DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/27/2025 has been entered.
Other Related Art
This prior art, made of record, but not relied upon is considered pertinent to applicant's disclosure since the following references have similar structure and/or use similar optical elements to what is claimed and/or disclosed in the instant application:
Raguin et al., US 2004/0150885 A1, is already of record (see the Final Office Action mailed 2/16/2023), but is again noted since Raguin discloses a similar optical element/light deflecting structure/diffraction grating wherein a first and second medium have refractive indices which differ by greater than or equal to 0.4 (abstract, figs. 1-4, paras. [0009]-[0012], [0045] Table 1); and
Lee et al., US 2020/0033980 A1, is already of record (see the Final Office Action mailed 2/16/2023), but is again noted since Lee discloses a similar optical element/light deflecting structure/diffraction grating for use with a display device wherein a first and second medium have refractive indices which differ by greater than or equal to 0.4 (title, abstract, figs. 1, 5A-6, paras. [0076], [0141], [0154]).
Status Of Claims
This Office Action is in response to an amendment received 12/27/2025 in which Applicant lists claims 4, 20 as being cancelled, claims 8-9, 13-14 as being original, claims 2-3, 6-7, 12, 15-18 as being previously presented, and claims 1, 5, 10-11, 19 as being currently amended. It is interpreted by the examiner that claims 1-3, 5-19 are pending.
If applicant is aware of any relevant prior art, or other co-pending application not already of record, they are reminded of their duty under 37 CFR 1.56 to disclose the same.
Regarding the numbering and/or order of dependent claims 5-9, Applicant is reminded that:
“A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed.” See MPEP § 608.01(n).
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 or joint 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 1-3, 5-19 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 10, 11 and 19 introduce claim limitations wherein “a difference between the first refractivity and the second refractivity is equal to or greater than 0.4”. As pointed out by applicant, paragraph [0031] of the original disclosure states that the first refractivity may be in the range of 1.2 to 1.8 and the second refractivity may be in the range of 1.4 to 2. Additionally, at least specification paragraph [0031] states that the first refractivity of the first medium is different from the second refractivity of the second medium. The original disclosure does not provide any specific values for the difference between the first refractivity and the second refractivity. One of ordinary skill in the optical arts could choose a material for the first medium with a first refractivity of 1.2, and could choose a material for the second medium with a second refractivity of 1.4, such that the first refractivity is less than and different from the second refractivity, and which would equate to a difference between the first refractivity and the second refractivity of 0.2. According to the original disclosure the chosen values of 1.2 for the first refractivity and 1.4 for the second refractivity would appear to be suitable for use in the optical element. However, now according to the newly added limitations, a chosen value of 1.2 for the first refractivity and 1.4 for the second refractivity would not satisfy the newly added limitation wherein “a difference between the first refractivity and the second refractivity is equal to or greater than 0.4”. Therefore, the newly added limitations of claims 1, 10, 11 and 19 were not described in the original disclosure with any specificity so as to indicate to one of ordinary skill in the art that the first medium and second medium should be chosen such that “a difference between the first refractivity and the second refractivity is equal to or greater than 0.4”, such that the claims now contain 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Additionally, in claims 1, 10, 11 and 19 the new limitation “a difference between the first refractivity and the second refractivity is equal to or greater than 0.4” includes the phrase “is equal to or greater than 0.4” with no upper limit and cause the claim to read on embodiments outside of the original description for the values of the first and second refractivity. Again, as pointed out by applicant, paragraph [0031] of the original disclosure states that the first refractivity may be in the range of 1.2 to 1.8 and the second refractivity may be in the range of 1.4 to 2. One of ordinary skill in the optical arts could choose a material for the first medium with a first refractivity of 1.2, and could choose a material for the second medium with a second refractivity of 2, which would equate to a maximum difference between the first refractivity and the second refractivity of 0.8. However, now according to the newly added limitations, a difference between the first refractivity and the second refractivity of 0.9, 1, 1.1, etc., would appear to satisfy the requirements of newly amended claims 1, 10, 11 and 19, but would be outside of the original description for the values of the first and second refractivity. In the decision in In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), the ranges described in the original specification included a range of "25%- 60%" and specific examples of "36%" and "50%." A corresponding new claim limitation to "at least 35%" did not meet the description requirement because the phrase "at least" had no upper limit and caused the claim to read literally on embodiments outside the "25% to 60%" range (See for example MPEP 2163.05 (III)). Therefore, the newly added limitations of claims 1, 10, 11 and 19 contain 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 2-3, 5-9, 12-18 are rejected for inheriting the same new matter of the claims from which they depend.
Priority
U.S. application 16/827791 filed on 3/24/2020 is the earliest filed application that discloses all of the limitations in newly amended claims 1, 10, 11 and 19 and therefore is the earliest priority date given for the instant application.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not provide proper antecedent basis for the newly added claim limitations in claims 1, 10, 11 and 19 wherein “a difference between the first refractivity and the second refractivity is equal to or greater than 0.4”.
Claim Objections
Claim 19 objected to because of the following informalities: the stray “P” at the end of claim 19 after the period should be deleted. Appropriate correction is required.
Response to Arguments
Applicant’s arguments, see pages 9-13 of the remarks, filed 12/27/2025, with respect to the rejections in view of Wee et al. (US 2019/0243042 A1) in view of Coleman (US 8619363 B1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Sitter et al. (US 10761320 B2, of record) in view of Wee.
Due to the ever-changing scope of the claimed invention, rejections with respect to Sitter in view of Wee have been reinstated.
It is noted that the remarks filed 12/27/2025 did not expressly address the rejections of the claims set for in view of Wee and Sitter.
The Examiner has cited particular columns and line number, paragraphs, and/or figures and elements in the references as applied to the claims for the convenience of the Applicant. Although the specified citation(s) are representative of the teachings in the art, and are applied to limitations within the individual claim(s), other passages and figures may additionally be applied since the cited prior art is relevant for all that they contain. Therefore, the specified citations should not be considered as an exhaustive list of teachings in the prior art which may be interpreted to read on the claim limitations, and other embodiments and citations in the cited prior art should also be considered as being relevant to the claimed limitations. It is requested that, in preparing responses, the Applicant fully consider the references in their entirety as potentially teaching all or part of the disclosed/claimed invention, as well as the context of the passages and figures as taught by the prior art or disclosed by the Examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sitter et al., U.S. Patent Number 10,761,320 B2, of record (hereafter Sitter) in view of Wee et al., U.S. Patent Application Publication Number 2019/0243042 A1, of record (hereafter Wee).
Regarding claim 11, Sitter discloses an optical element disposed on a light source (see at least figures 2A, 15, 16, 17, element 200, 1500, 1598, 1600 and/or 1700, col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30), wherein the optical element comprises:
a first medium having a first refractivity (see at least figures 2A, 15, 16, 17, at least one of element 210 or 220; element 1510; element 1610; element 1710; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64);
a second medium formed on the first medium and having a second refractivity (see at least figures 2A, 15, 16, 17, at least one of element 220 or 230; element 1520; element 1620; element 1720; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64), and
a light deflecting structure formed on an interface between he first medium and the second medium (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635), wherein a light emitted by the light source sequentially passes through the first medium and the second medium (see at least figures 2A, 15, 16, 17);
wherein the light deflecting structure is a diffraction grating (see at least col. 1, lines 13-62; col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30; col. 13, lines 36-63);
and wherein the entire interface between the first medium and the second medium is curved (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635; col. 3, lines 49-67),
and the optical element further comprises:
a first outer layer disposed on a display and located between the first medium and the display (see at least figure 16, element 1633; or figure 17, element 1730, and column 7, lines 17-30); and
a second outer layer disposed on the second medium (see at least figure 16, element 1630; or figure 17, element 1733, and column 7, lines 17-30);
wherein the display, the first outer layer, the first medium, the second medium and the second outer layer are disposed in order from bottom to top (see at least figures 16 and 17);
wherein a difference between the first refractivity and the second refractivity is equal to or greater than 0.4 (see at least column 12, line 46 through column 13, line 35).
Additionally, see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap; col. 3, lines 17-35, col. 6, lines 1-47, col. 11, line 24 through col. 12, line 45, and col. 14, lines 37-67 of Sitter, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same; and col. 13, lines 15-35 of Sitter, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Sitter does not specifically disclose that the first refractivity is less than the second refractivity, or that the first outer layer has a thickness equal to that of the second outer layer.
However, Wee teaches a display device, comprising:
a display configured to display an image (see at least the abstract, and paragraphs [0057] and [0117]-[0118] of Wee); and
an optical element disposed on the display (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0116]-[0118] of Wee),
an optical element disposed on a light source configured to emit light (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0057] and [0117]-[0118] of Wee),
wherein the optical element comprises:
a first medium having a first refractivity (see at least figure 2, element 220, and paragraphs [0061]-[0066], [0077]-[0078] of Wee);
a second medium formed on the first medium and having a second refractivity (see at least figure 2, element 210, and paragraphs [0061]-[0066], [0077]-[0078] of Wee); and
a light deflecting structure formed on an interface between the first medium and the second medium (see at least figure 2, element 211 of Wee);
wherein the light deflecting structure is a diffraction grating (see at least element 200, paragraphs [0057], [0133] of Wee),
wherein the light deflecting structure is a curved interface (see at least figure 3, as well as paragraph [0072] of Wee),
a first outer layer disposed on a display and located between the first medium and the display (see at least element 600 and/or 300, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee); and
a second outer layer disposed on the second medium (see at least element 300 and/or 300 and/or 600, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee);
wherein the first outer layer has a thickness equal to that of the second outer layer (see at least paragraphs [0084], [0114]-[0115] of Wee),
wherein the first medium has a first refractivity, the second medium has a second refractivity, and the first refractivity is less than the second refractivity (see at least figure 2, elements 210 and 220, and paragraphs [0061]-[0063], [0066], [0078] of Wee).
Wee further discloses that either of the first or second resin layers may have the low refractive index and either of the first or second resin layers may have the high refractive index (Wee para. [0062]).
Further, see paragraphs [0071], [0072], [0075], [0076] of Wee, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap, paragraphs [0066], [0078] of Wee, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same, paragraphs [0062], [0065]-[0066], [0078] of Wee, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Lastly, Wee further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or width may be chosen such that the display has an increased brightness, improved front and side contrast ratios, and mura is reduced (see at least paragraphs [0007]-[0009], [0019]-[0021], [0023]-[0027], [0057], [0061]-[0071], [0075]-[0078] of Wee).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first medium has a desired first refractivity, the second medium has a desired second refractivity, wherein the first refractivity may be less than the second refractivity, for the purpose of varying result effective variables, such as the refractive indices of the first and second mediums, to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63 of Sitter). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Additionally, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first outer layer has a thickness equal to that of the second outer layer, for the purpose of providing a desired amount of structure and protection to the light deflecting structure of the diffraction grating while having a reasonable expectation for success.
Regarding claims 1, 5, 10, 15, Sitter discloses a display device, comprising:
a display configured to display an image (see at least figures 2A, 15, 16, 17, element 1598, col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30); and
an optical element disposed on the display (see at least figures 2A, 15, 16, 17, element 200, 1500, 1600 and/or 1700),
an optical element disposed on a light source configured to emit light (see at least figures 2A, 15, 16, 17, element 200, 1500, 1600 and/or 1700, col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30),
wherein the optical element comprises:
a first medium having a first refractivity (see at least figures 2A, 15, 16, 17, at least one of element 210 or 220; element 1510; element 1610; element 1710; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64);
a second medium formed on the first medium and having a second refractivity (see at least figures 2A, 15, 16, 17, at least one of element 220 or 230; element 1520; element 1620; element 1720; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64); and
a light deflecting structure formed on an interface between the first medium and the second medium (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635);
wherein the light deflecting structure is a diffraction grating (see at least col. 1, lines 13-62; col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30; col. 13, lines 36-63);
and wherein the entire interface between the first medium and the second medium is curved (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635; col. 3, lines 49-67);
and the optical element further comprises:
a first outer layer disposed on a display and located between the first medium and the display (see at least figure 16, element 1633; or figure 17, element 1730, and column 7, lines 17-30); and
a second outer layer disposed on the second medium (see at least figure 16, element 1630; or figure 17, element 1733, and column 7, lines 17-30);
wherein the display, the first outer layer, the first medium, the second medium and the second outer layer are disposed in order from bottom to top (see at least figures 16 and 17);
wherein a difference between the first refractivity and the second refractivity is equal to or greater than 0.4 (see at least column 12, line 46 through column 13, line 35).
Additionally, see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap; col. 3, lines 17-35, col. 6, lines 1-47, col. 11, line 24 through col. 12, line 45, and col. 14, lines 37-67 of Sitter, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same; and col. 13, lines 15-35 of Sitter, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Sitter does not explicitly disclose that the relationship between the optical element and the light satisfies the following formula (1):
0.02 < |WB – WA| / Wref < 2.64 …..(1)
wherein WA is an image broadening width obtained when the light passes through the optical element with the first medium as the light incident side; WB is an image broadening width obtained when the light passes through the optical element with the second medium as the light incident side; and Wref is a width obtained when the light does not pass through the optical element.
However, it is noted that in product and apparatus claims, when the structure and composition recited in the reference(s) is substantially identical to that of the claim(s), claimed properties or functions are presumed to be inherent, see M.P.E.P. 2112.01. As the structure and materials provided by Sitter are the same as that recited in the claim(s), then it is expected that the optical element of Sitter would have the same results as claimed, and must inherently perform the same function. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipated or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)). For example, though not set forth in the claims, the disclosed materials and size of the physical structure of the optical element/light deflecting structure/diffraction grating of the instant application are the same as, or overlap with, the materials and size of the physical structure of the optical element/light deflecting structure/diffraction grating of Sitter (see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap; col. 3, lines 17-35, col. 6, lines 1-47, col. 11, line 24 through col. 12, line 45, and col. 14, lines 37-67 of Sitter, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same; and col. 13, lines 15-35 of Sitter, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap). The result of the structure of Sitter would be a non-zero difference of |WB – WA|, and therefore would very likely satisfy formula (1) by being between 0.02 and 2.64.
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Furthermore, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board’s finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). MPEP §2114. Specifically, the claim does not provide any structural features of the light deflecting structure which would distinguish the claim from the prior art in terms of structure rather than function.
Additionally, the disclosure of Sitter, as set forth in the citations above, being substantially identical to the disclosed process and/or material structure set forth in the specification (see at least paragraphs [0006]-[0009] of the specification for the instant application) would intrinsically result in satisfying formula (1). It has been held that where the claimed and prior art products are identical, or substantially identical, in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. In re Best, 195 USPQ 430, (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977).
Sitter further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or peak to valley height may be chosen to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose desired characteristics for the light deflecting structure, such that formula (1) is satisfied, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to satisfy formula (1) for the purpose of achieving a desired front luminance and/or viewing angle for a light source/display for a particular application. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Sitter does not specifically disclose that the first refractivity is less than the second refractivity, or that the first outer layer has a thickness equal to that of the second outer layer.
However, Wee teaches a display device, comprising:
a display configured to display an image (see at least the abstract, and paragraphs [0057] and [0117]-[0118] of Wee); and
an optical element disposed on the display (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0116]-[0118] of Wee),
an optical element disposed on a light source configured to emit light (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0057] and [0117]-[0118] of Wee),
wherein the optical element comprises:
a first medium having a first refractivity (see at least figure 2, element 220, and paragraphs [0061]-[0066], [0077]-[0078] of Wee);
a second medium formed on the first medium and having a second refractivity (see at least figure 2, element 210, and paragraphs [0061]-[0066], [0077]-[0078] of Wee); and
a light deflecting structure formed on an interface between the first medium and the second medium (see at least figure 2, element 211 of Wee);
wherein the light deflecting structure is a diffraction grating (see at least element 200, paragraphs [0057], [0133] of Wee),
wherein the light deflecting structure is a curved interface (see at least figure 3, as well as paragraph [0072] of Wee),
a first outer layer disposed on a display and located between the first medium and the display (see at least element 600 and/or 300, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee); and
a second outer layer disposed on the second medium (see at least element 300 and/or 300 and/or 600, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee);
wherein the first outer layer has a thickness equal to that of the second outer layer (see at least paragraphs [0084], [0114]-[0115] of Wee),
wherein the first medium has a first refractivity, the second medium has a second refractivity, and the first refractivity is less than the second refractivity (see at least figure 2, elements 210 and 220, and paragraphs [0061]-[0063], [0066], [0078] of Wee).
Wee further discloses that either of the first or second resin layers may have the low refractive index and either of the first or second resin layers may have the high refractive index (Wee para. [0062]).
Further, see paragraphs [0071], [0072], [0075], [0076] of Wee, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap, paragraphs [0066], [0078] of Wee, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same, paragraphs [0062], [0065]-[0066], [0078] of Wee, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Lastly, Wee further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or width may be chosen such that the display has an increased brightness, improved front and side contrast ratios, and mura is reduced (see at least paragraphs [0007]-[0009], [0019]-[0021], [0023]-[0027], [0057], [0061]-[0071], [0075]-[0078] of Wee).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first medium has a desired first refractivity, the second medium has a desired second refractivity, wherein the first refractivity may be less than the second refractivity, for the purpose of varying result effective variables, such as the refractive indices of the first and second mediums, to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63 of Sitter). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Additionally, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first outer layer has a thickness equal to that of the second outer layer, for the purpose of providing a desired amount of structure and protection to the light deflecting structure of the diffraction grating while having a reasonable expectation for success.
Regarding claims 2, 3, 16 and 17, Sitter in view of Wee does not specifically disclose 1.39 ≤ WA / Wref ≤ 2.28; or 1.46 ≤ WB / Wref ≤ 4.92.
However, it is noted that in product and apparatus claims, when the structure and composition recited in the reference(s) is substantially identical to that of the claim(s), claimed properties or functions are presumed to be inherent, see M.P.E.P. 2112.01. As the structure and materials provided by Sitter are the same as that recited in the claim(s), then it is expected that the optical element of Sitter would have the same results as claimed, and must inherently perform the same function. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipated or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Furthermore, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board’s finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). MPEP §2114. Specifically, the claim does not provide any structural features of the light deflecting structure which would distinguish the claim from the prior art in terms of structure rather than function.
Sitter further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or peak to valley height may be chosen to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose desired characteristics for the light deflecting structure, such that 1.39 ≤ WA / Wref ≤ 2.28; and/or 1.46 ≤ WB / Wref ≤ 4.92, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to choose desired characteristics for the light deflecting structure such that 1.39 ≤ WA / Wref ≤ 2.28; and/or 1.46 ≤ WB / Wref ≤ 4.92, for the purpose of achieving a desired front luminance and/or viewing angle for a light source/display for a particular application. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Regarding claim 6, Sitter in view of Wee discloses that the light deflecting structure has at least a gradient spacing in a range of 0.3µm to 50µm (see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claims 7 and 18, Sitter in view of Wee does not specifically disclose 0.99 < WB/WA < 2.16.
However, it is noted that in product and apparatus claims, when the structure and composition recited in the reference(s) is substantially identical to that of the claim(s), claimed properties or functions are presumed to be inherent, see M.P.E.P. 2112.01. As the structure and materials provided by Sitter are the same as that recited in the claim(s), then it is expected that the optical element of Sitter would have the same results as claimed, and must inherently perform the same function. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipated or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Furthermore, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board’s finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). MPEP §2114. Specifically, the claim does not provide any structural features of the light deflecting structure which would distinguish the claim from the prior art in terms of structure rather than function.
Sitter further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or peak to valley height may be chosen to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose desired characteristics for the light deflecting structure, such that 0.99 < WB/WA < 2.16, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to choose desired characteristics for the light deflecting structure such that 0.99 < WB/WA < 2.16, for the purpose of achieving a desired front luminance and/or viewing angle for a light source/display for a particular application. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Regarding claim 8, Sitter in view of Wee discloses that the first refractivity is in a range of 1.2 to 1.8 (see at least col. 13, lines 27-35 of Sitter, as well as the combination set forth above with Wee).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claim 9, Sitter in view of Wee discloses that the second refractivity is in a range of 1.4 to 2 (see at least col. 13, lines 27-35 of Sitter, as well as the combination set forth above with Wee).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claim 12, Sitter in view of Wee discloses that the light deflecting structure has at least a gradient spacing in a range of 0.3µm to 50µm (see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claim 13, Sitter in view of Wee discloses that the first refractivity is in a range of 1.2 to 1.8 (see at least col. 13, lines 27-35 of Sitter, as well as the combination set forth above with Wee).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claim 14, Sitter in view of Wee discloses that the second refractivity is in a range of 1.4 to 2 (see at least col. 13, lines 27-35 of Sitter, as well as the combination set forth above with Wee).
It has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists” (MPEP 2144.05). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005).
Regarding claim 19, Sitter discloses a display device, comprising:
a display configured to display an image (see at least figures 2A, 15, 16, 17, element 1598, col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30); and
an optical element disposed on the display (see at least figures 2A, 15, 16, 17, element 200, 1500, 1600 and/or 1700, col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30), wherein the optical element comprises:
a first medium having a first refractivity (see at least figures 2A, 15, 16, 17, at least one of element 210 or 220; element 1510; element 1610; element 1710; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64);
a second medium formed on the first medium and having a second refractivity (see at least figures 2A, 15, 16, 17, at least one of element 220 or 230; element 1520; element 1620; element 1720; col. 1, lines 13-26; col. 11, lines 24 through col. 13, line 35; col. 14, line 37-64); and an interface between the first medium and the second medium comprises a light deflecting structure (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635), wherein a light for forming the image sequentially passes through the first medium and the second medium (see at least figures 2A, 15, 16, 17);
wherein the light deflecting structure is a diffraction grating (see at least col. 1, lines 13-62; col. 2, lines 54-62; col. 6, line 1 through col. 7, line 30; col. 13, lines 36-63);
and wherein the entire interface between the first medium and the second medium is curved (see at least figures 2A, 15, 16, 17, elements 235, 237, 1635; col. 3, lines 49-67); and
and the optical element further comprises:
a first outer layer disposed on a display and located between the first medium and the display (see at least figure 16, element 1633; or figure 17, element 1730, and column 7, lines 17-30); and
a second outer layer disposed on the second medium (see at least figure 16, element 1630; or figure 17, element 1733, and column 7, lines 17-30);
wherein the display, the first outer layer, the first medium, the second medium and the second outer layer are disposed in order from bottom to top (see at least figures 16 and 17);
wherein a difference between the first refractivity and the second refractivity is equal to or greater than 0.4 (see at least column 12, line 46 through column 13, line 35).
Additionally, see col. 1, lines 13-62, col. 13, lines 36-52 of Sitter, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap; col. 3, lines 17-35, col. 6, lines 1-47, col. 11, line 24 through col. 12, line 45, and col. 14, lines 37-67 of Sitter, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same; and col. 13, lines 15-35 of Sitter, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Sitter does not specifically disclose that the first refractivity is less than the second refractivity, or that the first outer layer has a thickness equal to that of the second outer layer.
However, Wee teaches a display device, comprising:
a display configured to display an image (see at least the abstract, and paragraphs [0057] and [0117]-[0118] of Wee); and
an optical element disposed on the display (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0116]-[0118] of Wee),
an optical element disposed on a light source configured to emit light (see at least the abstract and figures 1-4, element 200, 200A and/or 200B, and paragraphs [0057] and [0117]-[0118] of Wee),
wherein the optical element comprises:
a first medium having a first refractivity (see at least figure 2, element 220, and paragraphs [0061]-[0066], [0077]-[0078] of Wee);
a second medium formed on the first medium and having a second refractivity (see at least figure 2, element 210, and paragraphs [0061]-[0066], [0077]-[0078] of Wee); and
a light deflecting structure formed on an interface between the first medium and the second medium (see at least figure 2, element 211 of Wee);
wherein the light deflecting structure is a diffraction grating (see at least element 200, paragraphs [0057], [0133] of Wee),
wherein the light deflecting structure is a curved interface (see at least figure 3, as well as paragraph [0072] of Wee),
a first outer layer disposed on a display and located between the first medium and the display (see at least element 600 and/or 300, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee); and
a second outer layer disposed on the second medium (see at least element 300 and/or 300 and/or 600, paras. [0061], [0081]-[0084], [0108]-[0115] of Wee);
wherein the first outer layer has a thickness equal to that of the second outer layer (see at least paragraphs [0084], [0114]-[0115] of Wee),
wherein the first medium has a first refractivity, the second medium has a second refractivity, and the first refractivity is less than the second refractivity (see at least figure 2, elements 210 and 220, and paragraphs [0061]-[0063], [0066], [0078] of Wee).
Wee further discloses that either of the first or second resin layers may have the low refractive index and either of the first or second resin layers may have the high refractive index (Wee para. [0062]).
Further, see paragraphs [0071], [0072], [0075], [0076] of Wee, and paragraph [0024] of the instant application wherein the physical characteristic of the spacing of the optical element overlap, paragraphs [0066], [0078] of Wee, and paragraphs [0028]-[0029] of the instant application wherein the physical characteristic of the materials of the optical element are the same, paragraphs [0062], [0065]-[0066], [0078] of Wee, and paragraph [0031] of the instant application wherein the physical characteristic of the refractive index of the materials of the optical element overlap).
Lastly, Wee further teaches that the differences in refractive index between the first and second mediums, refractive indices of the first and second mediums, pitch and/or width may be chosen such that the display has an increased brightness, improved front and side contrast ratios, and mura is reduced (see at least paragraphs [0007]-[0009], [0019]-[0021], [0023]-[0027], [0057], [0061]-[0071], [0075]-[0078] of Wee).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first medium has a desired first refractivity, the second medium has a desired second refractivity, wherein the first refractivity may be less than the second refractivity, for the purpose of varying result effective variables, such as the refractive indices of the first and second mediums, to achieve desired diffraction and/or refraction such that unwanted moire patterns are reduced (see at least col. 1, lines 13-62; col. 3, line 1 through col. 4, line 47; col. 12, line 46 through col. 13, line 63 of Sitter). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Additionally, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the structure of the light deflecting structure/diffraction grating of Sitter to include the teachings of Wee so that the first outer layer has a thickness equal to that of the second outer layer, for the purpose of providing a desired amount of structure and protection to the light deflecting structure of the diffraction grating while having a reasonable expectation for success.
Conclusion
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/Derek S. Chapel/Primary Examiner, Art Unit 2872 2/3/2026
Derek S. CHAPEL
Primary Examiner
Art Unit 2872