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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/30/2024 has been considered by the examiner.
Election/Restrictions
Applicant's election of Group II and species I, Claims 4-6, in the reply filed on 06/10/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 4, “a measurer that measures a physical property of the material to be measured based on a current flowing through the element for physical property measurement as a result of the voltage applied, wherein the measurer measures a polarity of an ion contained in the material to be measured”, is being interpreted under 35 U.S.C. 112(f) . Prong 1: a measure (uses the generic placeholder), prong 2: measures a physical property of the material to be measured based on a current flowing through the element for physical property measurement as a result of the voltage applied, measures a polarity of an ion contained in the material to be measured (functional language), prong 3: sufficient structure for performing the function not recited. Therefore, claim 4 invokes 112(f). The corresponding structure for performing the functions is described in the specification (paragraph [0030]) such as measurer 2 includes I-V converter 21 and voltmeter 22.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue et al. (Changes caused to asymmetric I-V characteristics of LC cells having a single-sided alignment layer structure by doping 4-Dimethyl-aminopyridine (4-DMAP) into an LC layer, Molecular Crystals and liquid crystals, 2009, 510, 312-322). Inoue was provided in the previous restriction/election.
Regarding claim 4, Inoue teaches a physical property measurement system (ion density measurement system for LC cells having a single-sided alignment layer as shown in Fig.4) comprising:
a voltage applier (triangle waveform generator in Fig.4); and the limitation “that applies a voltage between a pair of electrodes in an element for physical property measurement, the voltage periodically varying and periodically reversing in polarity” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Inoue teaches the triangle waveform generator is connected to the ITO electrode with alignment layer side in LC cells and the ITO electrode without alignment layer side, and the triangle waveform as shown in Fig.4 and the I-V curve in Fig.5 show that the triangle waveform generator applies a voltage between the two ITO electrodes in the LC cell for physical property measurement, and the voltage periodically varying and periodically reversing in polarity (the measurement frequency and voltage were 0.1 Hz and [Symbol font/0xB1] 10V [section 2.2.2]). Thus, the disclosed triangle waveform generator is configured to perform the claimed functional limitation above, the element for physical property measurement including:
a material (LC layer in Fig.4) to be measured, the material being a solid (LC layer is a solid);
an insulation layer (SE-130 alignment layer in Fig.4 [section 2.1 and Fig.4]; SE-130 is a type of polyimide material, thus is an insulation layer) disposed on only one of both sides of the material to be measured in a thickness direction of the material to be measured (single-sided alignment layer structure [title and Fig.4]); and
the pair of electrodes (the pair of ITO electrodes as shown in Fig.4) between which the material to be measured and the insulation layer are interposed in the thickness direction (see Fig.4); and
a measurer (current measurement circuit including I-V converter and voltameter as shown in Fig.4); and the limitation “that measures a physical property of the material to be measured based on a current flowing through the element for physical property measurement as a result of the voltage applied, wherein the measurer measures a polarity of an ion contained in the material to be measured” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Inoue teaches the current measurement circuit to measure the current flowing through the element as a result of the voltage applied, as shown in the measured I-V curve of Fig.5. We observed different slope levels and area of ion peaks which were equivalent to Ion Density at positive and negative voltage application, because of the asymmetric structure of an LC cell and the difference in amount between positive and negative ions in the LC layer. We also could estimate an internal DC voltage in an LC cell from the shift of voltage vs. current curve in applied voltage direction (the 2nd paragraph on page 316). Furthermore, the disclosed current measurement circuit is the same as the measure 2 including I-V converter 21 and voltmeter 22 as shown in Fig.1 in instant application. Thus, the disclosed measurer is configured to perform the claimed functional limitation above.
Regarding claim 5, Inoue teaches the physical property measurement system according to claim 4, and the limitation “wherein the measurer further measures an amount of the ion contained in the material to be measured” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Inoue teaches the current measurement circuit and the voltmeter to measure the current flowing through the element as a result of the voltage applied, as shown in the measured I-V curve of Fig.5. We observed different slope levels and area of ion peaks which were equivalent to Ion Density at positive and negative voltage application, because of the asymmetric structure of an LC cell and the difference in amount between positive and negative ions in the LC layer. We also could estimate an internal DC voltage in an LC cell from the shift of voltage vs. current curve in applied voltage direction (the 2nd paragraph on page 316). Furthermore, the disclosed current measurement circuit is the same as the measure 2 including I-V converter 21 and voltmeter 22 as shown in Fig.1 in instant application. Thus, the disclosed measurer is configured to perform the claimed functional limitation above.
Regarding claim 6, Inoue teaches an element for physical property measurement (LC cell as shown in Fig.4), the element being used in the physical property measurement system according to claim 4 (Inoue teaches the element being used in the physical property measurement system according to claim 4, as outlined in the rejection of claim 4 above).
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure: Noguchi et al. (Charge accumulation at organic semiconductor interfaces due to permanent dipole moment and its orientation order in bilayer devices, J. Appl. Phys., 2012, 111, 114508) teaches DCM measurement system (Fig.2b). Fujii et al. (US5601903A) teaches a measurement system for measuring property of EL element as shown in Figs. 2-4. Inoue et al. (US20110121854A1) teaches a physical property measurement system as shown in Fig.1B. Lee et al. (US20040263450A1) teaches method and apparatus for measuring response time of liquid crystal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan V. Van can be reached on (571) 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIZHI QIAN/Primary Examiner, Art Unit 1795
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