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 .
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..
Claims 1-14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, it is unclear what is included in the term “combined layer” when dependent claim 4 describes the combined layer as including “a compensation layer formed on the upper surface of the second support layer by mixing a surface-treated coating composition with a first dye” and “an adhesive layer formed below the lower surface of the first support layer and mixed with a second dye”, when the “first and second support layers are formed below a lower surface and above an upper surface, respectively, of the polarizing layer” as described in the parent claim 1, such that the compensation layer and the adhesive layer are separated by the polarizing layer which is not part of the combined layer.
For the purposes of examination, the “combined layer” is interpreted as a set of dye-containing layers which can be separated from each other by other functional layers.
Regarding claims 3-4, it is unclear what is meant by the term “surface-treated coating composition” when a composition is usually without structure at the macro-level, unless the term “surface-treated” was intended to read “surface-treatment” where the coating composition is applied to a surface of a layer, hence surface-treating said layer.
For the purposes of examination, the latter interpretation is deemed to be within the scope of the broadest reasonable interpretation.
Additionally, it is unclear what is meant by the term “compensation layer”. Although the term is conventionally synonymous with the term “optical retardation layer” in optical display technology, said term appears to have a different meaning in this case, since the “compensation layer” is formed “by mixing a surface-treated coating composition” with “dye”, where a coating composition comprising a dye is normally associated with a color filter layer coating composition.
For the purposes of examination, a color filter layer is deemed to be within the scope of the broadest reasonable interpretation in the absence of a clear showing to the contrary.
Regarding claim 7, it is unclear what is included in the term “at least one color layer” when dependent claim 12 describes the “at least one color layer” as including “a first color layer formed on the upper surface of the second support layer” and “a second color layer formed between the adhesive layer and the first support layer”, when the “first and second support layers are formed below a lower surface and above an upper surface, respectively, of the polarizing layer” as described in the parent claim 7, such that the first color layer and the second color layer are separated at least by the polarizing layer which is not part of the “at least one color layer”.
For the purposes of examination, the “at least one color layer” is interpreted as a set of color layers which can be separated from each other by other functional layers.
Claims 2-6 depend on and include all the subject matter of claim 1, and claims 8-14 depend on and include all the subject matter of claim 7, but all fail to provide any clear solutions to the indefinite issues described above.
Clarification and/or amendment, accompanied by relevant citation(s) from the disclosure and/or teaching reference(s) are required.
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, 3, 5-6 are rejected under 35 U.S.C. 102(a/1,2) as being anticipated by Lee (US 2019/0129071).
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Regarding claim 1, Lee teaches polarizing plate ([0023]) comprising:
a polarizing layer (polarizer [0023]) absorbing incident light in a first direction and transmitting incident light in a second direction perpendicular to the first direction (extracting only light vibrating in one direction from the incident light vibrating in various directions, achieved by stretching polyvinyl alcohol (PVA) having iodine absorbed thereto [0097] which forms a light absorbing polarizing layer);
first and second support layers (polarizer protecting film [0023] includes a substrate [0020] laminated on both faces of the polarizer [0098], lower support and upper support in above drawing) formed below a lower surface and above an upper surface, respectively, of the polarizing layer (laminated on both faces of the polarizer [0098]); and
a combined layer (photocurable resin layer [0021]) formed below a lower surface of the first support layer (photocurable resin layer provided on at least one face of the substrate [0030]) and/or above an upper surface of the second support layer (laminated on both faces of the polarizer [0098], substrate surface on which the photocurable resin layer is not formed, is adhered to the polarizer, and the photocurable resin layer is laminated so as to be positioned outside the polarizing plate [0103]), wherein the combined layer includes a dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021], upper and lower dye-containing layers in above drawing).
Regarding claim 3, Lee teaches that the combined layer includes a compensation layer (photocurable resin layer [0021], upper dye-containing layer in above drawing) formed on the upper surface of the second support layer (substrate [0030], upper support in above drawing) by mixing a surface-treated coating composition with the dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]).
Regarding claim 5, Lee teaches that the dye absorbs light of a specific wavelength band (maximum absorption wavelength is 520 nm to 540 nm [0022]).
Regarding claim 6, Lee teaches a display apparatus (liquid crystal display [0106] device [0104]) comprising: a display panel displaying an image (liquid crystal display [0106] displaying an image [0003-0004]); a backlight unit disposed below the display panel to supply light ([0105]); and the polarizing plate disposed between the display panel and the backlight unit (lower polarizing plate of the LCD [0019]).
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.
Claims 2, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee, as applied to claims 1, 3, 5-6 above, and further in view of Noh (Clarivate Analytics English translation of KR-20180098789-A).
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Lee teaches the polarizing plate comprising the first and second support layers formed below a lower surface and above an upper surface, respectively, of the polarizing layer; and the combined layer including a dye, formed below a lower surface of the first support layer and above an upper surface of the second support layer, as described above.
Regarding claim 2, Lee teaches that the combined layer includes a layer formed below the lower surface of the first support layer (photocurable resin layer provided on at least one face of the substrate [0030], laminated on both faces of the polarizer [0098], substrate surface on which the photocurable resin layer is not formed, is adhered to the polarizer, and the photocurable resin layer is laminated so as to be positioned outside the polarizing plate [0103]), and mixed with a dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021], lower dye-containing layer in above drawing), but fails to teach that it is an adhesive layer mixed with the dye.
However, Lee teaches that the polarizing plate is installed in a display apparatus (device [0026]) where it is laminated to other optical components of the display apparatus, and that the dye-containing layer is present for the purpose of providing the desired high color reproducibility while enhancing visibility of a laser pointer ([0085]).
Noh teaches that an adhesive layer (40) which is provided on an outer surface of a polarizing plate (upper surface of the second protective substrate (30), last para of page 1 and first para of page 2, Fig. 1), for the purpose of laminating other optical components to the polarizing plate (last two paras of page 5) when the polarizing plate is installed in a display apparatus (applied to an image display device, 3rd para of page 6), can be a dye-containing layer (first dye or second dye, 3rd para of page 6), for the purpose of providing the desired high color reproducibility (purity, 3rd para of page 6).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the dye-containing layer in the combined layer formed below the lower surface of the first support layer of the polarizing plate of Lee, as an adhesive layer mixed with the dye, in order to laminate the polarizing plate to other optical components when installed in a display apparatus, and to obtain the desired high color reproducibility, as taught by Noh.
Regarding claim 4, Lee teaches that the combined layer includes a compensation layer (photocurable resin layer [0021], upper dye-containing layer in above drawing) formed on the upper surface of the second support layer (substrate [0030], upper support in above drawing) by mixing a surface-treated coating composition with a first dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]), and a layer formed below the lower surface of the first support layer (photocurable resin layer provided on at least one face of the substrate [0030], laminated on both faces of the polarizer [0098], substrate surface on which the photocurable resin layer is not formed, is adhered to the polarizer, and the photocurable resin layer is laminated so as to be positioned outside the polarizing plate [0103]), and mixed with a second dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021], lower dye-containing layer in above drawing), but fails to teach that it is an adhesive layer mixed with the second dye.
However, Lee teaches that the polarizing plate is installed in a display apparatus (device [0026]) where it is laminated to other optical components of the display apparatus, and that the dye-containing layer is present for the purpose of providing the desired high color reproducibility while enhancing visibility of a laser pointer ([0085]).
Noh teaches that an adhesive layer (40) which is provided on an outer surface of a polarizing plate (upper surface of the second protective substrate (30), last para of page 1 and first para of page 2, Fig. 1), for the purpose of laminating other optical components to the polarizing plate (last two paras of page 5) when the polarizing plate is installed in a display apparatus (applied to an image display device, 3rd para of page 6), can be a dye-containing layer (first dye or second dye, 3rd para of page 6), for the purpose of providing the desired high color reproducibility (purity, 3rd para of page 6).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the dye-containing layer in the combined layer formed below the lower surface of the first support layer of the polarizing plate of Lee, as an adhesive layer mixed with the second dye, in order to laminate the polarizing plate to other optical components when installed in a display apparatus, and to obtain the desired high color reproducibility, as taught by Noh.
Claims 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2019/0129071) in view of Noh (Clarivate Analytics English translation of KR-20180098789-A).
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Adhesive Layer (40) of Noh
Regarding claim 7, Lee teaches a polarizing plate ([0023]) comprising:
a polarizing layer (polarizer [0023]) absorbing incident light in a first direction and transmitting incident light in a second direction perpendicular to the first direction (extracting only light vibrating in one direction from the incident light vibrating in various directions, achieved by stretching polyvinyl alcohol (PVA) having iodine absorbed thereto [0097] which forms a light absorbing polarizing layer); and
first and second support layers (polarizer protecting film [0023] includes a substrate [0020] laminated on both faces of the polarizer [0098]) formed below a lower surface and above an upper surface, respectively, of the polarizing layer (laminated on both faces of the polarizer [0098], first support layer is lower support in above drawing).
In addition, Lee teaches at least one color layer (photocurable resin layer [0021], lower color layer in above drawing) formed on a lower surface of the first support layer (lower support in above drawing) and mixed with a dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]).
Lee fails to teach an adhesive layer formed below a lower surface of the first support layer, such that the at least one color layer is located above the adhesive layer.
However, Lee teaches that the polarizing plate is installed in a display apparatus (device [0026]) where it is laminated to other optical components of the display apparatus.
Noh teaches that an adhesive layer (40) is provided on an outer surface of a polarizing plate (upper surface of the second protective substrate (30), last para of page 1 and first para of page 2, Fig. 1), for the purpose of laminating other optical components to the polarizing plate (last two paras of page 5) when the polarizing plate is installed in a display apparatus (applied to an image display device, 3rd para of page 6).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have formed an adhesive layer below the lower surface of the first support layer, of the polarizing plate of Lee, such that the at least one color layer is formed above the adhesive layer, in order to laminate the polarizing plate to other optical components when installed in a display apparatus, as taught by Noh.
Regarding claim 8, Lee teaches that the at least one color layer includes a transparent resin which is mixed with the dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021], pentaerythritol tri(tetra) acrylate, urethane acrylate, Example 1 [0109], transparent … polyacrylate [0091]).
Regarding claim 9, Lee teaches that the dye absorbs light of a specific wavelength band (maximum absorption wavelength is 520 nm to 540 nm [0022]).
Regarding claim 10, the at least one color layer of the polarizing plate of Lee, as modified by Noh, is formed between the adhesive layer and the first support layer (lower support in above drawing), as described above.
Regarding claim 11, Lee teaches that the at least one color layer (photocurable resin layer [0021], upper color layer in above drawing) is also formed on an upper surface of the second support layer (polarizer protecting film [0023] includes a substrate [0020] laminated on both faces of the polarizer [0098], second support layer is upper support in above drawing) and mixed with a dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]).
Regarding claims 12-13, Lee teaches that the at least one color layer includes a first color layer (photocurable resin layer [0021], upper color layer in above drawing) formed on an upper surface of the second support layer (upper support in above drawing, the polarizer protecting film [0023] includes a substrate [0020] laminated on both faces of the polarizer [0098]) and mixed with a first dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]), and a second color layer (photocurable resin layer [0021], lower color layer in above drawing) formed on a lower surface of the first support layer (lower support in above drawing) and mixed with a second dye (photocurable resin layer includes a cured product of a photocurable binder and a dye [0021]). Lee fails to teach an adhesive layer formed below a lower surface of the first support layer, such that the second color layer is located between the adhesive layer and the first support layer.
However, Lee teaches that the polarizing plate is installed in a display apparatus (device [0026]) where it is laminated to other optical components of the display apparatus.
Noh teaches that an adhesive layer (40) is provided on an outer surface of a polarizing plate (upper surface of the second protective substrate (30), last para of page 1 and first para of page 2, Fig. 1), for the purpose of laminating other optical components to the polarizing plate (last two paras of page 5) when the polarizing plate is installed in a display apparatus (applied to an image display device, 3rd para of page 6).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have formed an adhesive layer below the lower surface of the first support layer, and below the second color layer of the polarizing plate of Lee, such that the second color layer is located between the adhesive layer and the first support layer, in order to laminate the polarizing plate to other optical components when installed in a display apparatus, as taught by Noh.
Regarding claim 14, Lee teaches a display apparatus (liquid crystal display [0106] device [0104]) comprising: a display panel displaying an image (liquid crystal display [0106] displaying an image [0003-0004]); a backlight unit disposed below the display panel to supply light ([0105]); and the polarizing plate disposed between the display panel and the backlight unit (lower polarizing plate of the LCD [0019]).
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular work week between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
Information regarding the status of an application may be obtained from the Patent Center (https://patentcenter.uspto.gov). Should you have any questions on the Patent Center system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
