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`09/930,964 08/17/200i
`
`Jang-FLoon Yoo
`
`7590
`
`~004
`
`21171
`STAlkS & HALSEY LLP
`SUITE 700
`1201 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`I ATI’ORNEY 1X)CK.iiTNO, [ CONFIIZ.MATION NO~ J
`2291
`
`1316.1021CC
`
`EXAMINER
`
`EDUN, MOHAMMAD N
`
`1,
`
`ART LrNIT
`2655
`
`PAPER NUMBER
`
`l
`
`DATE MAILED: 06/04/2004
`
`I
`
`J
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (lie, v, 10/03)
`
`LG Electronics, Inc. et al.
`EXHIBIT 1014
`IPR Petition for
`U.S. Patent No. RE43,106
`
`

`
`e
`
`Office Action Summary
`
`B
`
`Application No.
`
`09/930,964
`
`Examiner
`
`Applicant(s)
`
`YO0 ET AL
`
`Art Unit
`
`2655
`MUHAMMAD N EDUN
`.. The MAILING DATE of this oornmunication appears on the cover sheet with the correspondence address ..
`Period for Reply
`
`I t
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`E~densiens of time may be available under the provisions of 37 CFR 1,136(a), In no event, however, may a reply be timely filed
`after SIX (6} MONTHS from the mailing date of this m0mmunfeation.
`If the period for replyspecified above i~ tess than thirty (30) days, a replYwithin the statutory minimum of thirty (30) days will be ro~idered timely.
`-
`ff NO pedod for reply is specit’md above, the madreure statutory pedod will apply and will expire SLX (6) MONTHS frore the mailing date of this ©ommunicatfon.
`-
`- Failure to reply wflhin the set er extended period for reptywit!, by statute, oause the application to become ABANDONED (35 U.$.C. § 133).
`Any reply r~ehred by the Office later than three months after the mailing date of this ~munlcation, even ~ timely filed, n’~y reduce any
`earned petent tawn adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)~] Responsive to communication(s) filed on 16 June 2003.
`2a)!-] This action is FINAL. 2b)l~ This action is non-final.
`3)E] 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 Ex parle Quayle, 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
`
`Claim(s) 1-37 is/are pending in the application.
`4a) Of the above claim(s) .......... is/are withdrawn from consideration.
`Claim(s) 1-35 and 37 is/are allowed.
`B)I~
`Claim(s) 36 is/are rejected.
`Claim(s) ~ is/are objected to.
`7)~
`6)Q
`Claim(s) ....... are subject to restriction andlor election requirement.
`
`Application Papers
`
`9)[] The specification is objected to by the Examiner,
`10)[] The drawing(s) filed on ~ is/are: a)r-t 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).
`11)D The oath or declaration is objected to by the Examiner, Note the attached Office Action or form PTO-152.
`
`prlttritt, unrln, r ~ II ~ t~ A 4,1Q
`
`12)1~ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 lg(a)-(d) or (f).
`a)!~l All b)l-] Some * c)l--I None of:
`1.[] Certified copies of the pdodty documents have been received.
`2.[] Certified copies Of the pdodty documents have been received in Application No, 091049,988.
`3.[-] Copies of the certified copies of the priority documents have been received in ~is 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)
`J I
`2) L_J Notice of Draffsperson’s Patent Drawing Review (PTO-948)
`
`3) [] Information Disclosure Statement(s) (PTO-t449 or PTO/SB/08)
`Paper No(s)iMatl Date .......
`
`4) r~ Interview Summary (PTO-413)
`Paper No(syMail Date, ~.
`5) [] Notice of Informal Patent Application (PTO-152)
`6) [] Other: ..................
`
`PTOL-326 (Rev. 1-04)
`
`Office Action Summery
`
`Part of Paper No.lMail Date S
`
`

`
`Application/Control Number: 09/930,964
`Art Unit: 2655
`
`Page 2
`
`DETAILED ACTION
`
`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 person shall be entitled to a patent unless -
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claim 36 is rejected under 35 U.S.C. 102(b) as being anticipated by Komma
`
`et al. (5,446,565).
`
`Komma et al. discloses the invention as claimed. Fig. 19A-20 show the objective
`
`lens (46) for an optical pickup (shown in Figs. 21-62) comprising the holographic region
`
`(26, 32 or 42), wherein the region comprises a plurality of grating on the objective !ens
`
`(see also column 42, lines 45-column 43, line 22), as set forth in claims 36.
`
`Allowable Subject Matter
`
`Claims 1-35 and 37 are allowed.
`
`

`
`Application/Control Number: 09/930,964
`Art Unit: 2655
`
`Page 3
`
`The following is a statement of reasons for the indication of allowable
`
`subject matter:
`
`The prior art of record alone or in combination does not teach or suggest the
`
`objective lens having the specific recited structure, including the specific structure of the
`
`inner region, holographic region and diffractive region, along with functioning properties
`
`with light beams of different wavelengths, as set forth in claims 1-35 and 37.
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant’s disclosure.
`
`Ju et al. (5,777,803) discloses an optical apparatus having an optical pickup.
`
`head including an objective lens having holographic region.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MUHAMMAD N EDUN whose telephone number is 703-
`
`308-1550. The examiner can normally be reached on FLEXlTIME.
`
`

`
`Application/Control Number: 09/930,964
`Art Unit: 2655
`
`Page 4
`
`if attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, DORIS TO can be reached on 703-305-4827. The fax phone number for
`
`the organization where this application or proceeding is assigned is 703-872-9306.
`
`Information regarding the status of an application may be obtained from the
`
`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.
`
`For more information about the PAIR system, see http://pair-direct+uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (tolt-free)+
`
`MUHAMMAD N EDUN
`Primary Examiner
`Art Unit 2655

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