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 .
Claim Objections
Claims 1, 4, 9, 13 and 14 objected to because of the following informalities:
Regarding claim 1, the claim limitation “the first transparent conductive layer and the second transparent conductive layer contain a conductive polymer” should be “each of the first transparent conductive layer and the second transparent conductive layer contains a conductive polymer”;
Regarding claim 4, lines 3 and 4, the phase “a liquid crystal compound” should be “the liquid crystal compound” because it refers to “a liquid crystal compound” cited in claim 1;
Regarding claim 9, line 3, the phase “directly contacting” should be “contacting” because “a highly adhesive layer” in between two layers;
Regarding claim 13, the claim limitation “A manufacturing method for a variable transmittance optical stack of claim 1” should be “A manufacturing method for the variable transmittance optical stack of claim 1”; and
Regarding claim 14, the claim limitation “A smart window comprising a variable transmittance optical stack of claim 1.” should be “A smart window comprising the variable transmittance optical stack of claim 1”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujikake JP 2011215210A (see both document 18416005_2025-12-22_JP_2011215210_A_M.pdf (for figures) and translation_of_JP_2011215210A.pdf (for citation purpose)).
Regarding claim 1, Fujikake discloses a variable transmittance optical stack, in at least fig.1, comprising:
a first polarizing plate (8);
a first transparent conductive layer (2) formed on the first polarizing plate;
a second polarizing plate (8) opposing the first polarizing plate;
a second transparent conductive layer (see para.64, conductive films can be on both substrates) formed on one surface of the second polarizing plate, and opposing the first transparent conductive layer (para.64); and
a liquid crystal layer (1) provided between the first transparent conductive layer and the second transparent conductive layer,
wherein each of the first transparent conductive layer and the second transparent conductive layer contains a conductive polymer (a polythiophene resin, para.65),
the liquid crystal layer contains a polymer network (12) and a liquid crystal compound (11), and
the liquid crystal compound is arranged with uniform initial alignment (para.50 and 60).
Regarding claim 2, Fujikake discloses a liquid crystal operating method of the liquid crystal layer is any one selected from a group consisting of a twisted nematic mode, a super twisted nematic mode, an in-plane switching mode, a fringe-field mode, and a vertical alignment mode (para.50 and 74).
Regarding claim 3, Fujikake discloses the liquid crystal operating method of the liquid crystal layer is the twisted nematic mode (para.50 and 74).
Regarding claim 4, Fujikake discloses the liquid crystal layer contains a cured product of a composition for forming the liquid crystal layer, which contains a polymerizable monomer (para.17) and the liquid crystal compound (para.17 and 43-46).
Regarding claim 5, Fujikake discloses the composition for forming the liquid crystal layer contains 10 to 30% by weight of the polymerizable monomer with respect to the total weight of the composition (20%, para.74).
Regarding claim 6, Fujikake discloses the first transparent conductive layer and the second transparent conductive layer have surfaces in contact with the liquid crystal layer, the surfaces being aligned by a rubbing manner (see fig.1, the first transparent conductive layer and the second transparent conductive layer have surfaces in indirect contact with the liquid crystal layer, the surfaces being aligned by a rubbing manner with the alignment layer 5 (para.60)).
Regarding claim 7, Fujikake discloses the conductive polymer comprises one or more types selected from a group consisting of polythiophene, polyaniline, polyacetylene, polydiacetylene, poly(3,4-ethylenedioxythiophene), polyphenylene, polyphenylenevinylene, polyphenylene sulfide, polythienylenevinylene, polythiophenevinylene, polyfluorene, polypyrrole, poly(3,4-ethylenedioxythiophene): polystyrenesulfonate, poly(3,4-ethylenedioxythiophene): camphorsulfonicacid, poly(3,4-ethylenedioxythiophene): toluenesulfonicacid, poly(3,4-ethylenedioxythiophene): dodecylbenzenesulfonicacid, polyaniline: polystyrenesulfonate, polyaniline: camphorsulfonicacid, polypyrrole: polystyrene sulfonate, polypyrrole: camphorsulfonicacid, polypyrrole: toluenesulfonicacid, polypyrrole: dodecylbenzenesulfonicacid, polythiophene: polystyrenesulfonate, polythiophene: camphorsulfonicacid, polythiophene: toluenesulfonicacid, and polythiophene: dodecylbenzenesulfonicacid (a polythiophene resin, para.65).
Regarding claim 13, Fujikake discloses a manufacturing method for the variable transmittance optical stack of claim 1 (para.38 and 40-60).
Claim(s) 1-3 and 6-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim WO 2022255742A1 (see document 18416005_2025-12-23_WO_2022255742_A1_M.pdf, use US 20240288733 as an English translation).
Regarding claim 1, Kim discloses a variable transmittance optical stack, at least, figs.2-4, comprising:
a first polarizing plate (120);
a first transparent conductive layer (130) formed on the first polarizing plate;
a second polarizing plate (lower polarizing plate) opposing the first polarizing plate;
a second transparent conductive layer (lower conductive layer) formed on one surface of the second polarizing plate, and opposing the first transparent conductive layer (see figs.2-4); and
a liquid crystal layer (110) provided between the first transparent conductive layer and the second transparent conductive layer,
wherein each of the first transparent conductive layer and the second transparent conductive layer contains a conductive polymer (para.24 and 97),
the liquid crystal layer contains a polymer network (para.79) and a liquid crystal compound (para.79), and
the liquid crystal compound is arranged with uniform initial alignment (see figs.2-4).
Regarding claim 2, Kim discloses a liquid crystal operating method of the liquid crystal layer is any one selected from a group consisting of a twisted nematic mode, a super twisted nematic mode, an in-plane switching mode, a fringe-field mode, and a vertical alignment mode (para.27).
Regarding claim 3, Kim discloses the liquid crystal operating method of the liquid crystal layer is the twisted nematic mode (para.27).
Regarding claim 6, Kim discloses the first transparent conductive layer and the second transparent conductive layer have surfaces in contact with the liquid crystal layer, the surfaces being aligned by a rubbing manner (see figs.2-4 the first transparent conductive layer and the second transparent conductive layer have surfaces in indirect contact with the liquid crystal layer, the surfaces being aligned by a rubbing manner with the alignment layer (para.102)).
Regarding claim 7, Kim discloses the conductive polymer comprises one or more types selected from a group consisting of polythiophene, polyaniline, polyacetylene, polydiacetylene, poly(3,4-ethylenedioxythiophene), polyphenylene, polyphenylenevinylene, polyphenylene sulfide, polythienylenevinylene, polythiophenevinylene, polyfluorene, polypyrrole, poly(3,4-ethylenedioxythiophene): polystyrenesulfonate, poly(3,4-ethylenedioxythiophene): camphorsulfonicacid, poly(3,4-ethylenedioxythiophene): toluenesulfonicacid, poly(3,4-ethylenedioxythiophene): dodecylbenzenesulfonicacid, polyaniline: polystyrenesulfonate, polyaniline: camphorsulfonicacid, polypyrrole: polystyrene sulfonate, polypyrrole: camphorsulfonicacid, polypyrrole: toluenesulfonicacid, polypyrrole: dodecylbenzenesulfonicacid, polythiophene: polystyrenesulfonate, polythiophene: camphorsulfonicacid, polythiophene: toluenesulfonicacid, and polythiophene: dodecylbenzenesulfonicacid (para.98).
Regarding claim 8, Kim discloses at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by directly contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate without an additional substrate between the polarizing plate and the transparent conductive layer (see fig.2).
Regarding claim 9, Kim discloses at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate with a highly adhesive layer between the polarizing plate and the transparent conductive layer (para.23).
Regarding claim 10, Kim discloses at least one polarizing plate of the first polarizing plate and the second polarizing plate comprises one or more types of a functional layer selected from a group consisting of a protective layer, a retardation matching layer, and a refractive index-matching layer (see figs.2-4).
Regarding claim 11, Kim discloses each of the first polarizing plate and the second polarizing plate has a thickness ranged from 30 μm to 200 μm (para.26).
Regarding claim 12, Kim discloses the variable transmittance optical stack comprises one or more types selected from a group consisting of a pressure sensitive adhesive/adhesive layer (fig.4), an ultraviolet ray absorption layer, and a hard coating layer (para.19).
Regarding claim 13, Kim discloses a manufacturing method (abstract) for the variable transmittance optical stack of claim 1 (see the rejection of claim 1).
Regarding claim 14, Kim discloses a smart window (abstract and para.50) comprising the variable transmittance optical stack of claim 1 (see the rejection of claim 1).
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.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim WO 2022255742A1 (use US 20240288733 as an English translation) as applied to claim 1 above, and further in view of Fujikake JP 2011215210A.
Regarding claim 5, Kim does not explicitly disclose the liquid crystal layer contains a cured product of a composition for forming the liquid crystal layer, which contains a polymerizable monomer and the liquid crystal compound, and the composition for forming the liquid crystal layer contains 10 to 30% by weight of the polymerizable monomer with respect to the total weight of the composition.
Fujikake discloses a variable transmittance optical stack, in at least fig.1, the liquid crystal layer contains a cured product of a composition for forming the liquid crystal layer, which contains a polymerizable monomer (para.17) and the liquid crystal compound (para.17 and 43-46), and the composition for forming the liquid crystal layer contains 10 to 30% by weight of the polymerizable monomer with respect to the total weight of the composition (20%, para.74) for the purpose of forming the liquid crystal layer (para.74).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the liquid crystal layer contains a cured product of a composition for forming the liquid crystal layer, which contains a polymerizable monomer and the liquid crystal compound, and the composition for forming the liquid crystal layer contains 10 to 30% by weight of the polymerizable monomer with respect to the total weight of the composition as taught by Fujikake in the variable transmittance optical stack of Kim for the purpose of forming the liquid crystal layer.
Claim(s) 8-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujikake JP 2011215210A as applied to claim 1 above, and further in view of Kim WO 2022255742A1 (use US 20240288733 as an English translation).
Regarding claim 8, Fujikake does not explicitly disclose at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by directly contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate without an additional substrate between the polarizing plate and the transparent conductive layer.
Kim discloses a variable transmittance optical stack, in at least figs.1-4, at least one transparent conductive layer (130) of the first transparent conductive layer and the second transparent conductive layer is formed by directly contacting with any one polarizing plate of the first polarizing plate (120) and the second polarizing plate without an additional substrate between the polarizing plate and the transparent conductive layer (see fig.2) for the purpose of forming a variable transmittance optical stack with simplifying a manufacturing process and reducing the thickness (para.6).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by directly contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate without an additional substrate between the polarizing plate and the transparent conductive layer as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of forming a variable transmittance optical stack with simplifying a manufacturing process and reducing the thickness.
Regarding claim 9, Fujikake does not explicitly disclose at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate with a highly adhesive layer between the polarizing plate and the transparent conductive layer.
Kim discloses a variable transmittance optical stack, in at least figs.1-4, at least one transparent conductive layer (130) of the first transparent conductive layer and the second transparent conductive layer is formed by contacting with any one polarizing plate of the first polarizing plate (120) and the second polarizing plate with a highly adhesive layer between the polarizing plate and the transparent conductive layer (para.23) for the purpose of forming a variable transmittance optical stack with simplifying a manufacturing process and reducing the thickness (para.6).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least one transparent conductive layer of the first transparent conductive layer and the second transparent conductive layer is formed by contacting with any one polarizing plate of the first polarizing plate and the second polarizing plate with a highly adhesive layer between the polarizing plate and the transparent conductive layer as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of forming a variable transmittance optical stack with simplifying a manufacturing process and reducing the thickness.
Regarding claim 10, Fujikake does not explicitly disclose at least one polarizing plate of the first polarizing plate and the second polarizing plate comprises one or more types of a functional layer selected from a group consisting of a protective layer, a retardation matching layer, and a refractive index-matching layer.
Kim discloses a variable transmittance optical stack, in at least figs.1-4, at least one polarizing plate of the first polarizing plate (120) and the second polarizing plate comprises one or more types of a functional layer selected from a group consisting of a protective layer, a retardation matching layer, and a refractive index-matching layer (see figs.2-4) for the purpose of forming the polarizing plate (para.101).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least one polarizing plate of the first polarizing plate and the second polarizing plate comprises one or more types of a functional layer selected from a group consisting of a protective layer, a retardation matching layer, and a refractive index-matching layer as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of forming the polarizing plate.
Regarding claim 11, Fujikake does not explicitly disclose each of the first polarizing plate and the second polarizing plate has a thickness ranged from 30 μm to 200 μm.
Kim discloses a variable transmittance optical stack, in at least figs.1-4, each of the first polarizing plate and the second polarizing plate has a thickness ranged from 30 μm to 200 μm (para.26) for the purpose of forming the polarizing plate (para.26).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have each of the first polarizing plate and the second polarizing plate has a thickness ranged from 30 μm to 200 μm as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of forming the polarizing plate.
Regarding claim 12, Fujikake does not explicitly disclose the variable transmittance optical stack comprises one or more types selected from a group consisting of a pressure sensitive adhesive/adhesive layer, an ultraviolet ray absorption layer, and a hard coating layer.
Kim discloses a variable transmittance optical stack, in at least figs.1-4, the variable transmittance optical stack comprises one or more types selected from a group consisting of a pressure sensitive adhesive/adhesive layer (fig.4) and a hard coating layer (para.19) for the purpose of preventing peeling and bubbles from occurring when handing the optical laminate (para.109) and protecting the optical laminate (para.19).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the variable transmittance optical stack comprises one or more types selected from a group consisting of a pressure sensitive adhesive/adhesive layer and a hard coating layer as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of preventing peeling and bubbles from occurring when handing the optical laminate and protecting the optical laminate.
Regarding claim 14, Fujikake the variable transmittance optical stack of claim 1 (see rejection of claim 1).
Fujikake does not explicitly disclose a smart window comprising the variable transmittance optical stack.
Kim discloses a smart window (abstract), in at least figs.1-4, comprising the variable transmittance optical stack (see figs.2-4)) for the purpose of forming a smart window (para.50).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a smart window comprising the variable transmittance optical stack as taught by Kim in the variable transmittance optical stack of Fujikake for the purpose of forming a smart window.
Contact Information
The Examiner notes: claim 6 can be an allowable subject matter when the phase “in contact” changed to “directly contact” or “in direct contact”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
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/JIA X PAN/ Primary Examiner, Art Unit 2871