VWGoA - Ex. 1006
`Volkswagen Group of America, Inc., Petitioner
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`Offic Acti " Summary
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`Applicati n No.
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`Applicant(s)
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`10/298,367
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`Examiner
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`PARKER ET AL.
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`Art Unit
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`2872
`Fayez G. Assaf
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`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).
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`In no event. however, may a reply be timely filed
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`Status
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`1)lZ Responsive to communication(s) filed on 14 November 2003.
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`2a)IZ This action is FINAL.
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`2b)I:I This action is non-final.
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`3)EI 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 Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)|Z Claim(s) 1 is/are pending in the application.
`4a) Of the above claim(s) 26-33 is/are withdrawn from consideration.
`is/are allowed.
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`is/are objected to.
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)[:l The specification is objected to by the Examiner.
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`I
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`10)IZI The drawing(s) filed on 18 November 2002 is/are: a)IXI accepted or b)lj objected to by the Examiner.
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`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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`11)[] 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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`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)l:I All
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`b)[:] Some * c)El None of:
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`1.[:] Certified copies of the priority documents have been received.
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`2.E] Certified copies of the priority documents have been received in Application No. __
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`3.[:] 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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`4) [___I Interview Summary (PTO-413)
`Paper N0(S)/Mail Dafe- _-
`5) El N°“°e °f '"f°"“3' Pale” APP“°a“°" (PT0452)
`6) D Other:
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`1) D Notice of References Cited (PTO—892)
`2) [:1 Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) E Information Disclosure Statement(s) (PTO-1449 or PTO/SB/O8)
`Paper No(s)/Mail Date 02/02/2004.
`u.s. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 02022004
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`Application/Control Number: 10/298,367
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`Page 1
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`Art Unit: 2872
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`DETAILED ACTION
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`Election/Restrictions
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`The status of the claims is as follows:
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`Claims 34-52 have been canceled.
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`Claims 1-33 remain in the application: claims 1-25 are pending and
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`claims 26-33 have been withdrawn from consideration.
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`Terminal Disclaimer
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`The terminal disclaimer filed on 11/14/2003 disclaiming the terminal
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`portion of any patent granted on this application which would extend
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`beyond the expiration date of U.S. Patent 5,613,751 has been reviewed and
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`is accepted.
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`The terminal disclaimer has been recorded.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35
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`U.S.C. 102 that form the basis for the rejections under this section made
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`in this Office action:
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`A person shall be entitled to a patent unless -
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`the invention was described in (1) an application for patent, published under
`(e)
`section 122(b), by another filed in the United States before the invention by the
`applicant for patent or
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`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
`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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`Claims 1-6, 8, 10, 14-17, 19, 20, 22, 23 and 25 are rejected under 35
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`U.S.C. 102(e) as being anticipated by Nakamura (US 5,467,417.)
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`Application/Control Number: 10/298,367
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`Page 2
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`Art Unit: 2872
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`Regarding claims 1 and 10, Nakamura discloses a light emitting
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`assembly illumination comprising a light guide (3 of Fig. 1) having at
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`least one light input surface (upper surface of light guide), a plurality
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`of closely spaced light sources (1’s of Fig. 1) along said light input
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`surface for supplying light to said light guide, a plurality of light
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`extracting deformities (5 of Fig. 1) on at least one surface of said light
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`guide, said deformities having shapes (line 30 to line 32 of Col. 3)
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`for
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`controlling an output ray angle distribution of emitted light to suit a
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`particular application, and a transparent substrate (6 of Fig. 1)
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`overlying at least one surface of said light guide.
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`Regarding claim 17, Nakamura discloses both the light guide and the
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`substrate having deformities on at least one surface of each of said light
`guide and said substrate,
`the deformities vary in at least size and or
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`shape (see Fig.
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`1 and Fig. 2.)
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`Regarding claim 25, Nakamura discloses the substrate providing the
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`device that changes the output ray angle distribution, and improved
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`uniformity of the light output distribution (line 24 to line 36 of Col.
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`2.)
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`It is noted that the recitation with respect to the assembly being
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`for vehicle illumination has not been given patentable weight, because the
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`manner in which the claimed apparatus is intended to be used does not
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`differentiate the claimed apparatus from the cited prior art apparatus
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`satisfying the claimed structural limitations.
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`Application/Control Number: 10/298,367
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`Page 3
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`Art Unit: 2872
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`Regarding claims 2-5, 19 and 22, Nakamura discloses the substrate
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`comprising a plate attached to the light guide which covers said light
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`guide (see Fig. 1,
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`line 30 to line 32 of Col. 3.)
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`Regarding claim 6, Nakamura discloses the deformities being at least
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`one of depressions and raised surfaces on the one surface of the light
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`guide (see Fig. 2.)
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`Regarding claims 8 and 15, Nakamura discloses the deformities being a
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`device that changes the output ray angle distribution (line 48 to line 51
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`of Col. 4.)
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`Regarding claims 14 and 23, Nakamura discloses at least one surface
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`of at least one of said substrate and said light guide being prismatic
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`(see Fig. 8.)
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`Regarding claim 16, Nakamura discloses more than one said substrate
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`overlies said light guide (6 and 7 of Fig. 1.)
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`Regarding claim 20, Nakamura discloses the substrate having
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`reflective and refractive surfaces (see Fig. 2,
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`line 17 to line 27 of Col.
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`4.)
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the
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`basis for all obviousness rejections set forth in this Office action:
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`(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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`Application/Control Number: 10/298,367
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`Page 4
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`Art Unit: 2872
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`Claims 7, 9, 11-13, 18, 21 and 24 are rejected under 35 U.S.C. 103(a)
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`as being unpatentable over Nakamura.
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`Nakamura discloses the claimed invention except for:
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`the deformities vary on the surface of said light guide.
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`the light sources being light emitting diodes.
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`the light sources being embedded, potted, bonded or molded into
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`said light guide.
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`the substrate having a coating.
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`the variations in the deformities being random, on more than one
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`side of the light guide, or including surfaces having angles
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`that vary.
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`However, such features are well known in display devices and utility
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`of one or more thereof is generally specific to suit particular
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`application.
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`It would have been obvious, at the time the invention was made,
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`to a
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`person having ordinary skill in the art to utilize any of such features
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`for the purpose of providing the diffused light with the appropriate
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`intensity profile which suits the particular liquid crystal display.
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`Conclusion
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`Applicant's submission of an information disclosure statement under
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`37 CFR 1.97(c) with the fee set forth in 37 CFR 1.l7(p) on 11/14/2003
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`prompted the new ground(s) of rejection presented in this Office action.
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`Accordingly, THIS ACTION IS MADE FINAL.
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`See MPEP § 609(B)(2)(i).
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`Application/Control Number: 10/298,367
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`Page 5
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`Art Unit: 2872
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`Applicant is reminded of the extension of time policy as set forth in 37
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`CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to
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`expire THREE MONTHS from the mailing date of this action.
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`In the event a
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`first reply is filed within TWO MONTHS of the mailing date of this final
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`action and the advisory action is not mailed until after the end of the
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`THREE—MONTH shortened statutory period,
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`then the shortened statutory
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`period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.l36(a) will be calculated from the
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`mailing date of the advisory action.
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`In no event, however, will the
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`statutory period for reply expire later than SIX MONTHS from the mailing
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`date of this final action.
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`Any inquiry concerning this communication or earlier communications
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`from the examiner should be directed to Fayez G. Assaf whose telephone
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`number is (571) 272-2307.
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`The examiner can normally be reached on 8-5 M-
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`F.
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`If attempts to reach the examiner by telephone are unsuccessful,
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`the
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`examiner's supervisor, Drew Dunn can be reached on (571) 272-2312.
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`The
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`fax phone number for the organization where this application or proceeding
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`is assigned is 703-872-9306.
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`Application/Control Number: 10/298,367
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`Page 6
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`Art Unit: 2872
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`Information regarding the status of an application may be obtained
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`from the Patent Application Information Retrieval
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`(PAIR) system. Status
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`information for published applications may be obtained from either Private
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`PAIR or Public PAIR. Status information for unpublished applications is
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`available through Private PAIR only.
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`For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on
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`access to the Private PAIR system, contact the Electronic Business Center
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`(EBC) at 866-217-9197 (toll-free).
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`<l!—-
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`Fayez Assaf
`2/2/O4
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