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 § 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 1-5 and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ise et al. (US 2014/0060725) in view of WO2022/010185A1, with Kim et al. (US 2023/0229050) serving as an English translation of WO2022/010185A1.
As to claim 1, Ise discloses in figures 3 and 5: an upper substrate M2 including a first base layer; and a lower substrate M1 including a second base layer and spacers SP, wherein a region between the upper substrate and the lower substrate is divided into a liquid crystal region EF containing a liquid crystal compound LM and non-liquid crystal regions SC which do not contain liquid crystal and are filled with air, and each non-liquid crystal region has a width of 4 mm or more (paragraph [0055], “Specifically, the close portion DMC is formed near the air inlet H or at a location where a relatively wide space can be secured”).
Ise does not disclose a pressure-sensitive adhesive on the upper substrate. WO2022/010185A1 discloses in figure 1, a pressure sensitive adhesive layer 13 on the upper substrate. The pressure sensitive adhesive contacts the upper surface of the spacers 14, thereby improving adhesion between the upper and lower substrates. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ise by providing a pressure-sensitive adhesive layer on the upper substrate as disclosed by WO2022/010185A1 in order to improve adhesion between the upper and lower substrates.
As to claim 2, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. Ise further discloses in figure 3, wherein the non-liquid crystal region DM1-DM4 has a line shape extending in a first direction, and the first direction is a longitudinal direction of the first base layer or the second base layer.
As to claim 3, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. Ise further discloses in figure 3, wherein the non-liquid crystal regions DM2 and DM4 are respectively located on a first side surface and a second side surface of the liquid crystal region, and the non-liquid crystal region DM2 located on the first side surface of the liquid crystal region and the non-liquid crystal region DM4 located on the second side surface of the liquid crystal region do not contact each other.
As to claim 4, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 3. Ise further discloses in figure 3, wherein a major surface of the non-liquid crystal region DM2 located on the first side surface of the liquid crystal region and a major surface of the non-liquid crystal region DM4 located on the second side surface of the liquid crystal region are oriented parallel to each other.
As to claim 5, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. Ise further discloses in figure 3, wherein the non-liquid crystal region DM2 (selecting one of the enclosed dummy sealants as the non-liquid crystal region) is located only on one side surface of the liquid crystal region.
As to claim 7, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. Ise further discloses wherein the liquid crystal compound LM in the liquid crystal region EF is configured to switch orientation states upon application of a voltage thereto.
As to claim 8, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. WO2022/010185A1 further discloses in figure 1, wherein the upper substrate further comprises a first electrode layer 12 disposed between the first base layer 11a and the pressure-sensitive adhesive layer 13, and the lower substrate further comprises a second electrode layer 12 disposed between the second base layer 11b and the spacers 14.
As to claim 9, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 8. WO2022/010185A1 further discloses in figure 1, wherein the upper substrate does not comprise an alignment film, and the lower substrate further comprises an alignment film 15.
As to claim 10, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1. WO2022/010185A1 further discloses in figure 2, an optical device 100 comprising a first outer substrate 20a, the liquid crystal cell 10, and a second outer substrate 20b sequentially arranged.
As to claim 11, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 10. WO2022/010185A1 further discloses wherein the first outer substrate 20a and the second outer substrate 20b are each a glass substrate.
As to claim 12, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 10. WO2022/010185A1 further discloses in figure 2, a first adhesive layer 30 disposed between the first outer substrate 20a and the liquid crystal cell 10, and a second adhesive layer 30 disposed between the second outer substrate 20b and the liquid crystal cell 10.
As to claim 13, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 12. WO2022/010185A1 further discloses (Kim, paragraph [0100])) wherein the first adhesive layer and the second adhesive layer are each a thermoplastic polyurethane adhesive layer, a polyamide adhesive layer, a polyester adhesive layer, an ethylene vinyl acetate adhesive layer, an acrylic adhesive layer, a silicone adhesive layer, or a polyolefin adhesive layer.
As to claim 14, Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 10. WO2022/010185A1 further discloses (Kim, paragraphs [0118]-[0120]) an automobile comprising an auto body in which one or more openings are formed, and the optical device is mounted in the one or more openings.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ise et al. (US 2014/0060725) in view of WO2022/010185A1 as applied to claim 1 above, and in further view of Gauthier et al. (US 2016/0033841).
Ise in view of WO2022/010185A1 discloses all of the elements of the claimed invention discussed above regarding claim 1, but does not disclose wherein a region where only any one of the upper substrate and the lower substrate is present is located on a side surface of the non-liquid crystal region, and a conductive tape extending in a first direction is formed on one of the upper substrate or the lower substrate. Gauthier discloses in figures 1-4, a device wherein a region where only any one of the upper substrate 54 and the lower substrate 56 is present is located on a side surface of the non-liquid crystal region 64, and a conductive tape 58a/58b (paragraph [0157], busbars 58a and 58b may be conductive tape) extending in a first direction is formed on one of the upper substrate 54 or the lower substrate 56. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to further modify Ise wherein a region where only any one of the upper substrate and the lower substrate is present is located on a side surface of the non-liquid crystal region, and a conductive tape extending in a first direction is formed on one of the upper substrate or the lower substrate as disclosed by Gauthier in order to provide electrical contacts to the liquid crystal cell.
Response to Arguments
Applicant’s arguments with respect to claims 1-14 have been considered but are moot in view of the new grounds of rejection. The new grounds of rejection are based on applying the newly cited prior art of Ise et al. (US 2014/0060725) as the primary reference.
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.
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/DAVID Y CHUNG/Primary Examiner, Art Unit 2871
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