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`O
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`09/930,964 08/17/200i
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`Jang-FLoon Yoo
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`7590
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`~004
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`21171
`STAlkS & HALSEY LLP
`SUITE 700
`1201 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
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`I ATI’ORNEY 1X)CK.iiTNO, [ CONFIIZ.MATION NO~ J
`2291
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`1316.1021CC
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`EXAMINER
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`EDUN, MOHAMMAD N
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`1,
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`ART LrNIT
`2655
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`PAPER NUMBER
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`l
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`DATE MAILED: 06/04/2004
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`I
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`J
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (lie, v, 10/03)
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`LG Electronics, Inc. et al.
`EXHIBIT 1014
`IPR Petition for
`U.S. Patent No. RE43,106
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`e
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`Office Action Summary
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`B
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`Application No.
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`09/930,964
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`Examiner
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`Applicant(s)
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`YO0 ET AL
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`Art Unit
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`2655
`MUHAMMAD N EDUN
`.. The MAILING DATE of this oornmunication appears on the cover sheet with the correspondence address ..
`Period for Reply
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`I t
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`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).
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`Status
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`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.
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`Disposition of Claims
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`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.
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`Application Papers
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`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.
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`prlttritt, unrln, r ~ II ~ t~ A 4,1Q
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`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.
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`Attachment(s)
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`1) [] Notice of References Cited (PTO-892)
`J I
`2) L_J Notice of Draffsperson’s Patent Drawing Review (PTO-948)
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`3) [] Information Disclosure Statement(s) (PTO-t449 or PTO/SB/08)
`Paper No(s)iMatl Date .......
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`4) r~ Interview Summary (PTO-413)
`Paper No(syMail Date, ~.
`5) [] Notice of Informal Patent Application (PTO-152)
`6) [] Other: ..................
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`PTOL-326 (Rev. 1-04)
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`Office Action Summery
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`Part of Paper No.lMail Date S
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`Application/Control Number: 09/930,964
`Art Unit: 2655
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`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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`(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.
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`Claim 36 is rejected under 35 U.S.C. 102(b) as being anticipated by Komma
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`et al. (5,446,565).
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`Komma et al. discloses the invention as claimed. Fig. 19A-20 show the objective
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`lens (46) for an optical pickup (shown in Figs. 21-62) comprising the holographic region
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`(26, 32 or 42), wherein the region comprises a plurality of grating on the objective !ens
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`(see also column 42, lines 45-column 43, line 22), as set forth in claims 36.
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`Allowable Subject Matter
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`Claims 1-35 and 37 are allowed.
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`
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`Application/Control Number: 09/930,964
`Art Unit: 2655
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`Page 3
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`The following is a statement of reasons for the indication of allowable
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`subject matter:
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`The prior art of record alone or in combination does not teach or suggest the
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`objective lens having the specific recited structure, including the specific structure of the
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`inner region, holographic region and diffractive region, along with functioning properties
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`with light beams of different wavelengths, as set forth in claims 1-35 and 37.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant’s disclosure.
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`Ju et al. (5,777,803) discloses an optical apparatus having an optical pickup.
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`head including an objective lens having holographic region.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MUHAMMAD N EDUN whose telephone number is 703-
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`308-1550. The examiner can normally be reached on FLEXlTIME.
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`Application/Control Number: 09/930,964
`Art Unit: 2655
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`Page 4
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`if attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, DORIS TO can be reached on 703-305-4827. The fax phone number for
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`the organization where this application or proceeding is assigned is 703-872-9306.
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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
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`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 (tolt-free)+
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`MUHAMMAD N EDUN
`Primary Examiner
`Art Unit 2655