DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/09/2026 has been entered.
Applicant’s amendment dated 09/09/2026 has also received and entered. By the amendment, claims 1-19 and 21 are now pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/27/2026 and 09/23/2026 was filed and considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-13, 15 and 16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Telfer et al., US 2023/0004061 A1.
Claims 1-4, 6-13, 15 and 16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by
Claim 1 is anticipated by Telfer et al. figures 1, 2, 4 and accompanying text which discloses system comprising:
. a first layer 150
. a second layer 160
. a plurality of capsules 126
. wherein the plurality of capsules comprise a functional additive 121/122
. a carrier layer 120 is disposed within each of the plurality of capsules (fig. 2) and permits free movement of each of the functional additive 121/122 within each of the plurality of capsules (according to an electrophoretic property).
. the functional additive is switchable to a first state and a second state (bistable display, [0054]).
In case of functional additive not freely mowed in the Telfer et al. It would have been obvious to one of ordinary skill in the display before the effective filing dated of the claimed invention to employ the Telfer et al. functional additive freely moving inside the capsule (e.g., under electric field applying), since it is a known practice in the display for light modulation purposes.
Re claims 2 and 16, wherein the functional additive comprises a negatively charged component and a positively charged component ([0052]).
Re claims 3-4, wherein the functional additive absorbs light in a visible wavelength bandwidth (electrophoretic display property, [0062]).
Re claim 6, wherein the functional additive comprises one or more pigments ([0055]).
Re claim 7, wherein the functional additive comprises a colorant (Abstract, [0055]).
Re claims 8-9, wherein the first layer and the second layer are transparent in a wavelength range of from about 380 nm to about 700 nm (visible wavelength range)([0053]).
Re claim 10, wherein a surface charge-controlled layer 110/130 in proximity to the first layer or the second layer.
Re claims 11-13, wherein a first state comprises transparency in a first visible wavelength bandwidth and a second state comprises absorbance in a second visible wavelength bandwidth ([0010]-[0011]).
Re claim 15, wherein the carrier layer is filled with a liquid ([0054]).
Re claim 21, wherein a first state comprises transparency in a first visible wavelength bandwidth and a second state comprises absorbance in a second visible wavelength bandwidth ([0010]-[0011]).
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.
Claims 5, 14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Telfer et al., US 2023/0004061 A1.
Re claim 5, Telfer et al. disclose the claimed invention as described above except for the functional additive comprises a plurality of quantum dots. It would have been an obvious matter of design choice to employ the Telfer et al. functional additive with a plurality of quantum dots since it would be considered equally well alternative for the electrophoresis particle (e.g., functional additive).
Re claim 14, Telfer et al. disclose the claimed invention as described above except for a size of each of the capsules from about 15 to about 100 microns. It would have been an obvious matter of design choice to employ the Telfer et al. capsule size in the claimed range, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art
Re claim 17, Telfer et al. disclose the claimed invention as described above except for a gap between the first layer and the second layer is from about 80 microns to about 150 microns. It would have been an obvious matter of design choice to employ the Telfer et al. cell gap in the claimed range, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art
Re claims 18-19, Telfer et al. disclose the claimed invention as described above except for application in an eyewear and/or in an aerospace vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the Telfer et al. device/system in an eyewear and/or in an aerospace vehicle, since it was known in the art to obtain an electrophoresis advantages (e.g., adaptive, visual comfort, fast switching optical states).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
. Albert et al. (US 6,727,881), disclose electrophoretic display with a functional additive freely moved inside a capsule (see figs 2-4).
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/DUNG T NGUYEN/Primary Examiner, Art Unit 2871
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