`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`12/853,412
`
`08/10/2010
`
`Michihide SHIBATA
`
`1497.51002X00
`
`5808
`
`20457
`
`7590
`
`03/01/2013
`
`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`QUASH, ANTHONY G
`
`2871
`
`MAIL DATE
`
`03/01/2013
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 12/853,412 SHIBATA ET AL.
`Examiner
`Art Unit
`
`ANTHONY G. QUASH
`
`2871
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IZI Responsive to communication(s) filed on 18 January 2013.
`
`2a)|:l This action is FINAL.
`
`2b)IXI This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)|Zl Claim(s) 1-18is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)I:l Claim(s) _ is/are allowed.
`
`7)|Xl Claim(s) 1-_18 is/are rejected.
`
`8)I:l Claim(s) _ is/are objected to.
`
`
`9)I:I Claim((s)
`
`are subject to restriction and/or election requirement.
`
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
`
`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|:| All
`
`b)|:l Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.|:l Certified copies of the priority documents have been received in Application No. _
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`
`1) IZI Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`PTOL-326 (Rev. 09-12)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20130221
`
`

`

`Application/Control Number: 12/853,412
`
`Page 2
`
`Art Unit: 2871
`
`DETAILED ACTION
`
`Response to Amendment
`
`1.
`
`Claim 2 is acknowledged as being canceled by applicant's amendment dated,
`
`1/18/2013. Applicant’s amendment/arguments have overcome the objections to the
`
`claims 1-18 listed in the previous office action dated 09/20/2012.
`
`Response to Arguments
`
`2.
`
`Applicant’s arguments with respect to claims 1-18 have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the
`
`current rejection.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`4.
`
`Claims 1, 3-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`US 2009/0251921 A1 to Toussaint et al., hereinafter referred to as Toussaint, in view of
`
`US 2008/0192506 A1 to Ohno, hereinafter referred to as Ohno.
`
`Regarding claim 1, Toussaint discloses a system for improvement of the
`
`perceived FOS homogeneity by suppressing hotspots in a module design with a short
`
`LED to active area distance (title) and further teaches a display panel (501 fig. 5 below),
`
`and a backlight ( 50 fig. 5) which illuminates the display panel, wherein the backlight
`
`includes a light guide plate (509 fig. 5), a plurality of light emitting diodes (fig. 9, para.
`
`

`

`Application/Control Number: 12/853,412
`
`Page 3
`
`Art Unit: 2871
`
`0030) which are arranged on a side portion of the light guide plate (see fig. 5 below),
`
`and an optical sheet member (503, 505, 507, fig. 5) which is arranged between the light
`
`guide plate (509 fig. 5) and the display panel (501 fig. 5) and which has a light diffusion
`
`property or a light condensing property (para. 0024), a plurality of cutaway portions (fig.
`
`9 labeled below) are formed on a side wall of the optical sheet member in the vicinity of
`
`the light emitting diodes (LED fig. 9; also see fig. 4 for an exploded view) and outside
`
`the display region (active region in abstract; aa fig. 5) of the display panel (501 fig. 5;
`
`The cutaway portions are formed in the peripheral region.), the light emitting diodes are
`
`arranged to extend facing a side wall of the light guide plate such that predetermined
`
`portions of the side wall of the light guide plate face a light emitting area of a
`
`corresponding one of the light emitting diodes (figs. 4, 9), and the cutaway portions (c in
`
`fig. 5; hotspot reducing in abstract) are respectively arranged along the side wall (see
`
`figs. 4-5, 9) of the optical sheet member (the stack comprised of 503, 505, 507 fig. 5)
`
`adjacent to the side wall of the light guide plate (509 fig. 5) which the light emitting
`
`diodes are arranged along see figs. 4-5, 9), wherein each of the cutaway portions faces
`
`a corresponding one of the light emitting diodes (LED fig. 9) and a corresponding one of
`
`the predetermined portions of the side wall of the light guide plate in an opposed
`
`manner (see fig. 9), and wherein each of the cutaway portions extends in a direction
`
`away from the corresponding one of the predetermined portions of the sidewall of the
`
`light guide plate so that the cutaway portions (c in figs. 4-5) are each farther away from
`
`the light emitting area of the corresponding of the light emitting diodes (figs. 4, 9), in a
`
`direction of light emitted from the light emitting area (figs. 4-5, 9), than the
`
`

`

`Application/Control Number: 12/853,412
`
`Page 4
`
`Art Unit: 2871
`
`corresponding one of the predetermined portions of the side wall of the light guide plate
`
`(509 fig. 5, Also see paras. 0008, 0024-0027).
`
`
`
`

`

`Application/Control Number: 12/853,412
`
`Page 5
`
`Art Unit: 2871
`
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`Application/Control Number: 12/853,412
`
`Page 6
`
`Art Unit: 2871
`
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`
`However, Toussaint does not explicitly state the display panel being a liquid
`
`crystal display panel.
`
`Ohno teaches a spread illuminating apparatus (title) and further teaches a
`
`plurality of light emitting diodes (14 figs. 2-4a) illuminating a lightguide (12b fig. 2), and a
`
`diffusing plate (16 fig. 2) having cutaway portions (16b fig. 2), and that such a
`
`backlighting device should be used with a liquid crystal display (paras. 0002, 0004; this
`
`is interpreted as meaning a liquid crystal display panel).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to modify display panel of Toussaint so as to have the display panel be
`
`a liquid crystal display panel as suggested by Ohno in order to provide a display panel
`
`that has vivid color display, excellent resolution, and is free of hotspots.
`
`

`

`Application/Control Number: 12/853,412
`
`Page 7
`
`Art Unit: 2871
`
`Regarding claims 3, 7, Toussaint teaches the optical sheet member (the stack
`
`comprised of 503, 505, 507 fig. 5) is comprised of a plurality of stacked sheets (503,
`
`505, 507 fig. 5), and a cutaway portion (c in fig. 5 para. 0025; fig. 6 teaches the different
`
`combinations of how the cutaway portions are placed with respect to the individual
`
`optical sheets) is formed on a side of all of the stacked sheets which faces the light
`
`emitting diodes (figs. 5, 9; para. 0027).
`
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`Regarding claims 4, 8, Toussaint teaches the invention as shown above but does
`
`not explicitly state the cutaway portions formed on the respective sheets of the stacked
`
`sheets differ from each other in size or position for every sheet.
`
`

`

`Application/Control Number: 12/853,412
`
`Page 8
`
`Art Unit: 2871
`
`Toussaint does however infer that the cutaway portions formed on the respective
`
`sheets of the stacked sheets differ from each other in size or position for every sheet,
`
`when it states, "The choice of the hotspot-reducing area in different optical foils is
`
`determined by the designer according to his/her need (para. 0027; Also see para.
`
`0028).
`
`Therefore it would have been obvious to one of ordinary skill in the art to modify
`
`system for improvement of the perceived FOS homogeneity by suppressing hotspots in
`
`a module design with a short LED to active area distance of Toussaint so as to have the
`
`cutaway portions formed on the respective sheets of the stacked sheets differ from each
`
`other in size or position for every sheet in order to prevent hotspots from occurring and
`
`to further aid in properly ventilating/cooling the display panel.
`
`Regarding claim 6, Toussaint teaches the optical sheet member (the stack
`
`sheets of 503, 505, 507 fig. 5) being comprised of a plurality of stacked sheets (503.
`
`505, 507 fig. 5) and the sheet (the stack sheets of 503, 505, 507 fig. 5) being each
`
`comprised of a sheet including the cutaway portions on the side thereof facing the light
`
`emitting diodes and a sheet having no cutaway portions on a side thereof facing the
`
`light emitting diodes (figs. 5 and fig. 6 show this aspect, see nr5 in fig. 6).
`
`Regarding claim 13-14, Toussaint teaches the invention as shown above but
`
`lacks the explicit teaching of the openings being elliptical in shape.
`
`Toussaint does however infer this, when it states, “The hotspot-reducing area
`
`can be
`
`any other shape.”(para. 0025).
`
`

`

`Application/Control Number: 12/853,412
`
`Page 9
`
`Art Unit: 2871
`
`Therefore it would have been obvious to one of ordinary skill in the art to have
`
`the openings being elliptical in shape, since such a modification would have involved a
`
`mere change in the shape of a component. A change in shape is generally recognized
`
`as being within the level of ordinary skill in the art.
`
`Regarding claims 16-17, Toussaint teaches the openings (hotspot-reducing area,
`
`abstract; c in figs. 4-5) being configured to receive light emitting from the light emitting
`
`diodes (figs. 4, 7-9, paras. 0025, 0030-0031), and to spread said light uniformly (para.
`
`0033; By stating that it improving homogeneity, Toussaint is indicating that light is
`
`spread uniformly by the openings. Also see the fig. 8 and fig. 3. A comparison between
`
`the two shows that light spread more uniformly due to the openings.).
`
`Regarding claim 9, Toussaint discloses a system for improvement of the
`
`perceived FOS homogeneity by suppressing hotspots in a module design with a short
`
`LED to active area distance (title) and further teaches a display panel (501 fig. 5 below),
`
`and a backlight ( 50 fig. 5) which illuminates the display panel, wherein the backlight
`
`includes a light guide plate (509 fig. 5), a plurality of light emitting diodes (fig. 9, para.
`
`0030) which are arranged on a side portion of the light guide plate (see fig. 5 below),
`
`and an optical sheet member (503, 505, 507, fig. 5) which is arranged between the light
`
`guide plate (509 fig. 5) and the display panel (501 fig. 5) and which has a light diffusion
`
`property or a light condensing property (para. 0024), a plurality of cutaway portions (fig.
`
`9 labeled below) are formed on a side wall of the optical sheet member in the vicinity of
`
`the light emitting diodes (LED fig. 9; also see fig. 4 for an exploded view) and outside
`
`the display region (active region in abstract; aa fig. 5) of the display panel (501 fig. 5),
`
`

`

`Application/Control Number: 12/853,412
`
`Page 10
`
`Art Unit: 2871
`
`where the optical sheet (503, 505, 507), the light emitting diodes are arranged to extend
`
`facing a side wall of the light guide plate such that predetermined portions of the side
`
`wall of the light guide plate face a light emitting area of a corresponding one of the light
`
`emitting diodes (figs. 4, 9), and the cutaway portions (c in fig. 5; hotspot reducing in
`
`abstract) are respectively arranged along the side wall (see figs. 4-5, 9) of the
`
`optical sheet member (503, 505, 507 fig. 5) adjacent to the side wall of the light guide
`
`plate (509 fig. 5) which the light emitting diodes are arranged along see figs. 4-5, 9),
`
`wherein each of the cutaway portions faces a corresponding one of the light emitting
`
`diodes (LED fig. 9) and a corresponding one of the predetermined portions of the side
`
`wall of the light guide plate in an opposed manner (see fig. 9), and wherein each of the
`
`cutaway portions extends in a direction away from the corresponding one of the
`
`predetermined portions of the sidewall of the light guide plate so that the cutaway
`
`portions (c in figs. 4-5) are each farther away from the light emitting area of the
`
`corresponding of the light emitting diodes (figs. 4, 9), in a direction of light emitted from
`
`the light emitting area (figs. 4-5, 9), than the corresponding one of the predetermined
`
`portions of the side wall of the light guide plate (509 fig. 5, Also see paras. 0008, 0024-
`
`0027)
`
`

`

`Application/Control Number: 12/853,412
`
`Page 11
`
`Art Unit: 2871
`
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`Application/Control Number: 12/853,412
`
`Page 12
`
`Art Unit: 2871
`
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`
`However, Toussaint does not explicitly state the display panel being a liquid
`
`crystal display panel, nor the cutaway portion being formed where the optical sheet
`
`member does not overlap with the liquid crystal display panel.
`
`Ohno teaches a spread illuminating apparatus (title) and further teaches a
`
`plurality of light emitting diodes (14 figs. 2-4a) illuminating a lightguide (12b fig. 2), and a
`
`diffusing plate (16 fig. 2) having cutaway portions (16b fig. 2), and that such a
`
`backlighting device should be used with a liquid crystal display (paras. 0002, 0004; this
`
`is interpreted as meaning a liquid crystal display panel). Ohno also teaches the
`
`cutaway portion (16b figs. 2, 3a, 4a) being formed where the optical sheet member does
`
`

`

`Application/Control Number: 12/853,412
`
`Page 13
`
`Art Unit: 2871
`
`not overlap with the liquid crystal display panel (fig. 5 the area between metal frames
`
`22a is where the display panel would reside. Paras. 0022-0024 and figs. 3b and 4a
`
`teach that the cutaway portions would extend all the way to the LED 14 in fig. 5 and
`
`thus the cutaway portion would be located in an area where the display panel does not
`
`reside over optical sheet member 16 in the figures.).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to modify display panel of Toussaint so as to have the display panel be
`
`a liquid crystal display panel and have the cutaway portion being formed where the
`
`optical sheet member does not overlap with the liquid crystal display panel as
`
`suggested by Ohno in order to provide a display panel that has vivid color display,
`
`excellent resolution, that is free of hotspots, thinner and wherein the optical sheet(s) do
`
`not shrink due to excessive heat.
`
`Regarding claim 10, Toussaint teaches the optical sheet member (the stack
`
`sheets of 503, 505, 507 fig. 5) being comprised of a plurality of stacked sheets (503.
`
`505, 507 fig. 5) and the sheet (the stack sheets of 503, 505, 507 fig. 5) being each
`
`comprised of a sheet including the cutaway portions on the side thereof facing the light
`
`emitting diodes and a sheet having no cutaway portions on a side thereof facing the
`
`light emitting diodes (figs. 5 and fig. 6 show this aspect, see nr5 in fig. 6).
`
`Regarding claim 11, Toussaint teaches the optical sheet member (the stack
`
`comprised of 503, 505, 507 fig. 5) is comprised of a plurality of stacked sheets (503,
`
`505, 507 fig. 5), and a cutaway portion (c in fig. 5 para. 0025; fig. 6 teaches the different
`
`combinations of how the cutaway portions are placed with respect to the individual
`
`

`

`Application/Control Number: 12/853,412
`
`Page 14
`
`Art Unit: 2871
`
`optical sheets) is formed on a side of all of the stacked sheets which faces the light
`
`emitting diodes (figs. 5, 9; para. 0027).
`
`
`
`Regarding claim 12, Toussaint teaches the invention as shown above but does
`
`not explicitly state the cutaway portions formed on the respective sheets of the stacked
`
`sheets differ from each other in size or position for every sheet.
`
`Toussaint does however infer that the cutaway portions formed on the respective
`
`sheets of the stacked sheets differ from each other in size or position for every sheet,
`
`when it states, "The choice of the hotspot-reducing area in different optical foils is
`
`determined by the designer according to his/her need (para. 0027; Also see para.
`
`0028)
`
`

`

`Application/Control Number: 12/853,412
`
`Page 15
`
`Art Unit: 2871
`
`Therefore it would have been obvious to one of ordinary skill in the art to modify
`
`system for improvement of the perceived FOS homogeneity by suppressing hotspots in
`
`a module design with a short LED to active area distance of Toussaint so as to have the
`
`cutaway portions formed on the respective sheets of the stacked sheets differ from each
`
`other in size or position for every sheet in order to prevent hotspots from occurring and
`
`to further aid in properly ventilating/cooling the display panel.
`
`Regarding claim 15, Toussaint teaches the invention as shown above but lacks
`
`the explicit teaching of the openings being elliptical in shape.
`
`Toussaint does however infer this, when it states, “The hotspot-reducing area
`
`can be
`
`any other shape.”(para. 0025).
`
`Therefore it would have been obvious to one of ordinary skill in the art to have
`
`the openings being elliptical in shape, since such a modification would have involved a
`
`mere change in the shape of a component. A change in shape is generally recognized
`
`as being within the level of ordinary skill in the art.
`
`Regarding claim 18, Toussaint teaches the openings (hotspot-reducing area,
`
`abstract; c in figs. 4-5) being configured to receive light emitting from the light emitting
`
`diodes (figs. 4, 7-9, paras. 0025, 0030-0031), and to spread said light uniformly (para.
`
`0033; By stating that it improving homogeneity, Toussaint is indicating that light is
`
`spread uniformly by the openings. Also see the fig. 8 and fig. 3. A comparison between
`
`the two shows that light spread more uniformly due to the openings.).
`
`

`

`Application/Control Number: 12/853,412
`
`Page 16
`
`Art Unit: 2871
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANTHONY G. QUASH whose telephone number is
`
`(571)272-8829. The examiner can normally be reached on Monday - Friday 9:00 am -
`
`5:00 pm EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Edward J. Glick can be reached on 571 -272-2490. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/A. G. Q./
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`Examiner, Art Unit 2871
`/Lauren Nguyen/
`Primary Examiner, Art Unit 2871
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`