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 status
Claims 1-20 are pending; claim 1, 17 and 18 are independent.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 3. 119 (a)-(d).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of co-pending Application No. 18627694 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant application
Co-pending application 18627694
claim 1. A display device comprising:
a display panel configured to display two-dimensional (2D) images;
an optical member configured to display the 2D images displayed on the display panel by maintaining display light paths of the 2D images during a 2D image display period, and to display three-dimensional (3D) stereoscopic images by refracting the display light paths of the 2D images during a 3D stereoscopic image display period; and
a display driver configured to drive the display panel so that the display panel displays multi-view images in the 2D image display period and the 3D stereoscopic image display period, and to apply driving voltages to the optical member to control operations of the optical member for displaying the 2D images or 3D stereoscopic images.
Claim 1. A display device, comprising:
a display panel configured to display a plurality of 2D images;
an optical member configured to refract 2D image display light displayed in a display area of the display panel into a first refraction direction or a second refraction direction to output 3D stereoscopic image display light; and
a display driver configured to control a refraction direction of the 3D stereoscopic image display light by dividing a 3D stereoscopic image display period of at least one frame into first and second time-division frames and supplying driving voltages to the optical member in each of the first and second time-division frames.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-8 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pijlman (US 2014/0009704).
Regarding claim 1, Pijlman teaches a display device (fig. 1) comprising:
a display panel configured to display two-dimensional (2D) images (fig. 1, a liquid crystal display panel 3 and Para 0043-0048);
an optical member (figs 1, 2, a lenticular element arrangement 9) configured to display the 2D images displayed on the display panel by maintaining display light paths of the 2D images during a 2D image display period, and to display three-dimensional (3D) stereoscopic images by refracting the display light paths of the 2D images during a 3D stereoscopic image display period (figs 1, 2 and paras 0049-0054, wherein switchable display device 1 is operable to provide a display output, discrete portions of which can be switched either alone, or in combination, between two-dimensional (2D) and three-dimensional (3d) display modes. In this way, one or more two-dimensional display windows can be provided in a three-dimensional display area, In figs 3A, Paras 59 and 61, a three-dimensional image can be provided, In fig. 3B, Paras 60 and 0062, a wo-dimensional image can be provided); and
a display driver configured to drive the display panel so that the display panel displays multi-view images in the 2D image display period and the 3D stereoscopic image display period, and to apply driving voltages to the optical member to control operations of the optical member for displaying the 2D images or 3D stereoscopic images (figs 3A/B and Paras 0059-0063, wherein the control of electrical potentials to switch between display modes is provided to the electrodes of the lenticular element arrangement 9 by a controller 12).
Regarding claim 2, Pijlman teaches the display device of claim 1, wherein the optical member (fig. 2, the lenticular element arrangement 9) comprises:
first and second optical sheets facing each other (fig. 2, transparent glass substrates 13, 15);
a polarization controller disposed between the first and second optical sheets and formed on a front surface of the first optical sheet (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between the substrates 13, 15, adjacent to the lower one of the substrates 15); and
a plurality of optical lenses disposed on a rear surface of the second optical sheet to overlap with the polarization controller between the first and second optical sheets (fig. 2, the lenticular body 21 and para 0052, wherein an optically transparent layer 21 constituting a lenticular body and in the form of a sheet, or plate, having an inverse lenticular structure, is provided between the substrates 13, 15, adjacent to an upper one of the substrates 13).
Regarding claim 3, Pijlman teaches the display device of claim 2, wherein the polarization controller comprises: at least one first transparent electrode disposed on a front surface of the first optical sheet (fig. 2, Para 0051 and 0056, wherein transparent electrode 19 disposed on transparent glass substrates 15);
a polarization control layer formed on a front surface of the at least one first transparent electrode (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19); and
at least one second transparent electrode disposed to face the at least one first transparent electrode (fig. 2, Para 0051 and 0056, wherein a transparent electrode 17 disposed to face a transparent electrode 19),
wherein the polarization control layer interposed between the at least one first transparent electrode and the at least one second transparent electrode (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19).
Regarding claim 4, Pijlman teaches the display device of claim 3, wherein the polarization control layer comprises birefringent materials having refractive-index anisotropy, and wherein the birefringent materials form light paths in a first linear polarization direction when voltage levels of the at least one first transparent electrode and the at least one second transparent electrode are equal to each other or less than a predetermined voltage difference, and form light paths in a second linear polarization direction when a voltage difference between the at least one first transparent electrode and the at least one second transparent electrode is greater than the predetermined voltage difference (Paras 0069 and 00752 wherein the optically transparent layer comprises a birefringent material having birefringence between a first direction normal to a surface of the display panel, and a second lateral direction in the plane of the surface).
Regarding claim 5, Pijlman teaches the display device of claim 3, wherein at least one of the first and second transparent electrodes is disposed to a cover a same surface of the optical lenses (fig. 2, transparent electrode layers 17, 19 and an inverse lenticular structure“ the optical lenses”).
Regarding claim 6, Pijlman teaches the display device of claim 3, wherein the display driver divides each frame for displaying the 2D images into first and second time-division frames, and applies the same driving voltages to the first and second transparent electrodes every first and second time-division frames, to control the polarization control layer so that it maintains the light paths in the first linear polarization direction (Paras 0054-0056, wherein the electrodes 17 and 19 may each be single electrodes and operable by the application thereto of suitable voltages simply to switch the display output in its entirety between 2D and 3D display modes).
Regarding claim 7, Pijlman teaches the display device of claim 3, wherein the display driver divides each frame for displaying the 3D images into first and second time-division frames, and applies a first driving voltage of the driving voltages to the at least one first transparent electrode and a second driving voltage of the driving voltages to the second transparent electrode every first and second time-division frames, to control the polarization control layer so that it forms light paths in the second linear polarization direction, and wherein the first and second driving voltages are voltages of different levels having a predetermined voltage difference (fig. 3A/B, Paras 0059-0062).
Regarding claim 8, Pijlman teaches the display device of claim 2, wherein the optical lenses are configured to form light paths in a first linear polarization direction according to a material of the optical lenses or an arrangement of birefringent materials therein, wherein 2D image display light incident along the light paths in the first linear polarization direction through the polarization controller transmit along the light paths in the first linear polarization direction (fig. 3B, Paras 0060 and 0062, a two-dimensional image can be provided), and
wherein 2D image display light incident along the light paths in the second linear polarization direction through the polarization controller are output as 3D stereoscopic images according to the material of the optical lenses or the arrangement of the birefringent materials (fig. 3A, Paras 0059 and 0061, a three-dimensional image can be provided).
Regarding claim 17, Pijlman teaches a display device (fig. 1) comprising:
a display panel configured to display two-dimensional (2D) images (fig. 1, a liquid crystal display panel 3 and Para 0043-0048);
an optical member configured to display the 2D images displayed on the display panel by maintaining display light paths of the 2D images during a 2D image display period, and to display three-dimensional (3D) stereoscopic images by refracting the display light paths of the 2D images during a 3D stereoscopic image display period (figs 1, 2 and paras 0049-0054, wherein switchable display device 1 is operable to provide a display output, discrete portions of which can be switched either alone, or in combination, between two-dimensional (2D) and three-dimensional (3d) display modes. In this way, one or more two-dimensional display windows can be provided in a three-dimensional display area, In figs 3A, Paras 59 and 61, a three-dimensional image can be provided, In fig. 3B, Paras 60 and 0062, a wo-dimensional image can be provided); and
a display driver configured to control the optical member for changing the light paths between the first and the second linear polarization directions in the second 2D image display period or the 3D stereoscopic image display period (fig. 1, a controller 12 and Para 0063, wherein the control of electrical potentials to switch between display modes is provided to the electrodes of the lenticular element arrangement 9 by a controller 12),
wherein the display driver drives the display panel so that the display panel displays multi-view images in the 2D image display period and the 3D stereoscopic image display period, and to apply driving voltages to the optical member to control operations of the optical member for displaying the 2D images or 3D stereoscopic images (figs 3A/B and Paras 0059-0063, wherein the control of electrical potentials to switch between display modes is provided to the electrodes of the lenticular element arrangement 9 by a controller 12).
Regarding claim 18, Pijlman teaches a display device (fig. 1) comprising:
an optical member configured to display two-dimensional (2D) images displayed on a display panel by maintaining display light paths of the 2D images during a 2D image display period, and to display three-dimensional (3D) stereoscopic images by refracting the display light paths of the 2D images during a 3D stereoscopic image display period, wherein the optical member comprises: first and second optical sheets facing each other (figs 1, 2 and paras 0049-0054, wherein switchable display device 1 is operable to provide a display output, discrete portions of which can be switched either alone, or in combination, between two-dimensional (2D) and three-dimensional (3d) display modes. In this way, one or more two-dimensional display windows can be provided in a three-dimensional display area, In figs 3A, Paras 59 and 61, a three-dimensional image can be provided, In fig. 3B, Paras 60 and 0062, a wo-dimensional image can be provided);
a polarization controller disposed between the first and second optical sheets on a front surface of the first optical sheet (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between the substrates 13, 15, adjacent to the lower one of the substrates 15); and
a plurality of optical lenses disposed on a rear surface of the second optical sheet to overlap with the polarization controller between the first and second optical sheets (fig. 2, the lenticular body 21 and para 0052, wherein an optically transparent layer 21 constituting a lenticular body and in the form of a sheet, or plate, having an inverse lenticular structure, is provided between the substrates 13, 15, adjacent to an upper one of the substrates 13).
Regarding claim 19, Pijlman teaches the display device of claim 18, wherein the polarization controller comprises: at least one first transparent electrode disposed on a front surface of the first optical sheet (fig. 2, Para 0051 and 0056, wherein transparent electrode 19 disposed on transparent glass substrates 15);;
a polarization control layer disposed on a front surface of the first transparent electrode(fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19); and
at least one second transparent electrode disposed to face the at least one first transparent electrode (fig. 2, Para 0051 and 0056, wherein a transparent electrode 17 disposed to face a transparent electrode 19),
wherein the polarization control layer interposed between the at least one first transparent electrode and the at least one second transparent electrode (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19).
Regarding claim 20, Pijlman teaches the display device of claim 19, wherein the polarization control layer comprises birefringent materials having refractive-index anisotropy, and wherein the birefringent materials of the polarization control layer form light paths in a first linear polarization direction when voltage levels of the at least one first transparent electrode and the at least one second transparent electrode are equal to each other or less than a predetermined voltage difference, and form light paths in a second linear polarization direction when a voltage difference between the at least one first transparent electrode and the at least one second transparent electrode is greater than the predetermined voltage difference (Paras 0069 and 00752 wherein the optically transparent layer comprises a birefringent material having birefringence between a first direction normal to a surface of the display panel, and a second lateral direction in the plane of the surface).
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.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pijlman (US 2014/0009704).
Regarding claim 11, Pijlman teaches the display device of claim 1, wherein the optical member (fig. 2, the lenticular element arrangement 9) comprises:
first and second optical sheets facing each other (fig. 2, transparent glass substrates 13, 15);
a plurality of optical lenses disposed between the first and second optical sheets (fig. 2, the lenticular body 21 and para 0052, wherein an optically transparent layer 21 constituting a lenticular body and in the form of a sheet, or plate, having an inverse lenticular structure, is provided between the substrates 13, 15, adjacent to an upper one of the substrates 13); and
a polarization controller overlap the optical lenses between the first and second optical sheets (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between the substrates 13, 15, adjacent to the lower one of the substrates 15).
Pijlman does not expressly disclose a plurality of optical lenses disposed on a front surface of the first optical sheet and a polarization controller formed on a rear surface of the second optical sheet.
However the examiner maintains that is it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to
as design choice for changing the orientation or position of components in a device (e.g., a plurality of optical lenses and a polarization controller) is generally seen as an obvious design choice unless a new, unexpected function is achieved. It is noted by the examiner that ‘it is not inventive to discover the optimum or arranged parts by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)”. Examiner respectfully submits that if there is no evidence in applicant’s specification that such specific arrangement will yield unpredictable result, the examiner assumes that it is obvious to reach such arrangement through experimentation to reach the optimized function.
Regarding claim 12, Pijlman teaches the display device of claim 11, wherein the polarization controller comprises: at least one first transparent electrode disposed on a front surface of the first optical sheet (fig. 2, Para 0051 and 0056, wherein transparent electrode 19 disposed on transparent glass substrates 15);;
a polarization control layer disposed on a front surface of the first transparent electrode (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19); and
at least one second transparent electrode disposed to face the at least one first transparent electrode (fig. 2, Para 0051 and 0056, wherein a transparent electrode 17 disposed to face a transparent electrode 19),
wherein the polarization control layer is interposed between the at least one first transparent electrode and the at least one second transparent electrode (fig. 2, Nematic liquid crystal material 23 and Para 0052, wherein the nematic liquid crystal material 23 is provided between transparent electrode layers 17, 19).
Regarding claim 13, Pijlman teaches the display device of claim 12, wherein the plurality of optical lenses is configured to form light paths in a first linear polarization direction according to a material of the optical lenses or an arrangement of birefringent materials therein, and to transmit 2D image display light incident along light paths in the first linear polarization direction through the display panel without changing the light paths (Paras 0069 and 00752 wherein the optically transparent layer comprises a birefringent material having birefringence between a first direction normal to a surface of the display panel, and a second lateral direction in the plane of the surface).
Regarding claim 14, Pijlman teaches the display device of claim 13, wherein the polarization control layer comprises birefringent materials having refractive-index anisotropy, and wherein the birefringent materials of the polarization control layer form light paths in a first linear polarization direction when voltage levels of the at least one first transparent electrode and the at least one second transparent electrode are equal to each other or less than a predetermined voltage difference, and form light paths in a second linear polarization direction when a voltage difference between the at least one first transparent electrode and the at least one second transparent electrode is greater than the predetermined voltage difference (Paras 0069 and 00752 wherein the optically transparent layer comprises a birefringent material having birefringence between a first direction normal to a surface of the display panel, and a second lateral direction in the plane of the surface).
Claim(s) 9-10 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pijlman (US 2014/0009704), and further in view of Kim (US 2016/0161823)
Regarding claim 9, Pijlman teaches the display device of claim 2, but Pijlman does not expressly disclose wherein the optical member further comprises a plurality of light-blocking patterns disposed on a rear side of the second optical sheet to overlap contact areas between adjacent ones of the optical lenses and side edges of the optical lenses, respectively.
However, Kim disclosed wherein the optical member further comprises a plurality of light-blocking patterns disposed on a rear side of the second optical sheet to overlap contact areas between adjacent ones of the optical lenses and side edges of the optical lenses, respectively, see fig. 10 and para 0075.
would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the display device of Pijlman by applying the teaching of Kim to include a light blocking region, wherein the barrier layer alternate between a light transmitting region and a light blocking region, and a light transmitting width of the barrier layer is set to be equal to a left and right width of the liquid crystal lens of the liquid crystal lens layer, as a known technique to yield a predictable result.
Regarding claim 10, Pijlman in view of Kim teaches the display device of claim 2, wherein the optical member further comprises a plurality of light-blocking patterns disposed on a front side of the first optical sheet to overlap contact areas between adjacent ones of the optical lenses and side edges of the optical lenses (fig. 10 and para 0075, Kim).
Regarding claim 15, Pijlman teaches the display device of claim 11, but Pijlman does not expressly disclose wherein the optical member further comprises a plurality of light-blocking patterns disposed on a rear side of the second optical sheet to overlap with contact areas between adjacent ones of the optical lenses and side edges of the optical lenses.
However, Kim disclosed wherein the optical member further comprises a plurality of light-blocking patterns disposed on a rear side of the second optical sheet to overlap with contact areas between adjacent ones of the optical lenses and side edges of the optical lenses, see fig. 10 and para 0075.
would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the display device of Pijlman by applying the teaching of Kim to include a light blocking region, wherein the barrier layer alternate between a light transmitting region and a light blocking region, and a light transmitting width of the barrier layer is set to be equal to a left and right width of the liquid crystal lens of the liquid crystal lens layer, as a known technique to yield a predictable result
Regarding claim 16, Pijlman in view of Kim teaches the display device of claim 11, wherein the optical member further comprises a plurality of light-blocking patterns disposed on a front side of the first optical sheet to overlap with contact areas between adjacent ones of the optical lenses and side edges of the optical lenses (fig. 10 and para 0075, Kim).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mukhtarov (US 2015/0042772), relate to a display apparatus and a method of controlling the same. More particularly, the exemplary embodiments relate to a display apparatus that provides a 3D image, and a method of controlling the display apparatus.
Kim (US 2011/0063533), relate to a method of displaying a stereoscopic image and a stereoscopic image display apparatus for performing the method. More particularly, example embodiments illustrated herein relate to a method capable of displaying both two-dimensional (2D) monoscopic images and three-dimensional (3D) stereoscopic images in a same one continuous screen area and a mono/stereoscopic image display apparatus capable of performing the method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAIFELDIN E ELNAFIA whose telephone number is (571)270-5852. The examiner can normally be reached 9-5.
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, WILLIAM BODDIE can be reached at (571) 272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.E.E/Examiner, Art Unit 2625 2/8/2026
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625