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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 11-12 and 14 of U.S. Patent No. 12,130,455.
As to claim 1 of the current application, claim 1 of U.S. Patent No. 12,130,455 recites a multilayer partial mirror comprising a plurality of alternating first and second polymeric layers numbering at least 50 in total and disposed between, and integrally formed with, opposing first and second polymeric skin layers, each of the first and second polymeric layers having an average thickness of less than about 500 nm, each of the polymeric skin layers having an average thickness of greater than about 0.5 microns, the first and second polymeric layers comprising respective indices nx1 and nx2 along a same in-plane x-direction, respective indices ny1 and ny2 along an in-plane y-direction orthogonal to the x-direction, and respective indices nz1 and nz2 along a z-direction of the polymeric layers orthogonal to the x- and y-directions, such that for at least one wavelength in a visible wavelength range extending from about 420 nm to about 680 nm: nx1 and ny1 are within about 0.05 of each other; nz1 is less than each of nx1 and nx2 by at least 0.06; nx2, ny2 and nz2 are within about 0.05 of each other; and for each of the first and second polymeric skin layers, corresponding indices of the polymeric skin layer and one of the first polymeric layers and the second polymeric layers along each of the x-, y- and z-directions are within about 0.05 of each other.
As to claim 2 of the current application, claim 1 of U.S. Patent No. 12,130,455 recites wherein, for the visible wavelength range and an incident light propagating in an incident plane that comprises the x-direction: for an s-polarized incident light, the plurality of alternating first and second polymeric layers has an average reflectance Rs1 for a first incident angle of less than about 10 degrees, and an average reflectance Rs2 for a second incident angle of greater than about 45 degrees, Rs2/Rs1 is greater than 1.15.
As to claim 3 of the current application, claim 1 of U.S. Patent No. 12,130,455 recites wherein, for the visible wavelength range and an incident light propagating in an incident plane that comprises the x-direction: for a p-polarized incident light, the plurality of alternating first and second polymeric layers has an average reflectance Rp1 for a first incident angle of less than about 10 degrees, and an average reflectance Rp2 for a second incident angle of greater than about 45 degrees, Rp2/Rp1 greater than about 1.15.
As to claim 4 of the current application, claim 2 of U.S. Patent No. 12,130,455 recites wherein for each of the first and second polymeric skin layers, corresponding indices of the polymeric skin layer and the first polymeric layers along each of the x-, y- and z-directions are within about 0.05 of each other.
As to claim 5 of the current application, claim 3 of U.S. Patent No. 12,130,455 recites wherein the second polymeric layers and at least one of the first and second polymeric skin layers comprise substantially a same material composition.
As to claim 6 of the current application, claim 4 of U.S. Patent No. 12,130,455 recites wherein: a difference between a maximum thickness and a minimum thickness of the alternating first and second polymeric layers is between about 45% and about 65%; and a maximum difference between thicknesses of adjacent polymeric layers in the alternating first and second polymeric layers is less than about 25%.
As to claim 7 of the current application, claim 11 of U.S. Patent No. 12,130,455 recites a backlight for providing illumination to a display panel configured to form an image, the backlight comprising: an extended light source configured to emit a light through an emission surface thereof and comprising a back reflector; and the multilayer partial mirror disposed on the emission surface and configured to receive the emitted light and transmit a portion of the received light therethrough, the multilayer partial mirror and the back reflector forming a recycling optical cavity therebetween.
As to claim 8 of the current application, claim 12 of U.S. Patent No. 12,130,455 recites wherein when an optical system is formed by: providing a substantially Lambertian light source that comprises a back reflector and emits substantially unpolarized light through an extended emission surface thereof, the back reflector having a total reflectance of greater than about 90% at least one wavelength in the visible wavelength range; and disposing the multilayer partial mirror of claim 1 between a reflective polarizer and the emission surface, such that for the visible wavelength range and a substantially normally incident light, the reflective polarizer has an average optical reflectance of greater than about 60% when the incident light is polarized along the x-direction and an average optical transmittance of greater than about 60% when the incident light is polarized along the y-direction; then, a luminous distribution of light exiting the optical system through the reflective polarizer comprises at least one global peak at an angle of greater than about 5 degrees with a line normal to the reflective polarizer.
As to claim 9 of the current application, claim 14 of U.S. Patent No. 12,130,455 recites a multilayer partial mirror comprising a plurality of alternating first and second polymeric layers numbering at least 50 in total, each of the first and second polymeric layers having an average thickness of less than about 500 nm, the first and second polymeric layers comprising respective indices nx1 and nx2 along a same in-plane x-direction, respective indices ny1 and ny2 along an in-plane y-direction orthogonal to the x-direction, and respective indices nz1 and nz2 along a z-direction of the polymeric layers orthogonal to the x- and y-directions, such that for at least one wavelength in a visible wavelength range extending from about 420 nm to about 680 nm: nz1 is less than each of nx1 and nx2 by at least 0.06; a magnitude of a difference between nx2 and ((nx1+nz1)/2) is less than about 0.05; and nx2, ny2 and nz2 are within about 0.05 of each other.
As to claim 10 of the current application, claim 14 of U.S. Patent No. 12,130,455 recites wherein, for the visible wavelength range, an infrared wavelength range from about 800 nm to about 1300, and an incident light propagating in an incident plane that comprises the x-direction: for a first incident angle of less than about 10 degrees, the plurality of alternating first and second polymeric layers has an average reflectance Rp1 for the incident light polarized along the x-direction and an average reflectance Rs1 for the incident light polarized along the y-direction, each of Rp1 and Rs1 less than about 85% for the visible wavelength range and less than about 50% for the infrared wavelength range.
As to claim 11 of the current application, claim 14 of U.S. Patent No. 12,130,455 recites wherein, for the visible wavelength range, an infrared wavelength range from about 800 nm to about 1300, and an incident light propagating in an incident plane that comprises the x-direction: for a second incident angle of greater than about 45 degrees, the plurality of alternating first and second polymeric layers has average reflectances Rp2 and Rs2 for respective p- and s-polarized incident lights, each of Rp2 and Rs2 greater than about 70% for the visible wavelength range.
As to claim 12 of the current application, claim 14 of U.S. Patent No. 12,130,455 does not recite a backlight for providing illumination to a display panel configured to form an image, the backlight comprising: an extended light source configured to emit a light through an emission surface thereof and comprising a back reflector; and the multilayer partial mirror disposed on the emission surface and configured to receive the emitted light and transmit a portion of the received light therethrough, the multilayer partial mirror and the back reflector forming a recycling optical cavity therebetween. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the patented claim by incorporating the multilayer partial mirror of the patented claim into a backlight as recited in the application claim in order to improve the brightness of the backlight.
Allowable Subject Matter
Claims 13-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested a multilayer partial mirror comprising the combination required by claim 13, wherein when an optical system is formed by: providing a substantially Lambertian light source that comprises a back reflector and emits substantially unpolarized light through an extended emission surface thereof, the back reflector having a total reflectance of greater than about 90% at at least one wavelength in the visible wavelength range; and disposing the multilayer partial mirror between a reflective polarizer and the emission surface, such that for the visible wavelength range and a substantially normally incident light, the reflective polarizer has an average optical reflectance of greater than about 60% when the incident light is polarized along the first direction and an average optical transmittance of greater than about 60% when the incident light is polarized along an in-plane second direction orthogonal to the first direction; then, a luminous distribution of light exiting the optical system through the reflective polarizer comprises at least one global peak at an angle of greater than about 5 degrees with a line normal to the reflective polarizer. Claims 14-17 are allowed by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Chung whose telephone number is (571)272-2288. The examiner can normally be reached Monday - Friday, 8:30 am - 5:00 pm.
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, Michael Caley can be reached at (571)272-2286. 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.
/DAVID Y CHUNG/Primary Examiner, Art Unit 2871
Prosecution Insights