Prosecution Insights
Last updated: April 19, 2026
Application No. 18/244,897

OPTICAL FILM AND DISPLAY DEVICE

Final Rejection §103
Filed
Sep 11, 2023
Examiner
BRIGGS, NATHANAEL R
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Toppan Inc.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
811 granted / 1067 resolved
+8.0% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
35 currently pending
Career history
1102
Total Applications
across all art units

Statute-Specific Performance

§103
56.8%
+16.8% vs TC avg
§102
34.3%
-5.7% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1067 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yabuki (US 6,307,671) in view of Jeong (KR20190109988A, translation previously attached), in further view of Ikuhara (JP2002071940A; translation previously attached), and in further view Kim et al. (US 2023/0244140). Regarding claim 1, Yabuki discloses an optical film (see figures 1C and 2D, for instance), comprising: a transparent substrate (1); a colored layer (2) comprising one or more layers that contain a colorant, the colored layer being arranged to overlap with the transparent substrate; and one or more functional layers (at least 3, 4, 5, 6, 7, see figure 1C) arranged to face a surface of the colored layer (2) opposite to that facing the transparent substrate (1), wherein the colored layer contains a first colorant material in which a maximum absorption wavelength is in a range of 470 nm or more and 530 nm or less and a half width of an absorption spectrum thereof is 15 nm or more and 45 nm or less (column 70, lines 50-52), a second colorant material in which a maximum absorption wavelength is in a range of 560 nm or more and 620 nm or less and a half width of an absorption spectrum thereof is 15 nm or more and 55 nm or less (column 70, lines 48-50), and a third colorant material in which in a wavelength range of 400 nm to 780 nm, a wavelength at which a transmittance is lowest is in a range of 650 nm or more and 780 nm or less (column 71, lines 24-27), the one or more functional layers (3, column 6, lines 34-35) include an ultraviolet absorption layer that has an ultraviolet shielding rate of 85% or more (see figure 4, see also column 81, lines 1-5), and a hard coating layer on the surface of the optical film (column 2, lines 11-15). However, Yabuki does not expressly disclose wherein a surface of the optical film has a pencil hardness of H or more at a load of 500 g, and each of values a* and b* of a hue of the optical film that are defined by the following formulas (1) to (9) is in a range from −5 to +5 inclusive: PNG media_image1.png 204 676 media_image1.png Greyscale PNG media_image2.png 714 624 media_image2.png Greyscale where λ is a variable representing a wavelength, and t is a variable representing a ratio of X, Y, and Z to Xn, Yn, and Zn, respectively, the values a* and b* calculated from the formulas (1) to (3) are calculated according to a calculation method for a CIE 1976 L*a*b*color space, which is a CIELAB color space, in the formulas (1) and (2), Xn, Yn, and Zn are tristimulus values at a white point of illuminant D65, in the formula (4), RE (λ) is a function representing a reflectance [%] of a perfect reflecting diffuser, which is 100% at each wavelength, R2 (λ) is a function representing a surface reflectance [%] of an outermost surface of the optical film facing away from the transparent substrate, and T (λ) is a function representing a transmittance [%] of the optical film, in the formula (6) to (9), PD65 (λ) is an illuminant D65 spectrum, and x (λ), y (λ), and z (λ) are CIE 1931 2° color-matching functions, and each definite integral in the formulas (6) to (9) is obtained by appropriate numerical integration, and the numerical integration is performed at a wavelength interval of, for example, 1 nm, or wherein each of the first colorant, the second colorant and the third colorant is selected from the group consisting of a compound having a porphyrin structure, a compound having a pyrromethene structure, a compound having a phthalocyanine structure, and a compound having a squarylium structure, and wherein the first colorant, the second colorant and the third colorant are the only colorants in the colored layer. Ikuhara discloses an optical film (see figure 2, for instance), wherein a surface of the optical film has a pencil hardness of H or more at a load of 500 g (page 22, paragraph 7, of attached translation, “According to the hard coat layer formulation of the present invention, excellent surface hardness can be obtained without adverse effects such as cracking of the hard coat layer and peeling off from the plastic support. For example, a hardness of 4H or more can be easily achieved in a pencil hardness test. The test is carried out using a test pencil specified by JIS-S-6006 and according to a pencil hardness evaluation method specified by JIS-K-5400. The value of the evaluation result is a value of pencil hardness at which no flaw is observed at a load of 9.8 N.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain a surface hardness as taught by Ikuhara in the device of Yabuki. The motivation for doing so would have been to obtain an excellent surface hardness can be obtained without adverse effects such as cracking of the hard coat layer and peeling off from the plastic support, as taught by Ikuhara (page 11, paragraph 7, of the attached translation). Jeong discloses an optical film, wherin each of values a* and b* of a hue of the optical film that are defined by the preceding formulas (1) to (9) is in a range from −5 to +5 inclusive (see attached translation page 12, paragraph 5, “an absolute value of each of a * and b * is 2 or less”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to tune the hue values of the colorant layers as Jeong in the device of Yabuki. The motivation for doing so would have been to obtain an optical display device having an improved appearance by increasing the black color of the screen when the reflection color is improved and not driven, to obtain high color reproducibility and excellent reliability, as taught by Jeong (page 16, paragraph 2, of the attached translation). Kim discloses an optical film (see figure 1, for instance), wherein each of the first colorant, the second colorant and the third colorant ([0078]-[0080]) is selected from the group consisting of a compound having a porphyrin structure, a compound having a pyrromethene structure, a compound having a phthalocyanine structure ([0080]), and a compound having a squarylium structure, and wherein the first colorant, the second colorant and the third colorant are the only colorants in the colored layer (since phthalocyanine is exclusively used as the colorant in the color filter layer, [0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to phthalocyanine-based compound as the colorant of the colorant layers as Kim in the device of Yabuki. The motivation for doing so would have been to manufacture a display having excellent color characteristics such as luminance, with high color coordinates with improved reliability including coloring properties, luminance characteristics and chemical resistance, as taught by Kim ([0080]-[0081]). Regarding claim 2, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the colored layer (2) does not contain a dye having a main absorption wavelength range in a wavelength range of 390 to 435 nm. Regarding claim 3, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the ultraviolet absorption layer comprises a cured film of a composition containing an energy ray-curable compound, a photopolymerization initiator, and an ultraviolet absorber, an absorption wavelength range in an ultraviolet region of the photopolymerization initiator is different from an absorption wavelength range in the ultraviolet region of the ultraviolet absorber, and an absorption wavelength range in the ultraviolet region of the ultraviolet absorption layer is a range of 290 nm or more and 370 nm or less (column 8, lines 1-67). Regarding claim 4, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the one or more functional layers include a low refractive index layer (4) that has a lower refractive index than the ultraviolet absorption layer (3), and the low refractive index layer is laminated on a surface of the ultraviolet absorption layer opposite to that facing the colored layer. Regarding claim 5, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the one or more functional layers further include an antiglare layer (column 73, lines 20-24), and the ultraviolet absorption layer and the antiglare layer are provided in this order in a direction from the transparent substrate toward the colored layer. Regarding claim 6, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the ultraviolet absorption layer is an antiglare layer that contains an ultraviolet absorber (column 7, lines 11-20). Regarding claim 7, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the one or more functional layers further include at least one of an antistatic layer that contains an antistatic agent and an antifouling layer that has water repellency (column 73, lines 31-67). Regarding claim 8, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the colored layer contains at least one of a radical scavenger, a peroxide decomposer, and a singlet oxygen quencher (column 72, lines 1-10). Regarding claim 9, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 8, wherein the colored layer contains, as the radical scavenger, a hindered amine light stabilizer having a molecular weight of 2,000 or more (column 72, lines 1-10). Regarding claim 10, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 8, wherein the colored layer contains, as the singlet oxygen quencher, any of a dialkyl phosphate, dialkyl dithiocarbamate, benzenedithiol, and transition metal complexes thereof (column 72, lines 1-10). Regarding claim 12, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the optical film of claim 1, wherein the one or more functional layers (3, 4, 5, 6, 7) include a layer that has an oxygen permeability of 10 cc/m2 day atm or less. Regarding claim 13, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses a display device, comprising: a light source; and the optical film according to claim 1 (column 1, lines 22-40). Regarding claim 14, Yabuki in view of Jeong in further view of Ikuhara and in further view of Kim discloses the display device of claim 13, wherein the light source includes a plurality of light emitting elements that emit light based on an image signal (column 1, lines 22-40). 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 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 NATHANAEL R BRIGGS whose telephone number is (571)272-8992. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm. 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 at (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. /NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 3/23/2026
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Prosecution Timeline

Sep 11, 2023
Application Filed
Dec 01, 2025
Non-Final Rejection — §103
Feb 18, 2026
Response Filed
Mar 23, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.5%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 1067 resolved cases by this examiner. Grant probability derived from career allow rate.

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