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 .
Election/Restrictions
Claims 11-13, 16, 18-19, 22, and 24-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 June 2026. The traversal is on the ground(s) that claims 1 and 24 are directed to the following special technical features: (1) glass [e.g., "glass article" or "coverglass"] with first and second surfaces separated by a thickness and (2) a triple notch color filter present on the first surface, wherein the triple notch color filter has a higher transmission of visible light in blue, green, and red wavelengths. This is not found persuasive because as more fully set forth in the rejections below, prior art reference Whitehead discloses these features. Since the features are present in the prior art, the features cannot be deemed to be special technical features.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-5, 8-13, 16, 18-19, 22, and 24-27 are currently pending in the present application.
Claims 1-2 and 10 are original; claims 3-4 and 8-9 have been previously presented; claim 5 is currently amended; claim 10 is original; claims 6-7, 14-15, 17, 20-21, and 23 have been canceled by the applicant; and claims 11-13, 16, 18-19, 22, and 24-27 are withdrawn.
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, 5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitehead (US 20200363681).
Re: claim 1, Whitehead discloses a first surface (Fig. 2A, the bottom horizontally extending surface of element 208) and a second surface (Fig. 2A, the upper horizontally extending surface of element 208) opposite the first surface, wherein the first surface and the second surface are separated by a thickness of the glass article (Fig. 2A, where para. 43 discloses glass); and a triple notch color filter 210 present on the first surface of the glass article (filter on first surface disclosed in Fig. 2A), wherein the triple notch color filter is configured to have a higher transmission of visible light within a blue wavelength region, within a green wavelength region, and within a red wavelength region than a transmission of visible light outside of the blue wavelength region, the green wavelength region, and the red wavelength region (configuration disclosed in at least Figs. 2A, 3C), the blue wavelength region comprises wavelengths from greater than or equal to 410 nm to less than or equal to 490 nm (Fig. 3C discloses a blue wavelength range from approximately 400 nm – 510 nm at a transmission range of 0.6 – 1.0, which overlaps the claimed range), the green wavelength region comprises wavelengths from greater than or equal to 493 nm to less than or equal to 580 nm (Fig. 3C discloses a green wavelength region of approximately 550 nm – 590 nm at a transmission range of 0.6 – 1.0, which overlaps the claimed range), and the red wavelength region comprises wavelengths from greater than or equal to 600 nm to less than or equal to 680 nm (Fig. 3C discloses a red wavelength range of approximately 625 nm – 700 nm at a transmission range of 0.6 to 1.0, which overlaps with the claimed range).
It would have been obvious to a person of ordinary skill in the art at a time before the effective filing date of the claimed invention to have optimized the values of the red, blue, and green wavelength regions, as disclosed by Whitehead, for the purpose of optimizing the brightness and widening the color gamut for images displayed by a reflective display device. In addition, it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation and that a prima facie case of obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art (MPEP § 2144.05).
Re: claim 5, Whitehead discloses the limitations of claim 1, and Whitehead further discloses that the blue wavelength region comprises wavelengths from greater than or equal to 425 nm to less than or equal to 475 nm, (Fig. 3C discloses a blue wavelength range from approximately 400 nm – 510 nm at a transmission range of 0.6 – 1.0, which overlaps the claimed range) the green wavelength region comprises wavelengths from greater than or equal to 505 nm to less than or equal to 560 nm (Fig. 3C discloses a green wavelength region of approximately 550 nm – 590 nm at a transmission range of 0.6 – 1.0, which overlaps the claimed range), and the red wavelength region comprises wavelengths from greater than or equal to 615 nm to less than or equal to 665 nm (Fig. 3C discloses a red wavelength range of approximately 625 nm – 700 nm at a transmission range of 0.6 to 1.0, which overlaps with the claimed range).
Re: claim 8, Whitehead discloses the limitations of claim 1, and Whitehead further discloses that the transmission of visible light within each of the blue wavelength region, the green wavelength region, and the red wavelength region is greater than or equal to 70% of visible light having wavelengths within blue wavelength region, the green wavelength region, and the red wavelength region (Fig. 3C discloses transmission in the range of 60% - 100% in the claimed wavelength regions, which overlaps the claimed range).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitehead in view of Kurtz (US 20180341119).
Re: claim 2, Whitehead discloses the limitations of claim 1; however, Whitehead does not explicitly disclose that the triple notch color filter comprises a light-absorbing dye or pigment.
Kurtz discloses that the triple notch filter 350, 355, 360, 365 (Figs. 4A, 6A-6G) comprises a light-absorbing dye or pigment (paras. 20, 143 disclose red, green, and blue dyes).
It would have been obvious to a person of ordinary skill in the art at a time before the effective filing date of the claimed invention to have the triple notch color filter comprise a light-absorbing dye or pigment, as disclosed by Kurtz, applied to the device disclosed by Whitehead for the purpose of producing color images having an optimized gamut size while reducing the transmission of light having wavelengths outside of predetermined wavelengths.
Re: claim 3, Whitehead discloses the limitations of claim 1; however, Whitehead does not explicitly disclose that the triple notch color filter comprises three light-absorbing dyes or pigments.
Kurtz discloses that the triple notch filter 350, 355, 360, 365 (Figs. 4A, 6A-6G) comprises three light-absorbing dyes or pigments (paras. 20, 143 disclose red, green, and blue dyes).
It would have been obvious to a person of ordinary skill in the art at a time before the effective filing date of the claimed invention to have the triple notch color filter comprise three light-absorbing dyes or pigments, as disclosed by Kurtz, applied to the device disclosed by Whitehead for the purpose of producing color images having an optimized gamut size while reducing the transmission of light having wavelengths outside of predetermined wavelengths.
Re: claim 4, Whitehead and Kurtz discloses the limitations of claim 3, and Kurtz further discloses that the triple notch color filter 350, 355, 360, 365 (Fig. 4A) further comprises a polymer resin (para. 232 discloses plastics including acrylic, polycarbonate, CR-39, polyurethane, TAC). In addition, it has been held that the selection of a known material based on its suitability for its intended use is a prima facie indicator of obviousness (MPEP 2144.07).
Allowable Subject Matter
Claims 9-10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MEDICH whose telephone number is (313)446-4819. The examiner can normally be reached M-T & Th-F 10:00 AM - 7:00 PM ET.
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/ANGELA M. MEDICH/Primary Examiner, Art Unit 2871
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