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 § 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.
Claims 1, 4-10, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190346600 A1 (Weatley et al.).
Regarding claim 1:
Weatley discloses a coated microstructured film comprising:
a) a plurality of microstructures extending across a first surface of the microstructured film; (Fig. 1B, microstructures on film [150]) and
b) a coating disposed on a first portion of at least some of the microstructures (Fig. 1B, coating [132]), the coating comprising one or more polyelectrolytes, the coating having an average thickness T, wherein a second portion of the coated microstructures either lacks the coating or comprises the coating disposed thereon having an average thickness of no more than 50% of T (Fig. 1B shows the coating has a thickness of 0 on surface [110]); wherein the coating is essentially free of any light absorptive material, (Para. [0047], the materials include either light absorptive materials or light reflective materials and may include polyelectrolyte PEDOT-PSS)
wherein the coated microstructured film exhibits a transmission of visible light of 75% or greater at a viewing angle of+45 degrees. (Paragraphs [0041], [0044], [0059] teaches that the film may have a viewing angle of 45 degrees, and that the average transmittance in the visible light (400nm to 700 nm) range may be 90% or greater.)
Regarding claim 4:
Weatley discloses the coated microstructured film of claim 1, wherein
the microstructures comprise a facet and a side wall meeting the facet at a ridge of the microstructure and wherein the facet and the side wall define an oblique angle therebetween; and wherein the first portion on which the coating is disposed comprises the side wall and the second portion comprises the facet. (Para. [0043]-[0045] teaches that the microstructures may have other shapes including the triangular shape described here by the facet and the side wall.)
Regarding claim 5:
Weatley discloses the coated microstructured film of claim 4, wherein
each of the microstructures is a) a linear prism having a substantially same angle between the optical facet and the side wall (Para. [0043] discloses that the cross section of the ridges may have any desirable shape or angle. The triangular shape of claim 4 forms linear prisms.)
Regarding claim 6:
Weatley discloses the coated microstructured film of claim 1, wherein the microstructures comprise a two-dimensional (x- & y-axes) array of projections arranged across the first surface of the microstructured film; wherein each of the projections comprises a base, a top, and one or more sides connecting the top to the base; and wherein the first portion on which the coating is disposed comprises the sides and the second portion comprises the top. (Figs. 2A and 2B show microstructures as a 2 dimensional array of projections with coating on the sides and no coating on the tops.)
Regarding claim 7:
Weatley discloses the coated microstructured film of claim 6, wherein each of the projections is a spaced apart post and the second portion further comprises a surface of the microstructured film between the spaced apart posts. (Para. [0045], the microstructures may be posts.)
Regarding claim 8:
Weatley discloses the coated microstructured film of claim 1, wherein
the microstructured film comprises a microstructured layer with first and second major surfaces, wherein the microstructures comprise a plurality of cavities (Fig. 1B, cavities [132]) extending between the first and second major surfaces (Fig. 1B, First surfaces [110]); wherein each cavity comprises a first opening, a second opening and at least one side wall extending between the first opening and the second opening; and wherein the first portion on which the coating is disposed comprises the at least one side wall (Fig. 1B shows that the coating is on sidewall [130]) and the second portion comprises at least one of the first major surface or the second major surface of the microstructured layer. (Fig. 1B first major surface [110] lacks the coating.)
Regarding claim 9:
Weatley discloses the coated microstructured film of claim 8, wherein each of the at least one side walls forms a side wall angle 0 with a line perpendicular to the first major surface of the microstructured layer. (Para. [0043] discloses that they walls may be parallel or angled to any angle.)
Regarding claim 10:
Weatley discloses the coated microstructured film of claim 1 wherein
the coated microstructured film exhibits a transmission of visible light of 75% or greater at a viewing angle of 0 degrees. (Para. [0059] discloses the average transmittance in the visible light (400nm to 700 nm) range may be 90% or greater.)
Regarding claim 12:
Weatley discloses the coated microstructured film of claim 1 wherein
the polyelectrolytes comprise polymers containing quaternary ammonium groups or sulfonic acid groups. (Para. [0047], the coating material includes polyelectrolyte PEDOT-PSS which has a sulfonic acid group.)
Regarding claim 14:
Weatley discloses the coated microstructured film of claim 1 wherein
a surface of the coating exhibits a positive zeta potential at a pH in the range of 1-14. (Wheatley discloses that the coating is a PEDOT-PSS, with PEDOT being a polycation and PSS being a polyanion the zeta potential at a particular pH is controlled by the relative amounts of PEDOT to PSS and will be positive at some pH at certain concentrations.)
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190346600 A1 (Weatley et al.) as applied to claim 1 above, and further in view of US 20110128470 A1 (Yorita et al.).
Regarding claim 2:
Wheatley discloses the coated microstructured film of claim 1, wherein
the microstructures comprise a plurality of ribs alternated with channels extending across the first surface of the microstructured film, wherein each of the ribs comprises side walls and a top surface and each of the channels comprises a bottom surface; (Fig. 1B shows the ribs [150] with side walls and a top surface and channels with a bottom surface)
Wheatley fails to teach or suggest
wherein the first portion on which the coating is disposed comprises the side walls of the ribs and the second portion comprises the top surfaces of the ribs and the bottom surfaces of the channels. (Fig. 1B shows the coating is disposed on the bottom surfaces of the channels.)
Yorita teaches a coated microstructured film wherein
the microstructures comprise a plurality of ribs alternated with channels extending across the first surface of the microstructured film, wherein each of the ribs comprises side walls and a top surface and each of the channels comprises a bottom surface; (Fig. 26 shows the ribs [212] with side walls [213] and [214] and a top surface [216] and channels with a bottom surface, the surface of [211] touching the channels)
wherein the first portion on which the coating is disposed comprises the side walls of the ribs and the second portion comprises the top surfaces of the ribs and the bottom surfaces of the channels. (Fig. 26. The surfaces [214] are the only surfaces with coating [215])
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have “the first portion on which the coating is disposed comprises the side walls of the ribs and the second portion comprises the top surfaces of the ribs and the bottom surfaces of the channels” as taught by Yorita in the coated microstructured film of Wheatley for the purpose of optically isolating the ribs and cavities.
Regarding claim 3:
Wheatley in combination with Yorita teaches the coated microstructured film of claim 2,
Wheatley additionally teaches
wherein each rib has a width W and a height H and wherein H/W > 1.5. (Wheatley para. [0043] teaches the ratio of dimensions for the ribs as H/Y and discloses that H/Y may be greater than 1.5.)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190346600 A1 (Weatley et al.) as applied to claim 1 above, and further in view of US 20200096683 A1 (Chatterjee et al.).
Regarding claim 13:
Although Wheatley teaches the coated microstructured film of claim 1
Wheatley fails to teach
the polyelectrolytes comprise polymers containing primary, secondary, or tertiary amines, or carboxylic acids, or phosphonic acids. (The polyelectrolytes of Wheatley are PEDOT-PSS)
Chatterjee teaches retroreflective article (See fig. 1, retroreflective article [100]) with microstructures (Fig. 1, microcube elements [140]) with a polyelectrolyte coating (Fig. 1, bi-layers [160] and para. [0048] the bi-layers are polycations and poly anions.) wherein
the polyelectrolytes comprise polymers containing primary (Para. [0061], lists Polyvinylamine as a polyelectrolyte, Polyvinyl amine contains primary amine groups), secondary (Para. [0061], lists polydiallyldimethylammonium chloride (PDAC) a polyelectrolyte with a secondary amine), or tertiary amines (Para. [0061], lists branched poly(ethyleneimine) (PEI) which is a polyelectrolyte that contains primary, secondary and tertiary amine groups), or carboxylic acids (Para. [0061], lists poly(acrylic acid) and carboxymethylcellulose (CMC) which are polyelectrolytes that contain carboxylic acids), or phosphonic acids (Para. [0061], lists poly(vinylphosphonic acid) which is a polyelectrolyte that contains phosphonic acid).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the polyelectrolytes comprise polymers containing primary, secondary, or tertiary amines, or carboxylic acids, or phosphonic acids as taught by Chatterjee in the coated microstructured film of Wheatley for the purpose of providing a layered optical coating to the microstructures.
Claims 15-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190346600 A1 (Weatley et al.) as applied to claim 1 above, and further in view of US 20150283512 A1 (Song et al.).
Regarding claim 15:
Wheatley teaches a method of making a coated microstructured film of claim 1,
the method comprising:
a) obtaining a microstructured film ([350]) comprising a plurality of microstructures (Fig. 3, microstructures of film [350]) extending across a first surface of the microstructured film [350]; (Para. [0049] describes methods of preparing the microstructured film [350])
b) applying a coating (Fig. 3, first material [332]) comprising one or more polyelectrolytes (Para. [0047], the material [332] may be a polyelectrolyte PEDOT-PSS) to at least some of the microstructures across the first surface of the microstructured film [350], the coating having an average thickness T (Para. [0047], material [332] may partially fill regions [330] which would form a coating having an average thickness), wherein the coating is essentially free of any light absorptive material (Para. [0047] discloses the polyelectrolyte PEDOT-PSS as visibly transparent.); and
Wheatley fails to teach
c) removing at least a portion of the coating from a second portion (Fig. 3, upper surface [310]) of the coated microstructures to provide the coating disposed on a first portion of the coated microstructures. (Wheatley shows no coating of material [332] on surface [310] but does not disclose if the material is removed from surface [310] after coating.)
Song teaches a substrate (Fig. 2 substrate [50]) with a polyelectrolyte coating (Fig. 3, ion-selective material [40] and Para. [0031] ) applied to a first surface (Fig. 3, the interior surface of substrate [50]) and a method comprising:
removing at least a portion of the coating [40] from a second portion (Fig. 2, top surface of the substrate [50]) of the substrate [50] to provide the coating [50] disposed on a first portion of the substrate. (Para. [0031] the coating is a polyelectrolyte, PEDOT-PSS, and is provided in a recessed portion of substrate [50]. Excess coating is removed via reactive ion etching from the top and/or bottom surfaces of substrate [50].)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have removing at least a portion of the coating from a second portion of the coated microstructures to provide the coating disposed on a first portion of the coated microstructures as taught by Song in the method of Wheatley for the purpose of ensuring the coating is only on the desired surfaces.
Regarding claim 16:
Wheatly discloses a method of making a light control film, the method comprising:
a) obtaining a microstructured film ([350]) comprising a plurality of microstructures (Fig. 3, microstructures of film [350]) extending across a first surface of the microstructured film [350]; (Para. [0049] describes methods of preparing the microstructured film [350]);
b) applying a coating (Fig. 3, first material [332]) comprising one or more polyelectrolytes (Para. [0047], the material [332] may be a polyelectrolyte PEDOT-PSS) to at least some of the microstructures across the first surface of the microstructured film [350], the coating having an average thickness T (Para. [0047], material [332] may partially fill regions [330] which would form a coating having an average thickness); and
d) either i) infusing a light absorptive material into the coating of the coated microstructured film or ii) applying a layer of a pigment (Fig. 3 layer [342], Para. [0047] the second material [342] may include a pigment for absorbing light) on the coating [332];
wherein the light control film exhibits a transmission of visible light of 75% or greater at a viewing angle of 0 degrees. (Para. [0050] the light control film may have a material has a transmission of at least 95% in the visible light range.)
Wheatley fails to teach
c) removing at least a portion of the coating from a second portion (Fig. 3, upper surface [310]) of the coated microstructures to provide the coating disposed on a first portion of the coated microstructures. (Wheatley shows no coating of material [332] on surface [310] but does not disclose if the material is removed from surface [310] after coating.) thereby forming a coated microstructured film; and
Song teaches a substrate (Fig. 2 substrate [50]) with a polyelectrolyte coating (Fig. 3, ion-selective material [40] and Para. [0031] ) applied to a first surface (Fig. 3, the interior surface of substrate [50]) and a method comprising:
removing at least a portion of the coating [40] from a second portion (Fig. 2, top surface of the substrate [50]) of the substrate [50] to provide the coating [50] disposed on a first portion of the substrate. (Para. [0031] the coating is a polyelectrolyte, PEDOT-PSS, and is provided in a recessed portion of substrate [50]. Excess coating is removed via reactive ion etching from the top and/or bottom surfaces of substrate [50].)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have removing at least a portion of the coating from a second portion of the coated microstructures to provide the coating disposed on a first portion of the coated microstructures as taught by Song in the method of Wheatley for the purpose of ensuring the coating is only on the desired surfaces.
Regarding claim 17:
Wheatley in view of Song teaches the method of claim 16,
Wheatley additionally teaches
wherein the microstructures comprise a plurality of ribs alternated with channels (Fig. 2A showing microstructures that comprise ribs alternated with channels [230]) extending across the first surface of the microstructured film (Fig. 2A shows the channels extending across the first surface of film [250]), and wherein the method further comprises filling the channels with an organic polymeric material (Para. [0047] PEDOT-PSS is an organic polymeric material).
Regarding claim 18:
Wheatley in view of Song teaches the method of claim 16,
Wheatley additionally teaches
wherein the light absorptive material comprises at least one ionic dye. (Para. [0047] one of the light absorptive materials may contain copper sulfide as a dye. Copper sulfide is ionic.)
Regarding claim 20:
Wheatley in view of Song teaches the method of any of claim 16,
Wheatley and Song fail to teach
The method further comprising, prior to step d):
e) preparing a roll of the coated microstructured film; and
f) cutting at least one piece of the coated microstructured film from the roll,
wherein step d) is performed on at least one of the pieces of the coated microstructured film.
However it would be obvious to one of ordinary skill in the art to have the steps
e) preparing a roll of the coated microstructured film; and
f) cutting at least one piece of the coated microstructured film from the roll,
prior to step d) for the purpose of providing customized batches of coated microstructured film as cutting a portion of product from a roll for custom batches is a standard practice in customized manufacturing.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have prior to step d): e) preparing a roll of the coated microstructured film; and f) cutting at least one piece of the coated microstructured film from the roll, wherein step d) is performed on at least one of the pieces of the coated microstructured film in the method of Wheatley in view of Song for the purpose of providing customized batches of coated microstructured film.
Allowable Subject Matter
Claims 19 allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 19:
Although Wheatley in view of Song teaches the method of claim 16,
They fail to teach or suggest
wherein step d) comprises i) and further comprises applying a layer of a pigment on the coating after step d). (Neither Wheatley nor song teach or suggest part i of step d in combination with applying a layer of a pigment on the coating after step d.)
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/SETH D MOSER/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872