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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-15) in the reply filed on 2/13/26 is acknowledged.
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, 4, 12, 13, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0268874 (Yajima).
Yajima discloses
1. A window comprising:
a window base layer (substrate);
a first layer (orienting layer) disposed on the window base layer;
a second layer (polarizing film / resin layer) disposed on the first layer; and
a third layer (hard coat upper) disposed on the second layer, wherein the first layer (hard coat lower) includes a compound of a first metal oxide and a second metal oxide ([0106]-[0117]).
Yajima discloses ([0116])
4. The window of claim 1, wherein the first metal oxide is niobium oxide (Nb2O5), and the second metal oxide is yttrium oxide (Y2O3).
Yajima discloses ([0074])
12. The window of claim 1, wherein the base layer (substrate) comprises a glass substrate or a polymer film.
Yajima discloses
13. The window of claim 1, wherein the second layer (polarizing film / resin layer) is directly disposed on the first layer (orienting layer), and the third layer (hard coat upper) is directly disposed on the second layer (polarizing film / resin layer).
Yajima discloses ([0116])
15. The window of claim 1, further comprising
a fourth layer (hard coat lower) disposed between the base layer (substrate) and the first layer (orienting layer), and including at least one of silicon dioxide (SiO2), fused silica, fluorine-doped fused silica, magnesium fluoride (MgF2), calcium fluoride (CaF2), aluminum fluoride (AlF3), yttrium fluoride (YF3), ytterbium fluoride (YbF3), aluminum oxide (Al2O3), or magnesium oxide (MgO).
Claim(s) 1, 3-7, 12, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2015/0346388 (Han).
Han discloses (Fig. 4)
1. A window comprising:
a window base layer 100;
a first layer 500 disposed on the window base layer 110;
a second layer 200 / 300 disposed on the first layer 10; and
a third layer 400 disposed on the second layer, wherein the first layer 500 includes a compound of a first metal oxide and a second metal oxide ([0053]).
Han discloses ([0048])
3. The window of claim 1, wherein the first layer 500 has a thickness greater than about 50 nm and less than about 90 nm.
Han discloses ([0053])
4. The window of claim 1, wherein the first metal oxide is niobium oxide (Nb2O5), and the second metal oxide is yttrium oxide (Y2O3).
Han discloses ([0051])
5. The window of claim 1, wherein the first layer 500 has a refractive index greater than that of each of the base layer and the second layer, and the refractive index of the first layer is about 1.7 to about 3.0 at a wavelength of about 550 nm.
Han discloses ([0046])
6. The window of claim 1, wherein the second layer 200 / 300 comprises at least one of silicon dioxide (SiO2), fused silica, fluorine-doped fused silica, magnesium fluoride (MgF2), calcium fluoride (CaF2), aluminum fluoride (AlF3), yttrium fluoride (YF3), ytterbium fluoride (YbF3), aluminum oxide (Al2O3), or magnesium oxide (MgO).
Han discloses ([0046])
7. The window of claim 1, wherein the second layer 200 / 300 comprises a compound of silicon dioxide (SiO2) and a third metal oxide.
Han discloses ([0041])
12. The window of claim 1, wherein the base layer 100 comprises a glass substrate or a polymer film.
Han discloses
13. The window of claim 1, wherein the second layer 200 / 300 is directly disposed on the first layer 500, and the third layer 400 is directly disposed on the second layer 200 / 300.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 2, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yajima or Han as applied to claim 1 above.
Yajima or Han disclose the refractive index of the metal oxides, but fail to disclose the wt%
2. The window of claim 1, wherein the second metal oxide has a refractive index less than the refractive index of the first metal oxide, and a content of the second metal oxide is greater than about 6 wt% and less than about 10 wt%.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the optimum wt%. The motivation would be based on its suitability for the intended use. See MPEP 2144.07.
Yajima or Han fail to disclose
11. The window of claim 1, wherein the second layer has a thickness of about 10 nm to about 100 nm, and the third layer has a thickness of about 20 nm to about 45 nm.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the optimum thickness. The motivation would be based on its suitability for the intended use. See MPEP 2144.07.
Claim(s) 8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claims 1, 7 above, and further in view of Yajima.
Han fails to disclose
8. The window of claim 7, wherein the third metal oxide comprises aluminum oxide (Al2O3), and a content of the third metal oxide is about 10 wt% or less.
Han fails to disclose
14. The window of claim 1, wherein a reflectance at an upper surface of the third layer is about 1.0% or less at a wavelength of about 550 nm.
Yajima teaches
A window comprising:
wherein the third metal oxide (hard coat upper) comprises aluminum oxide (Al2O3), and a content of the third metal oxide is about 10 wt% or less ([0116], [0135]-[0169]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select aluminum oxide at a certain wt% and the reflectance in Han. The motivation would be based on routine optimization as discussed in Yajima. See MPEP 2144.07.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yajima or Han as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2017/0183257 (Apitz).
Yajima or Han fail to disclose
9. The window of claim 1, wherein the third layer comprises a fluorine-containing polymer.
Apitz teaches (Fig. 1)
A window comprising:
a base layer 10;
a first layer (part of 20);
a second layer (part of 20); and
a third layer 30,
wherein the third layer 30 comprises a fluorine-containing polymer ([0178]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a third layer comprising a fluorine-containing polymer in Yajima or Han. The motivation would be so that fingerprints and contaminations or dirt cannot easily adhere, a transfer of oils and contaminants from fingers onto the glass surface is minimized as taught by Apitz ([0204]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yajima as applied to claim 1 above, and further in view of Han.
Yajima fails to disclose
10. The window of claim 1, wherein the second layer has a refractive index of about 1.3 to about 1.6 at a wavelength of about 550 nm, and the third layer has a refractive index of about 1.3 to about 1.5 at a wavelength of about 550 nm.
Han teaches
A window comprising:
wherein the second layer 200 / 300 has a refractive index of about 1.3 to about 1.6 at a wavelength of about 550 nm, and the third layer 400 has a refractive index of about 1.3 to about 1.5 at a wavelength of about 550 nm ([0040]-[0048]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the optimum refractive index. The motivation would be based on its suitability for the intended use as discussed in Han. See MPEP 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 6,811,901 (Arfsten), U.S. Patent Application Publication No. 2008/0072956 (Sharma), 2020/0058890 (Huang), 2021/0130230 (Decker), 2023/0234883 (Aoshima), 2023/0292576 (Cho) teach a window.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M ARROYO whose telephone number is (703)756-1576. The examiner can normally be reached Monday - Friday (8:30 A.M. E.T. - 5:00 P.M. E.T.).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached at 571.272.1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA M. ARROYO/Primary Examiner, Art Unit 2893
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