome-shaped structure (Terashita Fig. 1: diffuser 4).
Claim 14: Terashita-Lin discloses that the reflective fabric comprises a central area and a peripheral area surrounding the central area, the central area has a double- layered structure, and a wire connected to the plurality of light-emitting components is hidden within an interlayer of the double-layered structure (Lin Fig. 6 and ¶ 20.).
Claim 15: Terashita-Lin discloses that the back-support softbox has a central axis, and the support rod is arranged along the central axis (Terashita Fig. 2).
Claim 16: the Terashita-Lin combination that is described above discloses a softbox, comprising:
a frame, comprising an upper wheel (Terashita Fig. 2: 10) and a plurality of first rods (Terashita Fig. 2: 11), the plurality of first rods being arranged radially from the upper wheel as a center (Terashita see Fig. 3);
a reflective fabric, the reflective fabric being attached to the plurality of first rods and stretched to form a dome-shaped structure, the dome-shaped structure having an inner surface and an outer surface (Terashita Fig. 1: reflective sheet 1 is sufficiently flexible such that the light box is collapsible. See pg. 3 ¶ 2. See also the § 112(b) rejection due to this language);
a plurality of light-emitting components, provided on the inner surface of the dome-shaped structure (Lin Fig. 5 and ¶ 19 – strips 3b are light emitting diodes that are provided on the interior surface of the soft box); and
a support rod, wherein one end of the support rod is connected to the frame, and an other end of the support rod extends away from a light-emitting opening of the dome-shaped structure to an outside of the dome-shaped structure (Terashita Fig. 4: support shaft 8 is fixed to the lower wheel. When the body is opened, support shaft 8 protrudes rearward, thus this end extends to an outside of the structure. See pg. 4 ¶ 2.).
Claim 17: see rejection of claim 1 above.
Claim 18: Terashita-Lin discloses a photographic auxiliary device, comprising a stand and the softbox according to claim 16 mounted on the stand, wherein the support rod is connected to the stand (see rejection of claim 16, and Terashita Fig. 2 and Lin Fig. 1).
Claim 19: Terashita-Lin discloses that the support rod is arranged horizontally, and a back side of a light-emitting opening of the dome-shaped structure faces the stand (Terashita Fig. 2, Lin Fig. 1).
Claim 20: Terashita-Lin discloses that the support rod is provided with a connecting base for connecting to the stand (Terashita Fig. 2 and Lin Fig. 1), and the connecting base is slidable relative to the support rod (This is clearly depicted in Lin Fig. 1).
Alternative Claim Rejections - 35 USC § 103
Claims 1-12 and 14-20 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Hsu, TW 1696877 in view of Lin.
Claim 1: Hsu discloses a back-support softbox (Fig. 3), having an expanded state and a folded state (Fig. 3 and Fig. 10), the back-support softbox comprising:
a foldable frame, comprising a plurality of first rods (Fig. 3: 7), a plurality of second rods (Fig. 3: 6. See also Fig. 2-3: the piece connecting from rib 7 to connecting piece 62), an upper wheel (Fig. 3: 5), and a lower wheel (Fig. 3: 6), wherein each first rod has a fixed end and a free end, and the fixed end is hinged to the upper wheel (This is depicted in Figs. 2-3 and Fig. 3); and wherein the plurality of second rods are provided in one- to-one correspondence with the plurality of first rods, one end of each second rod is hinged to a corresponding first rod, and an other end of each second rod is hinged to the lower wheel (See Fig. 2-3 and Fig. 3);
a flexible reflective fabric (Hood cloth is flexible. See Abstract and the Figures), having an inner surface and an outer surface and being attached to the plurality of first rods, wherein in the expanded state, the reflective fabric is stretched to form a dome-shaped structure (The POSITA would conclude from Fig. 3 that the expanded soft box has an essentially dome shaped structure); and
a support rod, one end of the support rod being fixedly connected to the lower wheel, an other end of the support rod passing through the upper wheel and extending to an outside of the dome-shaped structure (Fixed tube 2 – see Fig. 3 and Fig. 10 and their description – meets this claim language),
wherein when the back-support softbox is transformed from the folded state to the expanded state, the upper wheel and the lower wheel move toward each other, and the plurality of first rods and the plurality of second rods rotate away from the support rod; and when the back- support softbox is transformed from the expanded state to the folded state, the upper wheel and the lower wheel move away from each other, and the plurality of first rods and the plurality of second rods rotate toward the support rod (This is depicted in Fig. 3 and Fig. 10, which show the soft box in an open and closed state).
Hsu does not disclose a plurality of light emitting components, where the light emitting components are provided on the inner surface of the reflective fabric.
Lin discloses a soft box with light emitting components that are provided on the inner surface of the reflective fabric (Fig. 5 and ¶ 19 – strips 3b are light emitting diodes that are provided on the interior surface of the soft box.).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Hsu with these teachings in Lin, the rationale being to provide a uniform, small, and energy efficient light source.
Claim 2: Hsu-Lin discloses that each light-emitting component comprises a substrate and a plurality of LED beads mounted on the substrate (Lin Fig. 6 and ¶ 19).
Claim 3: Hsu-Lin discloses that each substrate is strip-shaped and extends in a radial direction of the back-support softbox (Lin Fig. 5).
Claim 4: Hsu-Lin discloses that each two adjacent first rods are formed with a fan-shaped region therebetween, and the fan-shaped region is provided with at least one of the plurality of light-emitting components (Lin Fig. 5; Hsu Fig. 2-3 shows that plural ribs 7 will connect to clamping block 51 to form a hood having this structure).
Claim 5: Hsu-Lin discloses that the substrate is provided with a driving power source (Lin ¶ 19: power line 41).
Claim 6: Hsu-Lin discloses a plurality of protective covers, wherein each driving power source is cover by one of the plurality of protective covers (Lin ¶ 20 – shield 22 covers supply lines 41).
Claim 7: Hsu-Lin renders obvious that a plug is provided on the outside of the dome-shaped structure, and the plug is electrically connected to the plurality of light- emitting components (Lin Fig. 1: supply line 41 supplies electricity to the LEDs via supply controller 4. This implicitly requires a plug to connect the power supply line 41 to an electrical outlet. In case it is argued that Hsu-Lin does not teach or suggest this, official notice is taken that using a plug to supply electricity to a supply line 41 such as that in Lin was well known, and it would have been obvious to the POSITA to include this in order to properly power the LEDs).
Claim 8: Hsu-Lin does not appear to explicitly describe that a switch is provided on a wire connecting the plug and the plurality of light-emitting components. However, official notice is taken that this was well known before the effective filing date of the claimed invention. Therefore it would have been obvious to the POSITA to modify Hsu-Lin to include this, the rationale being to simplify operation of the device.
Claim 9: Hsu-Lin discloses a locking member provided on the support rod for locking the frame to maintain the back-support softbox in the expanded state (Hsu Fig. 3 through Fig. 9 and their description).
Claim 10: Hsu-Lin does not disclose a limiting member is provided on the support rod for restricting movement of the upper wheel to prevent the dome-shaped structure from over-expanding. But official notice is taken that this was well known in the art before the effective filing date of the claimed invention. For example, umbrellas containing such a limiting member were widely known. Therefore it would have been obvious to the POSITA to modify Hsu-Lin to include this, the rationale being to ensure that the soft box is not inadvertently damaged by opening it beyond a certain point.
Claim 11: Hsu-Lin discloses a gripping member is provided at an end of the support rod (Hsu Fig. 3 and Lin Fig. 4 show a member that is capable of being gripped to aide in expansion and collapse of the umbrella).
Claim 12: Hsu-Lin discloses a connecting base mounted on the support rod (Hsu Fig. 10 depicts a connecting base. See also Lin Fig. 1).
Claim 14: Hsu-Lin discloses that the reflective fabric comprises a central area and a peripheral area surrounding the central area, the central area has a double- layered structure, and a wire connected to the plurality of light-emitting components is hidden within an interlayer of the double-layered structure (Lin Fig. 6 and ¶ 20.).
Claim 15: Hsu-Lin discloses that the back-support softbox has a central axis, and the support rod is arranged along the central axis (Hsu Fig. 3).
Claim 16: the Hsu Lin combination that is described above discloses a softbox, comprising:
a frame, comprising an upper wheel and a plurality of first rods, the plurality of first rods being arranged radially from the upper wheel as a center (Hsu Fig. 2-3 and Fig. 3);
a reflective fabric, the reflective fabric being attached to the plurality of first rods and stretched to form a dome-shaped structure, the dome-shaped structure having an inner surface and an outer surface (Hsu Fig. 3 and Abstract. See rejection of claim 1);
a plurality of light-emitting components, provided on the inner surface of the dome-shaped structure (Lin Fig. 5 and ¶ 19 – strips 3b are light emitting diodes that are provided on the interior surface of the soft box); and
a support rod, wherein one end of the support rod is connected to the frame, and an other end of the support rod extends away from a light-emitting opening of the dome-shaped structure to an outside of the dome-shaped structure (Hsu’s fixed tube 2 – see Fig. 3 and Fig. 10 and their description – meets this claim language).
Claim 17: see rejection of claim 1 above.
Claim 18: Hsu-Lin discloses a photographic auxiliary device, comprising a stand and the softbox according to claim 16 mounted on the stand, wherein the support rod is connected to the stand (see rejection of claim 16, and Hsu Fig. 10 and Lin Fig. 1).
Claim 19: Hsu-Lin discloses that the support rod is arranged horizontally, and a back side of a light-emitting opening of the dome-shaped structure faces the stand (Hsu Fig. 3, Lin Fig. 1).
Claim 20: Hsu-Lin discloses that the support rod is provided with a connecting base for connecting to the stand (Hsu Fig. 10 and Lin Fig. 1), and the connecting base is slidable relative to the support rod (This is clearly depicted in Lin Fig. 1).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu-Lin in view of Terashita.
Claim 13 Hsu-Lin does not disclose a diffusion cloth or a grid mounted at an opening of the dome-shaped structure. But Terashita discloses this (Terashita Fig. 1: diffuser 4). It would have been obvious to the skilled artisan before the effective filing date of the claimed invention to modify Hsu-Lin with this teaching in Terashita, the rationale being to provide a more uniform light.
Conclusion
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/ROBERT J HANCE/Reexamination Specialist, Art Unit 3992
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