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 .
Response to Amendment
The response filed 05/12/2026 is accepted, in which, claims 1, 18, and 21-22 are amended and claims 3, 19, and 23-24 are newly canceled. Claims 1, 18, and 21 are independent with claims 1-2, 4-18, 20-22, and 25-26 awaiting an action on the merits as follows.
The objections to the specification are withdrawn in view of the amended title and the amended abstract.
The objection to claims 18 and 22 are withdrawn in view of the amended claims.
The rejection of claims 2, 13-18, and 21 under USC 112b stands in view of the original claims being unamended and no traversal of the rejection.
Allowable Subject Matter
Claims 21-22 and 25-26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 21, the claim amended to include the allowable limitation of canceled claim 24 would be allowable as discussed in the previous rejection if written in a way that addresses the 112b rejection below.
Claims 2 and 13-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2 and 13-17, the claims would be allowable based on their dependency on claim 1 if written in a way that addresses the 112b rejections below.
Claims 1 and 4-12 are allowed.
The following is an Examiner's statement of reasons for allowance:
As to claim 1, the prior art of record fails to teach or suggest:
A display device with an optical control film arranged below a display panel, wherein the optical control film comprises: a second substrate facing a first substrate; a first member positioned to overlap the display area on the first substrate; and a second member positioned adjacent to the first member on the first substrate, wherein the first member is greater in height than the second member, and wherein the second member is plural, and wherein the plurality of second members are spaced apart from each other with the first member therebetween two respective second members. Emphasis on the underlined portion.
The combination of Kim and Campisi in the previous rejection does not teach the first member between second members since they are vertically separated. The only prior art found in the search that has a display panel more analogous to the instant application was Zheng (US 20230080781 A1), which teaches banks in Figs 12-14, but Zheng only teaches one type of bank.
In addition to the above, the totality of the limitations of claim 1 provide a novel display device.
As such, modification of the prior art of record can only be motivated by hindsight reasoning, or by changing the intended use and function of the prior art themselves. Therefore, it is not clear that one of ordinary skill in the art at the time of the invention would have made the necessary modifications to the prior art of record to encompass the limitations set forth in the present application. Moreover, none of the prior arts of record, taken either alone or in combination, anticipate nor render obvious the claimed inventions. Hence, claims 1 and 4-12 are allowable over the prior arts of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 2, 13-18, and 20-21 are rejected for indefiniteness.
Regarding claim 2, the claim recites, "the top surface." There is insufficient antecedent basis for this element. To further prosecution, Examiner will assume the claim should read, " a top surface." Proper correction is required.
Regarding claim 13, the claims recite inter alia, "based on … being powered off." The claims are indefinite because while claim 13 begins by reciting a device, claim 13 further includes a method of using the structure in "… being powered off." The claim is not considered a product by process claim because the claim does not state that any feature was made "based on … being powered off." The claims recite that the device is used to perform the electrodes being powered off.
Regarding claims 14-17, the claims recite inter alia, "… based on a positive (+) voltage being applied …" The claims are indefinite because while claims 14-17 begin by reciting a device, claims 14-17 further include a method of using the structure in "… based on a positive (+) voltage being applied …" to move particles during operation of the device. The claims are not considered a product by process claim because the claim does not state that any feature was made using "… based on a positive (+) voltage being applied …". The claims recite that the device is used to perform a positive voltage being applied.
Regarding claims 18 and 21, the claims recite inter alia, "… the application of an electric field." The claims are indefinite because while claims 18 and 21 begin by reciting a device, claims 18 and 21 further include a method of using the structure in "… the application of an electric field" to move particles during operation of the device. The claims are not considered a product by process claims because the claims do not state that any feature was made using "… the application of an electric field." The claims recite that the device is used to perform an application of an electric field.
A single claim that includes both an apparatus and a method of using the apparatus/device is indefinite (See MPEP 2173.05(p)(II)). It is unclear if infringement would occur when the apparatus/device is created or when the apparatus/device is used in the performing of "positive voltage being applied," and/or "the application of an electric field." For the purposes of examination the process limitation will be treated as an intended result limitation (i.e. the apparatus must be capable of being used in "positive voltage being applied," and/or "the application of an electric field").
Regarding claim 20, the claim is dependent on newly canceled claim 19. To further prosecution, Examiner will assume the claim should depend on claim 18. Proper correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20140185129 A1), and further in view of Campisi (US 20120206328 A1).
Regarding claim 18, Kim teaches a display device (200, Fig 2a) comprising:
a display panel (210) comprising a display area (EA) in which a plurality of pixels (Px: layers 218-221; plurality of pixels, [0100]) are positioned and a transparent area (TA) around (shown nearby) the display area (EA);
an optical control film (230) positioned below (shown below) the display panel (210),
wherein the optical control film (230) comprises:
a first substrate (231);
a second substrate (239) facing (shown facing) the first substrate (231);
an optical control layer (244) between (shown between) the first (231) and second substrates (239); and
a plurality of light-absorbing particles (245) dispersed in (shown dispersed in) the optical control layer (244),
wherein the plurality of light-absorbing particles (245) are positioned in the display area (EA) in a first mode (various modes, [0101]) and in the transparent area (TA) depending on the application of an electric field (Kim is capable of this function; movement of particles distributed in the fluid is controlled by the applied voltage (Kim, [0099]).
Kim fails to explicitly teach wherein the display device further comprises a first member arranged in the display area on the first substrate, a second member arranged around the first member on the first substrate, and first electrode disposed between the first member and the second member, and wherein the first member is greater in height than the second member.
However, Campisi teaches wherein the display device further comprises a first member (18, Fig 1B) arranged in (arranged in; when combined with Kim, the left side of 100' would overlap EA of Kim and the right side would overlap TA of Kim; please see annotated figure below) the display area on the first substrate, a second member (47) arranged around (shown nearby) the first member (18) on the first substrate,
wherein the first member (18) is greater in height (shown greater in height) than the second member (47).
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466
766
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Kim goes on to teach first electrode (238A, Fig 2a; electrode 238 is comprised of multiple subparts: 238A are the 238 electrodes positioned in EA, 238B are the plurality of 238 electrodes positioned in TA) disposed between (shown arranged diagonally between, Fig 1B; please see annotated figure above) the first member and the second member.
Regarding claim 20, the combination of Kim and Campisi discloses the device of claim 18. Kim teaches the second substrate (239, Fig 2a).
Campisi goes on to teach wherein the first member (18, Fig 1B) is in, on a top surface (38T: top of second substrate 38) thereof, contact (shown in indirect contact with top surface of second substrate 38) with the second substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gotrik (US 20230350107 A1) - shows two different charged particles in light control fluid
Zheng (US 20230080781 A1) - banks on sides of lower electrodes to catch particles
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeremy D Watts whose telephone number is (703)756-1055. The examiner can normally be reached M-R 8:00am-4:30pm, F 8:00-3pm EST.
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/JEREMY DANIEL WATTS/Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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