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 .
Specification
The use of the term Isopar M, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-14, 16-20, 24, and 26-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “a side surface connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface and a second side surface opposite the first side surface, the first side surface and the second side surface each being inclined in a same direction, the first side surface having a different inclination angle from the second side surface.” However, it is unclear how “a side surface” can have “a first side surface and a second side surface opposite the first side surface” as “a side surface” appears to be a single surface. Moreover, it is unclear how the side surfaces can be “inclined in a same direction” and having different inclination angles or opposite surfaces. Specifically, different inclination angles would require the surfaces to be inclined in different directions.
For the purposes of examination, any structure having an inclined side surface connecting the upper surface and lower surface will be interpreted as reading on the claimed limitation.
Claims 12-14, 16-20, 24, and 26-32 are rejected as being dependent upon claim 11 and failing to cure the deficiencies of the rejected base claim.
Claim 14 recites that “the dispersion liquid includes a solvent having a dielectric constant (ε) greater than 2.1 and less than or equal to 3 or less.” However, it is unclear how the solvent can have a permittivity of “greater than 2.1 and less than or equal to 3 or less” as it is unclear if the claim is intended to recite that the dielectric constant is less than some value greater than 2.1 to 3 or if the claim is intended to recite bounds of the permittivity. For the purposes of examination the claimed limitation will be interpreted as requiring a solvent having a permittivity of between 2.1 and 3.
Claim 27 recites that “a length in a first direction and a width in a second direction is smaller than that of at least one of the first substrate and the second substrate.” However, it is unclear how a “length” or a “width” can be smaller than the first substrate or the second substrate. It is unclear if the length or width should be smaller than a length, a width, or a height of the first and second substrate, a distance separating the substrates, or some other value. For the purposes of examination, any optical conversion part having a dimension smaller than a dimension of either substrate will be interpreted as reading on the claimed invention.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-14, 16-20, 24, and 26-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi (Japanese Pub. No. JP 2015-102846). All citations to Takeuchi are directed to the English machine translation of the Japanese document, provided as a reference.
Regarding claim 11, Takeuchi teaches an optical path control member comprising:
a first substrate (10) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069);
a first electrode (12) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069);
an optical conversion part (30, 50) disposed on the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076);
a second substrate (20) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070);
a second electrode (21) disposed under the second substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070); and
an adhesive layer (22) disposed between the optical conversion part and the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070),
wherein the optical conversion part includes a partition part (50) and an accommodation part (30) alternately disposed (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076),
wherein the accommodation part includes:
a dispersion liquid (32) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076);
optical conversion particles (33, 34) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076);
an upper surface adjacent to the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076);
a lower surface adjacent to the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); and
a side surface (51, 52, 53, 54) connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface (51a, 52a, 53a, 54a) and a second side surface (51b, 52b, 53b, 54b) opposite the first side surface, the first side surface and the second side surface each being inclined in a same direction, the first side surface having a different inclination angle from the second side surface (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178),
wherein the accommodation part has a light transmittance that changes according to application of voltage (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076), and
wherein the dispersion liquid includes a solvent having a dielectric constant (ε) of 10 or less (See e.g. Figs. 2-3, 9, 14, and 21; Paragraph 0071 – Takeuchi teaches the use of silicone oil known to have the claimed dielectric constant).
Regarding claim 12, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 5 or less (See e.g. Figs. 2-3, 9, 14, and 21; Paragraph 0071 – Takeuchi teaches the use of silicone oil known to have the claimed dielectric constant).
Regarding claim 13, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 3 or less (See e.g. Figs. 2-3, 9, 14, and 21; Paragraph 0071 – Takeuchi teaches the use of silicone oil known to have the claimed dielectric constant).
Regarding claim 14, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) greater than 2.1 and less than or equal to 3 or less (See e.g. Figs. 2-3, 9, 14, and 21; Paragraph 0071 – Takeuchi teaches the use of silicone oil known to have the claimed dielectric constant).
Regarding claim 16, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the dispersion liquid includes one or more solvents (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0071 and 0076).
Regarding claim 17, Takeuchi teaches the optical path control member of claim 14, as above.
Takeuchi further teaches that the dispersion liquid includes a polar solvent (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0071 and 0076).
Regarding claim 18, Takeuchi teaches the optical path control member of claim 17, as above.
Takeuchi further teaches that the dispersion liquid further includes a non-polar solvent (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0071 and 0076).
Regarding claim 19, Takeuchi teaches the optical path control member of claim 17, as above.
Takeuchi further teaches that the polar solvent includes a solvent having a dielectric constant of 10 or less (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0071 and 0076).
Regarding claim 20, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the dispersion liquid includes a mixture of solvents having mutually different dielectric constants (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0071 and 0076).
Regarding claim 24, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the first substrate includes a first protrusion (51, 52, 53, 54), and wherein the second substrate includes a second protrusion (51, 52, 53, 54) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 26, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that the optical conversion particles include carbon black particles (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058, 0066, and 0075).
Regarding claim 27, Tam teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that a length in a first direction and a width in a second direction of the optical conversion part is smaller than that of at least one of the first substrate and the second substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076).
Regarding claim 28, Takeuchi teaches the optical path control member according to claim 11, as above.
Takeuchi further teaches a display device comprising: a display panel; and the optical path control member according to claim 11 disposed on the display panel (See e.g. Figs. 1-22; Paragraphs 0058-0059 and 0072-0076).
Regarding claim 29, Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that a first interior angle between the lower surface and the first side surface has a first obtuse angle, wherein a second interior angle between the lower surface and the second side surface has a first acute angle, wherein a third interior angle between the upper surface and the first side surface has a second acute angle, and wherein a fourth interior angle between the upper surface and the second side surface and a second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 30, Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first obtuse angle is different from the second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 31, Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first acute angle is different from the second acute angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 32, Takeuchi teaches the optical path control member of claim 24, as above.
Takeuchi further teaches that the first protrusion and the second protrusion each protrude in different directions (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
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.
Claim(s) 11-14, 16-20, 24, and 26-32 is/are additionally rejected under 35 U.S.C. 103 as being unpatentable over Tam et al. (U.S. PG-Pub No. 2007/0268563; hereinafter – “Tam”) in view of Takeuchi.
Regarding claim 11, Tam teaches an optical path control member comprising:
a first substrate (55, 56, or “absorptive backpane” not shown) (See e.g. Figs. 1-11; Paragraphs 0041, 0044-0045, and 0089-0090);
a first electrode (10) disposed on the first substrate (See e.g. Figs. 1-11; Paragraphs 0023 and 0026-0027);
an optical conversion part (30, 40) disposed on the first electrode (See e.g. Figs. 1-11; Paragraph 0024);
a second substrate disposed on the first substrate (55, 56, or “color filter” not shown) (See e.g. Figs. 1-11; Paragraphs 0041, 0044-0045, and 0091);
a second electrode (20) disposed under the second substrate (See e.g. Figs. 1-11; Paragraphs 0023 and 0026-0027); and
an adhesive layer disposed between the optical conversion part and the second electrode (Paragraphs 0033, 0036, 0047, 0060-0061, 0086-0088),
wherein the optical conversion part includes a partition part (40) and an accommodation part (30) alternately disposed (See e.g. Figs. 1-11; Paragraph 0024),
wherein the accommodation part includes:
a dispersion liquid (31);
optical conversion particles (30) (See e.g. Figs. 1-11; Paragraph 0024);
an upper surface adjacent to the second electrode (See e.g. Figs. 1-11; Paragraphs 0023-0027);
a lower surface adjacent to the first electrode (See e.g. Figs. 1-11; Paragraphs 0023-0027); and
a side surface connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface and a second side surface opposite the first side surface (See e.g. Figs. 1-11; Paragraphs 0023-0027),
wherein the accommodation part has a light transmittance that changes according to application of voltage (See e.g. Figs. 1-11; Paragraphs 0023-0025), and
wherein the dispersion liquid includes a solvent having a dielectric constant (ε) of 10 or less (Paragraphs 0096-0109 – Tam teaches the use of various fluids known to have the claimed dielectric constant).
Further, regarding the claimed permittivity, Tam teaches a solvent of the same composition as the claimed solvent. It has been held that 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 anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Thus, Tam’s disclosed solvents anticipate the claimed solvent.
Tam fails to explicitly disclose that the first side surface and the second side surface are each inclined in a same direction, the first side surface having a different inclination angle from the second side surface.
However, Takeuchi teaches an electrophoretic display device comprising a first substrate (10) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069); a first electrode (12) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069); an optical conversion part (30, 50) disposed on the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076); a second substrate (20) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070); a second electrode (21) disposed under the second substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070); and an adhesive layer (22) disposed between the optical conversion part and the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070), wherein the optical conversion part includes a partition part (50) and an accommodation part (30) alternately disposed (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076), wherein the accommodation part includes: a dispersion liquid (32) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); optical conversion particles (33, 34) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); an upper surface adjacent to the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); a lower surface adjacent to the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); and a side surface (51, 52, 53, 54) connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface (51a, 52a, 53a, 54a) and a second side surface (51b, 52b, 53b, 54b) opposite the first side surface, the first side surface and the second side surface each being inclined in a same direction, the first side surface having a different inclination angle from the second side surface (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Takeuchi teaches these inclined side surfaces such that “unevenness in the concentration of the electrophoretic particles filled in the plurality of cells is suppressed, and a uniform display, that is, a high-quality display, can be provided” (Paragraphs 0012 and 0016) and “so that the first side wall is less likely to obstruct the flow of the dispersion medium containing the electrophoretic particles” and “in order to reduce the area of the partition (the area of the non-display region)” (Paragraph 0019).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical path control member of Tam with the inclined side surfaces of Takeuchi such that “unevenness in the concentration of the electrophoretic particles filled in the plurality of cells is suppressed, and a uniform display, that is, a high-quality display, can be provided” and “so that the first side wall is less likely to obstruct the flow of the dispersion medium containing the electrophoretic particles” and “in order to reduce the area of the partition (the area of the non-display region),” as taught by Takeuchi (Paragraphs 0012, 0016, and 0019), and since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 12, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 5 or less (Paragraphs 0096-0109 – Tam teaches the use of various fluids known to have the claimed dielectric constant).
Further, regarding the claimed dielectric constant, Tam teaches a solvent of the same composition as the claimed solvent. It has been held that 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 anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Thus, Tam’s disclosed solvents anticipate the claimed solvent.
Regarding claim 13, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 3 or less (Paragraphs 0096-0109 – Tam teaches the use of various fluids known to have the claimed dielectric constant).
Further, regarding the claimed dielectric constant, Tam teaches a solvent of the same composition as the claimed solvent. It has been held that 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 anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Thus, Tam’s disclosed solvents anticipate the claimed solvent.
Regarding claim 14, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) greater than 2.1 to 3 or less (Paragraphs 0096-0109 – Tam teaches the use of various fluids known to have the claimed dielectric constant).
Further, regarding the claimed dielectric constant, Tam teaches a solvent of the same composition as the claimed solvent. It has been held that 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 anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Thus, Tam’s disclosed solvents anticipate the claimed solvent.
Regarding claim 16, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the dispersion liquid includes one or more solvents (Paragraphs 0096-0109).
Regarding claim 17, Tam in view of Takeuchi teaches the optical path control member of claim 14, as above.
Tam further teaches that the dispersion liquid includes a polar solvent (Paragraphs 0096-0109).
Regarding claim 18, Tam in view of Takeuchi teaches the optical path control member of claim 17, as above.
Tam further teaches that the dispersion liquid further includes a non-polar solvent (Paragraphs 0096-0109).
Regarding claim 19, Tam in view of Takeuchi teaches the optical path control member of claim 17, as above.
Tam further teaches that the polar solvent includes a solvent having a dielectric constant of 10 or less (Paragraphs 0096-0109).
Regarding claim 20, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the dispersion liquid includes a mixture of solvents having mutually different dielectric constant (Paragraph 0108).
Regarding claim 24, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the first substrate includes a first protrusion and the second substrate includes a second protrusion (See e.g. Figs. 1-11; Paragraphs 0041, 0044-0045, and 0088-0091).
Regarding claim 26, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that the optical conversion particles include carbon black particles (Paragraph 0182).
Regarding claim 27, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Tam further teaches that a length in a first direction and a width in a second direction of the optical conversion part is smaller than that of at least one of the first substrate and the second substrate (See e.g. Figs. 1-11; Paragraphs 0041, 0044-0045, and 0088-0091).
Regarding claim 28, Tam in view of Takeuchi teaches the optical path control member according to claim 11, as above.
Tam further teaches a display device comprising: a display panel; and the optical path control member according to claim 11 disposed on the display panel (See e.g. Figs. 1-17; Paragraphs 0022-023).
Regarding claim 29, Tam in view of Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that a first interior angle between the lower surface and the first side surface has a first obtuse angle, wherein a second interior angle between the lower surface and the second side surface has a first acute angle, wherein a third interior angle between the upper surface and the first side surface has a second acute angle, and wherein a fourth interior angle between the upper surface and the second side surface and a second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 30, Tam in view of Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first obtuse angle is different from the second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 31, Tam in view of Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first acute angle is different from the second acute angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 32, Tam in view of Takeuchi teaches the optical path control member of claim 24, as above.
Takeuchi further teaches that the first protrusion and the second protrusion each protrude in different directions (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Claim(s) 11-14, 16-20, 24, and 26-32 is/are additionally rejected under 35 U.S.C. 103 as being unpatentable over Nakazawa et al. (U.S. PG-Pub No. 2014/0355104; hereinafter – “Nakazawa”) in view of Takeuchi.
Regarding claim 11, Nakazawa teaches an optical path control member comprising:
a first substrate (12) (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0064-0066);
a first electrode (4) disposed on the first substrate (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0067-0068);
an optical conversion part (400) disposed on the first electrode (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061);
a second substrate disposed on the first substrate (1) (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0064-0066);
a second electrode (3) disposed under the second substrate (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0067-0068); and
an adhesive layer (5, 41) disposed between the optical conversion part and the second electrode (See e.g. Figs. 1 and 7-8; Paragraphs 0071-0073, 0142, and 0150-0152),
wherein the optical conversion part includes a partition part (91, 92, 401) and an accommodation part (100) alternately disposed (See e.g. Figs. 1-2 and 7-8; Paragraphs 0074-0080, 0132-0136, and 0141-0145),
wherein the accommodation part includes:
a dispersion liquid (7) (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0082-0087);
optical conversion particles (70) (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0082-0087);
an upper surface adjacent to the second electrode (See e.g. Figs. 1-2 and 7-8; Paragraphs 0074-0080, 0132-0136, and 0141-0145);
a lower surface adjacent to the first electrode (See e.g. Figs. 1-2 and 7-8; Paragraphs 0074-0080, 0132-0136, and 0141-0145); and
a side surface (91, 92, 401) connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface and a second side surface opposite the first side surface, the first side surface having a different inclination angle from the second side surface (See e.g. Figs. 1-2 and 7-8; Paragraphs 0074-0080, 0132-0136, and 0141-0145),
wherein the accommodation part has a light transmittance that changes according to application of voltage (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0082-0087), and
wherein the dispersion liquid includes a solvent having a dielectric constant (ε) of 10 or less (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Nakazawa fails to explicitly disclose that the first side surface and the second side surface are each inclined in a same direction, the first side surface having a different inclination angle from the second side surface.
However, Takeuchi teaches an electrophoretic display device comprising a first substrate (10) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069); a first electrode (12) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0069); an optical conversion part (30, 50) disposed on the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076); a second substrate (20) disposed on the first substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070); a second electrode (21) disposed under the second substrate (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070); and an adhesive layer (22) disposed between the optical conversion part and the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058 and 0070), wherein the optical conversion part includes a partition part (50) and an accommodation part (30) alternately disposed (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0059 and 0072-0076), wherein the accommodation part includes: a dispersion liquid (32) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); optical conversion particles (33, 34) (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); an upper surface adjacent to the second electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); a lower surface adjacent to the first electrode (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0058-0060 and 0072-0076); and a side surface (51, 52, 53, 54) connecting the upper surface and the lower surface, the side surface being in contact with the partition part, the side surface having a first side surface (51a, 52a, 53a, 54a) and a second side surface (51b, 52b, 53b, 54b) opposite the first side surface, the first side surface and the second side surface each being inclined in a same direction, the first side surface having a different inclination angle from the second side surface (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Takeuchi teaches these inclined side surfaces such that “unevenness in the concentration of the electrophoretic particles filled in the plurality of cells is suppressed, and a uniform display, that is, a high-quality display, can be provided” (Paragraphs 0012 and 0016) and “so that the first side wall is less likely to obstruct the flow of the dispersion medium containing the electrophoretic particles” and “in order to reduce the area of the partition (the area of the non-display region)” (Paragraph 0019).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical path control member of Nakazawa with the inclined side surfaces of Takeuchi such that “unevenness in the concentration of the electrophoretic particles filled in the plurality of cells is suppressed, and a uniform display, that is, a high-quality display, can be provided” and “so that the first side wall is less likely to obstruct the flow of the dispersion medium containing the electrophoretic particles” and “in order to reduce the area of the partition (the area of the non-display region),” as taught by Takeuchi (Paragraphs 0012, 0016, and 0019), and since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 12, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 5 or less (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 13, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) of 3 or less (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 14, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the dispersion liquid includes a solvent having a dielectric constant (ε) greater than 2.1 to 3 or less (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 16, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the dispersion liquid includes one or more solvents (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 17, Nakazawa in view of Takeuchi teaches the optical path control member of claim 14, as above.
Nakazawa further teaches that the dispersion liquid includes a polar solvent (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 18, Nakazawa in view of Takeuchi teaches the optical path control member of claim 17, as above.
Nakazawa further teaches that the dispersion liquid further includes a non-polar solvent (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 19, Nakazawa in view of Takeuchi teaches the optical path control member of claim 17, as above.
Nakazawa further teaches that the polar solvent includes a solvent having a dielectric constant of 10 or less (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 20, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the dispersion liquid includes a mixture of solvents having mutually different dielectric constant (See e.g. Figs. 1 and 7-8; Paragraphs 0038, 0060-0061, 0082-0087, and 0209).
Regarding claim 24, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the first substrate includes a first protrusion and the second substrate includes a second protrusion (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0064-0066).
Regarding claim 26, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that the optical conversion particles include carbon black particles (Paragraph 0068).
Regarding claim 27, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Nakazawa further teaches that a length in a first direction and a width in a second direction of the optical conversion part is smaller than that of at least one of the first substrate and the second substrate (See e.g. Figs. 1 and 7-8; Paragraphs 0060-0061 and 0064-0066).
Regarding claim 28, Nakazawa in view of Takeuchi teaches the optical path control member according to claim 11, as above.
Nakazawa further teaches a display device comprising: a display panel; and the optical path control member according to claim 11 disposed on the display panel (See e.g. Figs. 1-2, 7-8, and 10-11; Paragraphs 0059-0062 and 0175-0186).
Regarding claim 29, Nakazawa in view of Takeuchi teaches the optical path control member of claim 11, as above.
Takeuchi further teaches that a first interior angle between the lower surface and the first side surface has a first obtuse angle, wherein a second interior angle between the lower surface and the second side surface has a first acute angle, wherein a third interior angle between the upper surface and the first side surface has a second acute angle, and wherein a fourth interior angle between the upper surface and the second side surface and a second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 30, Nakazawa in view of Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first obtuse angle is different from the second obtuse angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 31, Nakazawa in view of Takeuchi teaches the optical path control member of claim 29, as above.
Takeuchi further teaches that the first acute angle is different from the second acute angle (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Regarding claim 32, Nakazawa in view of Takeuchi teaches the optical path control member of claim 24, as above.
Takeuchi further teaches that the first protrusion and the second protrusion each protrude in different directions (See e.g. Figs. 2-3, 9, 14, and 21; Paragraphs 0077-0083, 0093, 0103-0104, 0106, 0117-0120, 0144-0145, 0170-0172, and 0176-0178).
Response to Arguments
Applicant's arguments, see page 6, filed 08/07/2025, regarding the specification objection have been fully considered but they are not persuasive.
Applicant argues that “Applicant has amended the specification in order to correct the deficiencies pointed out by the Examiner.” However, Examiner respectfully disagrees and notes that the amendments to the specification still recite ISOPAR M without including the use of the proper symbol and being accompanied by the generic terminology as required. Thus, the specification objection is maintained.
Applicant’s arguments, see pages 7-11, filed 08/07/2025, with respect to the rejection(s) of claim(s) 11 under 35 U.S.C. 102 have been fully considered but are moot upon further consideration and a new ground(s) of rejection made in view of Takeuchi, as detailed above and necessitated by Applicant’s amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yamazaki (U.S. PG-Pub No. 2016/0291441) teaches an electrophoretic display device having similar side surfaces inclined in a same direction with different inclination angles.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM.
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Nicholas R. Pasko
Primary Examiner
Art Unit 2896
/Nicholas R. Pasko/Primary Examiner, Art Unit 2896