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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/933,639
`
`03/23/2018
`
`Miller H. Schuck
`
`229501
`
`1048
`
`REALD Inc. - Patent Department
`Stefan Bump
`5700 Flatiron Parkway
`Boulder CO 80301
`
`KO” TONY
`
`2878
`
`PAPERNUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/09/2019
`
`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
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`following e—mail address(es):
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`eofficeaction @ appcoll.com
`patent@rea1d.com
`patpros @reald.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`0/7709 A0170” Summary
`
`Application No.
`15/933,639
`Examiner
`TONY KO
`
`Applicant(s)
`Schuck et al.
`Art Unit
`2878
`
`AIA (FITF) Status
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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
`
`1)[:] Responsive to communication(s) filed on
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
`
`2b)
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`This action is non-final.
`
`3)C] 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
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`21—98 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`[:1 Claim(s) _ is/are allowed.
`
`Claim(s) w is/are rejected.
`
`[j Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`C] Claim(s)
`9
`* If any claims have been determined aflowabie. 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
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`http://www.jjgptggQV/patents/init_event§/pph/index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 3/23/2018 is/are: a). accepted or b)D 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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some**
`
`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] 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)
`
`1) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Datew.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191003
`
`
`
`Application/Control Number: 15/933,639
`Art Unit: 2878
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor orjoint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Claims 21-98 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as
`
`failing to comply with the written description requirement. The claim(s) contains subject matter which
`
`was not described in the specification in such a way as to reasonably convey to one skilled in the
`
`relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the
`
`application was filed, had possession of the claimed invention.
`
`Regarding claims 21, 76 and 92, the recitation of ”A polarization conversion system operable to
`
`direct time-sequential left and right stereo images onto an overlapping area of a cinema projection
`
`screen” does not appear to be part of the original disclosure. Since there is no mentioning of time-
`
`sequential left and right stereo images and how these images work in conjunction with system as
`
`claimed, the claims do not appear to comply with 35 U.S.C.112(a).
`
`Claims 22-75, 77-91 and 93-98 are rejected because of their dependency upon the rejected
`
`claims.
`
`
`
`Application/Control Number: 15/933,639
`Art Unit: 2878
`
`Page 3
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 21-98 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter which the
`
`inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`Regarding claims 21, 76 and 92, it is unclear how the system as claimed relate to ”time-
`
`sequential left and right stereo image” since there is no mentioning of these limitations in the original
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`disclosure. The original disclosure is also silence regarding what constitutes the term ”diverging image
`
`light” and how does this limitation impact the scope claims. The recitations of these terms and the lack
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`of definitive explanations render the claims indefinite.
`
`Claims 22-75, 77-91 and 93-98 are rejected because of their dependency upon the rejected
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`claims.
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`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally
`
`be reached on Monday-Friday 9-5pm PST.
`
`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 encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
`
`Page 4
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Georgia Epps can be reached on 571-272-2328. The fax phone number for the organization where this
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`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 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 (toll-free). If you would like assistance from a USPTO Customer
`
`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571-272-1000.
`
`/TONY KO/
`
`Primary Examiner, Art Unit 2878
`
`TKO
`
`
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