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 .
Notice of Pre-AIA or AIA Status
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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/24/2025, 11/19/2024, 5/2/2024 and 1/12/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 1-20 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “the point or the set of points having shorter distance from the microcell opening (205) than all other points of the protrusion structure (217)” (line 26-28) is vague and renders the claims indefinite. Claim cites that “the protrusion apex (219) being a point or a set of points of the protrusion structure (217)” (line 25-26). So, there should be a plurality of distances from the set of points to the microcell opening (205). It is unclear that cited “shorter distance” refers to which one of the plurality of distances; and it is unclear how to determine the “shorter distance” from the plurality of distances.
Claims 2-18 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Claim 20 has same undefined issues as that of claim 1 in line 11-13.
Regarding claim 19, cited term of “(iii) optionally, a solvent” (line 7-8) is vague and renders the claims indefinite. It does not specify that the solvent is a claimed component or not. All technical features of the independent claims shall not be presented as optional in the description. Terms such as "for example", "may", "can", "exemplary", "optionally", "preferably" and the like should be removed when preceding a feature of an independent claim.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
Allowable Subject Matter
Claims 1 and 19-20 are rejected as having 112 issues, but would be allowable if the 112 rejections are overcome by a proper amendment.
The following is an examiner’s statement of reasons for allowance: The prior art taken singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper.
In regard to independent claims 1 and 19-20, the closest prior art are US 20210072578 of O’Keeffe and US 20110304902 of Yeo et al.
In regard to claims 1 and 19-20, O’Keeffe teaches a variable light transmission device (abstract; fig. 50) comprising:
a first light transmissive electrode layer (202); a second light transmissive electrode layer (207) (fig. 50, 60s on bottom and top portions); and
a microcell layer (203), the microcell layer (203) being disposed between the first light transmissive electrode layer (202) and the second light transmissive electrode layer (207), the microcell layer (203) comprising a plurality of microcells (204) and a sealing layer (206) (fig. 50, 613, 95);
each microcell of the plurality of microcells (204) including an electrophoretic medium (209), the electrophoretic medium (209) comprising electrically charged pigment particles and a charge control agent, in a non-polar liquid (fig. 50, 1006, 20/30, 158/795; also see ¶[0365] --¶[0367]);
each microcell of the plurality of microcells (204) having a microcell opening (205), the sealing layer (206) spanning the microcell openings (205) of the plurality of microcells (204) (fig. 50, 20/30, 95),
each microcell of the plurality of microcells (204) comprising a microcell bottom layer (210), a protrusion structure (217), microcell walls (212), and a channel (215) (fig. 50, 90/60, 158/795, 76, 101),
the microcell bottom layer (210) having a microcell bottom inside surface (211), the microcell bottom inside surface (211) comprising an exposed microcell bottom inside surface (211a) and an unexposed microcell bottom inside surface (211b) (fig. 50, bottom surface with 1006, 101),
the protrusion structure (217) having a protrusion base (218), a protrusion surface (221), a protrusion apex (219), and a protrusion height (220), the protrusion apex (219) being a point or a set of points of the protrusion structure (217), the point or the set of points having shorter distance from the microcell opening (205) than all other points of the protrusion structure (217), the protrusion height (220) being the distance between the protrusion base (218) and the protrusion apex (219), the protrusion surface (221) being the surface of the protrusion structure (217) not including the protrusion apex that is in contact with the electrophoretic medium (209) (fig. 50, 158/795),
the microcell walls (212) having a microcell inside wall surface (213) and a microcell wall upper surface (214), the microcell inside wall surface (213) being the surface of the microcell walls (212) of a microcell that is in contact with the electrophoretic medium (209), the microcell wall upper surface (214) being the surface of the microcell walls (212) of a microcell that is in contact with the sealing layer (206) (fig. 50, 76, 95, 20/30, 158/795),
the channel (215) having a channel height (216), the channel height (216) being 50% of the protrusion height (220) (fig. 50, 11, 101),
the unexposed microcell bottom inside surface (211b) being in contact with the protrusion base (218) (fig. 50, 158/795, 60).
Toe teaches a variable light transmission device (abstract; fig. 10a0 comprising:
a first light transmissive electrode layer (202); a second light transmissive electrode layer (207) (fig. 10a, 402, 412); and
a microcell layer (203), the microcell layer (203) being disposed between the first light transmissive electrode layer (202) and the second light transmissive electrode layer (207), the microcell layer (203) comprising a plurality of microcells (204) and a sealing layer (206) (fig. 10a, 408, 506, 412),
each microcell of the plurality of microcells (204) including an electrophoretic medium (209), the electrophoretic medium (209) comprising electrically charged pigment particles and a charge control agent, in a non-polar liquid (fig. 10a, 408; also see ¶[040] and ¶[0092]),
each microcell of the plurality of microcells (204) having a microcell opening (205), the sealing layer (206) spanning the microcell openings (205) of the plurality of microcells (204) (fig. 10a, 408, 412),
each microcell of the plurality of microcells (204) comprising a microcell bottom layer (210), a protrusion structure (217), microcell walls (212), and a channel (215) (fig. 10a, 506, 508, 410),
the microcell bottom layer (210) having a microcell bottom inside surface (211), the microcell bottom inside surface (211) comprising an exposed microcell bottom inside surface (211a) and an unexposed microcell bottom inside surface (211b) (fig. 10a, bottom surface with 410, 506),
the protrusion structure (217) having a protrusion base (218), a protrusion surface (221), a protrusion apex (219), and a protrusion height (220), the protrusion apex (219) being a point or a set of points of the protrusion structure (217), the point or the set of points having shorter distance from the microcell opening (205) than all other points of the protrusion structure (217), the protrusion height (220) being the distance between the protrusion base (218) and the protrusion apex (219), the protrusion surface (221) being the surface of the protrusion structure (217) not including the protrusion apex that is in contact with the electrophoretic medium (209) (fig. 10a, 506, peak of 506),
the microcell walls (212) having a microcell inside wall surface (213) and a microcell wall upper surface (214), the microcell inside wall surface (213) being the surface of the microcell walls (212) of a microcell that is in contact with the electrophoretic medium (209), the microcell wall upper surface (214) being the surface of the microcell walls (212) of a microcell that is in contact with the sealing layer (206) (fig. 10a, 506, 508, 408),
the channel (215) having a channel height (216), the channel height (216) being 50% of the protrusion height (220) (fig. 10a, channels with 410s),
the unexposed microcell bottom inside surface (211b) being in contact with the protrusion base (218) (fig. 10a, bottom of 506).
But none of them teaches that wherein each microcell of the plurality of microcells (204) comprising a first light blocking layer (232), the first light blocking layer (232) being in contact with the exposed microcell bottom inside surface (211 a) and with the electrophoretic medium (209), and wherein the channel (215) being a volume between the first light blocking layer (232), the protrusion surface (221), and the microcell inside wall surface (213).
Claims 2-18 are also allowable due to their dependence on claim 1.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872