www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/139,270
`
`09/24/2018
`
`Atsushi Fukui
`
`PIPMB-59817
`
`8001
`
`reronne
`
`ORI
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`ZIMMERMAN, GLENN D
`
`2875
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/19/2020
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CJ] Claim(s)__ is/are allowed.
`Claim(s) 1-16 is/are rejected.
`OO Claim(s)__is/are objectedto.
`CC) Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200609
`
`Application No.
`Applicant(s)
`16/139,270
`Fukui etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GLENN ZIMMERMAN
`2875
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 5/11/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Response to Amendment
`
`The Amendment, filed on 5/11/2020 has been entered and acknowledged
`
`by the Examiner.
`
`In the instant applications, claims 1-16 have been considered and
`
`examined. No claims have been canceled.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—The specification shall contain a written description of the
`invention, and of the manner and process of making and usingit, in suchfull, clear, concise,
`and exact terms as to enable any person skilled in the art to whichit pertains, or with whichit
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AlA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and usingit, in suchfull, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with whichit is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`Claim 1
`
`is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first
`
`paragraph, asfailing to comply with the written description requirement. The claim(s)
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 3
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`contains subject matter which wasnot described in the specification in such a way as to
`
`reasonably conveyto one skilled in the relevant art that the inventor or a joint inventor,
`
`or for pre-AlA the inventor(s), at the time the application wasfiled, had possession of
`
`the claimed invention. Claim 1 recites “a plurality of first linear grooves formedinafirst
`
`direction on the incidence surface and a plurality of second linear grooves formed in a
`
`second direction on the emission surface of the collimating lens, wherein the first
`
`direction and the second direction are perpendicular to each other’. Nothing from the
`
`spec, claims, abstract or drawings discloses these limitations for the collimating lens.
`
`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-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`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 pre-AlA the
`
`applicant regards asthe invention.
`
`Claim 1 recites “a plurality offirst linear grooves formedin a first direction on the
`
`incidence surface and a plurality of second linear grooves formed in a second direction
`
`on the emission surface of the collimating lens, wherein the first direction and the
`
`second direction are perpendicular to each other’. Nothing from the spec,claims,
`
`abstract or drawings discloses theselimitations for the collimating lens. Clearly the
`
`limitations are part of the diffusion plate because the diffusion plate is mentioned earlier
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 4
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`in the indentation. The collimating lens would not collimate with grooves on the
`
`incidence or emission surface.
`
`For the purpose of examination, the recitation in claim 1 “a plurality of first linear
`
`grooves formedinafirst direction on the incidence surface and a plurality of second
`
`linear grooves formed in a second direction on the emission surface of the collimating
`
`lens, wherein the first direction and the second direction are perpendicular to each
`
`other’ will be interpreted as Claim 1 recites “a plurality offirst linear grooves formed in a
`
`first direction on the incidence surface and a plurality of second linear grooves formedin
`
`a second direction on the emission surface of the diffusion plate, wherein the first
`
`direction and the second direction are perpendicular to each other”.
`
`A broad range or limitation together with a narrow range or limitation thatfalls
`
`within the broad range or limitation (in the same claim) is considered indefinite, since
`
`the resulting claim does notclearly set forth the metes and bounds ofthe patent
`
`protection desired. See MPEP § 2173.05(c). Note the explanation given by the Board
`
`of Patent Appeals and Interferences in Ex parte Wu, 10 USPQ2d 2031, 2033 (Bd. Pat.
`
`App. & Inter. 1989), as to where broad language is followed by "such as" and then
`
`narrow language. The Board stated that this can render a claim indefinite by raising a
`
`question or doubt as to whether the feature introduced by such language is (a) merely
`
`exemplary of the remainder of the claim, and therefore not required, or (b) a required
`
`feature of the claims. Note also, for example, the decisions of Ex parte Steigewald, 131
`
`USPQ 74 (Bd. App. 1961); Ex parte Hall, 83 USPQ 38 (Bd. App. 1948); and Ex parte
`
`Hasche, 86 USPQ 481 (Bd. App. 1949).
`
`In the present instance, claim 2 recites the
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 5
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`broad recitation “a plurality of linear grooves are arranged in at least one of the
`
`incidence surface and the emission surface’, and the claim also recites “wherein the
`
`diffusion plate includes a plurality offirst linear grooves formedin a first direction on the
`
`incidence surface and a plurality of second linear grooves formed in a second direction
`
`on the emission surface, wherethe first direction and the second direction are
`
`perpendicular to each other” which is the narrower statement of the range/limitation.
`
`For the purpose of examination, the recitation in claim 2 of “a plurality of linear
`
`grooves are arrangedin at least one of the incidence surface and the emission surface,
`
`wherein the diffusion plate includes a plurality of first linear grooves formed inafirst
`
`direction on the incidence surface and a plurality of second linear grooves formed ina
`
`second direction on the emission surface, wherein the first direction and the second
`
`direction are perpendicular to each other’ will be interpreted as “wherein the diffusion
`
`plate includesa plurality of linear grooves; wherein the plurality of linear grooves
`
`comprise: a plurality offirst linear grooves formedin a first direction on the incidence
`
`surface and a plurality of second linear grooves formed in a second direction on the
`
`emission surface, wherein the first direction and the second direction are perpendicular
`
`to each other’.
`
`The remaining claims are rejected for depending from a rejected base claim.
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 6
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`Claim 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stiqwall
`
`in view of and Ookawaet al. (US Pub. 2004/0075897)..
`
`Stigwall discloses a laser projection device (fig. 10 and 5) comprising: a laser
`
`light source (replace 2 with 10”light emitting unit; [0131]; [0098] Fig. 5b is a triangulation
`
`light emitting unit so can be usedin fig. 10); a diffusion plate (34 micro-lens array) that
`
`has an incidence surface and an emission surface(fig. 5 surface on right and left
`
`respectively) and, on which emitted light from the laser light source (11’) is incident (fig.
`
`5), a plurality of second linear grooves (grooves of 34) formed in a second direction (in
`
`and out of the page) on the emission surface (emission surface of 34) of the collimating
`
`lens, and a housing (The housing is shownin fig. 10) that has an opening (opening that
`
`2 fits into.) through whichlight diffused by the plurality of second linear grooves (34) is
`
`emitted in an emitting direction (Fig. 5) of the laser light source (11’) except for a
`
`plurality of first linear grooves formedinafirst direction on the incidence surface and a
`
`plurality of second linear grooves formed in a second direction on the emission surface
`
`of the collimating lens, wherein the first direction and the second direction are
`
`perpendicular to each other.
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 7
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`Ookawateachesa plurality of first linear grooves formedinafirst direction (Fig. 2
`
`and 11; 21 both-sided prism 4 prism lens portion; [0045] may be wavy) on the incidence
`
`surface (bottom surface 1’) and a plurality of second linear grooves(3 prisms of lens
`
`portion; [0045] may be wavy) formed in a second direction on the emission surface (top
`
`surface of 1) of the collimating lens (Fig. 2; Fig. 11; 21), wherein the first direction and
`
`the second direction are perpendicular to each other ([0067] control in both directions
`
`means X andYdirections i.e. horizontal plane and vertical plane. [0046] substantially
`
`perpendicular).
`
`Therefore, it would have been obvious to one of ordinary skill, in the art, before
`
`the effective filing date of the claimed invention, to use lens sheet(diffuser) as taught by
`
`Ookawafordiffusion plate as disclosed by Stigwall to utilize simple substitution of one
`
`knowndiffusing sheet/plate for another to obtain predictable results and/or enhancing
`
`luminance ([0001]) and/or a lens sheet having no optical defect such as spot pattern,
`
`glare or the like ([0001]) and/or enhancing the balance of the luminance ([0067]).
`
`Claim 2-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Stigwall in view of Hiroyuki (JP2000-206411A) and Ookawaet al. (US Pub.
`
`2004/0075897)..
`
`Regarding claim 2, Stigwall discloses a laser projection device (Fig. 10)
`
`comprising: a laser light source (Fig. 5b; [0131]; [0098] Fig. 5b is a triangulation light
`
`emitting unit so can be usedin fig. 10); a collimating lens (36 collimation lens) having: a
`
`first surface on which emitted light from the laser light source (11’ laser source) is
`
`incident (see fig. 5b); a second surface opposite to the first surface (see fig. 5b); a side
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 8
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`surface (see fig. 5b) disposed between the first surface and the second surface (see fig.
`
`5); a diffusion plate (34 micro-lens array) which has an incidence surface and an
`
`emission surface (see fig. 5), and on which the parallel light from the collimating lens is
`
`incident (see fig. 5), a plurality of linear grooves (grooves in 34) are arrangedin at least
`
`one of the incidence surface and the emission surface (emission surface here); wherein
`
`the diffusion plate (34) includes a plurality of second linear grooves (grooves of 34 on
`
`the emission surface) formed in a second direction on the emission surface (emission
`
`surface); and a housing (In fig. 10 let 2 be replaced by 10) that has an opening (10 has
`
`an opening wherethe light is emitted and becomes 4 a beam.) through whichlight
`
`diffused by the plurality of linear grooves (see fig. 5b and 10; grooves of 34) in the
`
`diffusion plate (34) is emitted in an emitting direction (right to left) of the laser light
`
`source (11’) (
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`

`

`Page 9
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`Application/Control Number: 16/139,270
`
`Art Unit: 2875
`
`) exceptfor (a) a first total reflection surface which is disposedat a location of the
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`second surface opposite to the first surface and reflects incident light from the first
`
`surface; and a second total reflection surface which is disposed on the side surface,
`
`reflects light reflected by the first total reflection surface, and makes the reflected light
`
`into parallel light, the collimating lens emitting the parallel light made by the secondtotal
`
`reflection surface from the second surface; (b) wherein the diffusion plate includes a
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 10
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`plurality of first linear grooves formedinafirst direction on the incidence surface and a
`
`plurality of second linear grooves formed in a second direction on the emission surface,
`
`wherein the first direction and the second direction are perpendicular to each other;.
`
`(a) Hiroyuki teachesa first total reflection surface (Fig. 5d; 10Cafirst mirror
`
`surface; [(0068]) which is disposed at a location of the second surface (bottom surface of
`
`10C in Fig. 5d) opposite to the first surface (10Cclight incident surface) and reflects
`
`incidentlight from the first surface (10Cclight incident surface); and a secondtotal
`
`reflection surface (10Cb second mirror surface; [0068]) which is disposed on the side
`
`surface (see fig. 5d), reflects light reflected by the first total reflection surface (10Ca),
`
`and makesthe reflected light into parallel light (L’ annular beam which are shown to be
`
`collimating.), the collimating lens (10C optical element) emitting the parallel light made
`
`by the second total reflection surface from the second surface.
`
`Therefore, it would have been obvious to one of ordinary skill, in the art, before
`
`the effectivefiling date of the claimed invention, to use collimator as taught by Hiroyuki
`
`for the collimator as disclosed by Seiki to utilize simple substitution of one known
`
`collimator for another to obtain predictable results (Fig. 5d).
`
`(b) Ookawa teachesthe diffusion plate (Fig. 2 and 11;) includes a plurality offirst
`
`linear grooves (4 prisms;) formed in a first direction (right to left) on the incidence
`
`surface (bottom surface of 1’) and a plurality of second linear grooves (3 prisms;)
`
`formed in a second direction (forward to back) on the emission surface (top surface of
`
`1), wherein the first direction and the second direction are perpendicular ([0046]) to
`
`eachother (see Fig. 2;).
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 11
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`Therefore, it would have been obvious to one of ordinary skill, in the art, before
`
`the effective filing date of the claimed invention, to use the prism sheet as taught by
`
`Ookawafor the diffusion plate as disclosed by Stigwall to utilize simple substitution of
`
`one diffusion plate with grooves for another to obtain predictable results (Fig. 11; [0020])
`
`and/or for enhancing luminance ([0001)).
`
`Regarding claim 3, Stigwall discloses the invention as disclosed above exceptfor
`
`the laser light source is configured by arranging a plurality of semiconductor lasers
`
`close to each other.
`
`Stigwall teachesthe laser light source (11’) is from a single semiconductor laser
`
`(11’). Additionally, the applicant’s disclosure does not establish any new and
`
`unexpected result for the limitation “the laser light source is configured by arranging a
`
`plurality of semiconductor lasers close to each other’.
`
`It would have been obvious to
`
`one of ordinary skill, in the art, before the effective filing date of the claimed invention, to
`
`contemplate the laser light source of Stigwall as modified by Hiroyuki with the limitation
`
`“the laser light source is configured by arranging a plurality of semiconductor lasers
`
`close to each other” through Duplication of Parts, since it has been held that where the
`
`general conditions of a claim are disclosed in the prior art, mere duplication of parts has
`
`no patentable significance and involvesonly routine skill in the art. (See MPEP 2144.04
`
`VIB).
`
`As to claim 4, Stigwall discloses wherein sections of some of the plurality of
`
`grooves (34) in the diffusion plate is configured of four curved groove slopes including a
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 12
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`first groove slope (see drawing above), a second groove slope (see drawing above), a
`
`third groove slope (see drawing above), and a fourth groove slope (see drawing above),
`
`and the adjacent groove slopes are connected to each other at a connection point (see
`
`drawing above) suchthatinclination angles are approximately equal to each other (This
`
`can all be seen in fig. 5B. see drawing above.) except for each of the sections.
`
`Stigwall discloses many of the limitations above in claim 4 except each of the
`
`sections. It is well-known in the art to sections of the plurality of groovesin the diffusion
`
`plate is configured of four curved groove slopes includingafirst groove slope, a second
`
`groove slope, a third groove slope, and a fourth groove slope, and the adjacent groove
`
`slopes are connected to each other at a connection point such that inclination angles
`
`are approximately equal to each other
`
`As evidenced by Stigwall of record which teaches wherein sections of some of
`
`the plurality of grooves in the diffusion plate is configured of four curved groove slopes
`
`including a first groove slope, a second grooveslope, a third groove slope, and a fourth
`
`groove slope, and the adjacent groove slopes are connected to each other ata
`
`connection point such that inclination angles are approximately equal to each other.
`
`It would have been obvious to one ofordinary skill, in the art, before the effective
`
`filing date of the claimed invention, to contemplate the sections of the plurality of
`
`grooves of Stigwall as modified by Ookawa with the limitation “wherein each of sections
`
`of the plurality of grooves in the diffusion plate is configured of four curved groove
`
`slopes including a first groove slope, a second groove slope, a third groove slope, anda
`
`fourth groove slope, and the adjacent groove slopes are connected to each other at a
`
`connection point suchthat inclination angles are approximately equal to each other’,
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 13
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`since it has been held that the selection of a known material based on its suitability for
`
`its intended use supported a prima facie obviousness determination. See MPEP
`
`2144.07. The plurality of grooves of Ookawa may be wavy([0045]) and the groovesof
`
`Stigwall already meetthe limitation above (see rejection above).
`
`It would be obvious to
`
`use the Stigwall type wavy groovesfor all of the grooves of Ookawa such that the
`
`limitation “wherein each of the sections” is met.
`
`As to claim 5, Stigwall discloses wherein a groove, among the plurality of
`
`grooves(see fig. 34) in the diffusion plate (34), has a recessed shape configured of the
`
`second groove slope and the third groove slope connected to the second groove slope
`
`at a third connection point (see drawing above), a first projecting shape formed by the
`
`first groove slope connected to the second groove slope at a second connection point
`
`(see drawing above), a second projecting shape formed by the fourth groove slope
`
`connectedto the third groove slope at a fourth connection point (see drawing above),
`
`and a height of at least one ofthe first projecting shape or the second projecting shape
`
`is larger than or equal (equal since this is a sine-wave; [0026]) to a height of the
`
`recessed shape formed by the second groove slope and the third groove slope (The
`
`groove pattern is a sine-wavesoit will meetall the limitations of claim 5 with the height
`
`limitation; See drawing above; [0038]; Sine-waveso heights will be the same.).
`
`Regarding claim 6, Stigwall discloses wherein a groove, among the plurality of
`
`groovesin the diffusion plate, has a recessed shape configured of the second groove
`
`slope and the third groove slope connected to the second groove slope ata third
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 14
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`connection point, a first projecting shape formedbythe first groove slope connected to
`
`the second groove slope at a second connection point, and a second projecting shape
`
`formed by the fourth groove slope connectedto the third groove slope at a fourth
`
`connection point (see drawing above), except for a height of the first groove slope from
`
`the second groove slope connected at the second connection point is larger than a
`
`height of the fourth groove slope from the third groove slope connected at the fourth
`
`connection point, and a height of a groove slope close to a middle of the diffusion plate
`
`is larger than a height of a groove slope close to a peripheryof the diffusion plate.
`
`Stigwall teachesthe plurality of grooves in the diffusion plate, a recessed shape,
`
`a first projecting shape, a second projecting shape (see above) ([0039] varying
`
`amplitude; claim 7 and 8). Additionally, the applicant’s disclosure does not establish
`
`any new and unexpected result for the limitation “a height of the first groove slope from
`
`the second groove slope connected at the second connection point is larger than a
`
`height of the fourth groove slope from the third groove slope connected at the fourth
`
`connection point, and a height of a groove slope close to a middle of the diffusion plate
`
`is larger than a height of a groove slope close to a periphery of the diffusion plate”.
`
`It
`
`would have been obvious to one of ordinary skill, in the art, before the effectivefiling
`
`date of the claimed invention, to contemplate the plurality of grooves in the diffusion
`
`plate of Stigwall as modified by Hiroyuki with the limitation “a height of the first groove
`
`slope from the second groove slope connected at the second connection point is larger
`
`than a height of the fourth groove slope from the third groove slope connected at the
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`fourth connection point, and a height of a groove slope close to a middle of the diffusion
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`plate is larger than a height of a groove slope close to a periphery of the diffusion plate”
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
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`Page 15
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`through design choice, since it has been held that where the general conditions of a
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`claim are disclosed in the prior art, choosing aesthetic design choices involves only
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`routine skill in the art. (See MPEP 2144.04I).
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`As to claim 7, Stigwall discloses wherein a groove, among the plurality of
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`grooves (see grooves in 34) in the diffusion plate (34), has a recessed shape
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`configured of the second groove slope and the third groove slope connected to the
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`second groove slope at a third connection point (see drawings above), a first projecting
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`shape formedbythe first groove slope connected to the second groove slope ata
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`second connection point (see drawings above), and a second projecting shape formed
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`by the fourth groove slope connectedto the third groove slope at a fourth connection
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`point (see drawings above), an inclination angle at the second connection point
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`between the second groove slope and the first groove slope is equal (The limitation is
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`met as equal.) to or smaller than an inclination angle at the fourth connection point
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`between the third groove slope and the fourth groove slope (see drawing above), and
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`an inclination angle close to a middle of the diffusion plate is equal to (The limitation is
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`met as equal. See fig. 5B) or smaller than an inclination angle close to a periphery of
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`the diffusion plate (see drawing above).
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`As to claim 8, Stigwall discloses wherein a shape of each of the groove slopesis
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`aspheric in a section of each of the plurality of grooves in the diffusion plate ([0025] and
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`[0026] sine-wave; a-cylindrical).
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 16
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`Regarding claim 9, Stigwall discloses the invention as disclosed above exceptfor
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`the plurality of grooves in the diffusion plate are arranged suchthat a groove pitch is 0.1
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`mm or more without a clearance.
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`Ookawateachesthe plurality of groovesin the diffusion plate are arranged such
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`that a groovepitch is 0.1 mm or more ([0045] 150 microns or 100 microns) without a
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`clearance (Fig. 2).
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`Therefore, it would have been obvious to one of ordinary skill, in the art, before
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`the effective filing date of the claimed invention, to use Pitch as taught by Ookawafor
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`the Pitch as disclosed by Stigwall, Hiroyuki and Ookawato utilize for the same reasons
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`as found in claim 2.
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`Regarding claim 10, Stigwall discloses the invention as disclosed above except
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`for wherein a thicknessof the diffusion plate is 0.2 mm or more.
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`Ookawa teaches wherein a thicknessof the diffusion plate is 0.2 mm or more
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`([0051] transparent substrate to is 500m so addin thickness 1 and 1’ and 3 and 4 and
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`one is still in the range of thickness).
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`Therefore, it would have been obvious to one of ordinary skill, in the art, before
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`the effective filing date of the claimed invention, to use diffusion plate thickness as
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`taught by Ookawafor the diffusion plate thickness as disclosed by Stigwall to utilize
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`simple substitution of one diffusion plate thickness for another to obtain predictable
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`results.
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 17
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`As to claim 11, Stigwall wherein each of shapesof the plurality of grooves in the
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`diffusion plate is an extrusion shape which has a uniform section (see fig. 5a; The
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`shapeis certainly capable of be extruded. Each groove has a uniform section)
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`(Limitation “extrusion” has been considered but not given any patentable weight. "Even
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`though product-by-processclaims are limited by and defined by the process,
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`determination of patentability is based on the productitself. The patentability of a
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`product does not depend on its method of production.
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`If the product in the product-by-
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`process claim is the same as or obvious from a productof the prior art, the claim is
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`unpatentable even though the prior product was made bya different process." In re
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`Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).).
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`Regarding claim 12, Stigwall discloses the invention as disclosed above except
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`for wherein the plurality of grooves are disposed in each of the incidence surface and
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`the emission surface of the diffusion plate, and a groove direction of the plurality of
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`groovesin the incidence surface and a groove direction of the plurality of grooves in the
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`emission surface are orthogonal to each other.
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`Ookawateaches wherein the plurality of grooves (Fig. 2 and 11; see grooves top
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`and bottom;) are disposed in each of the incidence surface and the emission surface of
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`the diffusion plate (Fig. 2 and 11; both-sided prism sheet; [0046]), and a groove
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`direction of the plurality of grooves in the incidence surface and a groove direction of the
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`plurality of grooves in the emission surface are orthogonalto ([0046]; [0069]) each other
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`(21).
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 18
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`Therefore, it would have been obvious to one of ordinary skill, in the art, before
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`the effective filing date of the claimed invention, to use the prism sheet as taught by
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`Ookawafor the diffusion plate as disclosed by Stigwall to utilize simple substitution of
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`one diffusion plate with grooves for another to obtain predictable results (Fig. 11; [0020])
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`and/or for enhancing luminance ([0001)).
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`Regarding claim 13, Stigwall discloses the invention as disclosed above except
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`for the incident surface is larger than or equal to the emission surface in a ratio of a
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`groove depth to a groovepitch for the grooves in the diffusion plate.
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`Ookawateachesthe incident surface is larger than or equal (equal) to the
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`emission surface in a ratio of a groove depth to a groovepitch for the grooves in the
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`diffusion plate (see fig. 2 and 11; 21;
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`the ratios are equal. [0045] pitch; [0045)).
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`Therefore, it would have been obvious to one of ordinary skill, in the art, before
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`the effective filing date of the claimed invention, to use diffusion plate as taught by
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`Ookawafor the diffusion plate as disclosed by Stigwall