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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
`
`16/780,002
`
`02/03/2020
`
`Tomoharu NOTOSHI
`
`20295 .0065US01
`
`5482
`
`HAY
`
`M
`
`TLER!
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`QURESHI, MARIAM
`
`2871
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/12/2021
`
`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):
`PTOMail @hsml.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 6-12 and 14-16 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 1-5,13 and 17 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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:/Awww.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)M The drawing(s) filed on 2/3/20 is/are: a)M 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)[¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)) All
`1.4) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 2/3/20.
`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 20210107
`
`Application No.
`Applicant(s)
`16/780,002
`NOTOSHIetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MARIAM QURESHI
`2871
`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 12/31/20.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))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: 16/780,002
`Art Unit: 2871
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The presentapplication, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Election/Restrictions
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`Applicant’s election of SpeciesI, claims 1-4, 5, 13, and 17 in the reply filed on 12/31/20 is
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`acknowledged. Because applicant did not distinctly and specifically point out the supposederrors in the
`
`restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01 (a)).
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for
`
`the rejections under this section made in this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al (US
`
`Publication No.: US 2019/0265549 A1, “Chen”).
`
`Regarding Claim 1, Chen disclosesa lighting device (Figures 1-4) comprising:
`
`A light source module having a plurality of light-emitting elements arranged two-dimensionally
`
`(Figure 4, light-emitting elements 110;
`
`A uniform luminance layer disposed on a light emission side of the light source module (Figure 4,
`
`uniform luminance layer 130),
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`A first diffusion layer disposed between the light source module and the uniform luminance layer
`
`(Figure 4, first diffusion layer 140),
`
`Wherein the uniform luminance layer has a higher light transmittance as a distance from a point
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`intersecting with an optical axis of each of the plurality of light-emitting elements increases (Figure 1-4,
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`uniform luminance layer has openings 132 for light transmittance, where the openings increase with a
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`

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`Application/Control Number: 16/780,002
`Art Unit: 2871
`
`Page 3
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`distance from a point intersecting with an optical axis of each of the light-emitting elements, thereby
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`increasing light transmittance with distance as well).
`
`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 andthe 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 1-3, 13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Sumitani (US Publication No.: US 2012/0218752 A1) in view of Park (US Publication No.: US
`
`2019/0171066 A1).
`
`Regarding Claim 1, Sumitani disclosesa lighting device (Figures 1-7} comprising:
`
`A light source module having a plurality of light-emitting elements arranged two-dimensionally
`
`(Figure 3, light-emitting elements 20);
`
`A uniform luminance layer disposed on a light emission side of the light source module (Figure 3,
`
`uniform luminance layer 50),
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`A first diffusion layer (Figure 3, first diffusion layer 70),
`
`Wherein the uniform luminance layer has a higher light transmittance as a distance from a point
`
`intersecting with an optical axis of each of the plurality of light-emitting elements increases (Figures 6-7;
`
`Paragraphs 0107-0109).
`
`Sumitani fails to disclose that the first diffusion layer is disposed between the light source module
`
`and the uniform luminance layer.
`
`However, Park discloses a similar device wherethe first diffusion layer is disposed between the
`
`light source module and the uniform luminance layer (Park, Figure 2, first diffusion layer 250 is disposed
`
`between uniform luminance layer 260 and light source module 220).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
`
`invention to modify the device as disclosed by Sumitani to have the diffusion layer disposed between the
`
`

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`Application/Control Number: 16/780,002
`Art Unit: 2871
`
`Page 4
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`light source module and the uniform luminance layer as disclosed by Park. One would have been
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`motivated to do so for the purpose of reducing a hot-spot phenomenon thereby improving light
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`transmittance quality (Park, Paragraph 0079).
`
`Regarding Claim 2, Sumitani in view of Park discloses the lighting device according to claim 1,
`
`further comprising a reflective layer disposed on a light source module side of the uniform luminance
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`layer and having a reflective surface that reflects light emitted from the plurality of light-emitting elements
`
`(Sumitani, Figure 2, reflective layer 60; Paragraph 0114), wherein
`
`The uniform luminance layer haslight reflectivity at least on a surface on the light source module
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`side (Sumitani, Figure 2, uniform luminance layer haslight reflectivity at least at portions where reflective
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`layer 60 is disposed; Paragraph 0106),
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`The uniform luminance layer is provided with a plurality of pores wherelight emitted from the
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`plurality of light-emitting elements passes respectively (Sumitani, Figure 2, pores 52), and
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`The plurality of pores are configured to increasethe light transmittance as the distance from the
`
`point intersecting with the optical axis of the plurality of light-emitting elements increases (Sumitani,
`
`Figure 6 discloses that the area of the pores 52 increases with distance, thereby increasing light
`
`transmittance; Paragraph 0107-0109).
`
`Regarding Claim 3, Sumitani in view of Park discloses the lighting device according to claim 2,
`
`wherein the reflective surface of the reflective layer is located closer to the uniform luminance layer than
`
`the light emitting surface of the plurality oflight-emitting elements (Sumitani, Figure 2, reflective layer 60
`
`is disposed closer to the uniform luminance layer 50 than the plurality oflight-emitting elements 20), and
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`The first diffusion layer is support by the reflective layer (Sumitani, Figure 2, first diffusion layer 70
`
`is disposed on the reflective layer 60).
`
`Regarding Claim 13, Sumitani in view of Park discloses the lighting device according to claim 1,
`
`wherein eachof the plurality of light-emitting elements emit white light (Sumitani, Paragraph 0101).
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`

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`Application/Control Number: 16/780,002
`Art Unit: 2871
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`Page 5
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`Regarding Claim 17, Sumitani in view of Park discloses a liquid crystal display apparatus
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`(Sumitani, Figure 3), comprising:
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`The lighting device according to claim 1 (Sumitani, Figures 1-7); and
`
`A liquid crystal display panel disposed on a light emission side of the lighting device (Sumitani,
`
`Figure 3, liquid crystal display panel 200; Paragraph 0143).
`
`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sumitani in view of
`
`Park in further view of Chen.
`
`Regarding Claim 4, Sumitani in view of Park discloses the light device according to claim 2.
`
`Sumitani fails to disclose a second diffusion layer disposed on an opposite side of the uniform
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`luminance layer from the first diffusion layer side.
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`However, Chen discloses a similar device comprising a second diffusion layer disposed on an
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`opposite side of the uniform luminance layer from the first diffusion layer side (Chen, Figure4, first
`
`diffusion layer 140, uniform luminance layer 130, second diffusion layer 150).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling of the
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`invention to modify the device as disclosed by Sumitani to include a seconddiffusion layer as disclosed
`
`by Chen. One would have been motivated to do so for the purposeof further improving uniformityof light
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`(Chen, Paragraph 0047).
`
`Regarding Claim 5, Sumitani in view of Park and Chen disclosesthe lighting device according to
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`claim 4.
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`Sumitani fails to disclose that the reflective layer and the first diffusion layer are bonded with a
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`first adhesive layer, the first diffusion layer and the uniform luminance layer are bonded with a second
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`adhesive layer, and the uniform luminance layer and the second diffusion layer are bondedwith a third
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`adhesive.
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`However, Chen discloses a similar device where the reflective layer andthe first diffusion layer
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`are bondedwith a first adhesive layer, the first diffusion layer and the uniform luminance layer are bonded
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`with a second adhesive layer, and the uniform luminance layer and the second diffusion layer are bonded
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`

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`Application/Control Number: 16/780,002
`Art Unit: 2871
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`Page 6
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`with a third adhesive (Chen, Figure 4, the reflective layer 120 is bonded to the first diffusion layer 140 via
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`adhesive 168, and the first diffusion layer 140 is bonded to the uniform luminance layer 130 via first
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`adhesive layer 164, and the uniform luminance layer 130 is bondedto the second diffusion layer 150 via
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`adhesive layer 166).
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`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the
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`invention to modify the device as disclosed by Sumitani to include adhesives as disclosed by Chen. One
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`would have been motivated to do so for the purpose of reducing gaps between elements thereby thinning
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`the backlight module (Chen, Paragraph 0048).
`
`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to MARIAM QURESHI whosetelephone number is (571)272-4434. The examiner can
`
`normally be reached on 9AM-5PM EST M-F.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-basedcollaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Michael Caley can be reached on 571-272-2286. The fax phone number for the organization wherethis
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`application or proceeding is assigned is 571-273-8300.
`
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`
`

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`Application/Control Number: 16/780,002
`Art Unit: 2871
`
`Page 7
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`/MARIAM QURESHI/
`Examiner, Art Unit 2871
`
`