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 .
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.
Disposition of the Claims
Claims 1-20 are pending.
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, 3-5, 7, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kweon (KR 102152644 B1).
Regarding claim 1, Kweon teaches a pattern electrode structure (Figs. 1-4, a comb or interdigitated electrode pattern of electrodes 131 and 151) for an electrowetting device, the pattern electrode structure comprising:
a first branch electrode (330, ¶45) disposed in a direction perpendicular to any plane that is perpendicular to a plane defined by the pattern electrode structure (since the plurality of first comb electrode portions 330 is formed in the same plane as that of the pattern electrode structure, the direction of the plurality of first comb electrode portions 330 would be perpendicular to any plane perpendicular to a plane formed by the pattern electrode structure); and
a basal pattern electrode (550, ¶49) disposed in an area above an upper end of the first branch electrode and connected to an electrode connection portion configured to receive a voltage (Fig. 3), wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed (Fig. 2, ¶38, droplets 22 and 23 being smaller than the interval between electrodes).
Notwithstanding that Kweon anticipates the claimed configuration as detailed above, it is noted that the limitation "droplet" is directed to a material or article worked upon. "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d. 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). MPEP 2115. Thus, the designation "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" is deemed to be functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Here, since the diameter of the droplet to be removed does not limit the claimed pattern electrode structure, the limitation that "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" would not limit the claimed pattern electrode structure.
Regarding claim 3, Kweon teaches the pattern electrode structure of claim 1, and further discloses wherein a polarity of the first branch electrode is different from a polarity of the basal pattern electrode (e.g. Fig. 2, + and -, and Fig. 4, operating with DC + and - voltages).
Regarding claim 4, Kweon teaches the pattern electrode structure of claim 3, and further discloses further comprising second branch electrodes (530) disposed alternately with a plurality of the first branch electrodes in a width direction of the pattern electrode structure (Figs. 3, 4), wherein a polarity of the second branch electrodes is different from the polarity of the first branch electrodes (Figs. 3, 4).
Regarding claim 5, Kweon teaches the pattern electrode structure of claim 1, and further discloses further comprising second branch electrodes (530) disposed alternately with a plurality of the first branch electrodes in a width direction of the pattern electrode structure (Figs. 3, 4), wherein a polarity of the second branch electrodes is different from the polarity of the first branch electrodes (Figs. 3, 4).
Regarding claim 7, Kweon teaches the pattern electrode structure of claim 1, and further discloses wherein the upper end of the first branch electrode comprises a convex portion (Fig. 6, rounded ends i.e. convex).
Regarding claim 19, Kweon teaches a pattern electrode structure for an electrowetting device (Figs. 1-4), the pattern electrode structure comprising:
a first electrode part (300) comprising:
a first electrode connection portion (310);
a first basal pattern electrode (350) connected to the first electrode connection portion (Figs. 3 and 4); and
first branch electrodes (330) branched off the first basal pattern electrode (Figs. 3 and 4); and
a second electrode part (500) comprising:
a second electrode connection portion (510);
a second basal pattern electrode (550) connected to the second electrode connection portion (510); and
second branch electrodes (530) branched off the second basal pattern electrode (Figs. 3 and 4);
wherein the first electrode connection portion and the second electrode connection portion are connected to a power source to receive a voltage (310 and 510 being the power terminals, Figs. 3 and 4 showing AC and DC operation respectively);
wherein the first branch electrodes (330) and the second branch electrodes (350) are arranged alternately in a width direction and are disposed in one direction that is perpendicular to any plane perpendicular to the pattern electrode structure (Figs. 3 and 4); and
wherein an interval between the first branch electrodes and the second basal pattern electrode is equal to or larger than a diameter of a droplet to be removed (Fig. 2, ¶38, droplets 22 and 23 being smaller than the interval between electrode).
Notwithstanding that Kweon anticipates the claimed configuration as detailed above, it is noted that the limitation "droplet" is directed to a material or article worked upon. "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d. 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). MPEP 2115. Thus, the designation "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" is deemed to be functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Here, since the diameter of the droplet to be removed does not limit the claimed pattern electrode structure, the limitation that "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" would not limit the claimed pattern electrode structure.
Regarding claim 20, Kweon teaches the pattern electrode structure of claim 19, and further discloses wherein upper ends of the first branch electrodes comprise a concave portion, a convex portion (Fig. 6), or a cutting-edge portion.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kweon as applied to claim 1 above.
Regarding claim 2, Kweon teaches the pattern electrode structure of claim 1, but does not explicitly show wherein the interval between the first branch electrode and the basal pattern electrode is equal to or larger than 1.93 mm.
However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). The general conditions having been disclosed by Kweon above, benefit of optimizing the interval between the first branch electrode and the basal pattern electrode includes optimizing the delivery of vibration and heat toward droplet removal (Kweon, “The width and spacing of the electrodes are only examples, and may vary depending on the applied device and the characteristics of the droplet to be removed“; “By this, the first mode, the droplets spanning between the electrodes can be removed by vibration. Meanwhile, by applying power to the second electrode 500 in the second mode to generate heat, droplets that have not been removed in the first mode due to heat (eg, 22, 23, and 25 in FIG. 2) may be removed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the interval of Kweon’s electrodes based on the characteristics of the droplet to be removed toward enhancing delivery of vibration and heat thus achieving optimized droplet removal, thereby achieving the claimed range.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kweon as applied to claim 1 above, and further in view of Chung ‘174 (KR 20180086174 A).
Regarding claim 6, Kweon teaches the pattern electrode structure of claim 1, but does not explicitly show wherein the upper end of the first branch electrode comprises a concave portion.
Chung ‘174 teaches an analogous electrowetting device for droplet removal having comb like electrodes and a concave geometry thereof contributing to droplet removal (“The sub-electrodes are comb-like, the surface of the cleaning device is inclined in a specific direction, a first voltage of a positive voltage is applied to at least one of the first sub-electrodes, and at least one of the second sub- The droplet attached to the surface of the cleaning device vibrates as the second voltage smaller than the first voltage is applied and the adhesion between the droplet and the cleaning device is continuously weakened by the vibration, At least one of the droplets, dust, or frost is removed from the cleaning device, and the concave of the sub-electrodes coincides with the direction of movement of the droplet.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the concave geometry of the electrodes of Chung ‘174 with the first branch electrode of Kweon thus enhancing droplet movement in a direction of the concave geometry.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kweon as applied to claim 1 above, and further in view of Chung ‘808 (US 20140251808 A1).
Regarding claim 8, Kweon teaches the pattern electrode structure of claim 1, but does not explicitly show wherein the upper end of the first branch electrode comprises a cutting-edge portion.
Chung ‘808 teaches an analogous use of a cutting edge electrode tip to move particles and droplets (Fig. 1A, ¶49-50, ¶56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilize the geometry of Chung known to be effective for moving particles and droplets with the electrode of Kweon thus predictably enhancing the desired effect of droplet removal.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kweon as applied to claim 1 above, and further in view of Revier (US 20180326462 A1).
Regarding claim 9, Kweon teaches the pattern electrode structure of claim 1, but does not explicitly show further comprising a dummy pattern disposed in a space between the first branch electrode and the basal pattern electrode.
Revier discloses an analogous electrowetting droplet removal device (Title, Abstract) and teaches a dummy pattern of dielectric (105) disposed in a space between the first branch electrode (110) and the basal pattern electrode (115) (Fig. 2, ¶22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have followed Revier and employed the dummy pattern between electrodes of Kweon to prevent a short circuit caused by contact with conductive material, such as water droplets.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Revier in view of Kweon.
Regarding claim 10, Revier teaches an electrowetting device (Fig. 2) comprising: a base material (120); a dielectric layer (105) on the base material (Fig. 2); and an electrode layer (electrodes 110 and 115) laminated between the base material and the dielectric layer (Fig. 2), the electrode layer comprising a pattern electrode structure (the electrodes alternating along the horizontal dimension at least).
Revier does not explicitly show a first branch electrode disposed in a direction perpendicular to any plane that is perpendicular to a plane defined by the pattern electrode structure; and a basal pattern electrode disposed in an area above an upper end of the first branch electrode and connected to an electrode connection portion configured to receive a voltage, wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed.
Kweon teaches a pattern electrode structure (Figs. 1-4, a comb or interdigitated electrode pattern of electrodes 131 and 151) for an electrowetting device, the pattern electrode structure comprising:
a first branch electrode (330, ¶45) disposed in a direction perpendicular to any plane that is perpendicular to a plane defined by the pattern electrode structure (since the plurality of first comb electrode portions 330 is formed in the same plane as that of the pattern electrode structure, the direction of the plurality of first comb electrode portions 330 would be perpendicular to any plane perpendicular to a plane formed by the pattern electrode structure); and
a basal pattern electrode (550, ¶49) disposed in an area above an upper end of the first branch electrode and connected to an electrode connection portion configured to receive a voltage (Fig. 3), wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed (Fig. 2, ¶38, droplets 22 and 23 being smaller than the interval between electrodes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the patterned electrode of Kweon in the integrated package of Revier thus protecting the patterned electrode and preventing short circuits.
Notwithstanding that the modified Revier teaches the claimed configuration as detailed above, it is noted that the limitation "droplet" is directed to a material or article worked upon. "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d. 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). MPEP 2115. Thus, the designation "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" is deemed to be functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Here, since the diameter of the droplet to be removed does not limit the claimed pattern electrode structure, the limitation that "wherein an interval between the first branch electrode and the basal pattern electrode is equal to or larger than a diameter of a droplet to be removed" would not limit the claimed pattern electrode structure.
Claims 11-18 recite essentially the same subject matter as those addressed above by the teachings of the prior art, and are rejected on the same basis.
Conclusion
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/COLLIN X BEATTY/Primary Examiner, Art Unit 2872