CTNF 18/740,156 CTNF 91784 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 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. Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1-3, 5-8, 10 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Aruga (TW202314300A) . Regarding claim 1 , Aruga teaches a polarizing plate ([0001-0073] of TW202314300A, pages 1-11 of English translation of TW202314300A) comprising: a polarizer (the polarizer or the polarizing element bonded with the retardation film, [0006, 0045-0052, 0001]); and a retardation layer (the layer corresponding to the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]) laminated on a surface of the polarizer (the polarizer or the polarizing element bonded with the retardation film, [0006, 0045-0052, 0001]), wherein the retardation layer (the layer corresponding to the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]) comprises a retardation film (the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]) that satisfies a relationship of nx>nz>ny ([0013-0014, 0024, 0029, 0041, 0043-0044]), where nx, ny, and nz are indexes of refraction of the retardation film in a slow axis direction, a fast axis direction, and a thickness direction of the retardation film, respectively, at a wavelength of 550 nm ([0013-0014, 0062]). Aruga teaches that the retardation film has a degree of biaxiality of 0.1 to 0.9 ([0027]) at the wavelength of 550 nm ([0027, 0062]). It would have been obvious to one of ordinary skill in the art to recognize that the claimed range of being 0.2 to 0.6 at the wavelength of 550 nm overlaps with the range disclosed by the prior art ( MPEP 2144. 05 I. ). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try that in the system of Aruga, the retardation film has a degree of biaxiality of 0.2 to 0.6 at the wavelength of 550 nm. The motivation is that the contrast can be improved (Aruga, [0028]). Aruga teaches that a resin is contained in the retardation film (Abs, [0011, 0017-0026], the retardation film is a stretched film of a cyclic polyolefin resin), the retardation film is obtained by stretching the polymer film to increase molecular alignment in a specific direction ([0022, 0011, 0017-0026]), and an alignment direction of the direction of the retardation axis of the retardation film with respect to a light transmission axis of the polarizer is in a range from −2° to +2° ([0049], the direction of the absorption axis of the polarizing element parallel to the direction of the retardation axis of the retardation film or Both are configured in an orthogonal fashion. In addition, the arrangement angle does not need to be strictly within the above range, and an error of about ±2° may be included) Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try that in the system of Aruga, an alignment direction of a main chain of a resin contained in the retardation film with respect to a light transmission axis of the polarizer is in a range from −5° to +5°. The motivation is that it helps to provide optical compensation for suppressing light leakage when viewing a display device from an oblique direction (Aruga, [0049]). Regarding claims 2-3, 5-8, 10, 14-17 , Aruga also teaches the following elements: (Claim 2) the retardation film (the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]) is a retardation film of a single layer ([0021-0026]). (Claim 3) the retardation film has an in-plane retardation of 15 to 400 nm ([0027]) at the wavelength of 550 nm ([0062]). It would have been obvious to one of ordinary skill in the art to recognize that the claimed range of being 220 to 300 nm at the wavelength of 550 nm overlaps with the range disclosed by the prior art ( MPEP 2144. 05 I. ). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try that in the system of Aruga, the retardation film has an in-plane retardation of 220 to 300 nm at the wavelength of 550 nm. The motivation is to provide the optical compensation of a liquid crystal display device, or the circular polarizing plate which shields the reflected light of an organic EL display device, and the contrast can be improved (Aruga, [0027, 0028]). (Claim 5) a slow axis of the retardation film with respect to a light absorption axis of the polarizer is in a range from −5° to +5° ([0022-0024, 0049], the retardation film is obtained by stretching the polymer film to increase molecular alignment in a specific direction. The stretching method may, for example, be a longitudinal uniaxial stretching method, a horizontal uniaxial stretching method, a vertical and horizontal sequential biaxial stretching method, or a vertical and horizontal simultaneous biaxial stretching method. The direction of the slow axis is extension direction. It is possible to manufacture a film having a refractive index of nx > nz > ny with the width direction in the direction of the slow axis. The direction of the absorption axis of the polarizing element parallel to the direction of the retardation axis of the retardation film or Both are configured in an orthogonal fashion with an error of about ±2° may be included) . (Claim 6) a slow axis of the retardation film is parallel to a mechanical direction of the retardation film ([0023-0024, 0022], the retardation film is obtained by stretching the polymer film to increase molecular alignment in a specific direction. The stretching method may, for example, be a longitudinal uniaxial stretching method, a horizontal uniaxial stretching method, a vertical and horizontal sequential biaxial stretching method, or a vertical and horizontal simultaneous biaxial stretching method. The direction of the slow axis is extension direction. It is possible to manufacture a film having a refractive index of nx > nz > ny with the width direction in the direction of the slow axis.) (Claim 7) the retardation film is a transverse direction (TD)-stretched retardation film ([0022-0024], the retardation film is obtained by stretching the polymer film to increase molecular alignment in a specific direction. The stretching method may, for example, be a longitudinal uniaxial stretching method, a horizontal uniaxial stretching method, a vertical and horizontal sequential biaxial stretching method, or a vertical and horizontal simultaneous biaxial stretching method. The direction of the slow axis is extension direction. It is possible to manufacture a film having a refractive index of nx > nz > ny with the width direction in the direction of the slow axis). (Claim 8) (nx−ny) is in a range from 0.0022 to 0.0075, and (nx−nz) is in a range from 0.00044 to 0.0045 (Table 1, [0062]. For Example 2 in Table 1, since Re=(nx-ny)*d, NZ=(nx-nz)/(nx-ny), Re=250 nm, d=60µm and NZ=0.5; it can be calculated that (nx-ny)=Re/d=0.00417 and (nx-nz)= NZ*(nx-ny)=0.00208). (Claim 10) the resin is a main component of the retardation film ([0020, 0017-0019]). (Claim 14) the retardation layer (the layer corresponding to the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]) is formed of only ([0021-0026]) the retardation film (the retardation film laminated and/or integrated with a polarizing element to form a polarizing plate, Abs, [0001,0011-0073]). (Claim 15) the retardation film has a thickness of 5 μm to 300 μm ([0030]). It would have been obvious to one of ordinary skill in the art to recognize that the claimed range of being 40 μm to 100 μm overlaps with the range disclosed by the prior art ( MPEP 2144. 05 I. ). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try that in the system of Aruga, the retardation film has a thickness of 40 μm to 100 μm. The motivation is to provide good handling properties such as strength and handleability, and the contrast can be improved (Aruga, [0030, 0028]). (Claim 16) a protective layer laminated on another surface of the polarizer ([0050]). (Claim 17) An optical display device comprising the polarizing plate ([0001, 0051]) . 07-21-aia AIA Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Aruga as applied to claim 1 above, and in view of Yoon (US 2021/0165149) . Regarding claim 4 , Aruga does not teach the following elements. Yoon teaches the following elements ([0034-0039]): (Claim 4) in a retardation film, a value of the following Equation 1 is in a range from 0.6 to 0.99 ([0038], R (450)/R (550) may be in a range of 0.6 to 0.99), and a value of the following Equation 2 is in a range from 1.00 to 1.19 ([0038], R (650)/R (550) may be in a range of 1.00 to 1.19): Equation 1: Re(450 nm)/Re(550 nm); Equation 2: Re(650 nm)/Re(550 nm); where in Equations 1 and 2, Re(450 nm), Re(550 nm), and Re(650 nm) are in-plane retardations of the retardation film at wavelengths of 450 nm, 550 nm, and 650 nm, respectively (unit: nm) ([0034-0039]). It would have been obvious to one of ordinary skill in the art to recognize that the claimed ranges of from 0.8 to 1.2 and from 0.9 to 1.1 overlap with the ranges disclosed by the prior art ( MPEP 2144. 05 I. ). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Yoon for the system of Aruga to try and recognize that in the system of Aruga, (Claim 4) in the retardation film, a value of the following Equation 1 is in a range from 0.8 to 1.2, and a value of the following Equation 2 is in a range from 0.9 to 1.1: Equation 1: Re(450 nm)/Re(550 nm); Equation 2: Re(650 nm)/Re(550 nm); where in Equations 1 and 2, Re(450 nm), Re(550 nm), and Re(650 nm) are in-plane retardations of the retardation film at wavelengths of 450 nm, 550 nm, and 650 nm, respectively (unit: nm). The motivation is to exhibit phase delay characteristics designed in a wide wavelength range (Yoon, [0037]) . 07-21-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Aruga as applied to claim 1 above, and in view of Suzuki (JP 2007090613A) . Regarding claim 9 , Aruga teaches that the retardation film is a stretched film of a cyclic polyolefin resin (Abs, example 3, [0061], Table 1, For Example 3 in Table 1, since Re=(nx-ny)*d, NZ=(nx-nz)/(nx-ny), Re=200 nm, d=100µm and NZ=0.6; it can be calculated that (nx-ny)=Re/d=0.002 and (nx-nz)= NZ*(nx-ny)=0.0012) with (nx-ny)=0.002 and (nx-nz)=0.0012. Suzuki teaches the following elements (Pages 23-24 of English translation of JP 2007090613A) an average refractive index for cycloolefin polymer is 1.52 (Page 23, last Paragraph). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Suzuki for the system of Aruga such that in the system of Aruga, an average refractive index of a cyclic polyolefin resin film which is later stretched to make the retardation film is about 1.52. Therefore, Aruga in view of Suzuki teaches that (nx-ny)=0.002 and (nx-nz)=0.0012, and an average refractive index of a cyclic polyolefin resin film which is later stretched to make the retardation film is about 1.52 ( MPEP 2144. 05 I. ). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try that in the system of Aruga in view Suzuki, the retardation film has nx being in a range from 1.500 to 1.710, ny being in a range from 1.480 to 1.700, and nz being in a range from 1.500 to 1.705 since it is an obvious material property of the proper retardation film made of cyclic polyolefin resin which could be found in the polymer handbook for the artisan of ordinary skill (Page 23, last two Paragraphs) . 07-21-aia AIA Claim s 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Aruga as applied to claim 1 above, and in view of Kim (TW I520991B) . Regarding claims 11-12 , Aruga does not teach the following elements. Kim teaches the following elements (Page 2-3 of English translation of TW I520991B): (Claim 11) the resin is a cellulose ester resin (Page 2, Paragraph 6-7). (Claim 12) the cellulose ester resin comprises a cellulose ester resin regioselectively substituted with a plurality of aromatic-CO-groups, a plurality of first unsaturated or saturated (C1-6)alkyl-CO-groups, and a plurality of hydroxy groups, as substituents (Page 2). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kim for the system of Aruga to try and recognize that in the system of Aruga, (Claim 11) the resin is a cellulose ester resin. (Claim 12) the cellulose ester resin comprises a cellulose ester resin regioselectively substituted with a plurality of aromatic-CO-groups, a plurality of first unsaturated or saturated (C1-6)alkyl-CO-groups, and a plurality of hydroxy groups, as substituents. The motivation is to provide an optical compensation sheet having excellent viewing angle characteristic (Kim, Abs) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 13 is 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record discloses or suggests all the combination of a polarizing plate as set forth in claim 13. Regarding claim 13 , none of the prior art discloses or suggests a polarizing plate recited in claim 12, wherein “in the cellulose ester resin, a hydroxyl degree of substitution is in a range from 0.2 to 2.0, a C2 degree of substitution is in a range from 0.15 to 0.8, a C3 degree of substitution is in a range from 0.05 to 0.6, a C6 degree of substitution is in a range from 0.05 to 0.6, and a total degree of substitution is in a range from 0.25 to 2.5” in combination with the other required elements of the claim . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached on 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Shan Liu/ Primary Examiner, Art Unit 2871 Application/Control Number: 18/740,156 Page 2 Art Unit: 2871 Application/Control Number: 18/740,156 Page 3 Art Unit: 2871 Application/Control Number: 18/740,156 Page 4 Art Unit: 2871 Application/Control Number: 18/740,156 Page 5 Art Unit: 2871 Application/Control Number: 18/740,156 Page 6 Art Unit: 2871 Application/Control Number: 18/740,156 Page 7 Art Unit: 2871 Application/Control Number: 18/740,156 Page 8 Art Unit: 2871 Application/Control Number: 18/740,156 Page 9 Art Unit: 2871 Application/Control Number: 18/740,156 Page 10 Art Unit: 2871
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