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 .
Response to Amendment
The amendment filed on 10/01/2025 has been entered.
Response to Arguments
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive. Regarding at least independent claim 1, the applicant argues the rejection under 35 U.S.C 103 is improper over Shouhi US 2020/0292858 or Manz US 20210016640 because Shouhi US 2020/0292858 or Manz US 20210016640 fails to the claim limitations “A Liquid Crystal Micro-Droplet (LCMD) film, comprising: a transparent layer, wherein the transparent layer is an organic polymer layer including a polyethylene terephthalate (PET) film or a polycarbonate film; a transparent conductive layer; a liquid crystal-polymer matrix layer that comprises a solid polymer and a plurality of liquid crystal droplets dispersed within the solid polymer; and a filtration layer wherein the filtration layer stabilizes the LCMD film by at least filtering infrared (IR) radiation”(see at least Summary in pages 8-10 of Remarks). The Examiner respectfully disagrees.
Regarding applicant’s arguments, firstly, the applicant’s arguments are irrelevant because the specific LCMD film structure “film/ITO/optical active layer/ITO/film with a filtration layer” does not cite in the current claim 1; Secondly, claim 1 cited a LCMD film “comprising”, which is open-ended transition, so that the LCMD film can includes other components as well. Thus, even if Shouhi US 2020/0292858 or Manz US 20210016640 includes other components like a pair of glass plates/panes to protect the internal films, and these components can be part of the LCMD film as well.
Therefore, The Examiner maintains the rejection.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-5 and 7-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shouhi US 2020/0292858.
Regarding claim 1, Shouhi discloses a Liquid Crystal Micro-Droplet (LCMD) film (elements 13, 14 and 15), in figs.1 and 2, comprising:
a transparent layer (one of two PET films (substrate), para.172), wherein the transparent layer is substantially an organic polymer layer including a polyethylene terephthalate (PET) film or a polycarbonate film (PET film, para.172);
a transparent conductive layer (an ITO electrode, para.172 and 121);
a liquid crystal-polymer matrix layer (PDLC or PDMLC in the light control body 13, para.121, 120 and 169-172) that comprises a solid polymer and a plurality of liquid crystal droplets dispersed within the solid polymer (see para.120, 121 and 169-172, PDLC or PDMLC which includes a solid polymer and a plurality of liquid crystal droplets dispersed within the solid polymer); and
a filtration layer (14 or 15, para.115 and 109) wherein the filtration layer stabilizes the LCMD film by at least filtering infrared (IR) radiation (para.115 and 109).
Regarding claim 4, Shouhi discloses the filtration layer comprises a layer of a dielectric material disposed with nanoparticles (para.115 and 43).
Regarding claim 5, Shouhi discloses the filtration layer comprises nanoparticles of indium tin oxide (ITO)(para.115).
Regarding claim 7, Shouhi discloses a first surface (lower surface) of the filtration layer (14) is configured in contact with the transparent layer (see figs.1 and 2) and a second surface (upper surface) of the filtration layer is in contact with an external environment of the LCMD film (see figs.1 and 2).
Regarding claim 8, Shouhi discloses the filtration layer is a first filtration layer (14), and the LCMD film further comprises a second filtration layer (15, para.115 and 207) that stabilizes the LCMD film by at least filtering IR radiation (para.115 and 207).
Regarding claim 9, Shouhi discloses the first filtration layer and the second filtration layer have the same thickness (para.133).
Regarding claim 10, Shouhi discloses the first filtration layer and the second filtration layer have different thicknesses (para.133).
Regarding claim 11, Shouhi discloses the filtration layer further stabilizes the LCMD film by filtering UV radiation (para.115 and 109).
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manz US 20210016640.
Regarding claim 1, Manz discloses a Liquid Crystal Micro-Droplet (LCMD) film, in figs.1-4, comprising:
a transparent layer (11), wherein the transparent layer is substantially an organic polymer layer including a polyethylene terephthalate (PET) film or a polycarbonate film (para.35 and 99);
a transparent conductive layer (3 or 5, para.99);
a liquid crystal-polymer matrix layer (4, PDLC layer) that comprises a solid polymer (9) and a plurality of liquid crystal droplets (8) dispersed within the solid polymer (see figs.1-4); and
a filtration layer (13, para.101) wherein the filtration layer stabilizes the LCMD film by at least filtering infrared (IR) radiation (para.101).
Regarding claim 3, Manz discloses the filtration layer comprises a layer of a dielectric material coated with silver (para.52).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shouhi US 2020/0292858 as apply to claim 1 above, and further in view of Wang US 2015/0275090.
Regarding claim 2, Shouhi does not explicitly disclose a compound which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets and the solid polymer and the transparent layer.
Wang discloses a LCMD film, in at least fig.1, a compound (UV absorber(s), para.20) which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets (150) and the solid polymer (130) and the transparent layer (110)(para.20 and 55) for the purpose of forming an UV stable LCMD film (para.20 and 55).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a compound which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets and the solid polymer and the transparent layer as taught by Wang in the LCMD film of Shouhi for the purpose of forming an UV stable LCMD film.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shouhi US 2020/0292858 as apply to claim 1 above, and further in view of Manz US 2021/0016640.
Regarding claim 3, Shouhi does not explicitly disclose the filtration layer comprises a layer of a dielectric material coated with silver.
Manz discloses a LCMD film, in at least fig.4, the filtration layer (IR-reflective layer, 13) comprises a layer of a dielectric material coated with silver (para.52) for the purpose of forming the filtration layer (para.52).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the filtration layer comprises a layer of a dielectric material coated with silver as taught by Manz in the LCMD film of Shouhi for the purpose of forming the filtration layer.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shouhi US 2020/0292858 as apply to claim 1 above.
Regarding claim 6, Shouhi discloses a first surface (lower surface) of the filtration layer (14) is configured in contact with the transparent layer (see figs.1 and 2) and a second surface (upper surface) of the filtration layer is in contact with an external environment of the LCMD film (see figs.1 and 2).
Shouhi does not explicitly disclose the filtration layer is configured between the transparent layer and the transparent conductive layer, wherein a first surface of the filtration layer is in contact with the transparent layer and a second surface of the filtration layer is in contact with the transparent conductive layer. However, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to rearrange the filtration layer such that the filtration layer is configured between the transparent layer and the transparent conductive layer, wherein a first surface of the filtration layer is in contact with the transparent layer and a second surface of the filtration layer is in contact with the transparent conductive layer as it would not affect the operation of the LCMD film, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The modification would help to filtering the infrared radiation as well.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho KR 20180129384A as apply to claim 1 above, and further in view of Wang US 2015/0275090.
Regarding claim 2, Cho does not explicitly disclose a compound which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets and the solid polymer and the transparent layer.
Wang discloses a LCMD film, in at least fig.1, a compound (UV absorber(s), para.20) which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets (150) and the solid polymer (130) and the transparent layer (110)(para.20 and 55) for the purpose of forming an UV stable LCMD film (para.20 and 55).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a compound which stabilizes the LCMD film from ultraviolet (UV) radiation and the compound is present in one or more of the plurality of liquid crystal droplets and the solid polymer and the transparent layer as taught by Wang in the LCMD film of Cho for the purpose of forming an UV stable LCMD film.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho KR 20180129384A as apply to claim 1 above, and further in view of Manz US 2021/0016640.
Regarding claim 3, Cho does not explicitly disclose the filtration layer comprises a layer of a dielectric material coated with silver.
Manz discloses a LCMD film, in at least fig.4, the filtration layer (IR-reflective layer, 13) comprises a layer of a dielectric material coated with silver (para.52) for the purpose of forming the filtration layer (para.52).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the filtration layer comprises a layer of a dielectric material coated with silver as taught by Manz in the LCMD film of Cho for the purpose of forming the filtration layer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liang US 2018/0299708 (at least fig.1), Wang US 2015/0275090 (at least fig.1), Veerasamy US 2009/0135319 (at least figs.2 and 6) or Wang US 2014/0300830 (at least fig.1) can be primary reference in view of teaching of Shouhi US 2020/0292858 or Manz US 2021/0016640 about the infrared filtration layer.
Also, JP 201651129A (at least figs.1-4)(provided in the IDS filed on 10/01/2025) can be a primary reference as well (layer 206 and 306 can be infrared filtration layer and may include UV blocking layer as well).
In addition, Cho KR 20180129384A (figs.1-4 and para.19) (provided in the IDS filed on 04/15/2025, see Machines_translation_of_KR_20180129384A.pdf) can be a primary reference for claims 1,6,7 and 14, see possible rejection for the future as below:
(Regarding claim 1, Cho discloses a Liquid Crystal Micro-Droplet (LCMD) film in at least figs.1-4 and para.19, comprising:
a transparent layer (121, 125, 221,225,321 or 325), wherein the transparent layer is substantially an organic polymer layer including a polyethylene terephthalate (PET) film or a polycarbonate film (para.42);
a transparent conductive layer (122, 124, 222, 224, 322 or 324);
a liquid crystal-polymer matrix layer (123, 223 or 323, para.44) that comprises a solid polymer and a plurality of liquid crystal droplets (1231) dispersed within the solid polymer (para.44); and
a filtration layer (226 or 326, or 326 with 327, para.50 and 58) wherein the filtration layer stabilizes the LCMD film by at least filtering infrared (IR) radiation (para.50 and 58).
Regarding claim 6, Cho discloses the filtration layer (226) is configured between the transparent layer and the transparent conductive layer (see fig.3), wherein a first surface of the filtration layer is in contact with the transparent layer and a second surface of the filtration layer is in contact with the transparent conductive layer (see fig.3).
Regarding claim 7, Cho discloses a first surface (lower surface) of the filtration layer (326 or 326 with 327) is configured in contact with the transparent layer (see fig.4) and a second surface (upper surface) of the filtration layer is in contact with an external environment of the LCMD film (see fig.4 when the LCMD does not includes the layer 327).
Regarding claim 11, Cho discloses the filtration layer (326 with 327) further stabilizes the LCMD film by filtering UV radiation (see fig.4).
Also, claims 4, 5 and 8-10 can rejected by Cho KR 20180129384A in view of Shouhi US 2020/0292858 as below:
Regarding claim 4, Cho does not explicitly disclose the filtration layer comprises a layer of a dielectric material disposed with nanoparticles.
Shouhi discloses a LCMD film, in figs.1-2, the filtration layer comprises a layer of a dielectric material disposed with nanoparticles (para.115 and 43) for the purpose of forming the filtration layer (para.115 and 43).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the filtration layer comprises a layer of a dielectric material disposed with nanoparticles as taught by Shouhi in the LCMD film of Cho for the purpose of forming the filtration layer.
Regarding claim 5, Cho does not explicitly disclose the filtration layer comprises nanoparticles of indium tin oxide.
Shouhi discloses a LCMD film, in figs.1-2, the filtration layer comprises nanoparticles of indium tin oxide (ITO)(para.115) for the purpose of forming the filtration layer (para.115).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the filtration layer comprises nanoparticles of indium tin oxide as taught by Shouhi in the LCMD film of Cho for the purpose of forming the filtration layer.
Regarding claim 8, Cho does not explicitly disclose the filtration layer is a first filtration layer, and the LCMD film further comprises a second filtration layer that stabilizes the LCMD film by at least filtering IR radiation.
Shouhi discloses a LCMD film, in figs.1-2, the filtration layer is a first filtration layer (14), and the LCMD film further comprises a second filtration layer (15, para.115 and 207) that stabilizes the LCMD film by at least filtering IR radiation (para.115 and 207) for the purpose of forming the filtration layer (para.115 and 207).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the filtration layer is a first filtration layer, and the LCMD film further comprises a second filtration layer that stabilizes the LCMD film by at least filtering IR radiation as taught by Shouhi in the LCMD film of Cho for the purpose of forming the filtration layer.
Regarding claim 9, Shouhi discloses the first filtration layer and the second filtration layer have the same thickness (para.133) for the purpose of forming the filtration layer (para.115 and 207). The reason for combining is the same as claim 8.
Regarding claim 10, Shouhi discloses the first filtration layer and the second filtration layer have different thicknesses (para.133) for the purpose of forming the filtration layer (para.115 and 207). The reason for combining is the same as claim 8.)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached at (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JIA X PAN/Primary Examiner, Art Unit 2871