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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 11,846,794 hereinafter referred to as Pat’794 in view of Vasylyev (US 2023/0185014 A1).
Regarding claim 1 of the instant application, claim 1 of Pat’794 teaches a method of making a wide-area waveguide illumination system (see lines 1-6 of claim 1 of Pat’794), the method comprising:
providing a sheet of optically transmissive material having a first broad-area surface, an opposing second broad-area surface, and at least one light input edge, the sheet configured to guide light using total internal reflection (see lines 1-6 of claim 1 and lines 1-6 of claim 11 of Pat’794);
forming, on at least one of the first or second broad-area surfaces, a two-dimensional pattern of light extraction features with variable areal density, the two-dimensional pattern comprising a plurality of higher-density light extraction areas and a plurality of lower-density light extraction areas arranged to alternate across at least one dimension of the sheet, wherein distances between the light extraction features in the higher-density light extraction areas are generally less than distances between the light extraction features in the lower-density light extraction areas (see lines 7-13 of claim 1 of Pat’794);
optically coupling one or more solid-state light sources to the at least one light input edge such that light emitted by the one or more solid-state light sources is guided within the sheet and is at least partially extracted through the two-dimensional pattern of light extraction features (see lines 14-22 of claim 1 of Pat’794).
Pat’794 does not explicitly teach in claim 1 disposing an image print in an energy-receiving relationship with respect to the sheet such that light extracted from the sheet illuminates the image print.
Vasylyev et al. teaches an image print dispose in an energy-receiving relationship with respect to the sheet such that light extracted from the sheet illuminates the image print (see claim 16 of Vasylyev et al. where image print is disposed on a first side of waveguide and the plurality of the light extraction areas are configured to illuminate at least portions of the image print).
It would have been obvious to one of ordinary skill in the art before the time of the effective filing date of the invention to modify Pat’794 to include an image print as taught by Vasylyev et al. to enhance system efficiency and apparent brightness of the image print (see paragraph [0227] of Vasylyev et al.).
Claims 17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 11 of U.S. Patent No. 11,846,794 hereinafter referred to as Pat’794.
Regarding claim 17 of the instant application, claims 1, 10 and 11 of Pat’794 teaches method of making a wide-area waveguide illumination system, the method comprising:
providing a sheet of optically transmissive material having a first broad-area surface, an opposing second broad-area surface, and at least one light input edge, the sheet configured for guiding light using total internal reflection (see lines 1-6 of claim 1 of Pat’794 and lines 1-6 of claim 11);
forming, on at least one broad-area surface, a two-dimensional pattern of light extraction features, the two-dimensional pattern having variable areal density and comprising higher-density and lower-density areas, wherein distances between the light extraction features in the higher-density areas are generally less than distances between the light extraction features in the lower-density areas (see lines 7-13 of claim 1 of Pat’794);
and providing one or more solid-state light sources configured to be optically coupled to the at least one light input edge such that, when coupled to the at least one light input edge, light emitted from the one or more solid-state light sources is guided within the sheet and extracted by the two- dimensional pattern of light extraction features (see lines 14-22 of claim 1 of Pat’794),
wherein the two-dimensional pattern of light extraction features includes at least first, second, and third of the higher-density areas located progressively farther from the at least one light input edge and separated from one another by one or more of the lower-density areas, and wherein an areal density of the first of the higher-density areas is less than an areal density of the second of the higher-density areas, and the areal density of the second of the higher-density areas is less than an areal density of the third of the higher-density areas (see lines 14-22 of claim 1 of Pat’794 and claim 10 of Pat’794).
Regarding claim 19 of the instant application, claim 1, 10 and 11 of Pat’794 teaches a method of making a wide-area waveguide illumination system, the method comprising:
providing a sheet of optically transmissive material having a first broad-area surface, an opposing second broad-area surface, and at least one light input edge, the sheet configured for guiding light using total internal reflection (see lines 1-6 of claim 1 of Pat’794 and lines 1-6 of claim 11);
forming, on at least one broad-area surface, a two-dimensional pattern of light extraction features, the two-dimensional pattern comprising patterned areas and separation areas, wherein the separation areas are substantially free from light extraction features (see lines 7-13 of claim 1 of Pat’794); and
providing one or more solid-state light sources configured to be optically coupled to the at least one light input edge such that, when coupled to the at least one light input edge, light emitted from the one or more solid-state light sources is guided within the sheet and extracted by the two- dimensional pattern of light extraction features (see lines 14-22 of claim 1 of Pat’794),
wherein the two-dimensional pattern of light extraction features includes at least first, second, and third of the patterned areas located progressively farther from the at least one light input edge and separated from one another by one or more of the separation areas, and wherein an areal density of the first of the patterned areas is less than an areal density of the second of the patterned areas, and the areal density of the second of the patterned areas is less than an areal density of the third of the patterned areas (see lines 14-22 of claim 1 of Pat’794 and claim 10 of Pat’794).
Allowable Subject Matter
Claims 2-16, 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA MCMILLAN APENTENG whose telephone number is (571)272-5510. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
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/JESSICA M APENTENG/Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/Supervisory Patent Examiner, Art Unit 2875