UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`APPLICATION NO. (cid:9)
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`10/285,312
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`FILING DATE
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`10/31/2002
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`1
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO. I CONFIRMATION NO.
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`James E. Smith
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`1-23649
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`1413
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`10/05/2005
`7590 (cid:9)
`27210 (cid:9)
`MACMILLAN, SOBANSKI & TODD, LLC
`ONE MARITIME PLAZA - FOURTH FLOOR
`720 WATER STREET
`TOLEDO, OH 43604
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`EXAMINER
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`ALAVL ALI
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`ART UNIT (cid:9)
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`I (cid:9)
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`PAPER NUMBER
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`2875
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`DATE MAILED: 10/05/2005
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 10/03)
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`SL Corp. Exhibit 1013
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`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
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`Application No.
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`Applicant(s)
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`Office Action Summary
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`SMITH ET AL.
`10/285,312
`Examiner
`Art Unit
`2875
`Ali Alavi
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- (cid:9) Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
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`1)0 Responsive to communication(s) filed on 18 July 2005.
`2a)0 This action is FINAL. (cid:9)
`2b)q This action is non-final.
`3)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 Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)0 Claim(s) 1-5 and 7-13 is/are pending in the application.
` is/are withdrawn from consideration.
`4a) Of the above claim(s) (cid:9)
`is/are allowed.
`5)q Claim(s) (cid:9)
`6)Z Claim(s) 1-5, and 7-13 is/are rejected.
`is/are objected to.
`7)0 Claim(s) (cid:9)
`are subject to restriction and/or election requirement.
`8)0 Claim(s) (cid:9)
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`Application Papers
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`9)E] The specification is objected to by the Examiner.
`is/are: a)[] accepted or b)q objected to by the Examiner.
`10)E] The drawing(s) filed on (cid:9)
`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).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)C] All b)EI Some * c)E None of:
`1.0 Certified copies of the priority documents have been received.
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`2.E Certified copies of the priority documents have been received in Application No. (cid:9)
`3.E1 Copies of the certified copies of the priority documents have been received in 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.
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`Attachment(s)
`1) q Notice of References Cited (PTO-892)
`2) q Notice of Draftsperson's Patent Drawing Review (PTO-948)
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`3) q Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date (cid:9)
`
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`4) q Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
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`5) q Notice of Informal Patent Application (PTO-152)
`6) q Other:
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 20050930
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`(cid:9)
`(cid:9)
`

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`Application/Control Number: 10/285,312 (cid:9)
`Art Unit: 2875
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`Page 2
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`DETAILED ACTION
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`Response to Arguments
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`Applicant's arguments filed on 7/18/05 have been fully considered but they are
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`not persuasive. Applicant argues that the cited references don't teach the limitation of
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`"the controller generates an output signal only when the sensor signal changes by more
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`that a predetermined amount" as recited in claims 1 and 7. Examiner respectfully
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`disagrees with this assertion. Toda et al '823 shows the limitation in figure 2 and (col. 2,
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`lines 8-27). Okuchi et al '398 shows the limitation in figure 4, the operating algorithm
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`107 and in column 1, lines 30-38. Gotoh '949 shows the limitation in figure 3. The cited
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`references teach every limitation of the invention as described as applied in the
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`following paragraphs. Therefore, the rejection of claims 1-5 and 7-13 stand.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351(a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
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`Claims 1-2, 4-5, 7-8, 10-13 are rejected under 35 U.S.C. 102(e) as being
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`anticipated by Toda et al (U.S. Pat. No 6,305,823).
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`

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`Application/Control Number: 10/285,312 (cid:9)
`Art Unit: 2875
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`Page 3
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`Toda et al discloses an automatic directional control system for a vehicle
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`headlight comprising: a sensor (12, 14) that is adapted to generate a signal that is
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`representative of a condition of the vehicle, said sensed condition includes one or more
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`of road speed (12), and suspension height (14) of the vehicle; a controller (16) that is
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`responsive to said sensor signal for generating an output signal; and an actuator (10)
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`that is adapted to be connected to the headlight to effect movement thereof in
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`accordance with said output signal, wherein said sensor generates a signal that is
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`representative of the road speed of the vehicle (see abstract), speed sensor (12),
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`Height sensor (14).
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`Claims 1-2, 4-5, 7-8, 10-13 are rejected under 35 U.S.C. 102(e) as being
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`anticipated by Okuchi et al (U.S. Pat. No 6,193,398).
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`Okuchi et al discloses an automatic directional control system for a vehicle
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`headlight comprising: a sensor (12) that is adapted to generate a signal that is
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`representative of a condition of the vehicle, said sensed condition includes one or more
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`of road speed (12) a controller (20) that is responsive to said sensor signal for
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`generating an output signal; and an actuator (35) that is adapted to be connected to the
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`headlight to effect movement thereof in accordance with said output signal, wherein
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`said sensor generates a signal that is representative of the road speed of the vehicle
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`(see abstract), speed sensor (12), pitch angle (2103, fig. 9), suspension height (2201,
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`2203, fig. 14).
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`

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`Application/Control Number: 10/285,312 (cid:9)
`Art Unit: 2875
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`Page 4
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
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`Claims 1-3 and 9 are rejected under 35 U.S.C. 102(b) as being anticipated by
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`Gotoh (US Pat. No 5,909,949).
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`Gotoh discloses an automatic directional control system for a vehicle headlight
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`comprising: a sensor (22) that is adapted to generate a signal that is representative of a
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`condition of the vehicle, said sensed condition includes one or more of road speed (22),
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`and steering angle (21) and a controller (10) that is responsive to said sensor signal for
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`generating an output signal; and an actuator (24) that is adapted to be connected to the
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`headlight to effect movement thereof in accordance with said output signal, wherein
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`said sensor generates a signal that is representative of the road speed of the vehicle.
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`Conclusion
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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).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`

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`Application/Control Number: 10/285,312 (cid:9)
`Art Unit: 2875
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`Page 5
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`shortened statutory 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. 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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`6. (cid:9)
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`Any inquiry concerning this communication or earlier communication from the
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`examiner should be directed to Ali Alavi whose telephone number is (571) 272-2365.
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`The examiner can normally be reached between 7:00 A.M. to 5:30 P.M. Tuesday to
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`Friday. If attempts to reach the examiner by phone are unsuccessful, the examiner's
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`supervisor, Sandy O'Shea can be reached at (571) 272-2378 or you may fax your
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`inquiry to the Central Fax at (703) 872-9306.
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`Any inquiry of a general nature or relating to the status of this application should
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`be directed to the receptionist whose telephone number is (703) 308-2956.
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`AA
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`AU ALAI
`PRIMARY EXAIAINER