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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-5 are rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 recites that each line spacer connecting adjacent ones of the intersections forming each closed figure has a curved shape. This contradicts claim 1, which recites that each line spacer connecting adjacent intersections of each of the closed figures is a straight line. Claim 5 is rejected based on its dependency. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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, 3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bovet et al. (US 2009/0115962).
As to claim 1, Bovet discloses in figures 3 and 5, a substrate comprising: a base layer 16; and a plurality of line spacers 18 formed on the base layer and crossing each other to form a plurality of closed figures 15, wherein each line spacer connecting adjacent intersections of each of the closed figures is a straight line (see figure 5). The equation A ≠ 180*(n-2)/n is satisfied because of the irregularity of the interior angles of the closed figures. For example, in figure 5, each of the closed figures has 4 intersections (n=4). 180*(n-2)/n = 90. However, none of the internal angles in figure 5 is 90 degrees. Therefore, the equation A ≠ 180*(n-2)/n is satisfied. Bovet further discloses in paragraph [0023], that the cells (closed figures) have between two opposite walls (line spacers), a maximum distance of 500 µm. Therefore, the maximum area of the closed figures is approximately 0.25 mm2. Bovet further discloses in paragraph [0023], that advantageously, all cells (closed figures) within a macro-mesh have identical surface areas or surface areas varying within ±50% and more preferentially within ±10%. Therefore, a standard deviation of internal areas of the plurality of closed figures is 4 mm2 or less.
As to claim 3, Bovet discloses all of the elements of the claimed invention discussed above regarding claim 1. Bovet further discloses in figure 5, wherein the interior angles (parameter A) is in a range of 10 degrees to 200 degrees.
As to claim 6, Bovet discloses all of the elements of the claimed invention discussed above regarding claim 1. Bovet further discloses in figure 5, wherein the number of intersections forming each closed figure 15 is in a range of 3 to 10.
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bovet et al. (US 2009/0115962) in view of Maruyama (US 2010/0225871).
Bovet discloses all of the elements of the claimed invention discussed above regarding claim 1, but does not disclose an electrode layer between the base layer and the spacer pattern, the spacer pattern being in contact with the electrode layer. Maruyama discloses in figure 1, an electrode layer 6 between the base layer 2 and the spacer pattern 10, the spacer pattern 10 being in contact with the electrode layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bovet by providing an electrode layer between the base layer and the spacer pattern, the spacer pattern being in contact with the electrode layer as disclosed by Maruyama in order to apply a voltage to the liquid crystal to perform light modulation.
Allowable Subject Matter
Claims 2, 7-8, 10-12, 14-16 and 18-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested a substrate comprising the combination required by claim 2, wherein a ratio of a number of intersections at which the line spacers form a curved shape to a total number of intersections of one of the closed figures is in a range of 5% to 60%, wherein opposite sides of the closed figures are curved in a same direction, wherein an absolute value of 100 X (R1-R2)/R2, in which the R1 is curvature of one of the opposite sides and the R2 is curvature of the other of the opposite sides, is in a range of 0% to 5%. Claims 7 and 11-12 are allowed by virtue of their dependency.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested a substrate comprising the combination required by claim 8, wherein at least one of the plurality of line spacers connecting adjacent intersections of at least one of the plurality of closed figures has a curved shape, wherein at least one of the plurality of line spacers connecting adjacent intersections of the at least one of the plurality of closed figures has one curvature, or has a curved shape forming a curvature center in a same direction relative to the line spacer. Claims 10 and 18-19 are allowed by virtue of their dependency.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested a substrate comprising the combination required by claim 14, wherein each of the plurality of line spacers has a non-linear shape, wherein a ratio L1/X of a length L1 of a straight line connecting opposite ends of each line spacer relative to an interval X between two straight lines that are parallel to the straight line of the length L1 and contact the most protruding portions in left and right directions of the line spacer is in a range of 250 to 1000, wherein an average of the interval X is in a range of 10 to 200 um, and a standard deviation of the interval X is 5 um or less. Claims 15-16 is allowed by virtue of their dependency.
Response to Arguments
Applicant's arguments regarding claim 1 have been fully considered but they are not persuasive. Applicant argues that since the internal areas of cells are significantly different from each other in figure 5, it is highly likely that the standard deviation of internal areas of the plurality of cells is more than 4 mm2. However, Bovet discloses in paragraph [0023], that the cells (closed figures) have between two opposite walls (line spacers), a maximum distance of 500 µm. Therefore, the maximum area of the closed figures is approximately 0.25 mm2. Bovet further discloses in paragraph [0023], that advantageously, all cells (closed figures) within a macro-mesh have identical surface areas or surface areas varying within ±50% and more preferentially within ±10%. Therefore, a standard deviation of internal areas of the plurality of closed figures is 4 mm2 or less.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/DAVID Y CHUNG/Examiner, Art Unit 2871
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