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/Restriction
This application contains claims directed to the following patentably distinct species:
Species I: the embodiment of fig. 6 and fig. 7, wherein the second oblique direction and the normal direction of the transparent substrate form an acute angle β, directed to claim 4.
Species II: the embodiment of fig. 8 and fig. 9, wherein each of the plurality of raised microstructures comprises a spiral structure, directed to claim 5.
The species are independent or distinct because the acute angle β is uniquely directed to the embodiments identified in fig. 6 and fig. 7 [0044 instant app], which does not exhibit a spiral structure, while the spiral structure is uniquely directed to the embodiments identified in fig. 8 and fig. 9 [0050 instant app], which does not exhibit an acute angle β. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claims 1-3 are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
--the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Daniel Hsieh on 01/21/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-4. Affirmation of this election must be made by applicant in replying to this Office action. Claim 5 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/30/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
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) 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (U.S. PG Pub No US2022/0344405A1) in view of Foley (U.S. PG Pub No US2009/0213593A1).
Regarding claim 1, Zhu teaches a transparent display device [see fig. 19, 0117] comprising:
a transparent display panel [see fig. 19, 0117-0122] (overall display device of fig. 19 comprising at-least-partially transparent components such as 40, 60 [0100, 0122]) comprising:
a substrate (10) fig. 19 [0058] having a plurality of display regions (regions overlapping 211) and a plurality of transparent regions (portions of 60 overlapping respective 211’s) (see annotated fig. 19 below); and
a pixel array (comprising collective 211’s) fig. 19 [0099] (see also fig. 14 for example of plan-layout) disposed on the substrate (10), wherein the pixel array (collective 211) comprises:
a plurality of pixels (211) fig. 19 [0058] disposed in an array along a first (horizontal) direction and a second (in/out of page in cross-section) direction (see fig. 14 for example of array layout [0105]; second direction = vertical direction in plan view), wherein the first (horizontal) direction and the second (in/out of page) direction are interleaved (alternative directions), and each of the plurality of pixels (211) overlaps with the corresponding display region (region overlapping 211) (see annotated fig. 19 below); and
a plurality of openings (openings in BM 23 hosting 211’s) fig. 19 [0062], wherein each of the plurality of openings (gaps in 211) is (laterally) surrounded by a portion of the plurality of pixels (collective 211’s), and each of the plurality of openings (openings in 23 hosting 211’s) overlaps with the corresponding transparent region (portions of 60 overlapping respective 211’s) (see annotated fig. 19 below); and
[AltContent: textbox (Transparent regions )]a functional film (comprising 60) fig. 19 [0117] disposed on (included in) the transparent display panel (comprising 10, 40, 60), wherein the pixel array (comprising 211’s) is located (vertically) between the functional film (60 with 61) and the substrate (10), there are a plurality of raised microstructures (61) fig. 19 [0117] on a surface of the functional film (60) facing away from the substrate (10), at least a portion of each of the plurality of raised microstructures (61) extends in a first oblique direction (OD1) (see annotated fig. 21 below), a size of the at least one portion (see annotated fig. 21 below) of each of the plurality of raised microstructures (61) is gradually decreased along the first oblique direction (OD1), and the first oblique direction (OD1) forms an acute angle α with a normal direction of the substrate (10) (see annotated figs. 19 and 21 below).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Display regions )][AltContent: arrow][AltContent: ][AltContent: ][AltContent: ][AltContent: textbox (Openings in BM)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect]
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[AltContent: textbox (OD2 Direction)][AltContent: textbox (OD1 Direction)][AltContent: textbox (α)][AltContent: textbox (β[img-media_image2.png])][AltContent: arrow][AltContent: textbox (First Portion of decreasing size defined along OD)][AltContent: arrow][AltContent: ][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: ][AltContent: textbox (Second Portion of decreasing size defined along OD2)][AltContent: textbox (Normal Direction)][AltContent: arc][AltContent: connector][AltContent: textbox (α[img-media_image2.png])][AltContent: arrow][AltContent: ][AltContent: connector]
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Annotated fig. 19 and fig. 21of Zhu
However, Zhu does not explicitly disclose wherein the substrate (10) is a transparent substrate (material of substrate not disclosed).
Foley teaches a transparent display device (100) fig. 2 [0021] wherein the substrate (118) fig. 2 [0021] is a transparent substrate (said to be formed of transparent material such as PET or PEN) [0021].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transparent display device of Zhu such that the substrate is explicitly formed of a transparent material such as PET or PEN [0021 Foley] in order to favorable vary refractive index properties [0021] so as to minimize light reflections [0021] and help improve black level viewing of the display [0009-0011], as taught by Foley.
Regarding claim 2, Zhu teaches a transparent display device [see fig. 19, 0117] of claim 1. Zhu also teaches a portion of the transparent display panel (comprising 40, 60) fig. 19 [0100] is in (direct) contact with the functional film (comprising 60) fig. 19 [0117].
However, Zhu does not explicitly disclose wherein θmin≤α≤θmax; θmin satisfies: tanθmin=n2/n1, n1 is a refractive index of the portion of the transparent display panel (comprising 60), and the transparent display device is in an external environment medium, n2is a refractive index of the external environment medium, θmax satisfies: n1∙sinθmax=n2∙sinθt and [(n1cosθmax-n2cosθtn1)/(n1cosθmax + n2cosθt2)] ^2 =50%, n1 is the refractive index of the portion of the transparent display panel (60), n2 is the refractive index of the external environmental medium, the one pixel emits a light beam, and θt is an exit angle at which the light beam exits the portion of the transparent display panel and is transmitted toward the external environment medium (angles, refractive indices not disclosed).
Foley teaches a transparent display device (100) fig. 2 [0021] wherein θmin≤α≤θmax; θmin satisfies: tanθmin=n2/n1 (nc = n1; no = n2) [0052-0055 Foley] (nc / no ~ 1.46/1.53 [see fig. 7A] while α is ~ 90-15 degrees ~ 75 degrees [0052 Foley], arctan (1.46/1.53) = 43.66 degrees, satisfying θmin≤α, while ≤θmax [see fig. 7A] is 87 degrees [see fig. 7A Foley], satisfying θmin≤α≤θmax with 43.66≤75≤ 87 [see fig. 7A, 0052-0055 Foley]), a portion of the transparent display panel (comprising 104, 101) fig. 2 [0039] is in (direct) contact with the functional film (comprising 101) fig. 2 [0039], n1 (nc = n1) [0052-0055 Foley] is a refractive index of the portion of the transparent display panel (comprising 101), and the transparent display device (100 comprising 114) [0044] is (partially) in an external environment medium (external relative to internal portions of 101), n2 (no = n2) [0052-0055 Foley] is a refractive index of the external environment medium (114), θmax satisfies: n1∙sinθmax = n2∙sinθt [equation 4a [0052 Foley]] and [(n1cosθmax-n2cosθtn1)/(n1cosθmax + n2cosθt2)] ^2 =50% [equation 5 (may be set equal to 50%) [0054 Foley]) [0053-0054]], n1 (nc = n1) [0052-0055 Foley] is the refractive index of the portion of the transparent display panel [0055 Foley], n2 (no = n2) [0052-0055 Foley] is the refractive index of the external environmental medium (114 external relative to internal 101 [0055 Foley]), the one pixel emits a light beam [0052-0055 Foley], and θt is an exit angle (“angle of exitance” [0052 Foley]) at which the light beam exits the portion of the transparent display panel and is transmitted toward the external environment medium (space outside of internal 101).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have determined the slope angle and refractive indices of the microstructures and other features of the transparent display panel [0052-0055] in accordance with the Fresnel reflection equations [0053 Foley] in order to control and thereby reduce or eliminate undesirable Fresnel reflection [0030, 0040, 0051] and help improve black level viewing of the display [0009-0011], as taught by Foley.
Regarding claim 4, Zhu teaches a transparent display device [see fig. 19, 0117] of claim 1. Zhu also teaches wherein each of the plurality of raised microstructures (61) fig. 19 [0117] comprises:
a first portion (“first portion” annotated fig. 21 above) extending in the first oblique direction (OD1), wherein a size of the first portion of the raised microstructure (61) is gradually decreased along the first oblique direction (OD1) (see annotated fig. 21 above); and
a second portion (“second portion” annotated fig. 21 above) extending in a second oblique direction (OD2), wherein the normal (vertical) direction of the transparent substrate (10) is located on a normal plane of the transparent substrate (10), the first oblique direction (OD1) and the second oblique direction (OD2) respectively point at opposite sides of the normal (vertical) plane, a size of the second portion of the raised microstructure (61) is gradually decreased along the second oblique direction (OD2) (see annotated fig. 21 above), and the second oblique direction (OD2) and the normal direction of the transparent substrate (10) form an acute angle β (see annotated fig. 21 above).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (U.S. PG Pub No US2022/0344405A1) modified by Foley (U.S. PG Pub No US2009/0213593A1), as applied in claim 1 above, and further in view of Robinson (U.S. PG Pub No US2017/0139097A1).
Regarding claim 4, Zhu in view of Foley teaches the transparent display device [see fig. 19, 0117] of claim 1. However, Zhu does not explicitly disclose wherein 33.7o≤ α ≤41.4o (angles not explicitly disclosed).
Robinson teaches a transparent display device [see fig. 40, 0002, 0268, 0272] wherein 33.7o≤α≤41.4o (slant angles of microstructures 1 α = 503/505 may be 35 degrees, for example [see fig. 40, 0268, 0272]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light guiding microstructures to have a slope α of about 35 or 40 degrees [0272] in order to favorably modulate light transmission [0269-0272] to improve the uniformity of illumination across a wide variety of angles [0010, 0027-0031], as taught by Robinson.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
All references made available on the PTO-892 form are considered relevant to the present disclosure because they all feature display devices with light guiding microstructures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN AYERS WINTERS whose telephone number is (571)270-3308. The examiner can normally be reached Monday - Friday 10:30 am - 7:00 pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, N. Drew Richards can be reached at (571) 272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN AYERS WINTERS/Examiner, Art Unit 2892 01/28/2026
/NORMAN D RICHARDS/Supervisory Patent Examiner, Art Unit 2892
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