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
Receipt is acknowledged of applicant' s amendment filed 07/03/2025. Claims 1-20 are pending and an action on the merits is as follows.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of based on amendment to claims.
Specifically the applicant on page of 11 of remarks recites “he Applicant submits that
the combination of Toko and Tillen does not teach, suggest, or render obvious the
feature of “an angle between a direction of electric field generated in the liquid crystal
layer in a case where a voltage is applied to the electrode and a direction of alignment
of the liquid crystal molecules in a case where the voltage is not applied is 2° or more.”
The examiner respectfully disagrees with the applicant for the following reasons: Claim 1 as amended involves a 112 issue specifically the applicant amended to recite “in a case where a voltage is applied to the electrode and a direction of alignment of the liquid crystal molecules in a case where the voltage is not applied is 2° or more” , this is operational language and does not include enough information as to the applicant’s claimed invention. If the claims structures of the invention are upon by the In claim 1 , The applicant further alleges that one of ordinary skill would not be able to arrive at amended claims based on the teachings of Toko. However the Toko reference includes what than what the applicant has actually claimed. So if the claims include of the needed components why then can’t Toko arrive at this operational language ? The claims as amended do not provided ascertainable information thus how then can applicant say that the structure of Toko is inaccurate when its includes all the information provided in the claim. Toko further discloses where a pre-tilt values is obtained and then the voltage is adjusted to apply the desired wavelengths (see paragraphs 11-20 of Toko). Person of ordinary skill in the art could make the necessary adjustment without breaking Toko to achieve a desired angle of electric field and a direction of alignment parameters as voltage is provided. For purposes of examination the examiner will assume the operational language, the recitation “in a case where a voltage is applied to the electrode and a direction of alignment of the liquid crystal molecules in a case where the voltage is not applied is 2° or more” taught in Toko, paragraphs 11-20 read as required for the invention of 19,20; Tillen . All arguments being addressed, an office action on merits follows. Rejection adjusted in light of applicant’s amendments.
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 1-11, 15-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Toko et al. (JP2006/084562, machine translation, 03-2006) (Toko, hereafter).
Regarding claims 1 and 2, Toko discloses describes a homeotropic (vertical) alignment liquid crystal element comprising a pair of substrates (upper substrate 32 and lower substrate 31) and a liquid crystal layer 39 interposed therebetween, wherein the pair of substrates (upper substrate 32 and lower substrate 31) are arranged substantially parallel to each other so that alignment films 37 and 38 face each other, the upper substrate 32 and the lower substrate are configured to respectively include transparent substrates 33 and 34, transparent electrodes 35 and 36 that are formed of a transparent conductive material on the transparent substrates 33 and 34 and have prescribed patterns, and the alignment films 37 and 38 that are formed on the transparent electrodes 35 and 36 so as to cover said electrodes (paragraph [0014]).
Toko fails to explicitly disclose a phase modulation device (claims 1 and 2);wherein an angle between a direction of electric field generated in the liquid crystal layer in a case a voltage is applied to the electrode and a direction of alignment of the liquid crystal molecules in a case the voltage is not applied is 2° or more and 20° or less (claim 1) ; 5° or more 15°or less (claim 2).
Toko does (Figure 6) disclose how the pre-tilt angle is determined between rubbing intensity and desired pretilt angle. It is understood that as the rubbing intensity increases the pretilt angle decreases thus allowing for the pretilt angle to be freely controlled in a range of 70°-90°; for that the purpose of high transmittance. Toko discloses A voltage applying means (40) is connected between the transparent electrodes( 35,36), and an arbitrary voltage can be applied to the liquid crystal layer 39 between the transparent electrodes (35 36) by the voltage applying means 40. For example, the transparent electrode 35,36 is divided into a plurality of regions in which applied voltages are controlled independently of each other. Toko further discloses that this liquid crystal element is in optical elements for communication, optical pickups using liquid crystal, phase or amplitude modulation elements for laser oscillators, liquid crystal tilt sensors, liquid crystal masks for laser printing, and the like (π59).
It would have been obvious to one of ordinary skill before the effective filing date to modify the device of Toko as disclosed by Toko where the element used as a phase modulation device wherein an angle between a direction of electric field generated in the liquid crystal layer when a voltage is applied to the electrode and a direction of alignment of the liquid crystal molecules when the voltage is not applied is 2° or more and 20° or less; 5° or more 15°or less for the purposes of optimization and high transmittance.
Regarding claim 5, Toko discloses further comprising an alignment film(37) or (38) disposed on the electrode (35) or (36) between the first substrate(33) and the second substrate (34).
Regarding claim 6, Toko discloses wherein the alignment film is configured to control the alignment of the liquid crystal molecules (π15-π17).
Regarding claim 7, Toko discloses wherein the alignment film includes an inorganic material (π35).
Regarding claims 3-4, 8, 11, the limitations, a layer including a polymer that is polymerized, the layer being disposed on the electrode between the first substrate and the second substrate (claim 3);wherein the electrode has a shape having a slit or an uneven shape (claim 4); wherein the alignment film includes an obliquely deposited film (claim 8);wherein the alignment film includes a photosensitive group (claim 11) etc do not appear to contain any additional features which define more than slight constructional changes which come within the scope of the customary (design) practice followed by persons skilled in the art, especially as the advantages thus achieved can be readily contemplated in advance. Alternatively, these limitations are not deemed patentable since the applicant’s disclosure fails to show such limitations to solve any problems or to yield any unobvious advantage that is not within the scope of the teachings applied. Therefore, such limitations would be a matter of design alternative.
It would have been obvious to one of ordinary skill before the effective filing date to further modify the device of Toko as disclosed above as design requirements would allow for optimization of the device.
Regarding claim 9, Toko discloses wherein the alignment film includes an organic material (π15-π17).
Regarding claim 10, Toko discloses wherein the alignment film includes a film whose alignment direction is defined by a rubbing process (π15).
Regarding claim 15, Toko discloses wherein the liquid crystal molecules have negative dielectric anisotropy (π15).
Regarding claim 16, Toko discloses wherein direction the electric field generated in the liquid crystal layer is in a direction in which the first substrate is opposed the second substrate (π16).
Regarding claims 19-20, the limitations of these claims are the same as what as in claim 1 and 2 the arguments apply mutatis mutandis they are likewise rejected.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Toko et al. (JP2006/084562, machine translation, 03-2006) (Toko, hereafter) in view of MizuSaki et al. (US 20190011736 A1) (MizuSaki, hereafter).
Toko discloses the phase modulation device set forth above (see rejection claim 1,2). Toko fails to explicitly disclose wherein the alignment film includes a photosensitive group.
Mizusaki (figure 1 -5 and corresponding text) discloses the liquid crystal display device according to this embodiment includes paired substrates (10) and (20); a liquid crystal layer 30 disposed between the substrates (10) and (20); photoalignment films (40) one of which is between the substrate 10 and the liquid crystal layer (30) and the other is between the substrate 20 and the liquid crystal layer (30); and polymer layers (50) on of which is between one photoalignment film (40)and the liquid crystal layer (30) and the other is between the other photoalignment film (40) and the liquid crystal layer (30). (π54); In the case of the vertical alignment film, when the liquid crystal molecules are substantially vertically aligned, the pre-tilt angle is preferably 83.0° or more and employs photoreactive functional group-containing polymer (π66-π67).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify the phase modulation device of Toko as disclosed by MizuSaki to vertically align the device of Toko wherein the alignment film includes a photosensitive group in order to provide a thin profile, light weight, and low power consumption type device.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Toko et al. (JP2006/084562, machine translation, 03-2006) (Toko, hereafter) in view of Inoue et al. (US 20030095229 A1) (Inoue, hereafter).
Regarding claim 12 and 14, Toko discloses the phase modulation device set forth above (see rejection claim 1). Toko fails to a structure between the first substrate and the second substrate, the structure including a polymer that is polymerized(claim 12); the structure includes a first protrusion extending from the first substrate and a second protrusion extending from the second substrate (claim 14).
Inoue discloses (Figure 26) protrusion disposed between the first and second substrates to illustrate the direction in which the molecules tilt; (Figure 27) protrusion extending from the first substrate and the second substrate in order to more clearly define the direction in which the liquid crystal molecules tilts(π313-π315).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify the phase modulation device of Toko as disclosed by Inoue wherein a structure disposed between the first substrate and the second substrate, the structure including a polymer that is polymerized; the structure includes a first protrusion extending from the first substrate and a second protrusion extending from the second substrate the motivation being to fabricate a device free from alignment disruptions(π315, Inoue).
Regarding claim 13, Toko as modified by Inoue fails to explicitly disclose wherein the structure couples the first substrate and the second substrate. However the applicant has not shown this limitation to solve some unexpected problem beyond the references as applied, as such the configuration is considered a matter of design choice. It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify the phase modulation device of Toko wherein the structure couples the first substrate and the second substrate to provide one configuration for a device and since design choice requires only routine skill.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tillen et al. (US 6222605 B1) (Tillen. Hereafter).
Regarding claim 17 and 18, Tillen discloses(Figure 1-4 and corresponding text) liquid crystal device comprising: a first substrate (4) having an electrode (2); a second substrate(4α) opposed to the first substrate (4); a liquid crystal layer(7) including liquid crystal molecules, the liquid crystal layer being disposed between the first substrate (4) and the second substrate(4α); an alignment film (3 and 6) disposed on the electrode(2) between the first substrate (4) and the second substrate (4α) (Column 2, line 60-Column 3, line 5). Tillen fails to explicitly disclose a phase modulation device(claim 17 and 18) a protective film disposed on the alignment film ; an angle between a direction of electric field generated in the liquid crystal layer in a case where a voltaqe is applied to the electrode and a direction of alignment of the liquid crystal molecules in a case where the voltaqe is not applied is 20 or more and 200 or less (Claim 17); wherein the protective film includes a polymer that is polymerized (Claim 18).Tillen does however discloses liquid crystal 7 includes a small quantity of a pre-polymer a drive voltage of sufficient amplitude to change the liquid crystal to the V state is applied between the electrodes (2) and (5) and, once the V state has been established, the pre-polymer is cross-linked or polymerized, for instance by ultraviolet irradiation, while maintaining the drive voltage between the electrodes (2) and( 5). When polymerization or cross-linking is complete, the drive voltage may be removed. However, instead of relaxing to the splay state, the liquid crystal 7 is stabilized in the V state and remains in this state irrespective of whether a drive voltage is applied between the electrodes 2 and 5. Accordingly, the cell functions immediately upon applying a drive voltage, which voltage may have zero amplitude for one state of the pi-cell. In embodiments 1-6, a cell is stabilized in the V state when 2 to 3 wt.% of reactive mesogen is used as the prepolymer (Column 3, line 10-Column 4 line 5). The display of Tillen usable in fast switching environments or spatial light modulators (column 1, lines 1-10). Tillen does not describe forming a protective layer on the alignment layers 3 and 6 after the prepolymer is crosslinked or polymerized. However, considering that the manufacturing method is the same as that of the fourth embodiment of the present application (in particular, paragraph [0072]), it is highly likely that a protective layer is formed on the alignment layers 3 and 6 after the prepolymer is crosslinked or polymerized
Therefore it would have been obvious to one of ordinary skill to modify the liquid crystal device of Tillen as disclosed by Tillen wherein a phase modulation device a protective film disposed on the alignment film, an angle between a direction of electric field generated in the liquid crystal layer in a case where a voltaqe is applied to the electrode and a direction of alignment of the liquid crystal molecules in a case where the voltaqe is not applied is 20 or more and 200 or less; wherein the protective film includes a polymer that is polymerized the motivation being effect on switching speed or response time of the device is relatively small so that the device retains the advantages of pi-cells while overcoming the known disadvantages.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACIE Y GREEN whose telephone number is (571)270-3104. The examiner can normally be reached Mon-Thursday, 10am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached on (571)272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRACIE Y. GREEN
Primary Examiner
Art Unit 2875
/TRACIE Y GREEN/ Primary Examiner, Art Unit 2875