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 (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.
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed November 10, 2025. Claims 1-20 are pending and an action on the merits is as follows. Claims 12-15 were previously withdrawn.
Response to Arguments
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive.
In regard to independent claim 1, applicant’s arguments, on pages 11-17 of the Remarks, that the previously applied prior art fails to disclose all of the limitations as applied to claim 1, as newly amended, have been fully considered. However, the examiner respectfully disagrees.
First, applicant argues that first upper substrates 381, 581 of Choi et al. “are not first and second lens surfaces that refract light.” Applicant further asserts that because Choi et al. discloses that the refractive indices of the liquid crystals molecules are different according to the alignment of those molecules, the liquid crystal itself constitutes a lens surface based on the distribution of the refractive indices of the molecules in the layer. However, it is noted that the although the birefringent nature of liquid crystals allows them to be used as a lens based on a director distribution of the layer, it does not preclude other surfaces from being lens surfaces. It is noted that the definition of a lens is a pieces of glass or other transparent material that has curved sides which concentrates or disperses light due to the difference in refractive index between the interface of that glass or other material and the adjacent surface. Therefore, the “lens shaped” surface constitutes a lens regardless of whether the disclosure of Choi et al. identifies it as such. Therefore, applicant’s arguments regarding the Choi et al. reference are not found persuasive.
Second, applicant argues that there are structural differences between the cited references and applicant’s disclosure. Applicant argues that applicant’s discloses a single liquid crystal layer while the device of Choi et al. discloses two liquid crystal layers. However, the current claim languages does not preclude a second liquid crystal layer. Applicant further argues about the driving and functional differences between the cited references and applicant’s disclosure. The current claim language does not include any driving or functional limitations about the liquid crystal, so this argument is not persuasive.
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 1-7 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Woodgate et al. (US 2014/0022619 A1) in view of Choi et al. (US 2013/0201436 A1).
In regard to claim 1, Woodgate et al. discloses a display device comprising (see e.g. Figures 2 and 7):
a display layer 21 generating light, the display layer including a plurality of pixels (see e.g. paragraph [0091]);
a polarizing layer 31 polarizing the light generated by the display layer 21 (see e.g. paragraph [0092]);
a first optical layer 41 disposed on the polarizing layer 31, the first optical layer 41 including a first lens array 44 comprising at least one first lens having a first lens surface refracting light from the plurality of pixels and a first electrode 71 on the first lens surface of the at least one first lens of the first lens array 44 (see e.g. paragraphs [0093] and [0107]);
a liquid crystal layer 70 disposed on the first optical layer 41, the liquid crystal layer 70 including liquid crystal molecules (see e.g. Figure 7 and paragraph [0107]); and
a second optical layer 51 disposed on the liquid crystal layer 70, the second optical layer 51 including a second lens array 52 comprising at least one second lens having a second lens surface refracting light from the plurality of pixels and a second electrode 73 disposed on the second lens surface of the at least one second lens of the second lens array 52 (see e.g. paragraphs [0093] and [0107]).
Woodgate et al. fails to disclose
the first and second electrodes are directly disposed on the at least first and second lenses of the first and second optical layers;
wherein the first and second electrodes are spaced apart from the liquid crystal layer;
wherein the first optical layer and the second optical layer are symmetrical to each other with respect to the liquid crystal layer.
However, Choi et al. discloses (see e.g. Figures 4 and 6):
the first and second electrodes 340/540, 370/570 are directly disposed the at least first and second lenses of on the first and second optical layers 381/581, 391/591;
wherein the first and second electrodes 340/540, 370/570 are spaced apart from the liquid crystal layer 121,122;
wherein the first optical layer 381/581 and the second optical layer 391/591 are symmetrical to each other with respect to the liquid crystal layer 121+110+122.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate with the first and second electrodes are directly disposed on the at least first and second lenses of the first and second optical layers; wherein the first and second electrodes are spaced apart from the liquid crystal layer; wherein the first optical layer and the second optical layer are symmetrical to each other with respect to the liquid crystal layer.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 2, Woodgate et al. discloses the limitations as applied to claim 1 above, and (see e.g. Figure 7):
wherein the first optical layer 41 further includes: a first substrate 40 supporting the first lens array.
Woodgate et al., in view of Yamaguchi, fails to disclose
a first planarization layer disposed over the first electrode, the first planarization layer planarizing a surface of the first optical layer.
However, Choi et al. discloses (see e.g. Figures 4 and 6):
a first planarization layer 382/582 disposed over the first electrode 340/540, the first planarization layer 382/582 planarizing a surface of the first optical layer 381/581.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with a first planarization layer disposed over the first electrode, the first planarization layer planarizing a surface of the first optical layer.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 3, Woodgate et al. discloses the limitations as applied to claim 2 above, and (see e.g. Figure 7):
wherein the second optical layer 51 further includes: a second substrate 54 supporting the second lens array.
Woodgate et al., in view of Yamaguchi, fails to disclose
a second planarization layer disposed over the second electrode, the second planarization layer planarizing a surface of the second optical layer.
However, Choi et al. discloses (see e.g. Figures 4 and 6):
a second planarization layer 392/592 disposed over the second electrode 370/570, the second planarization layer 392/592 planarizing a surface of the second optical layer 391/591.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with a second planarization layer disposed over the second electrode, the second planarization layer planarizing a surface of the second optical layer.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 4, Woodgate et al. discloses the limitations as applied to claim 3 above, and
the at least one first lens includes a convex surface (see e.g. Figures 2 and 7).
Woodgate et al. fails to disclose
wherein the at least one first lens is arranged such that the convex surface thereof faces the liquid crystal layer.
However, Choi et al. discloses (see e.g. Figure 4):
wherein the at least one first lens 381 is arranged such that the convex surface thereof faces the liquid crystal layer 121+110+122.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with wherein the at least one first lens is arranged such that the convex surface thereof faces the liquid crystal layer.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 5, Woodgate et al. discloses the limitations as applied to claim 4 above, and
the at least one second lens includes a convex surface (see e.g. Figures 2 and 7).
Woodgate et al. fails to disclose
wherein the at least one second lens is disposed such that the convex surface thereof faces the convex surface of the at least one first lens.
However, Choi et al. discloses (see e.g. Figure 4):
wherein the at least one second lens 391 is disposed such that the convex surface thereof faces the convex surface of the at least one first lens 381.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with wherein the at least one second lens is disposed such that the convex surface thereof faces the convex surface of the at least one first lens.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 6, Woodgate et al. discloses the limitations as applied to claim 4 above, but fails to disclose
wherein the first planarization layer and the second planarization layer are adjacent to the liquid crystal layer.
However, Choi et al. discloses (see e.g. Figure 4):
wherein the first planarization layer 382 and the second planarization layer 392 are adjacent to the liquid crystal layer 121+110+122.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with wherein the first planarization layer and the second planarization layer are adjacent to the liquid crystal layer.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 7, Woodgate et al. discloses the limitations as applied to claim 5 above, but fails to disclose
wherein: a distance between a center of the at least one first lens and a center of the at least one second lens is a shortest distance as compared to distances between all other portions of the at least one first lens to the at least one second lens; and a distance between an edge of the at least one first lens and an edge of the at least one second lens is a longest distance as compared to the distances between all other portions of the at least one first lens to the at least one second lens.
However, Choi et al. discloses (see e.g. Figure 4):
wherein: a distance between a center of the at least one first lens 381 and a center of the at least one second lens 391 is a shortest distance as compared to distances between all other portions of the at least one first lens to the at least one second lens; and
a distance between an edge of the at least one first lens 381 and an edge of the at least one second lens 391 is a longest distance as compared to the distances between all other portions of the at least one first lens to the at least one second lens.
Given the teachings of Choi, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with wherein: a distance between a center of the at least one first lens and a center of the at least one second lens is a shortest distance as compared to distances between all other portions of the at least one first lens to the at least one second lens; and a distance between an edge of the at least one first lens and an edge of the at least one second lens is a longest distance as compared to the distances between all other portions of the at least one first lens to the at least one second lens.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 16, Woodgate et al. discloses the limitations as applied to claim 3 above, but fails to disclose
the first planarization layer is composed of a same resin as the first lens array; and
the second planarization layer is composed of a same resin as the second lens array.
However, Choi et al. discloses (see e.g. Figure 4 and paragraph [0042] where the material may be transparent plastic):
the first planarization layer 382 is composed of a same resin as the first lens array 381; and
the second planarization layer 392 is composed of a same resin as the second lens array 391.
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with the first planarization layer is composed of a same resin as the first lens array; and the second planarization layer is composed of a same resin as the second lens array.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
In regard to claim 17, Woodgate et al. discloses the limitations as applied to claim 2 above, and
wherein each of the first substrate and the second substrate is a transparent substrate (see e.g. Figures 2-5 and note that light is transmitted through the substrates).
In regard to claim 18, Woodgate et al. discloses the limitations as applied to claim 1 above, but fails to disclose
wherein each of the first electrode and the second electrode is a transparent electrode.
However, Choi et al. discloses
wherein each of the first electrode and the second electrode is a transparent electrode (see e.g. paragraph [0043]).
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al. with wherein each of the first electrode and the second electrode is a transparent electrode.
Doing so would allow the liquid crystal to be controlled so as to provide a varifocal lens structure which allows a finer control of the liquid crystal alignment (see e.g. paragraph [0100] of Choi et al.).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Woodgate et al. (US 2014/0022619 A1) in view of Choi et al. (US 2013/0201436 A1) and further in view of Baek et al. (US 2013/0002970 A1).
In regard to claim 8, Woodgate et al., in view of Choi et al., discloses the limitations as applied to claim 7 above, but fails to disclose
wherein, when a voltage is applied to the first electrode and the second electrode, the liquid crystal molecules overlapping with the center of the at least one first lens and the center of the at least one second lens are aligned in a direction vertical to the liquid crystal layer, and the liquid crystal molecules overlapping with the edge of the at least one first lens and the edge of the at least one second lens are aligned in a direction horizontal to the liquid crystal layer.
However, Baek et al. discloses (see e.g. Figure 6):
wherein, when a voltage is applied to the first electrode 110 and the second electrode 120, the liquid crystal molecules 135 overlapping with the center of the at least one first lens (i.e. at P1) aligned in a direction vertical to the liquid crystal layer, and the liquid crystal molecules 135 overlapping with the edge of the at least one first lens (i.e. at a center between P1 and P2) are aligned in a direction horizontal to the liquid crystal layer. The combination of Woodgate et al., in view of Choi et al., with Baek et al. would result in wherein, when a voltage is applied to the first electrode and the second electrode, the liquid crystal molecules overlapping with the center of the at least one first lens and the center of the at least one second lens are aligned in a direction vertical to the liquid crystal layer, and the liquid crystal molecules overlapping with the edge of the at least one first lens and the edge of the at least one second lens are aligned in a direction horizontal to the liquid crystal layer.
Given the teachings of Baek et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al., in view of Choi et al., with wherein, when a voltage is applied to the first electrode and the second electrode, the liquid crystal molecules overlapping with the center of the at least one first lens and the center of the at least one second lens are aligned in a direction vertical to the liquid crystal layer, and the liquid crystal molecules overlapping with the edge of the at least one first lens and the edge of the at least one second lens are aligned in a direction horizontal to the liquid crystal layer.
Doing so would provide a graded index of refraction which allows for a desired lensing effect.
In regard to claim 9, Woodgate et al., in view of Choi et al., with discloses the limitations as applied to claim 8 above, but fails to disclose
wherein: a smallest refractive index of the liquid crystal layer is at a first portion where the center of the at least one first lens and the center of the at least one second lens overlap with each other; and a largest refractive index of the liquid crystal layer is at a second portion where the edge of the at least one first lens and the edge of the at least one second lens overlap with each other.
However, Baek et al. discloses
wherein: a smallest refractive index of the liquid crystal layer is at a first portion where the center of the at least one first lens is; and a largest refractive index of the liquid crystal layer is at a second portion where the edge of the at least one first lens is (see e.g. Figure 6 and paragraph [0052] where it is noted that it is a positive liquid crystal). The combination of Woodgate et al., in view of Choi et al., with Baek et al. would result in wherein: a smallest refractive index of the liquid crystal layer is at a first portion where the center of the at least one first lens and the center of the at least one second lens overlap with each other; and a largest refractive index of the liquid crystal layer is at a second portion where the edge of the at least one first lens and the edge of the at least one second lens overlap with each other.
Given the teachings of Baek et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al., in view of Woodgate et al., in view of Choi et al., with wherein: a smallest refractive index of the liquid crystal layer is at a first portion where the center of the at least one first lens and the center of the at least one second lens overlap with each other; and a largest refractive index of the liquid crystal layer is at a second portion where the edge of the at least one first lens and the edge of the at least one second lens overlap with each other.
Doing so would provide a graded index of refraction which allows for a desired lensing effect.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Woodgate et al. (US 2014/0022619 A1) in view of Choi et al. (US 2013/0201436 A1) and further in view of Kang (US 2013/0050595 A1), hereinafter Kang ‘595.
In regard to claim 19, Woodgate et al., in view of Choi et al., discloses the limitations as applied to claim 1 above, but fail to disclose
wherein, when there is no voltage applied to the first electrode and the second electrode, the display device operates in a 2D mode, wherein a 2D image is displayed by the display device in the 2D mode.
However, Kang ‘595 discloses
wherein, when there is no voltage applied to the first electrode and the second electrode, the display device operates in a 2D mode, wherein a 2D image is displayed by the display device in the 2D mode (see e.g. paragraph [0052]).
Given the teachings of Kang ‘595, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al., in view of Choi et al., with wherein, when there is no voltage applied to the first electrode and the second electrode, the display device operates in a 2D mode, wherein a 2D image is displayed by the display device in the 2D mode.
Doing so would provide a switching capability between a 2D and 3D state using a birefringent property of the liquid crystals.
In regard to claim 20, Woodgate et al., in view of Choi et al., discloses the limitations as applied to claim 1 above, but fails to disclose
wherein, when a voltage is applied to the first electrode and the second electrode, the display device operates in a 3D mode, wherein a 3D image is displayed by the display device in the 3D mode.
However, Kang ‘595 discloses
wherein, when a voltage is applied to the first electrode and the second electrode, the display device operates in a 3D mode, wherein a 3D image is displayed by the display device in the 3D mode (see e.g. paragraph [0052]).
Given the teachings of Kang ‘595, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Woodgate et al., in view of Choi et al., with wherein, when a voltage is applied to the first electrode and the second electrode, the display device operates in a 3D mode, wherein a 3D image is displayed by the display device in the 3D mode.
Doing so would provide a switching capability between a 2D and 3D state using a birefringent property of the liquid crystals.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM.
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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871