CTNF 18/845,581 CTNF 90083 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. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180039052 A1 to Khan et al . Regarding Claim 1. Khan discloses a display method, comprising: a step of passing light representing an image, which has been emitted through a polarizing member (Fig. 6 polarizer 16) and a first λ/4 member (Fig. 6 quarter wave plate 18), through a half mirror (Fig. 6 partially reflective mirror 22) and a first lens portion (Fig. 6 lens 26); a step of passing the light, which has passed through the half mirror and the first lens portion, through a second λ/4 member (Fig. 1 quarter wave plate 28); a step of reflecting the light, which has passed through the second λ/4 member, toward the half mirror (See at least Fig. 2) with a reflecting portion (Fig. 1 polarizer 34 and reflective polarizer 30) including a reflection-type polarizing member (Fig. 1 reflective polarizer 30); a step of enabling the light, which has been reflected by the reflecting portion and the half mirror, to penetrate through the reflection-type polarizing member of the reflecting portion with the second λ/4 member (See Fig. 2); and a step of causing the light, which has penetrated through the reflection-type polarizing member, to penetrate through an absorption-type polarizing member (Fig. polarizer 36). Khan does not specifically disclose that a transmission axis reflectance when polarized light in a transmission axis direction of the reflection-type polarizing member is caused to enter from a reflection-type polarizing member side is reduced by 0.5% or more with the absorption-type polarizing member. However, Khan discloses a transmission axis reflectance when polarized light in a transmission axis direction of the reflection-type polarizing member is caused to enter from a reflection-type polarizing member side is reduced by <20% with the absorption-type polarizing member (See para 53). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) (Claim reciting thickness of a protective layer as falling within a range of "50 to 100 Angstroms" considered prima facie obvious in view of prior art reference teaching that "for suitable protection, the thickness of the protective layer should be not less than about 10 nm [i.e., 100 Angstroms]." The court stated that "by stating that ‘suitable protection’ is provided if the protective layer is ‘about’ 100 Angstroms thick, [the prior art reference] directly teaches the use of a thickness within [applicant’s] claimed range."). (See MPEP 2144.05). Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that a transmission axis reflectance when polarized light in a transmission axis direction of the reflection-type polarizing member is caused to enter from a reflection-type polarizing member side is reduced by 0.5% or more with the absorption-type polarizing member. Regarding Claim 2. Khan further discloses 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 (See para 36). Regarding Claim 3. Khan further discloses the first lens portion and the half mirror are integrally arranged (See Fig. 6). Regarding Claim 4. Khan further discloses a step of causing the light, which has penetrated through the reflection-type polarizing member, to penetrate through a second lens portion (See Fig. 6 lens element 54). Regarding Claim 5. Khan further discloses an angle formed by an absorption axis of the polarizing member and a slow axis of the first λ/4 member is from 40° to 50°, and wherein an angle formed by the absorption axis of the polarizing member and a slow axis of the second λ/4 member is from 40° to 50° (para 26). Regarding Claim 6. Khan further discloses the reflecting portion includes a laminate of the reflection-type polarizing member and the absorption-type polarizing member (See Fig. 6). Regarding Claim 7. Khan further discloses the reflection-type polarizing member and the absorption-type polarizing member are laminated via an adhesion layer (See at least para 42). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMOND C LAU whose telephone number is (571)272-5859. The examiner can normally be reached M-Th 8am-6pm 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, Jennifer Carruth can be reached at (571) 272-9791. 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. /EDMOND C LAU/Primary Examiner, Art Unit 2871 Application/Control Number: 18/845,581 Page 2 Art Unit: 2871 Application/Control Number: 18/845,581 Page 3 Art Unit: 2871 Application/Control Number: 18/845,581 Page 4 Art Unit: 2871 Application/Control Number: 18/845,581 Page 5 Art Unit: 2871 Application/Control Number: 18/845,581 Page 6 Art Unit: 2871
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