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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. A 50491/2021, filed on 6/17/2021.
The Information Disclosure Statements
The prior art cited in the information disclosure statements filed on 12/14/2023 has been considered.
Claim Rejections - 35 USC § 102
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 –
(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.
(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.
Claim(s) 1-4, 6-7, 9, is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Dong (US 2017/0299145 A1).
As to claim 1, Dong teaches a total reflection lens (80, Figs. 8A, 10A) comprising: a first end surface (84, Figs. 8A, 10A) having a first diameter; and a second end surface (86, 96, Figs. 8A, 10A) parallel to the first end surface and having a second diameter, wherein the second diameter is greater than the first diameter (paragraphs 0028, 0053, 0068), and the two end surfaces are connected via a convexly curved lateral surface (88, Figs. 8A, 10A), wherein a recess (102, Figs. 8A, 10A) adjoining the first end surface 84 and pointing in a direction of the second end surface 86,96 is arranged between the first end surface 84 and the second end surface 86,96, wherein the recess has at least two boundary surface portions pointing in the direction of the second end surface (side walls of 102) and separate from one another for refracting light in a direction of the lateral surface (paragraphs 0053-0056).
As to claim 2, Dong teaches all as applied to claim 1, and in addition teaches wherein the recess is arranged centrally on the first end surface 84 and/or ends between the two end surfaces. Note the limitation ‘wherein a longitudinal extent of the recess is less than one third of a longitudinal extent of the total reflection lens,’ is intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claim 3, Dong teaches all as applied to claim 1, and in addition teaches wherein, in a cross section of the total reflection lens (86, 96, Figs. 8A, 10A) substantially parallel to the first end surface (84, Figs. 8A, 10A), the at least two boundary surface portions comprise a straight line (dotted lines in the 102, Fig. 10A) and/or the recess comprises a traverse.
As to claim 4, Dong teaches all as applied to claim 1, and in addition teaches wherein the total reflection lens consists of transparent material, and the total reflection lens is formed as an injection-molded part (paragraph 0053).
As to claim 6, Dong teaches all as applied to claim 1, and in addition teaches, wherein the total reflection lens has a refractive index (paragraph 0012) in the range of from 1.4 and 1.8. Note the refractive index in the range of from 1.4 and 1.8 is intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claim 7, Dong teaches all as applied to claim 1, and in addition teaches wherein the recess tapers, starting from the first end surface, in the direction of the second end surface, and the recess is formed as a truncated pyramid with convexly curved and/or flat boundary surface portions (102, 104, Fig.10A).
As to claim 9, Dong teaches all as applied to claim 1, and in addition teaches wherein the first end surface is formed flat 84 and/or the second end surface comprises a Fresnel lens and/or is formed aspherical or spherical 86,96 for collimating light from the lateral surface substantially orthogonally to the first end surface (paragraph 0055).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5, is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong.
As to claim 5, Dong teaches all as applied to claim 1 except wherein the lateral surface comprises a coating for the substantially complete reflection of light into an area within the lateral surface, substantially in the direction of the second end surface and/or substantially orthogonally to the second end surface. However, examiner takes Official Notice that coating optical surface for complete reflection of light into area of interest is known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to coat optical surface for reflecting light in order to maximize efficiency, reduce unwanted stray light, and provide environmental protection.
Allowable Subject Matter
Claims 8, 10-20 are 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.
As to claim 8, the prior art of record, taken alone or in combination, fails to disclose or render obvious the total reflection lens, wherein the recess comprises at least five boundary surface portions, and the at least five boundary surface portions are arranged equidistant and/or along an imaginary circle on the recess, in combination with the rest of the limitations of the claim.
As to claim 10, the prior art of record, taken alone or in combination, fails to disclose or render obvious an illumination optical system comprising at least two light sources, and the total reflection lens for focusing light from the at least two light sources onto an imaging area common to the two light sources, in combination with the rest of the limitations of the claim. Claims 11-20 depend on claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Wang et al. (US 2017/0138546 A1) teaches a lens (100) is disclosed for a solid state lighting element (24). The lens comprises at least one light entry surface (110, 112) and a light exit surface (120) opposite the at least one light entry surface, the light exit surface comprising a regular pattern of microstructures (122) and a plurality of regular patterns of further microstructures (124), wherein each regular pattern of further microstructures is on a respective one of said microstructures. Such a lens (100) may achieve excellent color mixing. A lighting device (10) including such a lens and a luminaire including such a lighting device (10) are also disclosed (abstract).
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/ABDULLAHI NUR/Primary Examiner, Art Unit 2886