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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments filed 03/05/2026 have been fully considered but they are not persuasive.
The applicant argues Cho does not disclose the limitations as amended in claim 1. The examiner respectfully disagrees. The applicant should note that product-by-process claims are evaluated based on the patentability of the product itself, not the process used to make it. In the instant application, the limitation “a plurality of cutting lines configured to indicate a line capable of cutting the base layer along a non-intersecting path relative to the plurality of signal lines, such that the reflective color conversion film is physically reconfigurable into multiple sub-films while maintaining functionality of remaining unit panels without cutting the signal lines, wherein at least a first signal line and a second signal line among the plurality of signal lines are connected to one unit panel among the plurality of unit panels, and wherein at least one of the plurality of cutting lines extends from a region between the first signal line and the second signal line to pass through the one unit panel such that cutting the one unit panel along the at least one cutting line separates the one unit panel into a remaining portion and a cut portion, and such that the remaining portion remains connected to the first signal line and remains electrically addressable, while the cut portion of the one unit panel does not remain connected to the first signal line” is a product by process claim. In other words, Cho (figures 18a-32) discloses a reflective color conversion film as claimed including a plurality of cutting lines (figure 25) configured to indicate a line capable of cutting the base layer along anon-intersecting path relative to the plurality of signal lines, such that the reflective color conversion film is physically reconfigurable into multiple sub-films while maintaining functionality of remaining unit panels without cutting the signal lines (along vertical or horizontal directions; figures 18 and 25), wherein at least a first signal line and a second signal line among the plurality of signal lines (first and second gate lines 83 or first and second signal lines 85) are connected to one unit panel among the plurality of unit panels, and wherein at least one of the plurality of cutting lines extends from a region between the first signal line and the second signal line to pass through the one unit panel such that cutting the one unit panel along the at least one cutting line separates the one unit panel into a remaining portion and a cut portion, and such that the remaining portion remains connected to the first signal line and remains electrically addressable, while the cut portion of the one unit panel does not remain connected to the first signal line (the cutting lines can be in between the first and second gate lines 83 or the first and second signal lines 85).
“A plurality of cutting lines configured to indicate a line capable of cutting the base layer along a non-intersecting path relative to the plurality of signal lines, such that the reflective color conversion film is physically reconfigurable into multiple sub-films while maintaining functionality of remaining unit panels without cutting the signal lines, wherein at least a first signal line and a second signal line among the plurality of signal lines are connected to one unit panel among the plurality of unit panels, and wherein at least one of the plurality of cutting lines extends from a region between the first signal line and the second signal line to pass through the one unit panel such that cutting the one unit panel along the at least one cutting line separates the one unit panel into a remaining portion and a cut portion, and such that the remaining portion remains connected to the first signal line and remains electrically addressable, while the cut portion of the one unit panel does not remain connected to the first signal line” is a product by process claim. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP §2113.
The claim language therefore does not patentably distinguish over the applied reference[s], and the previous rejections are maintained.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (JP 2000-267135) in view of Kwon et al. (US 2018/0267382).
Regarding claim 1, Cho (figures 18a-32) discloses a reflective color conversion film comprising:
a base layer (portion of substrate 10) and cuttable material;
a plurality of individually formed and electrically addressable unit panels (12a-12d) disposed on the base layer and configured to reflect light incident from outside, thereby displaying a color (table 2), each of the plurality of unit panels being physically separated from adjacent unit panels by a predetermined gap (figure 25);
a plurality of signal lines (85) formed on the base layer and connected to the plurality of unit panels, to transmit a control signal for control of color change of the unit panels, each of the plurality of signal lines being routed exclusively through at least one of the predetermined gapes without overlapping any of the unit panels (85 and 12a-12d); and
a plurality of cutting lines (figure 25) configured to indicate a line capable of cutting the base layer along anon-intersecting path relative to the plurality of signal lines, such that the reflective color conversion film is physically reconfigurable into multiple sub-films while maintaining functionality of remaining unit panels without cutting the signal lines (along vertical or horizontal directions; figures 18 and 25),
wherein at least a first signal line and a second signal line among the plurality of signal lines (first and second gate lines 83 or first and second signal lines 85) are connected to one unit panel among the plurality of unit panels, and
wherein at least one of the plurality of cutting lines extends from a region between the first signal line and the second signal line to pass through the one unit panel such that cutting the one unit panel along the at least one cutting line separates the one unit panel into a remaining portion and a cut portion, and such that the remaining portion remains connected to the first signal line and remains electrically addressable, while the cut portion of the one unit panel does not remain connected to the first signal line (the cutting lines can be in between the first and second gate lines 83 or the first and second signal lines 85).
“A plurality of cutting lines configured to indicate a line capable of cutting the base layer along a non-intersecting path relative to the plurality of signal lines, such that the reflective color conversion film is physically reconfigurable into multiple sub-films while maintaining functionality of remaining unit panels without cutting the signal lines, wherein at least a first signal line and a second signal line among the plurality of signal lines are connected to one unit panel among the plurality of unit panels, and wherein at least one of the plurality of cutting lines extends from a region between the first signal line and the second signal line to pass through the one unit panel such that cutting the one unit panel along the at least one cutting line separates the one unit panel into a remaining portion and a cut portion, and such that the remaining portion remains connected to the first signal line and remains electrically addressable, while the cut portion of the one unit panel does not remain connected to the first signal line” is a product by process claim. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP §2113.
Cho discloses the limitations as shown in the rejection of claim 1 above. However, Cho is silent regarding a base layer formed of a flexible material. Kwon et al. (figures 1-5) teaches a base layer formed of a flexible material (see at least paragraph 0044). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers as taught by Kwon et al. in order to achieve a reflective display device for visible light and infrared camouflage.
Regarding claim 2, Cho (figures 18a-32) discloses wherein the plurality of unit panels is configured such that all unit panels disposed on the base layer have a same shape, or is configured such that unit panels having various shapes are mixed.
Regarding claim 3, Cho (figures 18a-32) discloses a slit formed through cutting of a portion of the reflective color conversion film along a portion of one of the cutting lines, to separate the unit panels disposed at opposite sides of the cutting line from each other (when the panels are cut along cutting line).
Regarding claim 4, Cho (figures 18a-32) discloses a blank formed through cutting of a portion of the reflective color conversion film along a portion of one of the cutting lines, to remove a predetermined area of the reflective color conversion film such that an empty space is formed (after the panels are cut).
Regarding claim 6, Cho (figures 18a-32) discloses wherein the cutting lines and the signal lines are radially disposed without intersecting each other (25 and 12a-12d).
Regarding claim 7, Cho discloses the limitations as shown in the rejection of claim 1 above. However, Cho is silent regarding wherein the base layer and the signal lines are formed of a transparent and stretchable material such that a field of view is provided among the plurality of unit panels. Kwon et al. (figures 1-5) teaches wherein the base layer and the signal lines are formed of a transparent and stretchable material such that a field of view is provided among the plurality of unit panels (see at least paragraph 0044). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers as taught by Kwon et al. in order to achieve a reflective display device for visible light and infrared camouflage.
Regarding claim 8, Cho (figures 18a-32) discloses wherein: each of the unit panels comprises: a first electrode layer formed on the base layer; a color layer formed on the first electrode layer and configured to reflect light incident from the outside, thereby displaying a color; and a second electrode layer formed on the color layer; and one or both of the first electrode layer and the second electrode layer comprises a plurality of unit electrodes formed to have a predetermined shape and disposed to be spaced apart from one another by a predetermined distance, thereby determining a shape of the unit panel (figure 9).
Regarding claim 9, Cho discloses the limitations as shown in the rejection of claim 8 above. However, Cho is silent regarding capsules. Kwon et al. (figures 1-5) teaches wherein: the color layer is formed to have: a structure in which a plurality of capsules each comprising first particles having a first color, second particles having a second color, and a fluid allowing the first particles and the second particles to be movable is aligned in a form of a single layer by a binder; or a structure in which each of a plurality of cells partitioned by a partition comprises first particles having a first color, second particles having a second color, and a fluid allowing the first particles and the second particles to be movable; and the first particles and the second particles are moved by an electric field formed between the first electrode layer and the second electrode layer (see at least paragraph 0058). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers as taught by Kwon et al. in order to achieve a reflective display device for visible light and infrared camouflage.
Regarding claim 10, Cho (figures 18a-32) discloses wherein, two or more of the signal lines are connected to one of the unit panels, one or more of the cutting lines corresponding to the unit panel are formed to pass through the unit panel without intersecting the cutting lines.
Regarding claim 11, Cho (figures 18a-32) discloses wherein each of the cutting lines is formed, at one end or both ends thereof, with a hole indicating a start or end of the cutting line.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cho (JP 2000-267135)in view of Egnew (US 6,499,141).
Regarding claim 5, Cho discloses the limitations as shown in the rejection of claim 1 above. However, Cho is silent regarding a flap formed through cutting of a portion of the reflective color conversion film along a portion of one of the cutting lines, to surround a predetermined number of unit panels. Egnew (figures 1-5) teaches produce flaps and holes simulating the appearance of natural vegetation at a distance (see at least column 1, lines 50-67). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layers as taught by Egnew in order to achieve camouflaged clothing generally to be used by sportspersons, hunters, photographers, and others observing wildlife in their natural environment. Therefore, an increase in profitability is achieved. Cho as modified by Egnew teaches a flap formed through cutting of a portion of the reflective color conversion film along a portion of one of the cutting lines, to surround a predetermined number of unit panels.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN NGUYEN/Primary Examiner, Art Unit 2871
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