DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s amendment dated 07/22/2025 has been received and entered. Claims 18-33 are pending in the application.
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.
Claims 18-22 and 29-33 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s admitted prior art (APA), Figures 1-3, in view of Applicant’s submitted prior art, Lo et al., US 2009/0169806 A1.
Regarding claims 18 and 29-31, APA discloses an electrowetting optical element configured for enabling powering of a first electrode layer 13 and a second electrode layer 11 for rearranging a polar liquid 21 relative to a non-polar liquid 20 on a hydrophobic first interface surface 15 of an insulating layer 14, the electrowetting optical element comprising:
. a first electrode layer stack comprising a substrate 12, the first electrode layer 13, and the insulating layer 14 having the hydrophobic first interface surface15
. a second electrode layer stack comprising a superstrate 10, and the second electrode layer 11 having a hydrophobic second interface surface having a lower hydrophobicity than the hydrophobic first interface surface ([0006])
. one or more cell walls 16
. a containment space formed between the hydrophobic first interface surface of the first electrode layer stack and the hydrophobic second interface surface of the second electrode layer stack, and the one or more cell walls defining sides of the containment space (figs 1-3)
. the containment space containing at least a polar liquid 21 and a non-polar liquid 20, wherein the polar liquid and the non-polar liquid are immiscible with each other,
. wherein each of the one or more cell walls are fixedly mounted on the hydrophobic second interface surface of the second electrode layer stack and extend towards the first electrode layer; and wherein an end face of each of the one or more cell walls, opposite and facing the first electrode layer stack (figs 1-3)
APA, however, does not disclose comprises the end face of each of the one or more cell walls, opposite and facing the first electrode layer stack comprising a hydrophilic surface. Lo et al. do disclose a cell wall 240a having one end that opposite and faced a first electrode layer stack (100/110/120/130) comprises a hydrophilic surface 140. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a hydrophilic surface over one end of the APA’s cell wall, as shown by Lo et al. to prevent overflow of a nonpolar liquid layer to neighboring pixel areas when a display is flexed ([0033]).
Re claim 19, wherein the one or more cell walls 16 are fixedly mounted on the hydrophobic second interface surface 17 and extend with a free end thereof towards the first electrode layer 19, and wherein the one or more cell walls have a height that at least extends beyond a maximum distance between the hydrophobic second interface surface and the interface between the polar and the non-polar liquid in a disabled powering modus of the first electrode layer and the second electrode layer (figs 1-3).
Re claim 20, wherein a height of the one or more cell walls extending from the hydrophobic second interface surface corresponds with a distance between the hydrophobic first and second interface surfaces (figs 1-3).
Re claim 21, wherein the end face of each of the one or more cell walls forming a top surface of a cell wall loosely contacts the hydrophobic first interface surface (figs 1-3).
Re claim 22, wherein the end face of each of the one or more cell walls forming a top surface of a cell wall contacts the hydrophobic first interface surface thereby forming a sealing contact between the top surface of the cell wall and the hydrophobic first interface surface for sealing the polar and the non-polar liquids within the containment space (figs 13).
Re claims 32-33, since the method of manufacturing the device is merely a list of forming each component and each component must be formed to make the device, the method of manufacturing would be inherent to the device.
Claims 23-28 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s admitted prior art (APA), Figures 1-3, in view of Applicant’s submitted prior art, Lo et al., US 2009/0169806 A1, further in view of Kim et al., US 2013/0301105 A1.
Re claims 23-26 and 28, the modification to APA disclosed the claimed invention as described above except for one or more cell walls comprise a compressible compound or an expandable compound (e.g., porous structure) in a top part of the one or more cell walls. Kim et al. do disclose a cell wall including a porous material ([0015]). Therefore, It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to employ the APA’s cell wall comprising a compressible compound or an expandable compound, as shown by Kim et al., to obtain a hydrophilicity and elasticity property purposes.
Re claim 27, wherein the liquid is the polar liquid (APA’s polar liquid 21).
Response to Arguments
Applicant's arguments filed 07/22/2025 have been fully considered but they are not persuasive.
Applicant’s only argument is that Lo neither teaches nor suggests modifying the actual liquid- containment wall (i.e., separator 140) to include a hydrophilic end face, nor does Lo suggest mounting such a structure in the specific manner, as so the combination of APA and Lo et at. rejection under 35 U.S.C. § 103 is improper hindsight.
The Examiner respectfully disagrees with Applicant’s viewpoint. The modification to APA’s electrowetting optical element would not be replaced the APA’s cell wall 16 by the Lo et al. protruding spacer 240a; it is just taken an advantage of the Lo et al. hydrophilic separator 140 which is formed at the end of the protruding spacer 240a, e.g., prevent overflow of a nonpolar liquid layer to neighboring pixel areas (Lo et al., fig. 1B, [0033]) applying to the APA’s optical element to result the claimed structure of cell walls fixing mounted on the hydrophobic interface surface of the electrode layer stack and extend towards the first electrode layer as claimed as well. In other words, the such combination of the APA and Lo et al. is proper and it was within the level of ordinary skill before the effective filing of the claimed invention was made.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG T NGUYEN whose telephone number is (571)272-2297. The examiner can normally be reached 8:00 - 5:00.
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, Jennifer Carruth can be reached on 571-272-9791. 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.
/DUNG T NGUYEN/Primary Examiner, Art Unit 2871
Prosecution Insights