Prosecution Insights
Last updated: August 17, 2026
Application No. 18/774,356

VIEWING ANGLE CONTROL FILM AND DISPLAY DEVICE HAVING THE SAME

Final Rejection §103
Filed
Jul 16, 2024
Priority
Jan 23, 2024 — RE 10-2024-0010083
Examiner
JUNG, JONATHAN Y
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LG Display Co., Ltd.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
301 granted / 414 resolved
+4.7% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
34 currently pending
Career history
434
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
61.3%
+21.3% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 414 resolved cases

Office Action

§103
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 . Response to Amendment Claims 1-5, 7-18 and 20-27 are currently pending in the present application. Claims 1, 9, 12, 14 and 22 are currently amended; claims 2-5, 7-8, 10-11, 13, 15-18, 20-21 and 23-27 are original; and claims 6 and 19 are canceled; and. The amendment dated July 6, 2026 has been entered into the record. Response to Arguments Applicant's arguments with respect to at least claim 1 have been fully considered, but are not persuasive by the following reasons: Applicant's arguments with respect to the newly amended claim 1 have been fully considered, but are moot in light of the new rejection set forth below. The new rejection cites Figure 1 of Zhang (US 20200050010), of record, teaching each of the plurality of barriers is positioned to correspond to the space in which the ink layer is disposed between the plurality of viewing angle patterns (27 positioned corresponding to the space in which 22 is disposed between 20). 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 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 1, 3-5, 7-14, 16-18 and 20-27 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 20200050010), of record, in view of Kim (KR 20120106317A), of record. Regarding claim 1, Zheng discloses a viewing angle control film (10 in Figs. 1-3; see Paras. [0013]-[0023] and [0042] “a switchable light-collimating film (10)” identifying the embodiment shown in Figs. 1-3), comprising: a lower electrode (14; Para. [0042]); a plurality of viewing angle patterns (20; Para. [0043]) disposed over the lower electrode; an ink layer (22; Paras. [0043] “a plurality of elongated chambers (22) to hold a bistable electrophoretic fluid (24) that includes electrophoretic particles (26)”, [0048] “Charged pigment particles may be of a variety of colors”) disposed in a space between the plurality of viewing angle patterns; an upper electrode (12; Para. [0042]) disposed over the plurality of viewing angle patterns and the ink layer; and a plurality of barriers (27; Para. [0043]) disposed over the upper electrode, wherein the ink layer (22; Para. [0043], [0043]) includes a first particle and a second particle (see Para. [0048] “Charged pigment particles may be of a variety of colors and compositions” teaching more than one particle), and wherein each of the plurality of barriers is positioned to correspond to the space in which the ink layer is disposed between the plurality of viewing angle patterns (27 positioned corresponding to the space in which 22 is disposed between 20). Zheng does not necessarily disclose the first particle and the second particle having different particle charge amounts. However, Kim teaches a similar ink layer (20 in Fig. 5b), wherein a first particle and a second particle have different particle charge amounts (Page 15 lines 1-3 “the white particles 22w and the black particles 22k … their charge amount or mass is different” teaching the white particles 22w and the black particles 22k may have different particle charge amounts). Because Zheng already suggests charged particles having a variety of colors and compositions, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the ink layer as disclosed by Zheng with the teachings of Kim, to have the first particle and the second particle having different particle charge amounts, for the purpose of ensuring separation of the particles and further controlling the particle distribution (Kim: Page 15 lines 1-3 and 16-27). Regarding claim 3, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses wherein the plurality of viewing angle patterns is disposed side by side in one direction (see Figs. 1-2), and wherein the respective spaces between the plurality of viewing angle patterns are disposed side by side in the one direction along the plurality of viewing angle patterns (see Figs. 1-2). Regarding claim 4, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses the upper electrode and the lower electrode comprise a transparent conductive material (Para. [0042]). Regarding claim 5, Zheng as modified by Kim discloses the limitations of claim 1 above. Zheng does not explicitly disclose each of the plurality of barriers comprises a black-based material. However, Kim teaches each of the plurality of barriers comprises a black-based material (Page 11 line 14 “a black matrix 26”). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the barriers as disclosed by Zheng with the teachings of Kim, wherein each of the plurality of barriers comprises a black-based material, for the purpose of using a known material to block the light (Kim: Page 11 lines 23-24). Regarding claim 7, Zheng as modified by Kim discloses the limitations of claim 3 above, and Zheng further discloses wherein the plurality of barriers is disposed side by side in the one direction (see Figs. 1-2). Regarding claim 8, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses wherein the first particle comprises black ink, and the second particle comprises a white ink (see Para. [0048] teaching charged pigment particles of the electrophoretic fluid include black particles and white particles). Regarding claim 9, Zheng as modified by Kim discloses the limitations of claim 8 above. Zheng does not disclose the second particle has a larger particle charge amount than the first particle, and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode. However, Kim teaches a first particle and a second particle have different particle charge amounts (Page 15 lines 1-3, teaching the white particles 22w and the black particles 22k may have different particle charge amounts), and the charge of particles can be more actively controlled by charge control agent (Page 8 lines 33-35) and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode (A claim term is functional when it recites a feature "by what it does rather than by what it is" (e.g., as evidenced by its specific structure or specific ingredients). In re Swinehart, 439 F.2d 210, 212, 169 USPQ 226, 229 (CCPA 1971). See MPEP 2173.05(g). In this case, Kim teaches a structure, i.e., two different particles having different charge amounts, wherein the difference between respective particle charge amounts is capable of causing a difference in response speeds between the first particle and the second particle). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the ink layer as disclosed by Zheng with the teachings of Kim, wherein the second particle has a larger particle charge amount than the first particle, and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode, for the purpose of ensuring separation of the particles and further controlling the particle distribution (Kim: Page 15 lines 1-3 and 16-27). Regarding claim 10, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses wherein the first particle and the second particle comprise bi-stability electrophoretic ink (Para. [0043]). Regarding claim 11, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses wherein in an absence of a voltage applied between the upper electrode and the lower electrode, the first particle and the second particle are to maintain their positions within the ink layer (see Figs. 1A-1F, wherein particles are moving only when the voltage is applied on the electrodes; Para. [0045]). Regarding claim 12, Zheng as modified by Kim discloses the limitations of claim 11 above. Zheng does not explicitly disclose, in response to applying a voltage between the upper electrode and the lower electrode, the first particle and the second particle are to move toward an electrode to which a negative voltage is applied. However, Zheng teaches particles are charged particles (Para. [0048]) and the charged particles are driven toward an electrode with the application of an electrical potential having an opposite polarity (Para. [0017]). Thereby, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the viewing angle control film as disclosed by Zheng, wherein, in response to applying a voltage between the upper electrode and the lower electrode, the first particle and the second particle are to move toward an electrode to which a negative voltage is applied, for the purpose of controlling the state of the electrophoretic fluid using electrodes (Zheng: Para. [0045]). Regarding claim 13, Zheng as modified by Kim discloses the limitations of claim 12 above, and Zheng further discloses wherein in response to cutting off the voltage applied between the upper electrode and the lower electrode, the first particle and the second particle are to maintain their positions within the ink layer (Paras. [0015], [0018]). Regarding claim 14, Zheng a display device (10 in Figs. 1-3; see Paras. [0013]-[0023] identifying the embodiment shown in Figs. 1-3), comprising: a display panel (36, 40, 42, 44, 45, 46, 47, 37 in Fig. 3; Para. [0065]); and a viewing angle control film (10; Para. [0042] “a switchable light-collimating film (10)”) positioned over or below the display panel, wherein the viewing angle control film includes: a lower electrode (14; Para. [0042]); a plurality of viewing angle patterns (20; Para. [0043]) disposed over the lower electrode; an ink layer (22; Paras. [0043] “a plurality of elongated chambers (22) to hold a bistable electrophoretic fluid (24) that includes electrophoretic particles (26)”, [0048] “Charged pigment particles may be of a variety of colors”) disposed in a space between the plurality of viewing angle patterns; an upper electrode (12; Para. [0042]) disposed over the plurality of viewing angle patterns and the ink layer; and a plurality of barriers (27; Para. [0043]) disposed over the upper electrode, wherein the ink layer (22; Para. [0043], [0043]) includes a first particle and a second particle (Para. [0048] “Charged pigment particles may be of a variety of colors and compositions” teaching more than one particle, and wherein each of the plurality of barriers is positioned to correspond to the space in which the ink layer is disposed between the plurality of viewing angle patterns (27 positioned corresponding to the space in which 22 is disposed between 20). Zheng does not disclose the first particle and the second particle having different particle charge amounts. However, Kim teaches a similar ink layer (20 in Fig. 5b), wherein a first particle and a second particle have different particle charge amounts (Page 15 lines 1-3 “the white particles 22w and the black particles 22k … their charge amount or mass is different” teaching the white particles 22w and the black particles 22k may have different particle charge amounts). Because Zheng already suggests charged particles having a variety of colors and compositions, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the ink layer as disclosed by Zheng with the teachings of Kim, to have the first particle and the second particle having different particle charge amounts, for the purpose of ensuring separation of the particles and further controlling the particle distribution (Kim: Page 15 lines 1-3 and 16-27). Regarding claim 16, Zheng as modified by Kim discloses the limitations of claim 14 above, and Zheng further discloses wherein the plurality of viewing angle patterns is disposed side by side in one direction (see Figs. 1-2), and wherein the space between the plurality of viewing angle patterns is disposed side by side in the one direction along the plurality of viewing angle patterns (see Figs. 1-2). Regarding claim 17, Zheng as modified by Kim discloses the limitations of claim 14 above, and Zheng further discloses wherein the upper electrode and the lower electrode comprise a transparent conductive material (Para. [0042]). Regarding claim 18, Zheng as modified by Kim discloses the limitations of claim 14 above. Zheng does not explicitly disclose each of the plurality of barriers comprises a black-based material. However, Kim teaches each of the plurality of barriers comprises a black-based material (Page 11 line 14 “a black matrix 26”). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the barriers as disclosed by Zheng with the teachings of Kim, wherein each of the plurality of barriers comprises a black-based material, for the purpose of using a known material to block the light (Kim: Page 11 lines 23-24). Regarding claim 20, Zheng as modified by Kim discloses the limitations of claim 16 above, and Zheng further discloses wherein the plurality of barriers is disposed side by side in the one direction (see Figs. 1-2). Regarding claim 21, Zheng as modified by Kim discloses the limitations of claim 14 above, and Zheng further discloses wherein the first particle comprises black ink, and the second particle comprises a white ink (see Para. [0048] teaching charged pigment particles may include black particles and white particles). Regarding claim 22, Zheng as modified by Kim discloses the limitations of claim 21 above. Zheng does not disclose the second particle has a larger particle charge amount than the first particle, and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode. However, Kim teaches a first particle and a second particle have different particle charge amounts (Page 15 lines 1-3, teaching the white particles 22w and the black particles 22k may have different particle charge amounts), and the charge of particles can be more actively controlled by charge control agent (Page 8 lines 33-35) and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode (A claim term is functional when it recites a feature "by what it does rather than by what it is" (e.g., as evidenced by its specific structure or specific ingredients). In re Swinehart, 439 F.2d 210, 212, 169 USPQ 226, 229 (CCPA 1971). See MPEP 2173.05(g). In this case, Kim teaches a structure, i.e., two different particles having different charge amounts, wherein the difference between respective particle charge amounts is capable of causing a difference in response speeds between the first particle and the second particle). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the ink layer as disclosed by Zheng with the teachings of Kim, wherein the second particle has a larger particle charge amount than the first particle, and a difference between respective particle charge amounts of the first particle and the second particle causes a difference in response speeds between the first particle and the second particle to switch between a share mode and a privacy mode, for the purpose of ensuring separation of the particles and further controlling the particle distribution (Kim: Page 15 lines 1-3 and 16-27). Regarding claim 23, Zheng as modified by Kim discloses the limitations of claim 22 above, and Zheng further discloses wherein the first particle and the second particle comprise bi-stability electrophoretic ink (Para. [0043]). Regarding claim 24, Zheng as modified by Kim discloses the limitations of claim 23 above, and Zheng further discloses wherein in an absence of a voltage applied between the upper electrode and the lower electrode, the first particle and the second particle are to maintain their positions within the ink layer and maintain a share mode or a privacy mode (see Figs. 1A, 1C, 1D and 1F, wherein particles are to maintain their position and see Fig. 2 teaching a share mode or a privacy mode thereof; Paras. [0013], [0015]-[0016], [0018]-[0022]). Regarding claim 25, Zheng as modified by Kim discloses the limitations of claim 24 above, and Zheng further discloses wherein in response to applying the voltage between the upper electrode and the lower electrode, the first particle and the second particle are to move toward an electrode to which a negative voltage is applied and switch from the share mode or the privacy mode to the privacy mode or the share mode, respectively (see Figs. 1C and 1F where particles are to move toward an electrode; see Fig. 2 teaching a share mode or a privacy mode; Paras. [0015], [0018]-[0022]). Zheng does not explicitly disclose the electrode to which a negative voltage is applied. However, Zheng teaches particles are charged particles (Para. [0048]) and the charged particles are driven toward an electrode having an opposite polarity (Para. [0017]). Thereby, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the viewing angle control film as disclosed by Zheng, wherein the electrode to which a negative voltage is applied, for the purpose of controlling the state of the electrophoretic fluid using electrodes (Zheng: Para. [0045]). Regarding claim 26, Zheng as modified by Kim discloses the limitations of claim 25 above, and Zheng further discloses wherein in response to cutting off the voltage applied between the upper electrode and the lower electrode, the first particle and the second particle are to maintain their positions within the ink layer and maintain the privacy mode or the share mode (Figs. 1A, 1C, 1F; Paras. [0013], [0015], [0018]-[0022]). Regarding claim 27, Zheng as modified by Kim discloses the limitations of claim 14 above, and Zheng further discloses a backlight unit (33; Para. [0065]) positioned below the display panel, wherein the viewing angle control film is provided between the display panel and the backlight unit (see Fig. 3). Claims 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Kim, and in further view of Lee (KR 20210076477A), of record. Regarding claim 2, Zheng as modified by Kim discloses the limitations of claim 1 above, and Zheng further discloses wherein each of the plurality of viewing angle patterns comprises a transparent material (Para. [0043]). Zheng does not disclose the transparent material having a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode. However, Lee teaches a similar viewing angle control film (1 in Figs. 1-4; Paras. [0022]-[0023]), wherein a transparent material (5 between electrodes 32 and 22; Paras. [0034], [0057]) has a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode. It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the viewing angle patterns as disclosed by Zheng with the teachings of Lee, to have the transparent material having a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode, for the purpose of further controlling the viewing angle (Lee: Paras. [0044]-[0045]). Regarding claim 15, Zheng as modified by Kim discloses the limitations of claim 14 above, and Zheng further discloses wherein each of the plurality of viewing angle patterns comprises a transparent material (Para. [0043]). Zheng does not disclose the transparent material having a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode. However, Lee teaches a similar viewing angle control film (1 in Figs. 1-4; Paras. [0022]-[0023]), wherein a transparent material (5 between electrodes 32 and 22; Paras. [0034], [0057]) has a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode. It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the viewing angle patterns as disclosed by Zheng with the teachings of Lee, to have the transparent material having a trapezoidal shape in which a top surface facing the upper electrode is wider than a bottom surface facing the lower electrode, for the purpose of further controlling the viewing angle (Lee: Paras. [0044]-[0045]). 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 extension fee 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm. 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, Michael H Caley can be reached on (571)272-2286. 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. /JONATHAN Y JUNG/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Jul 16, 2024
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §103
Jul 06, 2026
Response Filed
Jul 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.5%)
2y 5m (~4m remaining)
Median Time to Grant
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