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 Rejections - 35 USC § 102
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.
Claims 1-6, 8, 10-14, 21, 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimatsu (USPN 2022/0085335).
With regard to claim 1,
Shimatsu discloses an optical member comprising: a first layer (50)including a pattern portion having a plurality of concave portions and a plurality of convex portions between the plurality of concave portions (See figures); and a second layer (35/36) covering the pattern portion, wherein the second layer includes a central area (35) and an outer area (36), and wherein a refractive index of the second layer in the central area is different from that of the second layer in the outer area (see paragraph 275).
With regard to claim 2,
Shimatsu discloses the optical member of claim 1, wherein the refractive index of the second layer in the central area is different from that of the first layer (see paragraph 275).
With regard to claim 3,
Shimatsu discloses the optical member of claim 2, wherein the difference in the refractive index between the second layer and the first layer in the central area is 0.01 or more (See paragraph 275).
With regard to claim 4,
Shimatsu discloses the optical member of claim 2, wherein the difference in the refractive index between the second layer and the first layer in the central area is 0.03 or more (See paragraph 275).
With regard to claim 5,
Shimatsu discloses the optical member of claim 1, wherein the first layer is disposed below the second layer to correspond to each of the central area and the outer area (see figures).
With regard to claim 6,
Shimatsu discloses the optical member of claim 5, wherein a refractive index of the first layer is identical in the central area and the outer area (See paragraph 275).
With regard to claim 8,
Shimatsu discloses the optical member of claim 5, wherein the difference in the refractive index between the first layer and the second layer, which are disposed in the central area, is greater than the difference in the refractive index between the first layer and the second layer, which are disposed in the outer area (see paragraph 275).
With regard to claim 10,
Shimatsu discloses the optical member of claim 1, wherein at least one of an upper surface of the first layer and a lower surface of the second layer is flat (see figures).
With regard to claim 11,
Shimatsu discloses a display apparatus comprising: a display panel (26-34) for displaying an image; and an optical panel (35+) coupled to the display panel, wherein the optical panel includes an optical member having: a first layer (50) including a pattern portion having a plurality of concave portions and a plurality of convex portions between the plurality of concave portions (see figures); and a second layer (35/36) covering the pattern portion, wherein the second layer includes a central area (35) and an outer area (36), and wherein a refractive index of the second layer in the central area is different from that of the second layer in the outer area (see, e.g., paragraph 275).
With regard to claim 12,
Shimatsu discloses the display apparatus of claim 11, wherein the optical panel is coupled to one side of the display panel from which light is emitted (see, e.g., fig. 2).
With regard to claim 13,
Shimatsu discloses the display apparatus of claim 11, wherein the display panel includes: a substrate (11) including a display area having a plurality of subpixels (30) and a non-display area (remainder) adjacent to the display area; and a light extraction portion (34) disposed on the substrate in each of the plurality of subpixels, and wherein the light extraction portion overlaps the pattern portion of the optical member.
With regard to claim 14,
Shimatsu discloses the display apparatus of claim 13, wherein the display area is disposed to correspond to the central area of the optical member (See figures), and at least a portion of the non-display area is disposed to correspond to the outer area of the optical member (See figures).
With regard to claims 21, 22
Shimatsu discloses the display apparatus of claim 13, wherein the light extraction portion includes a plurality of concave patterns and a plurality of convex patterns between the concave patterns, and wherein a pitch of the plurality of convex patterns is smaller or greater than a pitch of the plurality of convex portions (see figures).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7, 9, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shimatsu (as above).
With regard to claims 7,9,
Shimatsu discloses the optical member of claim 5. While Shimatsu does not disclose the claimed range of values, a difference in the refractive index between the second layer and the first layer in the outer area of 0 to 0.03 and a haze of 20% or less are well within the ability of one of ordinary skill in the art at the time of the invention and would have been obvious to the same to try to incorporate into the member of Shimatsu in order to improve light output.
With regard to claim 15,
Shimatsu discloses the display apparatus of claim 14, wherein the non-display area includes a first non-display area having a peripheral circuit portion (corresponding to 20) connected to the plurality of subpixels. While Shimatsu does not disclose a visual recognition mark, such marks are well known to and widely used by those of ordinary skill in the art at the time of the invention and would have been obvious to the same to incorporate into the apparatus of Shimatsu in order to provide more reliable apparatus alignment.
With regard to claim 16,
Shimatsu discloses the display apparatus of claim 15, wherein the first non-display area is disposed to correspond to the central area of the optical member (see figures).
With regard to claim 17,
Shimatsu discloses the display apparatus of claim 15, wherein the first non-display area is disposed to correspond to the outer area of the optical member (see figures).
With regard to claim 18,
Shimatsu discloses the display apparatus of claim 15. The obviousness of the incorporation of the visual recognition mark was addressed in the rejection of claim 15.
With regard to claim 19,
Shimatsu discloses the display apparatus of claim 15, wherein the display panel further includes: a light emitting element layer (33) on the light extraction portion; an opposing substrate (12) on the light emitting element layer to face the substrate; and a color filter (CF) layer for color-converting light emitted from the light emitting element layer, wherein the color filter layer is between the light emitting element layer and the optical member (See figures).
With regard to claim 20,
Shimatsu discloses the display apparatus of claim 19. The obviousness of the incorporation of the visual recognition mark was addressed in the rejection of claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 2025/0160118, JP2013228656.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Raabe whose telephone number is (571)272-8434. The examiner can normally be reached M-F 0530-1430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at (571)272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M RAABE/Primary Examiner, Art Unit 2875