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 Amendment
The amendments to the abstract and specification of the disclosure in the preliminary amendment filed 1/23/2024 are acknowledged and accepted.
The amendments to Claims 16-17 in the preliminary amendment filed 1/23/2024 are acknowledged and accepted.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The originally filed drawings were received on 1/23/2024. The replacement drawings were received on 1/23/2024. These drawings are acceptable.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the following informalities:
Abstract, line 1- ‘The present invention relates to a’ should read ‘A’
Abstract, line 3- ‘comprising’ should read ‘including’.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 14, 16 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 14 recites the limitation "the area" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: Claim 16 fails to positively recite any active process or method steps.
Allowable Subject Matter
Claims 1-13, 15, 17-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a variable transmittance optical stack as generally set forth in Claim 1, the stack including, in combination with the features recited in Claim 1, an in-plane retardation value of the retardation layer ranges from 230 to 280nm, and an optical axis of the retardation layer has a contained angle ranging from 43° to 47°, with respect to an alignment axis of the liquid crystal layer. Claims 2-13, 15, 17-19 are dependent on Claim 1, and hence are allowable for at least the same reasons Claim 1 is allowable.
Claims 14, 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2016-099454 A to Iwamoto.
U.S. Patent Application Publication US 2021/0109392 A1 to Mizusaki.
TW 200815875 A to Fukuda.
CN 100383625 C to Chang.
JP WO2018-221413 A to 齊藤 之人.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNEL C LAVARIAS whose telephone number is (571)272-2315. The examiner can normally be reached M-F 10:30 AM-7 PM.
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ARNEL C. LAVARIAS
Primary Examiner
Group Art Unit 2872
1/14/2026
/ARNEL C LAVARIAS/Primary Examiner, Art Unit 2872
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