CTNF 18/845,486 CTNF 89169 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 9/10/2024, 8/01/2025, 9/30/2025, 2/02/2026, 3/06/2026, and 4/27/2026 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 AIA Claim s 1-16 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 pre-AIA the applicant regards as the invention. Claims 1 and 11 recite “a first λ/4 member” and “a second λ/4 member”. However, this limitation is unclear as it recites functional language without providing a discernable boundary on what structure of the polarization member is required to perform the function. Specifically, it is unclear if a specific material or structure must be present in the polarizer to provide the required wavelength values. As such, the metes and bounds of the claim cannot be discerned and the claim is unclear. See Ariad Pharmaceuticals., Inc. v. Eli Lilly & Co. , 598 F.3d 1336, 1353, 94 USPQ2d 1161, 1173 (Fed. Cir. 2010) ( en banc ) (“Further, without reciting the particular structure, materials or steps that accomplish the function or achieve the result, all means or methods of resolving the problem may be encompassed by the claim”) (MPEP § 2173.05(g)). Moreover, it is unclear whether the claimed limitations are intended to require a specific production method of the polarizer, thus being product-by-process limitations, or if the limitations are merely reciting testing conditions. For the purposes of examination, any polarizer meeting the structural requirements of the claim will be interpreted as reading on the claimed limitation. Claims 2-10 and 12-16 are rejected as being dependent upon a rejected base claim and failing to cure the deficiencies of independent claim 1. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1-4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Li (20190033599) in view of Yasui (20130160938) . Regarding claim 1, Li discloses a lens unit (lens 4) to be used in a display system (Fig 4, [0082], short-distance optical amplification module) configured to display an image to a user (Fig 4, [0082], generating an optical image) , the lens unit ([0071], imaging lens) comprising: a reflecting portion including a reflection-type polarizing member (6) and an absorption-type polarizing member (7) arranged on a front side of the reflection-type polarizing member (Fig 4, [0087]) , the reflecting portion being configured to reflect light (Fig 4, [0090], the reflective type polarizing plate 6 is further configured for reflecting the optical image) , which has been emitted to the front side from a display surface of a display element (1) configured to display the image (Fig 4, [0082], optical display screen is adhered to the first phase delay plate 2) , and has passed through a polarizing member (Fig 4, [0045], 2 is configured to generate a light image having a first linear polarization direction, requires that circularly polarized light is incident on 2) and a first λ/4 member ([0074], first phase delay plate 2 is a ¼ wave plate) ; a first lens portion (Fig 4) arranged on an optical path between the display element and the reflecting portion; a half mirror ([0077], imaging lens 4 (transflective curved lens 4)) arranged between the display element and the first lens portion (Fig 4) , the half mirror (4) being configured to transmit the light emitted from the display element and to reflect the light reflected by the reflecting portion toward the reflecting portion ([0084], imaging lens 4 is a transflective optical surface, that is, a 50% transmissive and 50% reflective optical surface) ; and a second λ/4 member ([0072], second delay phase plate 5 is a ¼ wave plate) arranged on an optical path between the half mirror and the reflecting portion but does not teach wherein an absorption-type polarizer for forming the absorption-type polarizing member has a thickness of 8 µm or less. However, in a similar endeavor, Yasui teaches wherein an absorption-type polarizer for forming the absorption-type polarizing member has a thickness of 8 µm or less ([0014], a pressure-sensitive adhesive polarizing plate as the pressure-sensitive adhesive optical film, which includes a polarizing plate and a pressure-sensitive adhesive layer, [0045], polarizer preferably has a thickness of 10 µm or less and within the claimed range). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the optical system of Li with the polarizing elements of Yasui for the purpose of reducing visible unevenness within an optical display (Yasui, [0013]). Regarding claim 2, Li in view of Yasui discloses the invention as described within claim 1 and Li further teaches wherein a reflection axis of the reflection-type polarizing member and an absorption axis of the absorption-type polarizing member are arranged parallel to each other (Fig 4, [0069], the first optical surface is a transflective optical surface, by which a certain ratio of light may be reflected, and the remaining ratio of light may be transmitted) . Regarding claim 3, Li in view of Yasui discloses the invention as described within claim 1 and Li further teaches wherein the first lens portion and the half mirror are integrated (Fig 4, [0069], the first optical surface is a transflective optical surface, by which a certain ratio of light may be reflected, and the remaining ratio of light may be transmitted) . Regarding claim 4, Li in view of Yasui discloses the invention as described within claim 1 and Li further teaches further comprising a second lens portion arranged on the front side of the reflecting portion (Fig 4, [0065], second optical surface of the imaging lens 4 and is configured for converting the polarization direction of the optical image) . Regarding claim 6, Li in view of Yasui discloses the invention as described within claim 1 and Li further teaches wherein a ratio of the thickness of the absorption-type polarizer to a thickness of the reflection-type polarizing member is 15% or less ([0076], distance between the second phase delay plate and the reflective polarizing plate can be reduced without affecting the optical path, and hence the size and volume of the short-distance optical amplification module can be further reduced) . Furthermore , 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. Ex parte Masham, 2 USPQ2d - 164 7 (1987). When the structure of a claimed system is the same as that claimed, it must inherently perform the same function. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011) . Furthermore, a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim, for “apparatus claims cover what a device is, not what a device does .” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). See MPEP § 2114. Regarding claim 7, Li discloses the reflection-type polarizing member (6) ; and the absorption-type polarizing member (7) but does not teach a laminate to be used in the reflecting portion of the lens unit. However, Yasui teaches a laminate to be used in the reflecting portion of the lens unit ([0191], an optical film, or as one layer or two layers or more of optical layers laminated with polarizing plate) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the optical system of Li with the polarizing elements of Yasui for the purpose of reducing visible unevenness within an optical display (Yasui, [0013]). Regarding claim 8, Lin discloses wherein the reflection-type polarizing member (6) and the absorption-type polarizing member (7) but does not teach are laminated via an adhesion layer. However, Yasui teaches are laminated via an adhesion layer ([0193], adhesion means, such as a pressure-sensitive adhesive layer, may be used for laminating) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the optical system of Li with the polarizing elements of Yasui for the purpose of reducing visible unevenness within an optical display (Yasui, [0013]). Regarding claim 9, Lin in view of Yasui discloses the invention as described within claim 1 and Lin further teaches a display body ([0015], optical display screen) , comprising the lens unit (lens 4) . Regarding claim 10, Lin in view of Yasui discloses the invention as described within claim 1 and Lin further teaches a method of producing ([0078], production process) a display body ([0015], optical display screen) including the lens unit (lens 4). Regarding claim 11, Lin discloses a display method (Fig 4, [0082], short-distance optical amplification module) comprising: a step of passing light representing an image (Fig 4, [0082], generating an optical image) , which has been emitted through a polarizing member (Fig 4, 6) and a first λ/4 member ([0074], first phase delay plate 2 is a ¼ wave plate) , through a half mirror ([0077], imaging lens 4 (transflective curved lens 4)) and a first lens portion (Fig 4) ; a step of passing the light ([0018], optical image passing through the first optical surface) , which has passed ([0067], optical image successively passes through the first phase delay plate 2, the imaging lens 4) through the half mirror (4) and the first lens portion (Fig 4) , through a second λ/4 member ([0072], second delay phase plate 5 is a ¼ wave plate) ; a step of reflecting the light (Fig 4) , which has passed through the second λ/4 member ([0071], passing through the second phase delay plate 5) , toward the half mirror (4) with a reflecting portion ([0084], imaging lens 4 is a transflective optical surface, that is, a 50% transmissive and 50% reflective optical surface) including a reflection-type polarizing member (6) ; a step of enabling the light ([0072], reaching the reflective type polarizing plate 6, the optical image having a second linear polarization direction will be totally reflected) , which has been reflected by the reflecting portion and the half mirror (Fig 4) , to penetrate through the reflection-type polarizing member (6) of the reflecting portion with the second λ/4 member ([0084], imaging lens 4 is a transflective optical surface, that is, a 50% transmissive and 50% reflective optical surface) ; and a step of causing the light (Fig 4) , which has penetrated through the reflection-type polarizing member, to penetrate through an absorption-type polarizing member (Fig 4, [0087], reflective polarizing plate 6 and the absorptive type polarizing plate 7 are arranged coaxially) but does not teach wherein an absorption-type polarizer for forming the absorption-type polarizing member has a thickness of 8 µm or less. However, Yasui teaches wherein an absorption-type polarizer for forming the absorption-type polarizing member has a thickness of 8 µm or less ([0014], a pressure-sensitive adhesive polarizing plate as the pressure-sensitive adhesive optical film, which includes a polarizing plate and a pressure-sensitive adhesive layer, [0045], polarizer preferably has a thickness of 10 µm or less and within the claimed range). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the optical system of Li with the polarizing elements of Yasui for the purpose of reducing visible unevenness within an optical display (Yasui, [0013]) . 07-21-aia AIA Claim (s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li (20190033599) in view of Yasui (20130160938) and in further view of Takahashi (20190091974) . Regarding claim 5, Li in view of Yasui discloses the invention as described within claim 1 but does not teach wherein an angle formed by an absorption axis of the polarizing member in the display element and a slow axis of the first X/4 member is from 40° to 50°, and wherein an angle formed by the absorption axis of the polarizing member in the display element and a slow axis of the second X/4 member is from 40° to 50°. However, Takahashi teaches wherein an angle formed by an absorption axis of the polarizing member in the display element and a slow axis of the first X/4 member is from 40° to 50° ([0110], a quarter-wave plate are laminated such that the absorption axis or the transmission axis of the polarizing plate is at 45 degrees with respect to the slow axis or the fast axis of the quarter-wave plate and within the claimed range) , and wherein an angle formed by the absorption axis of the polarizing member in the display element and a slow axis of the second X/4 member is from 40° to 50° ([0110], a quarter-wave plate are laminated such that the absorption axis or the transmission axis of the polarizing plate is at 45 degrees with respect to the slow axis or the fast axis of the quarter-wave plate and within the claimed range) . It would have been obvious to one of ordinary skill in the art to modify the optical system of Li and Yasui with the polarizing elements of Takahashi for the purpose of optimizing high reflectance within an optical display device (Takahashi, [0111]) . 07-21-aia AIA Claim (s) 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li (20190033599) in view of Yasui (20130160938) and in further view of Goto (WO 2019235107 A1). An English machine translation has been provided for the foreign patent publication . Regarding claim 12, Li in view of Yasui disclose the invention as described within claim 1 but does not teach forming a polyvinyl alcohol-based resin layer containing a halide and a polyvinyl alcohol-based resin on one side of an elongate thermoplastic resin substrate to provide a laminate; and subjecting the laminate to in-air auxiliary stretching treatment, dyeing treatment, underwater stretching treatment, and drying shrinkage treatment, which includes heating the laminate, while conveying the laminate in a lengthwise direction thereof, to shrink the laminate by 2% or more in a widthwise direction thereof, in the stated order. However, Goto teaches forming a polyvinyl alcohol-based resin layer containing a halide and a polyvinyl alcohol-based resin on one side of an elongate thermoplastic resin substrate to provide a laminate ([0074], One side of the resin base material was corona-treated.100 weight of PVA-based resin in which polyvinyl alcohol (degree of polymerization 4200, saponification degree 99.2 mol%) and acetacetyl-modified PVA (manufactured by Nippon Synthetic Chemical Industry Co., Ltd., trade name "Gosefimer Z410") are mixed at a ratio of 9: 13 parts by weight of potassium iodide was added to the part to prepare a PVA aqueous solution (coating liquid)) ; and subjecting the laminate to in-air auxiliary stretching treatment ([0074], in-air auxiliary stretching treatment ("The obtained laminate was uniaxially stretched at the free end 2.4 times in the longitudinal direction (longitudinal direction) between rolls having different peripheral speeds in an oven at 130° C. (aerial auxiliary stretching treatment)") , dyeing treatment ([0074], dyeing treatment ("the finally obtained polarizing film was placed in a dyeing bath having a liquid temperature of 30° C")) , underwater stretching treatment ([0074], while immersing the laminate in a boric acid aqueous solution (boric acid concentration 4% by weight, potassium iodide concentration 5% by weight) at a liquid temperature of 70° C, the total in the longitudinal direction between rolls having different peripheral speeds. Uniaxial stretching was performed so that the stretching ratio was 5.5 times) , and drying shrinkage treatment ([0074], while drying in an oven kept at 90° C, it was brought into contact with a heating roll made of SUS whose surface temperature was kept at 75° C for about 2 seconds) , which includes heating the laminate, while conveying the laminate in a lengthwise direction thereof, to shrink the laminate by 2% or more ([0074], The shrinkage rate in the width direction of the laminated body by the drying shrinkage treatment was 5.2%) in a widthwise direction thereof, in the stated order. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical system of Li and Yasui with the polarizing film creation method of Goto for the purpose of provide a polarizing film and a polarizing plate with a phase difference layer that can reduce the reflectivity of a display panel while suppressing a decrease in brightness (Goto, [0004]). Regarding claim 13, Lin in view of Yasui and in further view of Goto discloses the invention as described within claim 12 and Goto further teaches wherein a content of the halide in the polyvinyl alcohol-based resin layer is from 5 parts by weight to 20 parts by weight with respect to 100 parts by weight of the polyvinyl alcohol-based resin ([0029], PVA resin layer is preferably 5 to 20 parts by weight per 100 parts by weight of the PVA resin) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical system of Li and Yasui with the polarizing film creation method of Goto for the purpose of provide a polarizing film and a polarizing plate with a phase difference layer that can reduce the reflectivity of a display panel while suppressing a decrease in brightness (Goto, [0004]). Regarding claim 14, Lin in view of Yasui and in further view of Goto discloses the invention as described within claim 12 and Goto further teaches wherein a stretching ratio in the in-air auxiliary stretching treatment is 2.0 times or more ([0074], uniaxially stretched in the longitudinal direction (longitudinal direction) between rolls with different peripheral speeds to achieve a total stretch ratio of 5.5 times and within the claimed range) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical system of Li and Yasui with the polarizing film creation method of Goto for the purpose of provide a polarizing film and a polarizing plate with a phase difference layer that can reduce the reflectivity of a display panel while suppressing a decrease in brightness (Goto, [0004]). Regarding claim 15, Lin in view of Yasui and in further view of Goto discloses the invention as described within claim 12 and Goto further teaches wherein the drying shrinkage treatment step is a step of heating the laminate with heated rolls ([0074], material was brought into contact with a stainless steel heating roll, whose surface temperature was maintained at 75°C) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical system of Li and Yasui with the polarizing film creation method of Goto for the purpose of provide a polarizing film and a polarizing plate with a phase difference layer that can reduce the reflectivity of a display panel while suppressing a decrease in brightness (Goto, [0004]). Regarding claim 16, Lin in view of Yasui and in further view of Goto discloses the invention as described within claim 15 and Goto further teaches wherein the heated rolls each have a temperature of from 60°C to 120°C ([0074], material was brought into contact with a stainless steel heating roll, whose surface temperature was maintained at 75°C and within the claimed range) , and a shrinkage ratio of the laminate in the widthwise direction by the drying shrinkage treatment is 2% or more ([0074], The shrinkage rate in the width direction of the laminated body by the drying shrinkage treatment was 5.2% and within the claimed range) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical system of Li and Yasui with the polarizing film creation method of Goto for the purpose of provide a polarizing film and a polarizing plate with a phase difference layer that can reduce the reflectivity of a display panel while suppressing a decrease in brightness (Goto, [0004]) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (20190033581), Carollo (20170227777), Chen (20150219893), and Ruhle (6853491) are examples of an optical apparatus that utilizes a short-distance optical amplification module . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Sharrief I. Broome Primary Examiner Art Unit 2872 /SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872 Application/Control Number: 18/845,486 Page 2 Art Unit: 2872 Application/Control Number: 18/845,486 Page 3 Art Unit: 2872 Application/Control Number: 18/845,486 Page 4 Art Unit: 2872 Application/Control Number: 18/845,486 Page 5 Art Unit: 2872 Application/Control Number: 18/845,486 Page 6 Art Unit: 2872 Application/Control Number: 18/845,486 Page 7 Art Unit: 2872 Application/Control Number: 18/845,486 Page 8 Art Unit: 2872 Application/Control Number: 18/845,486 Page 9 Art Unit: 2872 Application/Control Number: 18/845,486 Page 10 Art Unit: 2872 Application/Control Number: 18/845,486 Page 11 Art Unit: 2872 Application/Control Number: 18/845,486 Page 12 Art Unit: 2872 Application/Control Number: 18/845,486 Page 13 Art Unit: 2872 Application/Control Number: 18/845,486 Page 14 Art Unit: 2872 Application/Control Number: 18/845,486 Page 15 Art Unit: 2872 Application/Control Number: 18/845,486 Page 16 Art Unit: 2872
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