`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/602,761
`
`01/22/2015
`
`Hideharu KAWACHI
`
`FLPCP0182US
`
`6837
`
`05/31/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SONG, ZHENG B
`1621 EUCLID AVENUE
`19TH FLOOR
`
`PAPER NUMBER
`
`CLEVELAND, OH 44115
`
`2875
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/31/2018
`
`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):
`
`ipdocket @rennerott0.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/602,761 KAWACHI, HIDEHARU
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`ZHENG (JIMMY) SONG $2213 2875
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 1/31/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| 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.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1,2 and 4-15 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)|:I Claim(s)
`
`1 2 4 6 and 8-15 is/are rejected.
`7)|Z| Claim(s
`)
`8)IZI Claim(s)_,_5 7 is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/'/\WII‘IN.USOIO. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180424
`
`

`

`Application/Control Number: 14/602,76l
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`Page 2
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`Art Unit: 2875
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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`The amendment filed 1/31/2018 has been entered. Claims 1—2 and 4—15 are pending.
`
`The indicated allowability of claim 1 is withdrawn in view of the newly discovered
`
`reference(s) to Moon et al. (US 2012/0002427). Rejections based on the newly cited reference
`
`follows.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 USC. 103 which forms the basis for all obviousness
`
`rejections 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.
`
`Claims 1, 2, 4, 6, 8-11, and 14-15 are rejected under 35 USC. 103 as being unpatentable
`
`over Gaunce et al. (US 2007/0211452) (hereinafter Gaunce) in view of Moon et al. (US
`
`2012/0002427) (hereinafter Moon).
`
`Re claim 1: Gaunce teaches an illumination device, comprising: a plate—shaped light—
`
`transmitting member (110, fig. 6) having a light—transmitting region (112, para [0053], fig. 6); a
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`fixture (130, fig. 6) having a box shape (see fig. 5) with one open side (open side of 130 where
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`134 is inserted, see fig. 8), the fixture (130) being attached to the light—transmitting member
`
`

`

`Application/Control Number: 14/602,761
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`Page 3
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`Art Unit: 2875
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`(110) such that the open side (see fig. 6) faces the light—transmitting member (110); and a light
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`emitting module (136, fig. 6) inserted into the fixture (130), wherein the fixture (130) includes an
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`insertion opening (opening formed at bottom of 130 by 135a, fig. 6) formed on a surface (bottom
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`surface of 130, fig. 6) perpendicular to the open side (open side of 130 where 134 is inserted, see
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`fig. 8), the light emitting module (136, fig. 5) slidingly being inserted into the insertion opening
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`(136 being slid from lower opening by 135 into 130, fig. 6) in an insertion direction (see
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`annotated fig. 5) along the light—transmitting member (110), wherein the light emitting module
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`(136) further includes a planar light emitter (light bulb 136 shaped like a vertical plane, fig. 5)
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`haVing a light emission surface (surface of bulb 136, fig. 5) and a holder (137, fig. 5) configured
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`to hold (held in sockets, see para [0049]) the planar light emitter (136) and configured to engage
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`with the fixture (136) such that the light emission surface (surface of 136) overlaps (positioned
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`over light bulbs 136, para [0053]) with the light—transmitting region (112).
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`

`

`Application/Control Number: 14/602,761
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`Page 4
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`Art Unit: 2875
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`Annotaieti Fig, 53
`
`However, Gaunce fails to teach the holder protrudes in the insertion direction of the light
`
`emitting module beyond a contour of the planar light emitter, so that the planar light emitter is
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`prevented from colliding with the fixture, wherein the planar light emitter and the holder are
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`stacked in a direction perpendicular to the insertion direction of the lighting emitting module
`
`being inserted into the insertion opening, and wherein the fixture includes a flat plate portion
`
`

`

`Application/Control Number: 14/602,761
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`Page 5
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`Art Unit: 2875
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`which forms the opposite surface of the fixture from the open side and an elastically—deformable
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`salient portion protruding from the flat plate portion toward the open side.
`
`Moon teaches a holder (25a, 25b, fig. 1) protrudes in an insertion direction (lengthwise
`
`direction, fig. 1) of a light emitting module (20, fig. 1) beyond a contour of the planar light
`
`emitter (contour of 21, fig. 4), so that the planar light emitter (21) is prevented from colliding
`
`with the fixture (40, fig. 1), wherein the planar light emitter (21) and the holder (25a, 25b) are
`
`stacked (see fig. 3) in a direction (vertical direction, fig. 1) perpendicular to the insertion
`
`direction (lengthwise direction) of the lighting emitting module (21) being inserted into the
`
`insertion opening (opening of 40, fig. 1), and wherein the fixture (40) includes a flat plate portion
`
`(flat bottom portion of 40, fig. 1) (see fig. 4) which forms the opposite surface of the fixture (top
`
`surface of 40, fig. 1) from the open side and an elastically—deformable salient portion (42, 43, fig.
`
`4) (elasticity, see para [0064]) protruding from the flat plate portion (flat bottom portion of 40)
`
`toward the open side (upper open side of 40).
`
`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the holder protrudes in the insertion direction of the light emitting module beyond a contour of
`
`the planar light emitter, so that the planar light emitter is prevented from colliding with the
`
`fixture, the planar light emitter and the holder are stacked in a direction perpendicular to the
`
`insertion direction of the lighting emitting module being inserted into the insertion opening,
`
`and the fixture includes a flat plate portion which forms the opposite surface of the fixture from
`
`the open side and an elastically—deformable salient portion protruding from the flat plate portion
`
`

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`Application/Control Number: 14/602,761
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`Page 6
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`Art Unit: 2875
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`toward the open side, in order to provide increased illuminance and allow easy detachment of the
`
`light source.
`
`Re claim 2: Gaunce fails to teach the holder is provided on the opposite surface of the
`
`planar light emitter from the light emission surface and is larger in area than the contour of the
`
`planar light emitter.
`
`Moon teaches the holder (25a, 25b, fig. 4) is provided on the opposite surface (bottom
`
`surface, fig. 4) of the planar light emitter (21, fig. 4) from the light emission surface (top surface
`
`of 21, fig. 4) and is larger in area (contour of 25 is larger than 21, fig. 4) than the contour of the
`
`planar light emitter (contour of 21, fig. 4).
`
`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the holder is provided on the opposite surface of the planar light emitter from the light emission
`
`surface and is larger in area than the contour of the planar light emitter, in order to provide
`
`increased illuminance and allow easy detachment of the light source.
`
`Re claim 4: Gaunce fails to teach the holder includes a hole configured to engage with the
`
`salient portion.
`
`Moon teaches the holder (25a, 25b, fig. 4) includes a hole (h3, h4, fig. 4) configured to
`
`engage with the salient portion (v3, v4, fig. 4).
`
`

`

`Application/Control Number: 14/602,761
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`Page 7
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`Art Unit: 2875
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`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the holder includes a hole configured to engage with the salient portion, in order to provide
`
`increased illuminance and allow easy detachment of the light source.
`
`Re claim 6: Gaunce fails to teach the salient portion includes a slant surface slanted with
`
`respect to the insertion direction of the light emitting module.
`
`Moon teaches the salient portion (v3, v4, fig. 4) includes a slant surface (slanted surface
`
`of 51, fig. 4) with respect to the insertion direction (lengthwise direction, fig. 1) of the light
`
`emitting module (20).
`
`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the salient portion includes a slant surface slanted with respect to the insertion direction of the
`
`light emitting module, in order to provide increased illuminance and allow easy detachment of
`
`the light source.
`
`Re claim 8: Gaunce fails to teach the fixture includes a plate—shaped contact portion
`
`configured to forming a surface opposite to the insertion opening and configured to make contact
`
`with an end surface of the light emitting module, the insertion opening being larger in width than
`
`the contact portion.
`
`

`

`Application/Control Number: 14/602,761
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`Page 8
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`Art Unit: 2875
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`Moon teaches the fixture (40, fig. 1) includes a plate—shaped contact portion (v1, v2, fig.
`
`4) configured to forming a surface (surface v2, V3, fig. 4) opposite to the insertion opening
`
`(upper opening of 40, fig. 4) and configured to make contact with an end surface (bottom end
`
`surface of 25, fig. 4) of the light emitting module (21, 26, 25, fig. 4), the insertion opening (upper
`
`opening of 40) being larger in width (see fig. 4) than the contact portion (surface of v1, V2, fig.
`
`4).
`
`Therefore, in View of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the fixture includes a plate—shaped contact portion configured to forming a surface opposite to
`
`the insertion opening and configured to make contact with an end surface of the light emitting
`
`module, the insertion opening being larger in width than the contact portion, in order to provide
`
`increased illuminance and allow easy detachment of the light source.
`
`Re claim 9: Gaunce fails to teach the fixture includes a plate—shaped contact portion
`
`configured to form a surface opposite to the insertion opening and configured to make contact
`
`with an end surface of the light emitting module, the contact portion including a first opening.
`
`Moon teaches the fixture (40, fig. 1) includes a plate—shaped contact portion (v1, v2, fig.
`
`4) configured to form a surface (surface of v1, v2, fig. 4) opposite to the insertion opening (upper
`
`opening of 40, fig. 4) and configured to make contact with an end surface (bottom end surface of
`
`25, fig. 4) of the light emitting module (21, 26, 25, fig. 4), the contact portion (v1, v2) including
`
`a first opening (opening between v1, v2, fig. 4).
`
`

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`Application/Control Number: 14/602,761
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`Page 9
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`Art Unit: 2875
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`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the fixture includes a plate—shaped contact portion configured to form a surface opposite to the
`
`insertion opening and configured to make contact with an end surface of the light emitting
`
`module, the contact portion including a first opening, in order to provide increased illuminance
`
`and allow easy detachment of the light source.
`
`Re claim 10: Gaunce fails to teach the flat plate portion includes a second opening joined
`
`to the first opening.
`
`Moon teaches the flat plate portion (flat bottom portion of 40, fig. 1) (see fig. 4) includes
`
`a second opening (opening below v1, v2, fig. 4) joined to the first opening (opening between v1,
`
`v2, fig. 4).
`
`Therefore, in view of Moon, it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to substitute the holder, fixture, and light
`
`emitting module of Gaunce with the holder, fixture, and light emitting module of Moon where
`
`the flat plate portion includes a second opening joined to the first opening, in order to provide
`
`increased illuminance and allow easy detachment of the light source.
`
`Re claim 11: Gaunce teaches the light—transmitting member (110, fig. 6) further includes
`
`a mirror region (111, fig. 6) provided around the light—transmitting region (112, fig. 6) and
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`configured to reflect external light (see para [0053]).
`
`

`

`Application/Control Number: 14/602,76l
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`Page 10
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`Art Unit: 2875
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`Re claim 14: Gaunce teaches the fixture (130, fig. 7) is attached to the light—transmitting
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`member (110, fig. 7) at a position closer to an edge of the light—transmitting member (see fig. 7)
`
`than a center (center by 113, fig. 7) of the light—transmitting member (110) and the insertion
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`opening (bottom opening of 130, fig. 6) of the fixture (130) is provided at a position closer
`
`(opening of 130 closer to center of 111 than edge of 110, fig. 7) to the center of the light—
`
`transmitting member (110) than the edge of the light—transmitting member (edge of 110).
`
`Re claim 15: Gaunce teaches the insertion direction (see annotated fig. 5) of the light
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`emitting module (136, fig. 5) is parallel (see fig. 6) to the plate—shaped light—transmitting member
`
`(110, fig. 6).
`
`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gaunce et al. (US
`
`2007/0211452) in View of Moon et al. (US 2012/0002427) as applied to claim 11 above, and
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`further in View of Aoyama et al. (US 2012/0161116) (hereinafter Aoyama).
`
`Re claim 12: Gaunce in View of Moon fails to teach the planar light emitter includes a
`
`reflection electrode which reflects light, the light—transmitting region configured to transmit
`
`external light when the light emitting module is turned off and to transmit the external light
`
`reflected by the reflection electrode.
`
`Aoyama teaches the planar light emitter (100, fig. 3) includes a reflection electrode (111,
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`para [0041], fig. 2) which reflects light, the light—transmitting region (231, fig. 3) capable of
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`transmitting external light when the light emitting module (100) is turned off and to transmit the
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`external light reflected by the reflection electrode (111).
`
`

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`Application/Control Number: 14/602,761
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`Page 11
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`Art Unit: 2875
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`Therefore, in further view of Aoyama, it would have been obvious to one of ordinary
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`skill in the art before the effective filing date of the claimed invention to substitute the light
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`emitter of Gaunce with the planar light emitter including a reflection electrode which reflects
`
`light, such that the light—transmitting region configured to transmit external light when the light
`
`emitting module is turned off and to transmit the external light reflected by the reflection
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`electrode, in order to improve luminance and luminous efficiency.
`
`Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gaunce et al. (US
`
`2007/0211452) in view of Moon et al. (US 2012/0002427) as applied to claim 11 above, and
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`further in view of Tsai (US 2013/0026512).
`
`Re claim 13: Gaunce in view of Moon fails to teach the flat plate portion has a major
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`surface facing the light—transmitting member, the major surface being a mirror surface.
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`Tsai teaches a flat plate portion (40, fig. 6A) has a major surface (40) facing the light
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`transmitting member (20, fig. 6A), the major surface being a mirror surface (40, para [0032]).
`
`Therefore, in further view of Tsai, it would have been obvious to one of ordinary skill in
`
`the art before the effective filing date of the claimed invention to make the major surface of
`
`Gaunce a mirror surface, in order to increase the amount of light reflected thereby increasing
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`brightne ss.
`
`Response to Arguments
`
`Applicant’s arguments with respect to claim 1 have been considered but are moot
`
`because the arguments do not apply to any of the references being used in the current rejection.
`
`

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`Application/Control Number: 14/602,761
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`Page 12
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`Art Unit: 2875
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`Allowable Subject Matter
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`Claims 5 and 7 are objected to as being dependent upon a rejected base claim, but would
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`be allowable if rewritten in independent form including all of the limitations of the base claim
`
`and any intervening claims.
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`The following is a statement of reasons for the indication of allowable subject matter:
`
`The prior art taken as a Whole does not show nor suggest the flat plate portion includes a cutout
`
`formed in a portion of a periphery of the salient portion, the salient portion having a shape
`
`obtained by bending a portion of the flat plate portion with respect to claim 5; and the salient
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`portion further includes a vertical surface perpendicular to the insertion direction of the light
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`emitting module with respect to claim 7 as specifically called for in the claimed combinations.
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`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Ogino (JPH 078342) and Takahashi (WO 2004/064020) disclose a similar
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`illumination device.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ZHENG (JIMMY) SONG Whose telephone number is (571)272—
`
`9402 and fax number is (571)273—9402. The examiner can normally be reached on Monday—
`
`Friday 9:00AM — 6:00PM.
`
`Examiner interviews are available via telephone, in—person, and video conferencing using
`
`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`

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`Application/Control Number: 14/602,761
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`Page 13
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`Art Unit: 2875
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`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, Jong Suk (James) Lee can be reached on (571)272—7044. The faX phone number for
`
`the organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`
`/ZHENG (JIMMY) SONG/
`
`Examiner, Art Unit 2875
`
`