Prosecution Insights
Last updated: May 29, 2026
Application No. 18/312,132

LIGHT BEAM DIRECTION CONTROL ELEMENT, DISPLAY DEVICE, AND METHOD FOR DRIVING LIGHT BEAM DIRECTION CONTROL ELEMENT

Non-Final OA §103§112
Filed
May 04, 2023
Priority
May 06, 2022 — JP 2022-076417 +1 more
Examiner
SUMLAR, JOURNEY F
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tianma Japan, Ltd.
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
410 granted / 594 resolved
+1.0% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
28 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
80.5%
+40.5% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/02/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1 and 7 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. Specification The abstract of the disclosure is objected to because the “1” at the top of the page should be deleted. 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). Claim Objections Claim 7 is objected to because of the following informalities: Claim 7 states “ A method for driving a light beam direction control element, the method comprising: in a light beam direction control element including a plurality of light transmissive regions arranged in line in a predetermined direction and sandwiched between a first light transmissive substrate having a first light transmissive electrode and a second light transmissive substrate having a plurality of second light transmissive electrodes and a plurality of third light transmissive electrodes, and a plurality of light absorbing regions sandwiched between the first light transmissive substrate and the second light transmissive substrate and located between the light transmissive regions”. The examiner suggests the following amendment to fix the grammatical errors in independent claim 7: A method for driving a light beam direction control element, the method comprising:, the plurality of light transmissive regions are sandwiched between a first light transmissive substrate and a second light transmissive substrate, the first light transmissive substrate having a first light transmissive electrode, and the second light transmissive substrate having a plurality of second light transmissive electrodes and a plurality of third light transmissive electrodes, wherein a plurality of light absorbing regions are sandwiched between the first light transmissive substrate and the second light transmissive substrate and the plurality of light absorbing regions are located between the light transmissive regions Appropriate correction is required. 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 1-7 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. Regarding claims 1-6, the limitation "one of the second light transmissive electrodes and one of the third light transmission electrodes arranged spaced apart from the one of the second light transmissive electrodes form a pair” in claim 1 is a limitation which renders the claim indefinite. The examiner does understand how the one of the second light transmissive electrodes and one of the third light transmission electrodes both are spaced apart from the one of the second light transmissive electrodes. The examiner questions how can the second light transmissive electrode be spaced from the second light transmissive electrode? For the sake of compact prosecution, the limitation “one of the second light transmissive electrodes and one of the third light transmission electrodes arranged spaced apart from the one of the second light transmissive electrodes form a pair” is understood by the examiner to mean the second light transmissive electrodes and the third light transmission electrodes form a pair of electrodes and the pair of electrodes are spaced apart from the first light transmissive electrode. Regarding claim 7, the limitation " the first light transmissive electrode and a pair of the second light transmissive electrode and the third light transmissive electrode formed by one of the second light transmissive electrodes and one of the third light transmissive electrodes arranged spaced apart from the one of the second light transmissive electrodes” in claim 7 is a limitation which renders the claim indefinite. The examiner does understand what is meant by the phrase “a pair of the second light transmissive electrode and the third light transmissive electrode formed by one of the second light transmissive electrodes and one of the third light transmissive electrodes arranged spaced apart from the one of the second light transmissive electrodes” due to the grammatical errors. The examiner does not understand what is considered the pair. From the limitation, the pair could be a pair of the second light transmissive electrodes or the pair could be the second light transmissive electrodes and the third light transmission electrodes form a pair of electrodes. For the sake of compact prosecution, the limitation “the first light transmissive electrode and a pair of the second light transmissive electrode and the third light transmissive electrode formed by one of the second light transmissive electrodes and one of the third light transmissive electrodes arranged spaced apart from the one of the second light transmissive electrodes” is understood by the examiner to mean the second light transmissive electrodes and the third light transmission electrodes form a pair of electrodes and the pair of electrodes are spaced apart from the first light transmissive electrode. 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 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shiota (US Patent Publication Number 2016/0077364 A1) in view of Shiota (US Patent Publication Number 2020/0124936 A1; hereinafter “Shiota 936”). Shiota teaches, as in independent claim 1, an optical device (Figs. 1A and 8A-11C), comprising: a light beam direction controller (100), and a controller (145, shown in Fig. 45A ¶0073 “a voltage apply control module 145”) to control an angular distribution (see Figs. 9C, 10C and 11C) of light emitted from the light beam direction controller (100), wherein the light beam direction controller (100) includes a first light transmissive substrate (115) having a first light transmissive electrode (125) on a principal surface (surface where 125 contacts 115), a second light transmissive substrate (110) opposed to the first light transmissive substrate (115) and having second light transmissive electrodes (250) and third light transmissive electrodes (270) on a principal surface (surface where 250 and 250 contacts 110) opposed to the principal surface (surface where 125 contacts 115) of the first light transmissive substrate (115), a plurality of light transmitting regions (120) arranged in line in a predetermined direction and sandwiched between the first light transmissive substrate (115) and the second light transmissive substrate (110), a plurality of light absorbing regions (140) located between the light transmitting regions (120), a light transmissive dispersion medium (142) sealingly contained in the light absorbing regions (140), and electrophoretic particles (141) absorbing light (¶0072 “ the light-shieling electrophoretic particles 141”), dispersed in the light transmissive dispersion medium (142), and having a dispersion state (the narrow viewing field mode Fig. 9A and the wide viewing field mode Fig. 11B) changing by applied voltage (¶0073 “a voltage apply control module 145”) and the controller (150), by controlling voltage applied to the electrophoretic particles (141) from the first light transmissive electrode (125), the second light transmissive electrodes (250), and the third light transmissive electrodes (270), causes the electrophoretic particles (141) to localize to the second light transmissive substrate (110) side1 (See Fig.11B wide viewing field mode) and also causes the electrophoretic particles (141) to flow between a space (the space provided in 120) over each of the second light transmissive electrodes (250) and a space over an adjacent one of the third light transmissive electrodes (270). Shiota fails to teach the second light transmissive electrodes and the third light transmission electrodes form a pair of electrodes and the pair of electrodes are spaced apart from the first light transmissive electrode. In a related art, Shiota 936 teaches a light beam direction control element (Figs. 14 and 17) wherein the second light transmissive electrodes (232) and the third light transmission electrodes (242) form a pair of electrodes (¶0089 “The first lower comb electrode 203 is one unseparated transparent conductive film; the teeth 232 and the connector 231 are parts thereof. Each tooth 232 is also referred to as electrode”) and the pair of electrodes (232) are spaced apart from the first light transmissive electrode (212, ¶0089 “The first upper comb electrode 201 is one unseparated transparent conductive film; the teeth 212 and the connector 211 are parts thereof. Each tooth 212 is also referred to as electrode” and ¶0105 “the second lower comb electrode 204 (the teeth 242)”), in each of the light absorbing regions (145B), causes the electrophoretic particles (140) to flow between a space over each of the second light transmissive electrodes (232) forming the pair and a space over an adjacent one of the third light transmissive electrodes (232) forming the pair (¶0116 “the electrophoretic particles 140 disperse between the teeth 212 and 232 and between the teeth 212 and 242”). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the light controlling device, as taught by Shiota, with the pair of electrodes, as taught by Shiota 936, for the purpose of providing a way to easily attain a wide viewable range state or a narrow viewable range state without the bothersome operation of removing/attaching the film (¶0005). Shiota to teaches, as in claim 4, wherein when viewed in plan (Fig. 9B), the light transmitting regions (120) are arranged in a matrix, each of the second light transmissive electrodes (250) and each of the third light transmissive electrodes (270) surround one of the light transmitting regions (120), the light transmitting regions (120) surrounded by second light transmissive electrodes (250) and the light transmitting regions surrounded by the third light transmissive electrodes (270) are alternately arranged (Fig. 9B). Shiota fails to teaches, as in claim 5, a display panel, wherein the light beam direction controller of the light beam direction control element is arranged on a display surface of the display panel. In a related art, Shiota 936 teaches a light beam direction control element (1) comprising a light beam direction controller (¶0155 “a mobile terminal”) and a display panel (¶0156 “the light distribution control panel 10 is disposed on the front of the display panel”), wherein the light beam direction controller (10) of the light beam direction control element (¶0155 “a mobile terminal with a light distribution control panel 10”) is arranged on a display surface of the display panel (¶0156 “the light distribution control panel 10 is disposed on the front of the display panel”). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the light controlling device, as taught by Shiota and Shiota 936, with the pair of electrodes, as taught by Shiota 936, for the purpose of providing a way to easily attain a wide viewable range state or a narrow viewable range state without the bothersome operation of removing/attaching the film (¶0005). Shiota teaches, as in independent claim 7, a method for driving a light beam (Figs. 1A and 8A-11C), direction control element (100), the method comprising, in a light beam direction control element (100) including a plurality of light transmissive regions (120) arranged in line in a predetermined direction and sandwiched between a first light transmissive substrate (115) having a first light transmissive electrode (125) and a second light transmissive substrate (110) having a plurality of second light transmissive electrodes (250) and a plurality of third light transmissive electrodes (270), and a plurality of light absorbing regions (140) sandwiched between the first light transmissive substrate (115) and the second light transmissive substrate (110) and located between the light transmissive regions (120),causing electrophoretic particles (141) dispersed in a dispersion medium (142), being sealingly contained in light absorbing regions (140), to localize to the second light transmissive substrate side (See Fig. 11B “wide viewing field mode”) by controlling voltage (145, shown in Fig. 45A ¶0073 “a voltage apply control module 145”) applied between the second light transmissive electrodes (250) and third light transmissive electrodes (270) in each light absorbing region (140), and causing the electrophoretic particles (141) having been caused to localize to the second light transmissive substrate side2 (250) to flow between a space over each of the second light transmissive electrodes (See Fig. 11B “wide viewing field mode” the space where the particles are arranged) and a space over an adjacent one of the third light transmissive electrodes (270) by controlling voltage applied between the second light transmissive electrode (250) and the third light transmissive electrode (270, ¶0073 “ the electrophoretic particles 141 to cohere the electrophoretic particles 141 in the vicinity of the surface of the first conductive patterns 250 by operating the voltage apply control module 145 (see FIG. 45B). At this time, the second conductive patterns 270 and the transparent conductive film 125 are in a same potential”). Shiota fails to teach the second light transmissive electrodes and the third light transmission electrodes form a pair of electrodes and the pair of electrodes are spaced apart from the first light transmissive electrode. In a related art, Shiota 936 teaches a light beam direction control element (Figs. 14 and 17) wherein the second light transmissive electrodes (232) and the third light transmission electrodes (242) form a pair of electrodes (¶0089 “The first lower comb electrode 203 is one unseparated transparent conductive film; the teeth 232 and the connector 231 are parts thereof. Each tooth 232 is also referred to as electrode”) and the pair of electrodes (232) are spaced apart from the first light transmissive electrode (212, ¶0089 “The first upper comb electrode 201 is one unseparated transparent conductive film; the teeth 212 and the connector 211 are parts thereof. Each tooth 212 is also referred to as electrode” and ¶0105 “the second lower comb electrode 204 (the teeth 242)”), in each of the light absorbing regions (145B), causes the electrophoretic particles (140) to flow between a space (over each of the second light transmissive electrodes (232) forming the pair and a space over an adjacent one of the third light transmissive electrodes (232) forming the pair (¶0116 “the electrophoretic particles 140 disperse between the teeth 212 and 232 and between the teeth 212 and 242”). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the light controlling device, as taught by Shiota, with the pair of electrodes, as taught by Shiota 936, for the purpose of providing a way to easily attain a wide viewable range state or a narrow viewable range state without the bothersome operation of removing/attaching the film (¶0005). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Shiota (US Patent Publication Number 2016/0077364 A1) in view of Shiota (US Patent Publication Number 2020/0124936 A1; hereinafter “Shiota 936”) and in further view of Nakai (US Patent Publication Number 2005/0105161 A1). Shiota and Shiota 936 fail to teach, as in claim 2, wherein the controller applies DC voltage between the first light transmissive electrode and the second light transmissive electrodes and third light transmissive electrodes and also applies AC voltage between each of the second light transmissive electrodes and an adjacent one of the third light transmissive electrodes. In a related art, Nakai teaches wherein the controller (8 & 9, ¶0039 “particles 10, which are charged positive or negative, is controlled by the voltage application from the DC power source 8 and the AC power source 9”), applies DC voltage (8) between the first light transmissive electrode (3) and the second light transmissive electrodes (4A) and third light transmissive electrodes (4B) and also applies AC voltage (9) between each of the second light transmissive electrodes (4A) and an adjacent one of the third light transmissive electrodes (4B). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the light controlling device, as taught by Shiota and Shiota 936, with the light beam direction control element arranged on a display surface, as taught by Nakai, for the purpose of providing a way of suppressing the deterioration of the colored and charged fine particles (¶0006). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shiota (US Patent Publication Number 2016/0077364 A1) in view of Shiota (US Patent Publication Number 2020/0124936 A1; hereinafter “Shiota 936”) and in further view of in view of Sato (US Patent Publication Number 2020/0170087 A1). Shiota and Shiota 936 fails to teach, as in claim 6, a transmission-type liquid crystal display panel, and a backlight arranged on an opposite side to a display surface of the transmission-type liquid crystal display panel and to supply the transmission-type liquid crystal display panel with light, wherein the light beam direction controller of the light beam direction control element is arranged between the transmission-type liquid crystal display panel and the backlight. In a related art, Sato teaches a light beam direction control element (1) comprising a light beam direction controller (10) and a display panel (Fig. 16), an a transmission-type liquid crystal display panel (5, ¶0059 “The display panel 5 can be a liquid crystal display panel”), and a backlight (81) arranged on an opposite side to a display surface of the transmission-type liquid crystal display panel (5) and to supply the transmission-type liquid crystal display panel with light (Fig. 16), wherein the light beam direction controller (2) of the light beam direction control element (2) is arranged between the transmission-type liquid crystal display panel (5) and the backlight (81). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the light controlling device, as taught by Shiota and Sato, with the light beam direction control element arranged on a display surface, as taught by Sato, for the purpose of providing a way to achieve a wide viewable range state and a narrow viewable range state at desired times without a bothersome operation of removing the film (¶0006). Allowable Subject Matter Claim 3 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. The prior art fails to teach all of the limitations of claims 3, which includes wherein frequency of the AC voltage is 0.02 Hz or more and 0.05 Hz or less. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shiota (US Patent Publication Number 2019/0250482 A1) teaches an optical device, comprising: a light beam direction controller, and a controller to control an angular distribution. Shiota (US Patent Publication Number 2019/0100853 A1) teaches an optical device, comprising: a light beam direction controller, and a controller to control an angular distribution. Uno (US Patent Publication Number 2002/0067333 A1) teaches an optical device, comprising: a light beam direction controller, and a controller to control an angular distribution. Johnson (US Patent Publication Number 2005/0275933 A1) teaches an optical device, comprising: a light beam direction controller, and a controller to control an angular distribution. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm. 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, Ricky Mack can be reached at 571-272-2333. 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. JOURNEY F. SUMLAR Examiner Art Unit 2872 30 April 2026 /RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872 1 See the electrophoretic particles in Fig.11B move down towards electrodes 250 and 270 2 See the electrophoretic particles in Fig.11B move down towards electrodes 250 and 270
Read full office action

Prosecution Timeline

May 04, 2023
Application Filed
Jun 18, 2025
Non-Final Rejection mailed — §103, §112
Sep 18, 2025
Response Filed
Jan 02, 2026
Final Rejection mailed — §103, §112
Apr 02, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action
May 06, 2026
Non-Final Rejection mailed — §103, §112 (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
69%
Grant Probability
79%
With Interview (+10.4%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allowance rate.

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