`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
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`CONF {MATION NO.
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`12/853,412
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`08/10/2010
`
`Michihide SHIBATA
`
`1497.51002X00
`
`5808
`
`20457
`
`7590
`
`09/20/2012
`
`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`QUASH, ANTHONY G
`
`2871
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`MAIL DATE
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`09/20/2012
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`

`

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`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 12/853,412 SHIBATA ET AL.
`Examiner
`Art Unit
`
`ANTHONY G. QUASH
`
`2871
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)|Zl Responsive to communication(s) filed on 27 June 2012.
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`2a)IZI This action is FINAL.
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`2b)|:l This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZ Claim(s) 1-18is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)|:| Claim(s) _ is/are allowed.
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`7)|Xl Claim(s) 1-_18 is/are rejected.
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`8)|:| Claim(s) _ is/are objected to.
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`9)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)I:| The drawing(s) filed on _ 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|:| AII
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`b)|:l Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) I] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`U.S. Patent and Trademark Office
`
`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I NOTICQ 0f Informal Patent Application
`6)I:I Other:—
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20120913
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`

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`Application/Control Number: 12/853,412
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`Page 2
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`Art Unit: 2871
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`DETAILED ACTION
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`Response to Amendment
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`1.
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`Applicants’ amendment filed 06/27/2012, has overcome the objections to the
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`abstract, and the claims, listed in the previous office action dated 03/27/2012.
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`Response to Arguments
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`2.
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`Applicant’s arguments with respect to claims 1-12 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Claim Objections
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`3.
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`Claims 1, 5, 9, 13-18 are object to for stating that the cutaway portions have “an
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`opening” which faces a corresponding one the light emitting diodes in an opposed
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`manner. The specification does not explicitly refer/mention “an opening” in the cutaway
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`portions. Therefore, for the purpose of examination the term “opening" has been
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`interpreted/treated as meaning an empty space between two structures.
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`Claim Rejections - 35 USC § 102
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`4.
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`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:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`
`

`

`Application/Control Number: 12/853,412
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`Page 3
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`Art Unit: 2871
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`only if the international application designated the United States and was published under Article 21 (2)
`of such treaty in the English language.
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`5.
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`Claims 1-2, 5-6, 9-10 are rejected under 35 U.S.C. 102(e) as being anticipated
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`by US 2009/0296423 A1 to Kim et al., hereinafter referred to as Kim.
`
`Regarding claim 1, Kim discloses a backlight assembly and display device
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`having the same (title) and further discloses a liquid crystal display panel (90 fig. 8,
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`paras. 0005, 0074), and a backlight (31 figs. 2, 8 below) which illuminates the liquid
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`crystal display panel (90, best seen in fig. 8), wherein the backlight includes a light
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`guide plate (10 figs. 2, 8), a plurality of light emitting diodes (31 figs. 2, 8, para. 0061)
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`which are arranged on a side portion of the light guide plate (10 figs. 2, 8, para. 0061),
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`and an optical sheet member (50, 51, figs. 2, 8) which is arranged between the light
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`guide plate and the liquid crystal display panel and which has a light diffusion property
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`or a light condensing property (paras. 0072-0073), a plurality of cutaway portions (fig. 2
`
`see below) being formed on a side wall of the optical sheet member in the vicinity of the
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`light emitting diodes (31 fig. 2; para. 0061), the light emitting diodes are arranged to
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`extend facing a side wall (figs. 2, 8 below) of the light guide plate (10 figs. 2, 8) and the
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`cutaway portions are respectively arranged along the side wall of the optical sheet
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`member to extend adjacent to the side wall of the light guide plate which the light
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`emitting diodes are arranged along, wherein each of the cutaway portions has an
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`opening (see figs. 2 below) which faces a corresponding one of the light emitting diodes
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`in an opposed manner (figs. 2, 4, and 8 show this aspect).
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`

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`Application/Control Number: 12/853,412
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`Page 4
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`Art Unit: 2871
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`F
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`M;G‘
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`

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`Application/Control Number: 12/853,412
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`Page 5
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`Art Unit: 2871
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`FIG.8
`
`
`
` ,
`
`w
`'05
`
`.3
`55
`
`.,
`,
`r
`53 5'1
`5%
`
`i
`l
`ii
`,1
`x
`'1 ‘i
`i 3
`15‘
`N—Y—I
`10
`
`Regarding claim 5, Kim discloses a backlight assembly and display device
`
`having the same (title) and further discloses a liquid crystal display panel(90 fig. 8,
`
`paras. 0005, 0074), and a backlight (31 figs. 2, 8 above) which illuminates the liquid
`
`crystal display panel (90, best seen in fig. 8 above), wherein the backlight includes a
`
`light guide plate (10 figs. 2, 8), a plurality of light emitting diodes (31 figs. 2, 8, para.
`
`0061) which are arranged on a side portion of the light guide plate (10 figs. 2, 8, para.
`
`0061), and an optical sheet member (50, 51, figs. 2, 8) which is arranged between the
`
`light guide plate and the liquid crystal display panel and which has a light diffusion
`
`property or a light condensing property (paras. 0072-0073), and a plurality of cutaway
`
`portions (fig. 2 see above) are formed on a side wall of the optical sheet member in the
`
`

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`Application/Control Number: 12/853,412
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`Page 6
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`Art Unit: 2871
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`vicinity of the light emitting diodes and outside a display region (see fig. 2 above; The
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`thick part of 70 will cover 30 which will cover 52, therefore the side walls referred and
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`light emitting diodes will be outside the display region), the light emitting diodes are
`
`arranged to extend facing a side wall (figs. 2, 8 above) of the light guide plate (10 figs.
`
`2, 8) and the cutaway portions are respectively arranged along the side wall of the
`
`optical sheet member to extend adjacent to the side wall of the light guide plate which
`
`the light emitting diodes are arranged along, wherein each of the cutaway portions has
`
`an opening (see figs. 2 above) which faces a corresponding one of the light emitting
`
`diodes in an opposed manner (figs. 2, 4, and 8 show this aspect).
`
`Regarding claim 9, Kim discloses a backlight assembly and display device
`
`having the same (title) and further discloses a liquid crystal display panel(90 fig. 8,
`
`paras. 0005, 0074), and a backlight (31 figs. 2, 8 above) which illuminates the liquid
`
`crystal display panel (90, best seen in fig. 8 above), wherein the backlight includes a
`
`light guide plate (10 figs. 2, 8), a plurality of light emitting diodes (31 figs. 2, 8, para.
`
`0061) which are arranged on a side portion of the light guide plate (10 figs. 2, 8, para.
`
`0061), and an optical sheet member (50, 51 figs. 2, 8) which is arranged between the
`
`light guide plate and the liquid crystal display panel and which has a light diffusion
`
`property or a light condensing property (paras. 0072-0073), and a plurality of cutaway
`
`portions (fig. 2 see above) are formed on a side wall of the optical sheet member in the
`
`vicinity of the light emitting diodes and outside a display region (see fig. 2 above; The
`
`thick part of 70 will cover 30 which will cover 52, therefore the side walls referred and
`
`light emitting diodes will be outside the display region) of the liquid crystal display panel
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`

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`Application/Control Number: 12/853,412
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`Page 7
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`Art Unit: 2871
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`(90 fig. 8), where the optical sheet member (51 figs. 2, 8) does not overlap with the
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`liquid crystal display panel (90 fig. 8; Fig. 8 shows parts 52 of the optical member 50, 51
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`which are not overlapped with the liquid crystal display panel 90) the light emitting
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`diodes are arranged to extend facing a side wall (figs. 2, 8 above) of the light guide
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`plate (10 figs. 2, 8) and the cutaway portions are respectively arranged along the side
`
`wall of the optical sheet member to extend adjacent to the side wall of the light guide
`
`plate which the light emitting diodes are arranged along, wherein each of the cutaway
`
`portions has an opening (see figs. 2 above) which faces a corresponding one of the light
`
`emitting diodes in an opposed manner (figs. 2, 4, and 8 show this aspect).
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`Regarding claims 2, 6, 10, Kim discloses the optical sheet member (50 fig. 2)
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`being comprised of plurality of stacked sheets (51, 53, 55 figs. 2, 8), and the sheet (50
`
`fig. 2) being each comprised of a sheet (51, fig. 2) including the cutaway portions (52
`
`fig. 2) on a side thereof facing the light emitting diodes (31 fig. 2) and a sheet (53, 55 fig.
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`2) having no cutaway portions on a side thereof facing the light emitting diodes (31, fig.
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`2).
`
`Claim Rejections - 35 USC § 103
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`6.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`

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`Application/Control Number: 12/853,412
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`Page 8
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`Art Unit: 2871
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`7.
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`Claims 3, 7, 11, 13-15 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over US 2009/0296423 A1 to Kim et al., hereinafter referred to as Kim,
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`in
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`view of JP 2005-251687 to Yoshida et al., hereinafter referred to as Yoshida.
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`Regarding claims 3, 7, 11, Kim teaches the invention as shown above but lacks
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`the explicit teaching of the optical sheet member being comprised of a plurality of
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`stacked sheets, and a cutaway portion being formed on a side of all of the stacked
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`sheets which faces the light emitting diodes.
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`Yoshida teaches a surface lighting device (title) and further teaches the optical
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`sheet member being comprised of a plurality of stacked sheets (7, 8, 9 drawing 1), and
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`a cutaway portion (1 0 drawing 1) being formed on a side of all of the stacked sheets (7,
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`8, 9 drawing) which faces the light emitting diodes (2 drawing 1).
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`

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`Application/Control Number: 12/853,412
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`Page 9
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`Art Unit: 2871
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`
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`Therefore it would have been obvious to one of ordinary skill in the art to modify
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`a backlight assembly and display device of Kim so as to have the optical sheet member
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`be comprised of a plurality of stacked sheets, and a cutaway portion being formed on a
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`side of all of the stacked sheets which faces the light emitting diodes as suggested by
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`Yoshida in order to capture reflected light and increase the brightness of the display.
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`

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`Application/Control Number: 12/853,412
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`Page 10
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`Art Unit: 2871
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`Regarding claims 13-15, Kim teaches the invention as shown above but lacks the
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`explicit teaching of the openings being elliptical in shape.
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`Yoshida teaches a surface lighting device (title) and further teaches the openings
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`being elliptical in shape (para. 0020).
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`Therefore it would have been obvious to one of ordinary skill in the art to modify
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`a backlight assembly and display device of Kim so as to have the openings being
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`elliptical in shape as suggested by Yoshida in order to capture reflected light and
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`increase the uniformity of the brightness of the of the display.
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`It also would have been
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`obvious to one of ordinary skill in the art at the time the invention as made to have the
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`openings being elliptical in shape, since such a modification would have involved a
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`mere change in the shape of a component. A change in shape is generally recognized
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`as being within the level of ordinary skill in the art.
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`8.
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`Claims 4, 8, 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`US 2009/0296423 A1 to Kim et al., hereinafter referred to as Kim, in view of JP 2005-
`
`251687 to Yoshida et al., hereinafter referred to as Yoshida as applied to claims 3, 7,
`
`and 11 respectively above, and further in view of US 2010/0328579 A1 to Shim et al.,
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`hereinafter referred to as Shim.
`
`Regarding claims 4, 8, 12, Kim teaches the invention as shown above but lacks
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`the explicit teaching of the cutaway portions formed on the respective sheets of the
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`stacked sheets differing from each other in size or position for every sheet.
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`

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`Application/Control Number: 12/853,412
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`Page 11
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`Art Unit: 2871
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`Shim teaches an optical element, and backlight unit and liquid crystal display
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`including the same (title) and further teaches that it was known to adjust the size and
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`population of the cutaway portions formed on a sheet (para. 0020 lines 5-8).
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`Therefore it would have been obvious to one of ordinary skill in the art to modify
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`a backlight assembly and display device of Kim so as to have the cutaway portions
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`formed on the respective sheets of the stacked sheets differing from each other in size
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`or position for every sheet as suggested by Shim in order to allow one to produce
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`desired values of luminance and haze.
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`9.
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`Claims 16-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`US 2009/0296423 A1 to Kim et al., hereinafter referred to as Kim, in view of US
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`2006/0245210 A1 to Lin et al., hereinafter referred to as Lin.
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`Regarding claims 16-18, Kim teaches the invention as shown above but lacks the
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`explicit teaching of the openings being configured to receive light emitted from the light
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`emitting diodes and to spread said light uniformly.
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`Lin teaches a backlight module and liquid crystal display having the same (title)
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`and further teaches that it was known that openings in a diffusing element (abstract) can
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`be configured to receive light emitted from the light emitting diodes (para. 0018) and to
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`spread said light uniformly (abstract, para. 0021 ).
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`Therefore it would have been obvious to one of ordinary skill in the art to modify
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`a backlight assembly and display device of Kim so as to have the openings being
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`configured to receive light emitted from the light emitting diodes and to spread said light
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`uniformly as suggested by Lin in order to reduce the occurrence of hotspots.
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`

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`Application/Control Number: 12/853,412
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`Page 12
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`Art Unit: 2871
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`Conclusion
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`10.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANTHONY G. QUASH whose telephone number is
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`(571)272-8829. The examiner can normally be reached on Monday - Friday 9:00 am -
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`5:00 pm EST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Edward J. Glick can be reached on 571-272—2490. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 12/853,412
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`Page 13
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`Art Unit: 2871
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1000.
`
`/A. G. Q./
`
`Examiner, Art Unit 2871
`
`/Lauren Nguyen/
`Primary Examiner, Art Unit 2871
`
`