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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4-10 and 14-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to claims 4, 8 and 14, the limitation “a micro concave-convex structure is formed in a surface of the resin layer, wherein the micro concave-convex structure is formed in a manner such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material”, contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Firstly, the written description does not explicitly disclose the micro concave-convex structure is formed in a manner such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material. The micro concave-convex structure is disclosed as a diffusion structure formed in the surface of a resin layer ([0014] of Tazawa (United States Patent Application Publication 2021/0197504 A1 ): Herein, the micro concave-convex structure may include at least one of a moth-eye structure, a light diffusing structure, a microlens array structure, and a diffraction grating structure.) but the written description does not disclose wherein the micro concave-convex structure is formed in a manner such that a single concavity or convexity is present above each of the plurality of light sources.
Moreover, there can be no single concavity or convexity above each of the light sources in fig.9 (the figure cited by applicant in remarks of 09/22/2025), since the micro concave-convex structure (50) is on a convex resin (40) and the micro concave-convex structure (50; [0086]: Herein, the resin layer 40 is provided with an arbitrary optical property. That is, the micro concave-convex structure 50 may be a moth-eye structure, light diffusing structure, microlens array structure, or diffraction grating structure, for example.) in the surface of the resin has at least one convexity (as a concave-convex structure), thereby disclosing more than one convexity or concavity above each of the plurality of light sources in the thickness direction of the optical base material.
Furthermore, the methods disclosed in the product by process claims of 4 and 8 and the manufacturing method of claim 14, do not disclose a method for producing a single concavity or convexity in the surface of resin which is where the micro concave-convex structure is formed (see explicitly recitation of “the microstructure is formed in a surface of the resin layer ” of claims 1, 4 and 8). Additionally, the written description (see discussion of figs. 11 and 19; [0091]: In a third step, a flexible master 400 illustrated in FIG. 11 is prepared. Herein, the flexible master 400 is a film having flexibility, and an inverted structure (hereinafter, also referred to as an “inverted concave-convex structure 430”) of the micro concave-convex structure 50 is formed in the surface thereof.) does not disclose wherein the process that produces a single concavity or convexity in the surface of resin which is where the micro concave-convex structure is formed or a process that forms the convex-concave structure in a manner such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material.
Claims 5-7, 9,10 and 15-23 inherit the deficiencies of claims 4, 8 or 14.
Therefore, the claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 4-10 and 14-23 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.
With respect to claims 4, 8 and 14, the limitation “a micro concave-convex structure is formed in a surface of the resin layer, wherein the micro concave-convex structure is formed in a manner such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material” fails 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, since there can be no single concavity or convexity above each the light source in fig.9, as the micro concave-convex structure (50) is on a convex resin (40) and the micro concave-convex structure (50; [0086]: Herein, the resin layer 40 is provided with an arbitrary optical property. That is, the micro concave-convex structure 50 may be a moth-eye structure, light diffusing structure, microlens array structure, or diffraction grating structure, for example.) in the surface of the resin has at least one convexity, thereby disclosing more than one convexity or concavity above each of the plurality of light sources in the thickness direction of the optical base material (i.e. examiner asks: “where is the single convexity above each light source in the thickness direction of fig.9?”. There are at least two convexities in fig.9 (one comprised by the resin and the other comprised by the concave-convex structure in the surface of the resin by the definition of a concave-convex structure) and at most as many convexities/concavities as are in the surface of the resin 40 (i.e. in the surface of concave-convex structure above the light source), the convexity of the resin itself, the convexity of the curvature of the optical material; however the claim requires both a single convexity above the light source in the thickness direction and a plurality of convexities above the light source in the thickness direction by implementing the concave-convex structure in a surface of a resin layer laminated along a curved surface).
Claims 5-7, 9, 10, and 15-23 inherit the deficiencies of claims 4, 8 or 14.
Claims 4-10 and 14-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to claims 4, 8 and 14, the limitation “a micro concave-convex structure is formed in a surface of the resin layer, wherein the micro concave-convex structure is formed in a manner such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material” fails to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Undue experimentation would be required to arrive at the claimed invention as discloses when considered in light of the Wands factors: (F) The amount of direction provided by the inventor ; (G) The existence of a working example; (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
There can be no single concavity or convexity above each the light source in fig.9 (the figure cited by applicant in remarks of 09/22/2025), since the micro concave-convex structure (50) is on a convex resin (40) on a convex surface of the optical base (fig.9, 33) and the micro concave-convex structure (50; [0086]: Herein, the resin layer 40 is provided with an arbitrary optical property. That is, the micro concave-convex structure 50 may be a moth-eye structure, light diffusing structure, microlens array structure, or diffraction grating structure, for example.) in the surface of the resin has at least one convexity (as a concave-convex structure), thereby disclosing more than one convexity or concavity above each of the plurality of light sources in the thickness direction of the optical base material. Therefore no guidance has been given or direction by the inventor been provided for how to manufacture a micro concave-convex structure such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material.
Furthermore, the written description and figures do not provide a working example wherein a micro concave-convex structure is formed on a convex resin (40) on a convex surface of the optical base such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material.
Lastly, the quantity of experimentation needed to make or use the invention based on the content of the disclosure is undue, given that a micro concave-convex structure being formed on a convex resin (40) on a convex surface of the optical base such that a single concavity or convexity is present above each of the plurality of light sources in a thickness direction of the optical base material is not a clearly defined structure and experimentation in the art of lens fabrication requires a clearly defined structure.
Claims 5-7, 9, 10, and 15-23 inherit the deficiencies of claims 4, 8 or 14.
Therefore, claims 4-10 and 14-23 contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 4-10 and 14-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JERRY L. BROOKS whose telephone number is (571)270-5711. The examiner can normally be reached M-F 9:00-4:00 PM.
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/JERRY L BROOKS/Primary Examiner, Art Unit 2882