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
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites "a first layer disposed on the base layer, and having a first refractive index within a range of about 1.7 to about 1.9" and "when the first refractive index is within a range of about 1.7 to about 1.8, the second refractive index is in a range of about 2.0 to about 2.4, and when the first refractive index is greater than about 1.8 and equal to or less than about 1.9, the second refractive index is in a range of: 2.0
≤
n2 ≤(-3 x n1) + 7.8".
The use of the broad, imprecise term "about" in setting the boundary conditions (e.g., "about 1.8") creates ambiguity when combined with the strict/precise mathematical inequality limits (2.0
≤
n2
≤
(-3 x n1) + 7.8). It is unclear whether a value such as 1.804 falls under "about 1.8" in the first condition or "greater than about 1.8" in the second condition, rendering the precise scope of the conditional boundaries unclear to a person having ordinary skill in the art.
Claims 2-20 are indefinite by virtue of their dependency on Claim 1 (or Claim 16/18, which contain identical language/imprecise "about" limitations).
Allowable Subject Matter
Claim 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and remediation of the issues related the 35 USC § 112 rejection of claim 1.
Prior Art of Record
The applicant's attention is directed to additional pertinent prior art cited in the accompanying PTO-892 Notice of References Cited, which, however, may not be currently applied as a basis for the following rejections. While these references were considered during the examination of this application and are deemed relevant to the claimed subject matter, they are not presently being applied as a basis for rejection in this Office action. The pertinence of these documents, however, may be revisited, and they may be applied in subsequent Office actions, particularly in light of any amendments or further clarification of the claimed invention.
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.
Claim(s) 1-6, 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adib et al. (US 9,703,011).
CLAIM 1. Adib teaches a window 100 (Abstract, ¶74, ¶135 & Figs. 5-7), comprising:
a base layer 110/210 ([¶74, ¶135 "the substrate may comprise an alkali aluminosilicate glass composition", "chemically strengthened alkali aluminosilicate glass substrate 210")
a first layer 130/140 (Note: 130 & 140 are/may be comprised of sublayers meeting the broad scope. The layers are merely required to be in a order and not necessarily required to be in direct physical contact. Layers meeting the properties in the particular order may be arbitrarily assigned to the recited “a first layer”, “second layer”, etc..) disposed on the base layer 110, 210, and having a first refractive index within a range of about 1.7 to about 1.9 (¶74, 88, 101,135 - "the refractive index gradient may be formed by a plurality of discrete sub-layers", "the scratch-resistant layer 140 has a refractive index of about 1.7 or greater…1.8 or greater, 1.9 or greater")
a second layer 130/140 (or sub layer) disposed on the first layer 130/140, and having a second refractive index that is larger than the first refractive index (¶88], ¶101 -"each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient", "has a refractive index that is greater than the refractive index of the substrate 110")
and a third layer 150 disposed on the second layer 140, and having a third refractive index that is less than each of the first refractive index and the second refractive index (¶102,135: "The capping layer 150 of one or more embodiments may include a low refractive index material", "The refractive index of the capping layer 150 may be in the range from about 1.3 to about 1.7")
wherein when the first refractive index is within a range of about 1.7 to about 1.8, the second refractive index is in a range of about 2.0 to about 2.4, and when the first refractive index is greater than about 1.8 and equal to or less than about 1.9, the second refractive index is in a range of: 2.0 ≤ n2 ≤ (-3 x n1) + 7.8 (¶88, 101, Table 5 - "each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient", "refractive indices (as a function of wavelength) of the formed layers of the optical film")
where, n1 is the first refractive index, and n2 is the second refractive index (¶88, 101: "refractive index gradient")
CLAIM 2. Adib teaches the window 100 of claim 1, further comprising an anti-fingerprint layer disposed on the third layer 150 (¶74,102-103, 135 & 150 - "The capping layer 150 of one or more embodiments may include a low refractive index material")
CLAIM 3. Adib teaches the window 100 of claim 2, wherein the second layer 140¶101]) is disposed directly on the first layer 130, the third layer 150 is disposed directly on the second layer 140, and the anti-fingerprint layer 150 is disposed directly on the third layer 140 (Fig. 7 & ¶85-88,101-103, 135 & 150 - "the optical modifying layer 130 is disposed between the substrate 110 and the scratch-resistant layer 140", "capping layer 150 disposed on the scratch-resistant layer 140" Note: 140 comprises at lest two distinct layers.)
Claim 4. Adib teaches the window 100 of claim 2, further comprising an adhesive layer (¶94]) disposed between the first layer 130/140 and the second layer 140 ) and/or between the second layer 140 and the third layer 150 "the optical film 120 [130/140/150] may be combined with separate layers, or multiple separate layers, where the separate layers act as crack mitigating layers")
Claim 5 Adib teaches the window 100 of claim 2, wherein the first layer has a thickness within a range of about 50 nm to about 95 nm, wherein the second layer has a thickness within a range of about 50 nm to about 150 nm, wherein the third layer has a thickness within a range of about 50 nm to about 80 nm, and wherein the anti-fingerprint layer has a thickness within a range of about 20 nm to about 45 nm. (Adib discloses physical layer thicknesses for high, intermediate, and low index layers ranging broadly from 10 nm to 200 nm, which overlaps the claimed sub-ranges (¶96], ¶100). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to select specific layer thicknesses within Adib's disclosed ranges to optimize optical destructive interference, as thickness optimization of interference layers is a result-effective variable (MPEP 2144.05))
Claim 6 Adib teaches the window of claim 2, wherein first to fourth reflectances on an upper surface of the anti-fingerprint layer are each about 1% or less, the second reflectance is higher than the third reflectance (¶97"exhibits an average light reflectance of about 2% or less, 1.5% or less, 0.75% or less, 0.5% or less, 0.25% or less, 0.1% or less, or even 0.05% or less")
wherein the first reflectance is a specular component (SC) reflectance in a wavelength range of about 445 nm to about 455 nm (¶97, 134 "wavelength ranges such as from about 450 nm to about 650 nm", "refractive indices (as a function of wavelength)
wherein the second reflectance is an SC reflectance in a wavelength range of about 520 nm to about 530 nm (¶97, 134 "wavelength ranges such as from about 450 nm to about 650 nm", "refractive indices (as a function of wavelength)
wherein the third reflectance is an SC reflectance in a wavelength range of about 550 nm to about 560 nm (¶97, 134 "wavelength ranges such as from about 450 nm to about 650 nm", "refractive indices (as a function of wavelength)and
wherein the fourth reflectance is an SC reflectance in a wavelength range of about 620 nm to about 630 nm (¶97, 134 "wavelength ranges such as from about 450 nm to about 650 nm", "refractive indices (as a function of wavelength)
Claim 9 Adib teaches the window 100 of claim 1, wherein the third layer 150 has a refractive index within a range of about 1.48 to about 1.5 (¶102, 134: "The refractive index of the capping layer 150 may be in the range from about 1.3 to about 1.7", "refractive indices (as a function of wavelength)")
Claim 10The window 100 of claim 1, wherein the third layer 150 comprises silicon dioxide (¶95, 102: "Exemplary materials suitable for use in the optical modifying layer 130 include: SiO2, Al2O3, GeO2, SiO...", "low refractive index material, such as SiO2")
Claim 11The window of claim 1, wherein a ratio of the first refractive index to the second refractive index is about 1:1.1 to about 1:1.4 (¶88,101: "each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient")
Claim 12 Adib teaches the window 100 of claim 1, wherein the first layer 130/140 comprises tantalum pentoxide and aluminum oxide (¶95 129: "Exemplary materials suitable for use in the optical modifying layer 130 include: SiO2, Al2O3, GeO2, SiO...", "All of the materials described in Table 3 above were deposited using precursor materials such as oxides (e.g., Al2O3, Ta2O5, and Y2O3)")
Claim 13 Adib teaches the window of claim 1, wherein the second layer 140 comprises tantalum pentoxide and zirconium oxide (¶95 129: "Exemplary materials suitable for use in the optical modifying layer 130 include: SiO2, Al2O3, GeO2, SiO...", "All of the materials described in Table 3 above were deposited using precursor materials such as oxides (e.g., Al2O3, Ta2O5, and Y2O3)")
Claim 14 Adib teaches the window of claim 1, wherein a luminous reflectance on an uppermost surface 101 is about 0.5% or less (¶97, 134]: "exhibits an average light reflectance of about 2% or less, 1.5% or less, 0.75% or less, 0.5% or less")
Claim 15 Adib teaches the window of claim 1, wherein a saturation of C^* is about 3 or less in the equation:
PNG
media_image1.png
30
158
media_image1.png
Greyscale
where, a* and b* are each CIE color coordinates (¶104-106, 134: "desired targets of the invention for some applications (e.g., a and b variations no greater than +/-2.0 for reflected F2 illumination)")
Claim 16 Adib teaches the window 100, comprising:
a base layer 110, 210;
a first layer 130/140 disposed on the base layer 110, 210, and having a first refractive index within a range of about 1.7 to about 1.9 (¶88, 101: "the refractive index gradient may be formed by a plurality of discrete sub-layers")
a second layer 140 disposed on the first layer 140, and having a second refractive index that is higher than the first refractive index (¶88,101: "has a refractive index that is greater than the refractive index of the substrate 110")
and a third layer 150 disposed on the second layer 140, and has a third refractive index that is lower than the first refractive index (¶102, 135: "The capping layer 150 of one or more embodiments may include a low refractive index material")
wherein on an uppermost surface 101, the window 100 has first to fourth reflectances, each of which is about 1% or less (¶97], 134: "exhibits an average light reflectance of about 2% or less, 1.5% or less, 0.75% or less, 0.5% or less, 0.25% or less, 0.1% or less, or even 0.05% or less")
wherein the first reflectance is about 0.01% to about 0.8% in a wavelength range of about 445 nm to about 455 nm; wherein the second reflectance is about 0.15% to about 0.8% in a wavelength range of about 520 nm to about 530 nm; wherein the third reflectance is about 0.04% to about 0.3% in a wavelength range of about 550 nm to about 560 nm; and wherein the fourth reflectance is about 0.15% to about 0.7% in a wavelength range of about 620 nm to about 630 nm (Adib discloses anti-reflective properties achieving overall photopic reflectance of less than 1% across the visible light spectrum from 400 nm to 700 nm, which encompasses individual sub-bands falling within 0.01% to 0.8% across 445–455 nm, 520–530 nm, 550–560 nm, and 620–630 nm; (¶96, 134).
Claim 17 Adib teaches the window 100 of claim 16, wherein when the first refractive index is about 1.7 to about 1.8, the second refractive index is in a range of about 2.0 to about 2.4, and when the first refractive index is greater than about 1.8 and equal to or less than about 1.9, the second refractive index is in a range of: 2.0 \le n_2 \le (-3 \times n_1) + 7; where, n_1 is the first refractive index, and n_2 is the second refractive index 8 (Adib discloses overlapping refractive index ranges for high-index (2.0 to 2.4) and intermediate-index (1.7 to 1.9) layers; (¶88-101. Selecting index parameters satisfying the formula to maintain low reflectance represents routine optimization of a result-effective variable, as set forth in Claim 1)
Claim 18 Adib teaches the display device, comprising:
a display module including a base substrate, a circuit layer disposed on the base substrate, a light-emitting element layer disposed on the circuit layer, a sensor layer disposed on the light-emitting element layer (¶2-4 – Window layer is intended to cover devices to provide a “user interface for input and/or display” thereby teaching underlying light emitting devices and sensors.), and a light control layer disposed on the sensor layer 110/ 210 and a window 100 disposed on the display module (¶2-4) wherein the window 100 includes:
a base layer 110, 210;
a first layer 130/140 disposed on the base layer 110/210, and having a first refractive index within a range of about 1.7 to about 1.9 (¶88], 101: "the refractive index gradient may be formed by a plurality of discrete sub-layers")
a second layer 140 disposed on the first layer 140, and having a second refractive index that is greater than the first refractive index (¶88], 101: "the refractive index gradient may be formed by a plurality of discrete sub-layers")and
a third layer 150 disposed on the second layer 140 and having a third refractive index that is less than each of the first refractive index and the second refractive index (¶10],135: "The capping layer 150 of one or more embodiments may include a low refractive index material")
when the first refractive index is within a range of about 1.7 to about 1.8, the second refractive index is in a range of about 2.0 to about 2.4, and when the first refractive index is greater than 1.8 and at most 1.9, the second refractive index is in a range of: 2.0
≤
n2 ≤(-3 x n1) + 7.8 (¶88, 101 - Table 5: "each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient")
where, n1 is the first refractive index, and n2 is the second refractive index (¶88, 101 - Table 5: "each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient")
Claim 19 The display device of claim 18, wherein a ratio of the first refractive index to the second refractive index is about 1:1.1 to about 1:1.4 (¶88, 101 - Table 5: "each of the sub-layers has a specific refractive index and, when combined with the other sub-layers, forms part of the refractive index gradient").
Claim 20 Adib teaches the display device of claim 18, wherein the first layer has a thickness within a range of about 50 nm to about 95 nm, wherein the second layer has a thickness within a range of about 50 nm to about 150 nm, and wherein the third layer has a thickness within a range of about 50 nm to about 80 nm. (Adib discloses optical layer thicknesses overlapping these ranges (10 nm to 200 nm) to achieve optical interference, as set forth in Claim 5 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARRETT J STARK whose telephone number is (571)272-6005. The examiner can normally be reached 8-4 M-F.
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JARRETT J. STARK
Primary Examiner
Art Unit 2822
8/24/2026
/JARRETT J STARK/ Primary Examiner, Art Unit 2898
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