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`
`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
`
`werent
`
`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
`
`04/07/2021
`
`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)
`
`

`

`
`
`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 01/19/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 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\0) 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.
`
`Disposition of Claims*
`1-22 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 1-22 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} 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)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 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 receivedin 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)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date10/19/20and3/30/21.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210331
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 2
`
`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 01/19/2021 has been entered and
`
`acknowledged by the Examiner.
`
`In the instant applications, claims 1-22 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.
`
`Claims 21 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-
`
`AIA), first paragraph, as failing to comply with the written description requirement. The
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 3
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`claim(s) contains subject matter which was not 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 applications subject to pre-AlA 35 U.S.C. 112, the inventor(s), at the time
`
`the application wasfiled, had possession of the claimed invention. The Applicant
`
`asserts that these limitations are found in [0114] and Fig. 7A. The Examiner notes that
`
`these limitations of claims 21 and 22 are not found in the disclosure. There is no
`
`disclosure that has a protruding incidence surface also with a convex emission surface.
`
`Nor is there an embodimentwith two lengths as is required in 21 and 22 as they are
`
`dependent from 19 and 20.
`
`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 21 and 22 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-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`Claims 19 and 20 from which 21 and 22 are dependent from respectively recite
`
`“the length direction is the first direction”. Claims 21 and 22 however recite that “a length
`
`direction is the second direction”. So the “length direction” is two different directions
`
`which is unclear and indefinite.
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`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 4
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`For the purpose of examination, the recitation in claim 21 line 1 of “Claim 19”will
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`be interpreted as “claim 1”.
`
`For the purpose of examination, the recitation in claim 22 line 1 of “Claim 20”will
`
`be interpreted as “claim 2”.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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.
`
`Claims 1 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Stigwall (US Pub.2017/0123218) in view of and Ookawaet al. (US Pub.
`
`2004/0075897).
`
`As to claim 1, 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 includes an incidence surface and a 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 diffusion plate (34), and a housing (The housing is shownin fig.
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`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 5
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`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 (b) a/the convex emission surface;
`
`(a) a plurality of
`
`first linear grooves formedinafirst direction on the incidence surface andaplurality 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 perpendicularto
`
`each other.
`
`(a) Ookawateachesa plurality of first linear grooves formedin a first 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 diffusion plate (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 and Y directions 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
`
`Ookawafor diffusion 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]).
`
`(b) Stigwall discloses a planar emission surface with grooves(Fig. 5b left surface
`
`of 34) and Ookawadiscloses a planar emission surface with grooves(Fig. 2 top
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 6
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`surface).
`
`It would have been obvious to one of ordinaryskill, in the art, before the
`
`effective filing date of the claimed invention, to contemplate the emission surface of
`
`Stigwall as modified by Ookawawith the limitation “a/the convex emission surface”
`
`through the rationale of approaching ranges, since it has been held that a case of
`
`obviousness exists where the claimed ranges or amounts do not overlap with the prior
`
`art but are merely close (See MPEP 2144.05 |) and a prima facie case of obviousness
`
`exists where the claimed ranges andprior art ranges do not overlap but are close
`
`enough that one skilled in the art would have expected them to have the same
`
`properties (See MPEP 2144.05 I). Using the equation p=1/K where p equals the radius
`
`of curvature and k is the curvature.
`
`Imagine the convex emission surface to be an arc
`
`region of a cylinder circle or a portion of a sphere. For a flat plane emission surface p =
`
`ce andk =0. k for acircle is 1/a of radius a. A convex curvature emission surfacewill
`
`have k >0 and p < ». Letting the radius of curvature of each point of a concave
`
`emission surface be (% - 10 meters) whichis still a very large number. So the claimed
`
`ranges or amounts for the curved emission surface do not overlap with the prior art but
`
`are merely close and thus a prima facie case of obviousness exists because they are
`
`close enough that one skilled in the art would have expected them to have the same
`
`properties.
`
`Regarding claim 17, Stigwall discloses the invention as disclosed above except
`
`for a size of the opening of the housing is smaller than a size of an area in which the
`
`plurality of second linear grooves on the diffusion plate are formed.
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 7
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`Stigwall discloses a size of the opening of the housing (size of opening of 1 at 2;) anda
`
`size of an area in whichthe plurality of second linear grooves on the diffusion plate are
`
`formed (see Fig. 5b size of 34 emission grooves area) and Ookawateachesa size of an
`
`area in which the plurality of second linear grooves on the diffusion plate are formed
`
`(Fig. 2; lens portion of 3 essentially the area of 1 relaxation layer). Additionally, the
`
`applicant’s disclosure does not establish any new and unexpected result for the
`
`limitation “a size of the opening of the housing is smaller than a size of an area in which
`
`the plurality of second linear grooves on the diffusion plate are formed”.
`
`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 size of the opening of the housing andasize of
`
`an area in which the plurality of second linear grooves on the diffusion plate are formed
`
`as modified by Ookawawith the limitation “a size of the opening of the housing is
`
`smaller than a size of an area in which the plurality of second linear grooves on the
`
`diffusion plate are formed” through Changesin Size/Proportion, since it has been held
`
`that where the general conditions of a claim are disclosedin the prior art, choosing
`
`changesin size/proportion involvesonly routine skill in the art. (Gee MPEP 2144.04 IV
`
`A) and/or to reduce the amount oflight exiting the device as an aperture would do.
`
`Claim 2-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Stigqwall 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
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 8
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`emitting unit so can be usedin fig. 10); a collimating lens (36 collimation lens)
`
`comprising: a first surface on whichlight emitted 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 surface (see fig. 5b) disposed between the first surface and the second
`
`surface (see fig. 5); a diffusion plate (84 micro-lens array) which includes an incidence
`
`surface and a emission surface (see fig. 5), and on whichthe parallel light from the
`
`collimating lens (36) is incident (see fig. 5), a plurality of linear grooves (groovesin 34)
`
`are arranged in 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
`
`includes 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. 56 and 10;
`
`groovesof 34) in the diffusion plate (34) is emitted in an emitting direction (right to left)
`
`of the laser light source (11”) (
`
`

`

`Page 9
`
`Application/Control Number: 16/139,270
`
`Art Unit: 2875
`
`) except for (c) a/the convex emission surface; (a) a first total reflection surface whichis
`
`disposed at a location of the 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 second total reflection surface from the second surface; (b) wherein
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 10
`
`the diffusion plate includesa plurality of first linear grooves formedinafirst direction on
`
`the incidence surface and a plurality of second linear grooves formed in a second
`
`direction on (c) the convex (b) emission surface, wherein the first direction and the
`
`second direction are perpendicular to each other;.
`
`(a) Hiroyuki teaches a first total reflection surface (Fig. 3B; 1Aafirst mirror
`
`surface) which is disposed at a location of the second surface (bottom surface of 6
`
`collimating lens in Fig. 3(b)) opposite to the first surface (light incidence surface of 6
`
`collimating lens; [0065]) and reflects incident light from the first surface (light incident
`
`surface of 6); and a secondtotal reflection surface (1Ab; [0068]) which is disposed on
`
`the side surface (see fig. 3B), reflects light reflected by the first total reflection surface
`
`(1Aa), and makesthe reflected light into parallel light (L’ annular beam which are shown
`
`to be collimating. L’ is collimating), the collimating lens (6 collimating lens) 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 effective filing date of the claimed invention, to use collimator as taught by Hiroyuki
`
`for the collimator as disclosed by Stigwall to utilize simple substitution of one known
`
`collimator for another to obtain predictable results (Fig. 3B; [0065] and [0068)).
`
`(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)).
`
`(c) Stigwall discloses a planar emission surface with grooves (Fig. 5b left surface
`
`of 34) and Ookawadiscloses a planar emission surface with grooves(Fig. 2 top
`
`surface).
`
`It would have been obvious to one of ordinaryskill, in the art, before the
`
`effective filing date of the claimed invention, to contemplate the emission surface of
`
`Stigwall as modified by Hiroyuki and Ookawawith the limitation “a/the convex emission
`
`surface” through the rationale of approaching ranges, since it has been held that a case
`
`of obviousness exists where the claimed ranges or amounts do not overlap with the
`
`prior art but are merely close (See MPEP 2144.05 Il) and a prima facie case of
`
`obviousness exists where the claimed ranges and prior art ranges do not overlap but
`
`are close enough that one skilled in the art would have expected them to have the same
`
`properties (See MPEP 2144.05 I). Using the equation p=1/K where p equals the radius
`
`of curvature and k Is the curvature.
`
`Imagine the convex emission surface to be an arc
`
`region of a cylinder circle or a portion of a sphere. Fora flat plane emission surface p =
`
`ce andk =0. k for acircle is 1/a of radius a. A convex curvature emission surfacewill
`
`have kK >O0 andp < ~. Letting the radius of curvature of each point of a concave
`
`emission surface be ( - 10 meters) whichis still a very large number. So the claimed
`
`ranges or amounts for the curved emission surface do not overlap with the prior art but
`
`are merely close and thus a prima facie case of obviousness exists because they are
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 12
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`close enough that one skilled in the art would have expected them to have the same
`
`properties.
`
`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 teaches the 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
`
`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
`
`

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`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 13
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`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
`
`(See Fig. above).
`
`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 Ookawawith 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 ata
`
`connection point suchthat inclination angles are approximately equal to each other’,
`
`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
`
`

`

`Application/Control Number: 16/139,270
`Art Unit: 2875
`
`Page 14
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`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 suchthat 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
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`first groove slope connected to the second groove slope at a second connection point
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`(see drawing above), a second projecting shape formed by the fourth groove slope
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`connectedto the third groove slope at a fourth connection point (see drawing above),
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`and a height of at least one of the first projecting shape or the second projecting shape
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`is larger than or equal (equal since this is a sine-wave; [0026]) to a height of the
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`recessed shape formed by the second groove slope and the third groove slope (The
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`groove pattern is a sine-wavesoit will meetall the limitations of claim 5 with the height
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`limitation; See drawing above; [0038]; Sine-waveso heights will be the same.).
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`Regarding claim 6, Stigwall discloses wherein a groove, among the plurality of
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`groovesin the diffusion plate, has a recessed shape configured of the second groove
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`slope and the third groove slope connected to the second groove slope ata third
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`connection point, a first projecting shape formedbythe first groove slope connected to
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`the second groove slope at a second connection point, and a second projecting shape
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`Application/Control Number: 16/139,270
`Art Unit: 2875
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`Page 15
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`formed by the fourth groove slope connectedto the third groove slope at a fourth
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`connection point (see drawing above), exceptfor a height of the first groove slope from
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`the second groove slope connected at the second connection point is larger than a
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`height of the fourth groove slope from the third groove slope connected at the fourth
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`connection point, and a height of a groove slope close to a middle of the diffusion plate
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`is larger than a height of a groove slope close to a peripheryof the diffusion plate.
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`Stigwall teachesthe plurality of grooves in the diffusion plate, a recessed shape,
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`a first projecting shape, a second projecting shape (see above) ([0039] varying
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`amplitude; claim 7 and 8). Additionally, the applicant’s disclosure does not establish
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`any new and unexpected result for the limitation “a height of the first groove slope from
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`the second groove slope connected at the second connection point is larger than a
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`height of the fourth groove slope from the third groove slope connected at the fourth
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`connection point, and a height of a groove slope close to a middle of the diffusion plate
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`is larger than a height of a groove slope close to a periphery of the diffusion plate”.
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`It
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`would have been obvious to one of ordinary skill, in the art, before the effectivefiling
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`date of the claimed invention, to contemplate the plurality of grooves in the diffusion
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`plate of Stigwall as modified by Hiroyuki with the limitation “a height of the first groove
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`slope from the second groove slope connected at the second connection point is larger
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`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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`through design choice, since it has been held that where the general conditions of a
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`Application/Control Number: 16/139,270
`Art Unit: 2875
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`Page 16
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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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`Application/Control Number: 16/139,270
`Art Unit: 2875
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`Page 17
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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 groove pitch 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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`Application/Control Number: 16/139,270
`Art Unit: 2875
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`Page 18
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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