DETAILED ACTION
Response to Amendment
The amendment filed on 2/20/2026 is acknowledged. Accordingly, claims 10 and 20-22 have been cancelled, claim 1 has been amended. Currently claims 1-9 and 11-19 are pending.
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.
Claim 11 is 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.
In claim 11 the phrase “wherein the scattering layer is integrated with the first light guide unit and/or the second light guide unit” is unclear because:
Claim 11 depends from claim 1, where it is recited the scattering layer is a segregated element positioned between the first and second layer.
However, claim 11 implies the scattering layer could be integral with both layers contradicting the requirements of claim 1 where the scattering layer must be segregated from at least one of the layers.
For purpose of examination, the phrase above has been interpreted to mean -- wherein the scattering layer is integrated with the first light guide unit or the second light guide unit --
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.
Claims 1-3, 6, 11-12 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese publication (JP S62167304 U, hereinafter “JP”, newly cited by the Examiner).
Regarding claim 1, JP teaches an optical element (high mounted stop lamp, see figure 3, and figures 1-2 and 4-6 to show common elements and feature to all embodiments) comprising:
a first light function (Brake light, see [The problem which a device tends to solve]) and a second light function (sign indicator see [Function]), wherein the second light function (sign indicator) is different from the first light function (brake light);
a light source (first light source 3 and 2nd light sources 12a and 12b, see fig 3), a first light guide unit (lens 2, see fig 3) and a second light guide unit (light guide plate 10, see fig 3);
wherein the light source (3, 12a-12b) is configured to emit light rays for the first light function (brake light) and the second light function (sign indicator), and the light source (3) is configured to emit light rays at least towards the first light guide unit (2);
a scattering layer (formed by marks of indicator 13 on the rear of 10, better seen in fig 2), being segregate and apart from either the first light guide unit (2) or the second light guide unit, and arranged between the first light guide unit (2) and the second light guide unit (10), the scattering layer (13) adapted to scatter light from the first light guide unit (2);
wherein the first light guide unit (2) is arranged upstream of the second light guide unit (10) in a main emergence direction (from left to right, as seen in fig 3) of the optical element (high mounted stop lamp), and at least a portion of light from the first light guide unit (2) emerges through the second light guide unit (10);
a holder assembly (formed by first holder FH and second holder SH, as annotated in fig 3 below) having the light source (3) and portions of a first holder (portions of FH) and a second holder (portions of SH), wherein the second holder (SH) does not extend beyond the second light guide unit (10) in the main emergence direction (from left to right of fig 3).
Figure 3 of JP with Examiner’s annotation has been reproduced below:
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Regarding claim 2, JP teaches wherein the first light guide unit (2) and the second light guide unit (10) are plate-like light guides (as seen in fig 3 and 5), and arranged in such a way as to be stacked one in front of the other in the main emergence direction (from left to right, as seen in fig 3).
Regarding claim 3, JP teaches wherein the first light guide unit (2) and the second light guide unit (10) extend substantially perpendicular to the main emergence direction (as clearly seen in fig 3).
Regarding claim 4, JP teaches wherein the first light guide unit (2) is configured such that light rays from the light source (3) are incident on an end face of the first light guide unit (2);
light rays from the light source (3) propagate between a front-side surface (front side of 2) and a rear-side surface (rear side of 2) of the first light guide unit (2); and
light rays from the light source (3) emerge from the front-side surface (front surface of 2) of the first light guide unit (2).
Regarding claim 6, JP teaches wherein the rear-side surface of the first light guide unit (2) includes optical decoupling elements (Diffusing lens 8), the optical decoupling elements (8) being configured to cause light rays from the light source (3) to emerge from a front-side surface (front side of 2) of the first light guide unit (2).
Regarding claim 11, JP teaches wherein the scattering layer (diffusing lens 8) is integrated with the first light guide unit (2) and/or the second light guide unit.
Regarding claim 12, JP teaches wherein the light source (3 ad 12a-12b) includes:
a first light source (3), wherein light of the first light source (3) enters through the end face (rear face of 2) of the first light guide unit (2); and
a second light source (12a-12b), wherein light of the second light source (12a-12b) enters through an end face (lower face of 10) of the second light guide unit (10), propagates between a front-side surface (front side of 10) and a rear-side surface (rear side of 10) of the second light guide unit (10), and emerges from the front-side surface (front side of 10) of the second light guide unit (10).
Regarding claim 16, JP teaches wherein the first light guide unit (2) and the second light guide unit (10) being held by the holder (FH and SH).
Regarding claim 17, JP teaches wherein the holder (FH and SH) at least partially surrounds peripheral outer edges (edges of 2 and 10) of the first light guide unit (2) and the second light guide unit (10).
Regarding claim 18, JP teaches wherein the holder (FH and SH) includes a first holder (FH) and a second holder (SH), the first light guide unit (2) and the second light guide unit (10) being are clamped between the first holder (FH) and the second holder (SH).
Claims 1-4, 6-8, 11-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hohmann et al. (DE 102010006348 A1, hereinafter “Hohmann”, previously cited by the Examiner).
Regarding claim 1, Hohmann teaches an optical element (lighting device, see figure 1, and figures 1-7 to show common elements and features to all embodiments) comprising:
a first light function (taillight function, provided by lighting elements 16, see page 3, ¶ 4) and a second light function (flashing light function, provided by lighting elements 8, see page 3 ¶ 4), wherein the second light function (tail light function) is different from the first light function (flashing light function);
a light source (8, 16), a first light guide unit (planar light guide element 12) and a second light guide unit (planar light guide element 5);
wherein: the light source (8, 16) is configured to emit light rays (as seen in fig 1) for the first light function (taillight function provided by 16) and the second light function (flashing function provided by 8), and
the light source (8, 16) is configured to emit light rays (see fig 1) at least towards the first light guide unit (12);
a scattering layer (formed by outcoupling element meets on back 10 of 12, see fig 1 and ¶ 11-14 of Show it section), being segregate and apart from either the first light guide unit (12) or the second light guide unit and arranged between the first light guide unit (12) and the second light guide unit (5), the scattering layer (outcoupling element) adapter to scatter light from the first light guide unit (12, necessarily occurring, since an erosion or etching structure in between light guide units diffuses light originating from 12 into 5 and forward);
wherein the first light guide unit (12) is arranged upstream of the second light guide unit (5) in a main emergence direction (from left to right of figure 1) of the optical element (1), and at least a portion (see light emitted by 12) of light from the first light guide unit (12) emerges through the second light guide unit (5);
a holder assembly (formed by first holder FH, Second Holder SH and third holder TH, as seen in annotated figure below) having the light source (8, 16) and portions of a first holder (portion of FH) and a second holder (portion of SH), wherein the second holder (SH) does not extend beyond the second light guide unit (5) in the main emergence direction (from left to right).
Figure 1 of Hohman with Examiner’s annotation has been reproduced below:
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Regarding claim 2, Hohmann teaches wherein the first light guide unit (12) and the second light guide unit (5) are plate-like light guides (as seen in fig 1 and 2), and arranged in such a way as to be stacked one in front (as seen in fig 1) of the other in the main emergence direction (3).
Regarding claim 3, Hohmann teaches wherein the first light guide unit (12) and the second light guide unit (5) extend substantially perpendicular (as seen in fig 1) to the main emergence direction (3).
Regarding claim 4, Hohmann teaches wherein the first light guide unit (12) is configured such that light rays from the light source (16) are incident on an end face (upper narrow side 15) of the first light guide unit (12),
light rays from the light source (16) propagate between a front-side surface (front side 13) and a rear-side surface (back side 14) of the first light guide unit (12), and
light rays from the light source (16) emerge from the front-side surface (13) of the first light guide unit (12).
Regarding claim 6, Hohmann teaches wherein rear-side surface (14) of the first light guide unit (12) comprises includes optical decoupling elements (decoupling element disclosed as conical surfaces, see page 3 ¶ 9-10), the optical decoupling elements (conical surfaces) being configured to cause light rays from the light source (16) to emerge from a front-side surface (13) of the first light guide unit (12).
Regarding claim 7, Hohmann teaches wherein at least a portion of the rear-side surface (at least a portion of each conical surface on 12, see ¶ 9-10) of the first light guide unit (12) is inclined towards (as expected from a conical surface) the front-side surface (13) of the first light guide unit (12), to reflect light rays (as seen in fig 1) from the light source (16) towards the front-side surface (13) of the first light guide unit (12).
Regarding claim 8, Hohmann teaches wherein the rear-side surface (14) of the first light guide unit (12) comprises includes multiple totally reflecting small faces (multiple parts of conical surfaces) configured to totally reflect light rays (as seen in fig 1) from the at least one light source (16) towards the front-side surface (13) of the first light guide unit (5).
Regarding claim 11, Hohmann teaches wherein the scattering layer (outcoupling element meets) is integrated with the first light guide unit or the second light guide unit (5).
Regarding claim 12, Hohmann teaches wherein the light source (8, 16) includes a first light source (16), wherein light of the first light source (16) enters through the end face (upper narrow side 15) of the first light guide unit (12); and
a second light source (8), wherein light of the second light source (8) enters through an end face (upper narrow side 7) of the second light guide unit (5), propagates between a front-side surface (front side 11) and a rear-side surface (back side 10) of the second light guide unit (5), and emerges from the front-side surface (11) of the second light guide unit (5).
Regarding claim 14, Hohmann teaches wherein the rear-side surface (10) of the second light guide unit (5) comprises includes optical decoupling elements (decoupling element disclosed as conical surfaces, see page 3 ¶ 9-10), which are configured to cause light rays (L1) from the second light source (8) to emerge from the front-side surface (front side 11) of the second light guide unit (5).
Regarding claim 16, Hohmann teaches wherein the first light guide unit (12) and the second light guide unit (5) are being held by the holder (1, SH).
Regarding claim 17, Hohmann teaches wherein the holder (1, 17) at least partially surrounds peripheral outer edges (see outer edges of 12 and 5) of the first light guide unit (12) and the second light guide unit (5).
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over JP in view of Koizumi et al. (JP 2014082041 A, hereinafter, “Koizumi”, previously cited by the Examiner).
Regarding claim 19, JP does not teach wherein a reflective layer is provided on a side of the first holder facing the first light guide unit, to reflect light from the first light guide unit towards the second light guide unit.
Koizumi teaches an optical element (vehicular lamp, see figure 4) having a first light guide unit (light guide plate 20a) and a second light guide unit (light guide plate 20b);
wherein a reflective layer (reflector portion 22a) is provided on a side of the first holder (inner side of light guide plate support member 22) facing the first light guide unit (20a), to reflect light (stray light) from the first light guide unit (20a) towards the second light guide unit (20b).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the reflective layer as taught by Koizumi into the teachings of JP in order to reflect stray light forward. One of ordinary skill would have been motivated to make this modification to maximize light output.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hohmann in view of Hikmet et al. (WO 2014202726 A1, hereinafter, “Hikmet”, previously cited by the Examiner).
Regarding claim 5, Hohmann does not teach wherein scattering particles are included inside the first light guide unit, the scattering particles being configured to scatter light rays from the one light source.
Hikmet teaches an optical element (light emitting device 103, see figure 14) having a light source illuminating a first light guide unit (transparent heat sink element 302) and a second light guide unit (first light guide 4);
wherein scattering particles (scattering material 10) are included inside the first light guide unit (302), the scattering particles (10) being configured to scatter light rays (as seen in fig 14) from the light source (2).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the scattering particles as taught by Hikmet into the teachings of Hohmann in order to provide a diffused light to the first light guide unit. One of ordinary skill would have been motivated to make this modification to emit a more even light output.
Regarding claim 13, Hohmann teaches wherein decoupling particles (decoupling elements see page 2, ¶ 1) are included on the second light guide unit (5), the decoupling particles (decoupling elements) being configured to decouple light rays from the second light source (8); but
Hohmann does not teach wherein the decoupling particles are scattering particles are included inside the second light guide unit.
Hikmet teaches an optical element (light emitting device 106, see figure 17, and figure 14 to show common elements and features to all embodiments) having a first light guide unit (light guide 3) and a second light guide unit (light guide 4);
wherein the decoupling particles are scattering particles (scattering particles 10, better seen in fig 14) are included inside the second light guide unit (4).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the scattering particles as taught by Hikmet into the teachings of Hohmann in order to provide a diffused light to the first light guide unit. One of ordinary skill would have been motivated to make this modification to emit a more even light output.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hohmann in view of Koizumi.
Regarding claim 9, Hohmann does not teach further including a reflective layer, the reflective layer being arranged upstream of the first light guide unit in the main emergence direction, to reflect light from the first light guide unit towards the second light guide unit.
Koizumi teaches an optical element (vehicular lamp, see figure 4) having a first light guide unit (light guide plate 20a) and a second light guide unit (light guide plate 20b);
further comprising a reflective layer (reflector portion 22a), the reflective layer (22a) being arranged upstream of the first light guide unit (20a) in the main emergence direction (from left to right of fig 4), to reflect light from the first light guide unit (20a) towards the second light guide unit (20b).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the reflective layer as taught by Koizumi into the teachings of Hohmann in order to reflect stray light forward. One of ordinary skill would have been motivated to make this modification to maximize light output.
Response to Arguments
Applicant's arguments filed 2/20/2026 have been fully considered but they are not persuasive.
Preliminary remarks:
In the interview held on 2/23/2026, the applicant’s representative and the examiners looked at figure 6 of the specification and discussed the scattering layer being segregate element from both light guides would overcome the prior art. It is also noted the remarks filed on 2/20/2026 agrees with the interview specifics (see ¶ 1 of page 6). However, claim 1 was not finally amended to recite the scattering layer is separate from both of the light guides. As currently amended, the scattering layer only needs to be segregated or separated from one of the light guides. In that context, JP and Hohmann continues to teach the claimed invention.
Applicant argues JP does not teach a separate "scattering layer" element is required that is not a part of either of the described light guide elements but that also resides between them.
The Examiner respectfully disagrees.
The claim requires the scattering layer should be segregated from only one of the light guide layer units, not necessarily from both.
The applicant’s arguments in this regard are not persuasive.
Applicant argues Hohmann does not teach Hohmann does not explicitly describe "a scattering layer, being segregate and apart from either the first light guide unit or the second light guide unit, and arranged between the first light guide unit and the second light guide unit" same as the JP.
The Examiner respectfully disagrees.
Similarly to JP, the claim requires the scattering layer should be segregated from only one of the light guide layer units, not necessarily from both. Hohmann has the scattering layer at a rear surface of the second light guide layer, and therefore, the scattering layer is segregated from at least the first light guide layer, and in between the first and second light guide layer.
The applicant’s arguments in this regard are not persuasive.
Applicant argues in pages 6-7 the dependent claims should be allowed as they depend from claim 1.
The Examiner respectfully disagrees, for the reasons stated above.
Conclusion
THIS ACTION IS MADE FINAL. 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 OMAR ROJAS CADIMA whose telephone number is (571)272-8007. The examiner can normally be reached Monday-Thursday 9am-6pm.
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/OMAR ROJAS CADIMA/ Primary Examiner, Art Unit 2875