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 .
Information Disclosure Statement
The IDS filed to date have been considered.
Double Patenting
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 11630290. Although the claims at issue are not identical:
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11630290
An optical system comprising: a first lens comprising a glass and a second lens comprising a plastic;
a plurality of optical lenses comprising at least one first lens comprising a glass and at least one second lens comprising a plastic;
a partial reflector disposed on and conforming to a curved major surface of the first lens and having an average optical reflectance of at least 30% in a predetermined wavelength range;
a partial reflector disposed on and conforming to a curved major surface of at least one first lens and having an average optical reflectance of at least 30% in a predetermined wavelength range;
a reflective polarizer disposed on and conforming to a curved major surface of the second lens;
a reflective polarizer disposed on and conforming to a curved major surface of the at least one second lens,
wherein, a light ray propagating along an optical axis of the optical system, passes through the first and second lenses, the partial reflector and the reflective polarizer without being substantially refracted,
a light ray propagating along the optical axis passing through the plurality of optical lenses, the partial reflector, the reflective polarizer, and the first retarder layer without being substantially refracted,
and wherein for a cone of light that is incident on the optical system from an object having a spatial frequency of about 70 line pairs per millimeter and comprises a chief ray that after passing through the optical system makes an angle of about 20 degrees with the optical axis,
such that for a cone of light incident on the optical system from an object comprising a spatial frequency of about 70 line pairs per millimeter filling the exit pupil with a chief ray of the cone of light passing through a center of the opening of the exit pupil and making an angle (0) of about 20 degrees with the optical axis,
a modulation transfer function (MTF) of the optical system is greater than about 0.2.
a modulation transfer function (MTF) of the optical system is greater than about 0.2.
The claims are not patentably distinct from each other because the claim limitations represent a broader scope than those limitations of the aforementioned patent as the instant invention does not teach the limitations: “the reflective polarizer; substantially reflecting light having a first polarization state and substantially transmitting, a light having an orthogonal secondary polarization state in the predetermined wavelength range; a first retarder layer disposed on and conforming to a major surface of plurality of optical lenses between the reflective polarizer and the partial reflector; and an exit pupil defining an opening therein,” and “the optical system having an optical axis, a light ray propagating along the optical axis passing through the plurality of optical lenses.”
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11630290. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations represent a broader scope than those limitations of the aforementioned patent.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 11630290. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations represent a broader scope than those limitations of the aforementioned patent.
Allowable Subject Matter
Claims 4 and 5 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten to be included in the independent claim including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claims 4 and 5, the claim limitations include materials like borosilicate BK7 glass, a lanthanum crown LAK34, a lanthanum flint LAF7 glass, a flint F2 glass, a dense flint SF2, a lanthanum dense flint LASF45, a fluorophosphate FPL51 and a fluorophosphate FPL55 glass (claim 4) and a polymethylmethacrylate (PMMA), a polystyrene, a polyvinyl alcohol, and a polycarbonate (claim 5) which would help to distinguish the current claim set from that of the currently double patented claims of US 11630290.
As such, due to these limitations if they were to be included in the independent claim the instant invention would be in a state of allowance.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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/GRANT A GAGNON/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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