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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “a first light emission unit […] being configured to emit a first light” and “a second light emission unit […] configured to emit a second light “ and “a first optical member configured to reflect a portion of the first light and transmit a portion of the first light; a second optical member configured to reflect a portion of the second light and transmit a portion of the second light” but later recites “a first window portion configured to extract the first light and the second light traveling in a predetermined direction via the first optical member and the second optical member, a second window portion configured to extract the first light traveling in a direction different from the predetermined direction via the first optical member, and a third window portion configured to extract the second light traveling in a direction different from the predetermined direction via the second optical member.” As the light which is extracted through all three window portions is either transmitted or reflected by the first and/or second optical members, it is unclear how the window portions extract “the first light” and/or “the second light”. As best understood, and in light of the specification, the Examiner interprets Claim 1 last seven lines as follows:
“a first window portion configured to extract the reflected portion of the first light and the reflected portion of the second light traveling in a predetermined direction via the first optical member and the second optical member respectively,
a second window portion configured to extract the transmitted portion of the first light traveling in a direction different from the predetermined direction via the first optical member, and
a third window portion configured to extract the transmitted portion of the second light traveling in [[a]]the direction different from the predetermined direction via the second optical member.”
Claims 2-10 are rejected due to their dependence thereto. Applicant is requested to review all claims for reference made to “the first light” and “the second light” as similar correction as is illustrated above may be required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. It would appear Claim 9 is simply a rewording of the limitations of the last nine lines of Claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-8 and 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, including that which is listed on the attached PTO-892, most notably Sakai et al. (US 2017/0276546 and US 2019/0097396), and Yamakawa et al. (US 2016/0139416), while either alone or in combination teaching the details of the light emission module including the first light emission unit, the second light emission unit, the first optical member, and the second optical member, fails to disclose or render obvious in particular the housing including a first window portion configured to extract the reflected portion of the first light and the reflected portion of the second light traveling in a predetermined direction via the first optical member and the second optical member respectively, a second window portion configured to extract the transmitted portion of the first light traveling in a direction different from the predetermined direction via the first optical member, and a third window portion configured to extract the transmitted portion of the second light traveling in the direction different from the predetermined direction via the second optical member as called for in the claimed combination of independent Claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER K GARLEN whose telephone number is (571)272-3599. The examiner can normally be reached M-F 8:00-5:00 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, Jessica Han can be reached at 571-272-2078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER K GARLEN/Primary Examiner, Art Unit 2896
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