DETAILED ACTION
Notice of 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/10/2026 has been entered.
Response to Amendment
The amendment with respect to claim 1 filed on 02/10/2026 has been fully considered for examination based on their merits. The previously presented claims 2-18 have been considered.
Response to Arguments
Applicant’s arguments, see Remarks, Pages 6-8, filed 02/10/2026, with respect to the rejection(s) of claim(s) 1-18 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of ERICSON.
Regarding Claim 1. The Applicant argues that FURUIKE does not teach the first void or second void of amended claim 1. The Examiner agrees, and therefore the rejection has been withdrawn. However, upon further examination, a new ground(s) of rejection is as mentioned above. ERICSON teaches the nanostructured surface of a first layer provides a nanostructured interface between two materials (one of which may be air or other gas and may be under partial vacuum) as claimed in the amended claim limitation of Claim 1. ERICSON further teaches the refractive index contrast (like the amended claim 1), which is in the range of 0.1 to 1.0 similar to the paragraph [0081] of the instant application.
Regarding Claim(s) 2-18. The dependent claims 2–18 follow similar arguments as Claim 1. Upon further consideration, new grounds of rejection is made based on the prior art mentioned above
Claim Rejections - 35 USC § 103
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.
Claim 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Akifumi Nawata et al, (hereinafter NAWATA), US 20190157622 A1, in view of Jun Furuike et al, (hereinafter FURUIKE), JP 2015115436 A, and further in view of Nicholas C. Ericson et al, (hereinafter ERICSON), WO 2018080830 A1.
Regarding Claim 1, NAWATA teaches in Figures 4(b), an article (Fig. 4(a-c), 10, optical device) comprising:
a) a first layer (1, base) comprising a nanostructured first surface (3, first phase difference element) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (2, polarizer), wherein the nanostructured first surface (3, first phase difference element) comprises recessed features (2b/3b/5b, concavities), or protruding features (2a/3a/5a, convexities) formed of a single composition ([0011], [0070]), or both recessed (2b/3b/5b, concavities) and protruding (2a/3a/5a, convexities) features; and either:
bl) a second layer (lower layer, 4, protectors) comprising a first major surface (upper surface of lower layer 4) and an opposing second major surface (lower surface of lower layer 4), the first major surface (upper surface of lower layer 4) attached to a portion of the nanofeatures (2b/3b/5b, concavities) and of the first layer (1, base), wherein the nanostructured first surface (3, first phase difference element) of the first layer (1, base) and the first major surface (upper surface of lower layer 4) of the second layer (lower layer, 4, protectors) together define at least one first void (gas like air in the clearance of concavo-convex structure [0078]; annotated Figure 4b); or
b2) a third layer (6, second base) comprising a nanostructured first surface (2, polarizer) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (5, second phase difference element) and, wherein a portion of the nanofeatures (2b/3b/5b, concavities) of the third layer (6, second base) are attached to a portion of the nanofeatures (2b/3b/5b, concavities) of the first layer (1, base), and wherein the nanostructured first surface (2, polarizer) of the third layer (6, second base) and the nanostructured first surface (3, first phase difference element) of the first layer (1, base) together define at least one second void (gas like air in the clearance of concavo-convex structure [0078] ; annotated Figure 4b);
wherein either 1) the first layer (1, base) comprises an inorganic material (inorganic compounds, [0066], [0070]) that comprises a coupling agent bonded to the nanostructured first surface (3, first phase difference element) comprising of the first layer (1, base) or 2) the first layer (1, base) comprises an organic material (resin used as an natural or synthetic organic compound, [0066]; organic electroluminescence or OEL, [0097], [0126]) and comprises crosslinks between the first layer (1, base) and whichever of bl) or b2) that is present (see the elements mapping above for b1 or b2):
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with the proviso that when b1) is present (see the elements mapped above), the article Fig. 4(a-c), 10, optical device) further comprises:
c) a fourth layer (upper layer, 4, protectors) comprising a nanostructured first surface (5, second phase difference element) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (upper surface of upper layer 4), wherein either the second surface (upper surface of upper layer 4) of the fourth layer (upper layer, 4, protectors) or the nanostructured first surface (5, second phase difference element) of the fourth layer (upper layer, 4, protectors) is adjacent either to the second major surface (lower surface of lower layer 4) of the second layer (lower layer, 4, protectors) or to the second surface (2, polarizer) of the first layer (1, base).
NAWATA fails to teach the gas like air is treated as void; fails to teach that the first layer comprises an inorganic material that comprises a coupling agent bonded to the nanostructured first surface comprising of the first layer; fails to teach that the first layer comprise an organic material and comprises crosslinks between the first layer and other adjacent layers.
FURUIKE teaches an article (Fig. 13E, 14, functional transfer body) wherein the nanostructured first surface (11a/11b) of the third layer (10, carrier) and the nanostructured first surface (11) of the first layer (12, functional layer) together define at least one second void (air void, [0307]). FURUIKE further teaches the first layer comprises an inorganic material (A1 to A5, functional transfer bodies, 12 functional layer, [0374]) that comprises a coupling agent (fluorine-based silane coupling material, [0374]) bonded to the nanostructured first surface (11, nanostructure) comprising of the first layer (Fig. 13E, 12, functional layer). FURUIKE further teaches the first layer (Fig. 3E, 10, carrier) comprise an organic material (organic particles, [0290]) and comprises crosslinks (crosslinked polymer particles, [0290]) between the first layer (Fig. 13E, 10, carrier) and other adjacent layers (Fig. 13E, 12, functional layer).
Therefore, it would have been a prima facie obvious of one or ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have modified NAWATA to incorporate the teachings of FURUIKE such that
the air voids are generated because of the unevenness coating property of the functional layer (FURUIKE, air void, [0307]).
the first layer comprises an inorganic material that comprises a coupling agent bonded to the nanostructured first surface comprising of the first layer, so that the coupling material, fluorine-based silane was efficiently bonded with the functional layer under vacuum and the resulted functional transfer body possess minimum value of the ratio (Ra/Ior) from the viewpoint of industrial properties (FURUIKE, [0374]).
the first layer comprise an organic material and comprises crosslinks between the first layer and other adjacent layers. The organic materials could be mixed with water or organic solvents and coating of this liquid phase to form the nanostructures (11) of the functional layer (12) (FURUIKE, [0164], [0327]).
NAWATA as modified by FURUIKE does not explicitly disclose an article comprising:
bl) wherein the nanostructured first surface of the first layer (1, base) and the first major surface of the second layer together define at least one first void containing a gas or a vacuum to provide a refractive index contrast.
ERICSON teaches an article (Fig. 1, 100, nanostructured article) comprising:
bl) wherein the nanostructured first surface of the first layer (Fig. 1, 110) and the first major surface of the second layer (Fig. 1, 110) together define at least one first void (Fig. 1, 102, nanostructured interface) containing a gas or a vacuum ([0071]) to provide a refractive index contrast ([0075]).
Therefore, it would have been a prima facie obvious of one or ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have NAWATA as modified by FURUIKE to incorporate the teachings of ERICSON such that an article comprising:
bl) wherein the nanostructured first surface of the first layer (1, base) and the first major surface of the second layer together define at least one first void containing a gas or a vacuum to provide a refractive index contrast, so that the large refractive index contrast is desired, since diffracted power transmitted through the nanostructured interface is proportional to the square of the refractive index contrast (ERICSON, [0076]).
Regarding Claim 2, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Figs. 4(a-c), 10, optical device), wherein b1) is present (see the elements mapping of b1 in claim 1 above).
Regarding Claim 3, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, wherein bl) is present (see the elements mapping of b1 in claim 1 above) and the article (Figs. 4(a-c), 10, optical device) further comprises:
d) a fifth layer (lower layer, 4, protectors) comprising a first major surface (upper surface of lower layer 4) and an opposing second major surface (lower surface of lower layer 4), wherein he first major surface (upper surface of lower layer 4) is attached to a portion of the nanofeatures (2b/3b/5b, concavities) and of the fourth layer (1, base), wherein the nanostructured first surface (3, first phase difference element) of the fourth layer (1, base) and the first major surface (upper surface of lower layer 4) of the fifth layer (4, protectors) together define at least one third void (gas like air in the clearance of concavo-convex structure [0078]).
FURUIKE further teaches the layer (Fig. 3E, 12, functional layer) includes a plurality of layers, and there is a gap between a certain layer and another layer ((IV-2), [0090]). FURUIKE also further teaches the article (Fig. 13E, 14, functional transfer body) wherein the nanostructured first surface (11a/11b) of the third layer (10, carrier) and the nanostructured first surface (11) of the first layer (12, functional layer) together define at least one second void (air void, [0307]).
Regarding Claim 4, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), teaches the article (Figs. 4(a-c), 10, optical device) of claim 1, wherein b2) is present (see the elements mapping of b1 in claim 1 above) and the article (Fig. 4(a-c), 10, optical device) further comprises:
e) a sixth layer (6, second base) comprising a nanostructured first surface (2, polarizer) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (5, second phase difference element); and
f) a seventh layer (upper layer, 4) comprising a first major surface (lower surface of the upper layer, 4) and an opposing second major surface (upper surface of the upper layer 4), wherein the first major surface (lower surface of the upper layer, 4) is attached to a portion of the nanofeatures (2b/3b/5b, concavities) of the sixth layer (6, second base), and
wherein the nanostructured first surface (2, polarizer) of the sixth layer (6, second base) and the first major surface (lower surface of the upper layer, 4) of the seventh layer (upper layer, 4) together define at least one fourth void (gas like air in the clearance of concavo-convex structure [0078]), wherein either the second surface (5, second phase difference element) of the sixth layer (6, second base) or the second major surface (upper surface of the upper layer 4) of the seventh layer (upper layer, 4) is adjacent either to the second major surface (lower surface of lower layer 4) of the second layer (lower layer, 4, protectors) or to the second surface (2, polarizer) of the first layer (1, base).
FURUIKE further teaches the layer (Fig. 3E, 12, functional layer) includes a plurality of layers, and there is a gap between a certain layer and another layer ((IV-2), [0090]). FURUIKE further teaches the article (Fig. 13E, 14, functional transfer body) wherein the nanostructured first surface (11a/11b) of the third layer (10, carrier) and the nanostructured first surface (11) of the first layer (12, functional layer) together define at least one second void (air void, [0307]).
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Regarding Claim 5, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, wherein b2) is present (see the elements mapping of b1 in claim 1 above) and the article (Fig. 4(a-c), 10, optical device) and the article (Figs. 4(a-c), 10, optical device) further comprises:
g) an eighth layer (6, second base) comprising a nanostructured first surface (2, polarizer) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (5, second phase difference element); and
h) a ninth layer (upper layer, 4) comprising a nanostructured first surface comprising (5, second phase difference element) nanofeatures (2b/3b/5b, concavities) and an opposing second surface (upper surface of the upper layer 4), wherein a portion of the nanofeatures (5, second phase difference element) of the ninth layer (upper layer, 4) are attached to a portion of the nanofeatures (2b/3b/5b, concavities) of the eighth layer (6, second base), and wherein the nanostructured first surface (5, second phase difference element) of the ninth layer (upper layer, 4) and the nanostructured first surface (2, polarizer) of the eighth layer (6, second base) together define at least one fifth void (gas like air in the clearance of concavo-convex structure [0078]),
wherein either the second surface (5, second phase difference element) of the eighth layer (6, second base) or the second surface (upper surface of the upper layer 4) of the ninth layer (upper layer, 4) is adjacent to either the second surface (5, second phase difference element) of the third layer (6, second base) or the second surface (2, polarizer) of the first layer (1, base).
FURUIKE further teaches the layer (Fig. 3E, 12, functional layer) includes a plurality of layers, and there is a gap between a certain layer and another layer ((IV-2), [0090]). FURUIKE further teaches the article (Fig. 13E, 14, functional transfer body) wherein the nanostructured first surface (11a/11b) of the third layer (10, carrier) and the nanostructured first surface (11) of the first layer (12, functional layer) together define at least one second void (air void, [0307]).
Regarding Claim 6, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, wherein b1) is present (see the elements mapping of b1 in claim 1 above) and the article (Fig. 4(a-c), 10, optical device) further comprises:
i) a tenth layer (1, base) comprising a nanostructured first surface (3, first phase difference element) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (2, polarizer); and
j) an eleventh layer (lower layer, 4, protectors) comprising a nanostructured first surface (upper surface of lower layer 4) comprising nanofeatures (2b/3b/5b, concavities) and an opposing second surface (lower surface of lower layer 4), wherein a portion of the nanofeatures (2b/3b/5b, concavities) of the eleventh layer (lower layer, 4, protectors) are attached to a portion of the nanofeatures (2b/3b/5b, concavities) of the tenth layer (1, base), and wherein the nanostructured first surface (upper surface of lower layer 4) of the eleventh layer (lower layer, 4, protectors) and the nanostructured first surface (3, first phase difference element) of the tenth layer (1, base) together define at least one sixth void (gas like air in the clearance of concavo-convex structure [0078]),
wherein either the second surface (2, polarizer) of the tenth layer (1, base) or the second surface (lower surface of lower layer 4) of the eleventh layer (lower layer, 4, protectors) is adjacent to either the second major (lower surface of lower layer) surface of the second layer (lower layer, 4, protectors) or the second surface (2, polarizer) of the first layer (1, base).
FURUIKE further teaches the layer (Fig. 3E, 12, functional layer) includes a plurality of layers, and there is a gap between a certain layer and another layer ((IV-2) ), [0090]). FURUIKE also further teaches the article (Fig. 13E, 14, functional transfer body) wherein the nanostructured first surface (11a/11b) of the third layer (10, carrier) and the nanostructured first surface (11) of the first layer (12, functional layer) together define at least one second void (air void, [0307]).
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Regarding Claim 7, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, further comprising a twelfth layer (7, phase difference film) disposed adjacent (annotated Figure 4c) to either the second major surface (lower level of lower layer, 4) of the second layer (lower layer 4) or the second surface (2, polarizer) of the first layer (1, base).
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Regarding Claim 8, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 7, wherein the twelfth layer (7, phase difference film) is a low bi-refringent layer ([0081]).
Regarding Claim 9, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, further comprising a thirteenth layer (upper layer, 4) disposed adjacent (annotated Figure 3d) to either the second major surface (lower surface of the lower layer, 4) of the second layer (lower layer, 4) or the second surface (2, polarizer) of the first layer (1, base).
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Regarding Claim 10, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
FURUIKE further teaches in Figures 13E, the article (Fig. 13E, 14, functional transfer body) wherein the second layer (Fig. 13E, 10, carrier) is substantially planar (planarized, [250], [257], [261]).
Regarding Claim 11, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
FURUIKE further teaches in Figures 13E, the article (Fig. 13E, 14, functional transfer body) of claim 1, wherein the first layer (Fig. 13E, 12, functional layer) comprises a polymeric material (polymer, [0164]).
Regarding Claim 12 NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, wherein the first layer (1, base) and either the second layer (lower layer, 4) or the third layer (6, second base) comprise the same material ([0011], [0070]).
Regarding Claim 13, , NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
FURUIKE further teaches in Figures 13E, the article (Fig. 13E, 14, functional transfer body) of claim 1, wherein at least one of the first layer (Fig. 13E, 10, carrier), the second layer (Fig. 13E, 12, functional layer), or the third layer (plurality of layers, (IV-2), [0090]) comprises a crosslinked material or a crosslinkable material (crosslinked polymer particles, [0290]).
Regarding Claim 14, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
FURUIKE further teaches in Figures 13E, the article (Fig. 13E, 14, functional transfer body) of claim 1, wherein at least one of the first layer (Fig. 13E, 10, carrier), the second layer (Fig. 13E, 12, functional layer), or the third layer (plurality of layers, (IV-2), [0090]) comprises an acrylic polymer or copolymer (polymer, [0164], copolymerized acrylic polymer, [0389], [0394], [0397]).
Regarding Claim 15, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), the article (Fig. 4(a-c), 10, optical device) of claim 1, wherein at least one of the first layer (1, base), the sixth layer (6, second base), the eighth layer (6, second base), the ninth layer (upper layer, 4), the tenth layer (1, base), or the eleventh layer (lower layer, 4) comprises nanofeatures (2b/3b/5b, concavities) having at least one non-linear surface in at least one direction (annotated Figure 4b).
Regarding Claim 16, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
FURUIKE further teaches in Figures 13E, the article (Fig. 13E, 14, functional transfer body) claim 1, wherein b2) is present, wherein each of the nanostructured first surface (11, nanostructure) of the first layer (12, functional layer) and the nanostructured first surface (11, nanostructure) of the third layer (10, carrier) comprises a line of nanofeatures (annotated Figure 11B), and wherein the line of nanofeatures (annotated Figure 11B) of the first layer (12, functional layer) cross the line of nanofeatures (annotated Figure 11B) of the third layer (10, carrier) at an angle of 80 to 100 degrees ([0224-0225]). NAWATA further teaches b2) as mapped with the prior art in claim 1.
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Regarding Claim 17, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), an optical information display (liquid crystal display, [0068], [0110]) comprising the article (Fig. 4(a-c), 10, optical device) of claim 1.
Regarding Claim 18, NAWATA as modified by FURUIKE and ERICSON teaches the article of claim 1.
NAWATA further teaches in Figures 4(b), an OLED device (100, optical apparatus) comprising the article (10/20/30, optical device/light emitting device/mirror) of claim 1.
Conclusion
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/SESHA SAIRAMAN SRINIVASAN/Examiner, Art Unit 2812
/CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812