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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 6-8, 10, 12, 18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15, 16 and 20 of U.S. Patent No. 12262154. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1-3, 6-8, 10, 12, 18 and 20 of the current are included in claims 1, 15, 16 and 20 of U.S. Patent No. 12262154 with obvious wording variations. Take an example of comparing the combination of claim 1-3 and 6 of the current application with the combination of claim 1,3, 15, 16 of U.S. Patent No. 12262154.
Claim 1 of the current Application
Claim of U.S. Patent No. 12262154
1. A device comprising:
a lightguide formed from a film having opposing surfaces with a thickness not greater than 0.5 millimeters therebetween and a plurality of coupling lightguides in a form of strips of the film extending from and continuous with a lightguide region of the film, each coupling lightguide of the plurality of coupling lightguides terminates in a bounding edge between two lateral edges of the coupling lightguide; and
a guide element comprising a plurality of angled edges oriented at different angles to each other in a plane orthogonal to a thickness direction of the guide element, wherein each angled edge is curved in a plane comprising a thickness direction of the guide element and each coupling lightguide is folded over an angled edge.
2. The device of claim 1 wherein each coupling lightguide is folded over an angled edge of the guide element along a fold line, and the plurality of angled edges are oriented parallel to the fold lines.
3. The device of claim 1 wherein the guide element further comprises a platform positioned to receive a stack of the coupling lightguides formed when the plurality of coupling lightguides are folded around the angled edges.
6. A light emitting display comprising the device of claim 1, a light source positioned to emit light into the bounding edges of the plurality of coupling lightguides, and a spatial light modulator.
7. A guide element for guiding folds of coupling lightguides of a film-based lightguide, the guide element comprising a plurality of angled edges oriented at different angles to each other in a plane orthogonal to a thickness direction of the guide element.
8. The guide element of claim 7 wherein the plurality of angled edges are linear edges.
10. The guide element of claim 7 wherein the plurality of angled edges have a curvature in a plane comprising the thickness direction of the guide element.
12. The guide element of claim 7 wherein a thermal conductivity of the guide element is greater than 0.5 watts per meter-Kelvin.
1. A display comprising:
a reflective spatial light modulator comprising a front viewing side and a back side opposite the front viewing side;
a lightguide formed from a film having opposing surfaces with a thickness not greater than 0.5 millimeters therebetween, the lightguide positioned on the front viewing side of the reflective spatial light modulator and comprising a lightguide region, a light emitting region, and a plurality of coupling lightguides in a form of strips of the film extending from and continuous with the lightguide region, and each coupling lightguide of the plurality of coupling lightguides terminates in a bounding edge;
a light source positioned to emit light into the bounding edges, the light propagating within the plurality of coupling lightguides to the lightguide region; and
a plurality of light extraction features arranged within the light emitting region, the plurality of light extraction features frustrate totally internally reflected light from the light source propagating in the lightguide region such that light exits the lightguide in the light emitting region and propagates to the reflective spatial light modulator, wherein the plurality of coupling lightguides are folded along linear fold lines behind the reflective spatial light modulator such that the plurality of coupling lightguides are stacked on the back side of the reflective spatial light modulator with the bounding edges positioned to receive the light from the light source, and the linear fold lines of the plurality of coupling lightguides are oriented at different fold angles such that a difference between fold angles of adjacent coupling lightguides of the plurality of coupling lightguides is greater than 5 degrees.
3. The display of claim 1 wherein the plurality of coupling lightguides comprise linear lateral edge sections proximate the linear fold lines that are substantially parallel to each other and perpendicular to the linear fold lines.
15. The display of claim 1 wherein each coupling lightguide of the plurality of coupling lightguides comprises lateral edges with portions curved in a plane orthogonal to a thickness direction of the coupling lightguide.
16. The display of claim 15 wherein one or more coupling lightguides of the plurality of coupling lightguides comprise: a first lateral edge of the one or more coupling lightguides with a radius of curvature ri along a section of the first lateral edge; a second lateral edge of the one or more coupling lightguides opposite the first lateral edge with a radius of curvature r2 along a section of the second lateral edge; and a width, w, at a bounding edge in a direction orthogonal to an optical axis of the light source and orthogonal to the thickness direction of the coupling lightguide, and an average radius-to-width ratio, (ri+ r2)/2w, of the one or more coupling lightguides is greater than 6.
As disclosed in the table above, the combination of claim 1,3, 15, 16 of U.S. Patent No. 12262154 includes further limitations but encompass the limitations of the combination of claim 1-3 and 6 of the current application
Nonetheless, the removal of said limitations from the combination of claim 1-3 and 6 of the current application made the combination of claim 1-3 and 6 of the current application a broader version of the combination of claim 1,3, 15, 16 of U.S. Patent No. 12262154.
Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), the combination of claim 1-3 and 6 of the current application is not patentably distinct from the combination of claim 1,3, 15, 16 of U.S. Patent No. 12262154
similar comparison would be applied between the combination of claim 1-3 and 6 and independent claim 7, 8, 10 and 12 of the current application and the combination of claim 1, 3, 15, 16 of U.S. Patent No. 12262154 ).
similar comparison would be applied between the combination of claim 1-3 and 6 and independent claim 18 and claim 20 of the current application and the combination of claim 1,3, 15, 16 of U.S. Patent No. 12262154 ).
Allowable Subject Matter
Claim, 4, 5, 9, 1113-17 and 19 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 SAMIRA MONSHI whose telephone number is (571)272-0995. The examiner can normally be reached 8 AM-5 PM.
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/SAMIRA MONSHI/Primary Examiner, Art Unit 2422
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