Prosecution Insights
Last updated: August 17, 2026
Application No. 18/902,246

ELECTROWETTING DISPLAY PANEL AND DISPLAY DEVICE

Non-Final OA §103
Filed
Sep 30, 2024
Priority
Oct 12, 2023 — CN 202311318111.2
Examiner
HUSTOFT, JUSTIN WAYNE
Art Unit
Tech Center
Assignee
HKC Corporation Limited
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
59 granted / 88 resolved
+7.0% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
31 currently pending
Career history
126
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 88 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 . Drawings The drawings were received on 09/30/2024. These drawings are acceptable. 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 1-4, 7-8, 11-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen et al. US Patent 5,717,283 (of record, see IDS dated 09/30/2024, hereinafter, “Biegelsen”) in view of Tanaka US Patent 7,385,765 B2 (hereinafter, “Tanaka”). Regarding independent claim 1, Biegelsen discloses an electrowetting display panel (Fig. 13, smart electric display sheet 110, col. 8, lines 56-59), comprising: an upper substrate, comprising an upper electrode layer (Fig. 13, sheet 118 is equivalent to an upper substrate, with electric field generating elements 111 equivalent to an upper electrode layer, col. 8, lines 56-59); a lower substrate, arranged opposite to the upper substrate and comprising a lower electrode layer (Fig. 13, sheet 120 is equivalent to a lower substrate, is arranged opposite to sheet 118, and electric field generating elements 113 are equivalent to a lower electrode layer, col. 8, lines 56-59); a plurality of separation pieces, which are arranged in an array between the upper substrate and the lower substrate, and are arranged in one-to-one correspondence with a plurality of pixels in the electrowetting display panel (Fig. 13, sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120 in a one-to-one correspondence with hour glass shaped capsules 122, col. 8, line 59 to col. 9, line 5); wherein one end of each of the plurality of separation pieces abuts against the upper substrate, and another end of the separation piece abuts against the lower substrate, wherein the upper substrate, the lower substrate, and the separation piece collectively enclose a cavity (Fig. 13, sheet 114 abuts sheet 118, and sheet 116 abuts sheet 120, and sheets 118, 120, 114, 112, and 116 collectively enclose capsule 122); wherein the cavity is divided into a first cavity and a second cavity that are communicated to each other (Fig. 13, hour glass shaped capsule 122 has two chambers that are connected to allow ink to move from one chamber to another, col. 9, lines 3-5), wherein the first cavity and the second cavity are stacked and arranged between the upper substrate and the lower substrate (Fig. 13, hour glass shaped capsule 122 has two chambers stacked and arranged between sheet 118 and sheet 120), wherein the first cavity is located between the upper substrate and the second cavity (Fig. 13, hour glass shaped capsule 122 has a first chamber between sheet 118 and sheet 112), and a cross-sectional area of an end of the first cavity adjacent to the second cavity is less than a cross-sectional area of another end of the first cavity adjacent to the upper substrate (Fig. 13, hour glass shaped capsule 122 has a cross-sectional area at the point of contact between the two chambers that is less than the cross-sectional area of the chamber in contact with sheet 118), wherein a cross-sectional area of an end of the second cavity adjacent to the first cavity is less than a cross-sectional area of another end of the second cavity adjacent to the lower substrate (Fig. 13, hour glass shaped capsule 122 has a cross-sectional area at the point of contact between the two chambers that is less than the cross-sectional area of the chamber in contact with sheet 120); wherein each of the plurality of separation pieces comprises an inner wall that is disposed corresponding to the first cavity and that is operative to reflect light (Fig. 13, sheets 112, 114, 116, 118 and 120 have the same properties and serve the same purpose as the sheets 12, 14, 16, 18 and 20 of electric display sheet 10 of Fig. 1, respectively, col. 8, lines 59-62, where sheet 12 shown in Fig. 1 is the medial sheet and is a thin, flexible, white, opaque and highly reflective material such as TiO2-filled polymer membrane, col. 2, lines 36-40); and a first fluid and a second fluid that are immiscible with each other, wherein the first fluid is an opaque liquid and is disposed in the first cavity (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, and Biegelsen teaches portion 44 may be filled with an immiscible liquid, col. 5, lines 20-24); wherein the second fluid is a transparent liquid and is disposed in the second cavity (Figs. 1 and 13, portion 44 of hour glass shaped capsule 122 can be filled with air, which is a transparent fluid, and Biegelsen teaches portion 44 may be filled with an immiscible liquid as noted above, therefore Biegelsen teaches the option of filling portion 44 with an immiscible transparent liquid), and the first fluid has a density different from a density of the second fluid (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, where air has a density of 1.2 kg/m3 at 101.325 kPa and 15 °C, or a specific gravity of 1.0, and ink has a specific gravity different from air, therefore Biegelsen teaches two fluids with different densities); wherein one of the first fluid and the second fluid is charged, wherein under an action of the upper electrode layer and the lower electrode layer, the first fluid and the second fluid are operative to flow between the first cavity and the second cavity (Figs. 1, 9, and 13, when applying an electric field, the ink 42 in hourglass shaped capsule 22 is moved from one chamber of capsule 22 into the other chamber, col. 6, lines 12-16). Biegelsen does not disclose the first fluid has a density that is less a density of the second fluid (Biegelsen discloses ink and air as two fluids suitable for smart electric display sheet 110, and, as best understood by the Examiner, ink has a higher specific gravity or density than air, thus, as the first fluid, ink is the opaque liquid, and air, as the second fluid is transparent, but the densities do not match the recited limitation because opaque ink is denser than transparent air). In a related field of invention, Tanaka discloses optical element 40, shown in at least Fig. 1, that employs electrowetting (col. 5, lines 7-9) with container 42 holding first liquid 44 and second liquid 46 (col. 5, lines 10-14) where liquids 44 and 46 are immiscible (col. 6, lines 32-35). Tanaka further discloses first liquid 44 is polar or conductive with a lower transmittance than second liquid 46 (col. 6, lines 35-38), and that first liquid 44 is made of a mixture of water, ethanol, and ethylene glycol (col. 6, lines 32-35, see Fig. 9), and first liquid 44 can be mixed with carbon black to block light (col. 12, lines 37-43), while second liquid 46 is disclosed as silicon oil (col. 6, lines 38-39, see also Fig. 9). As shown in Fig. 9, specific gravities of various commercially available silicon oils are also indicated (col. 12, line 28-31) and thus Tanaka teaches that the first liquid 44 can have a lower specific gravity than second liquid 46. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Tanaka to the disclosure of Biegelsen and used a water-ethanol-ethylene glycol mixture with carbon black as a first liquid, and a silicon oil as a second liquid, because Tanaka teaches such an arrangement contributes to reduction of the thickness of the optical element (Tanaka, col. 12, lines 40-43). Regarding dependent claim 2, Biegelsen in view of Tanaka (hereinafter, “modified Biegelsen”) discloses the electrowetting display panel as recited in claim 1, and Biegelsen further discloses wherein each of the plurality of separation pieces is of an axisymmetric structure (Biegelsen Fig. 13 shows sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5, and these elements are axisymmetric in structure), wherein the separation piece comprises a first separator and a second separator connected to each other (Biegelsen Fig. 13 shows, sheets 114 and 116 arranged between sheets 118 and 120, equivalent to first and second separators connected to each other, col. 8, line 59 to col. 9, line 5), wherein the first separator and the upper substrate jointly define the first cavity (Biegelsen Fig. 13 shows sheet 118 and sheet 114 together define one of the two chambers of capsule 122, col. 9 lines 6-8), wherein the second separator and the lower substrate jointly define the second cavity (Biegelsen Fig. 13 shows sheet 120 and sheet 116 together define the other of the two chambers of capsule 122, col. 9 lines 6-8), wherein the first separator and the second separator are mirror-image structures with respect to each other (Biegelsen Fig. 13 shows sheets 118 and 114 and sheets 120 and 116 as mirror-image structures with respect to each other). Regarding dependent claim 3, modified Biegelsen discloses the electrowetting display panel as recited in claim 2, and Biegelsen further discloses wherein in a direction from the upper substrate to the lower substrate, a cross section of the first cavity gradually decreases, and a cross section of the second cavity gradually increases (Biegelsen Figs. 1 and 13 shows capsules 122 are hour-glass shaped with a decreasing cross sectional area in a direction from sheet 118 to sheet 112, and an increasing cross sectional area in a direction from sheet 112 to 120). Regarding dependent claim 4, modified Biegelsen discloses the electrowetting display panel as recited in claim 3, and Biegelsen further discloses wherein an inner side surface of each of the first cavity and the second cavity is an inclined surface (Biegelsen Fig. 13 shows hour glass shaped capsules 122 with inner side surface of the upper chamber and the lower chamber with inclined surfaces). Regarding dependent claim 7, modified Biegelsen discloses the electrowetting display panel as recited in claim 3, and Biegelsen further discloses wherein an inner side surface of each of the first cavity and the second cavity is a curved surface (Biegelsen Fig. 13, the inner surfaces of the two chambers of hour glass shaped capsule 122 are curved surfaces). Regarding dependent claim 8, modified Biegelsen discloses the electrowetting display panel as recited in claim 7, but the prior art combination does not disclose wherein the first cavity and the second cavity are each U-shaped (Biegelsen in Fig. 13 depicts capsules 122 as curved hour-glass shapes, and Tanaka in Fig 1 shows container 42 with straight line edges). The prior art and the instant claim differ by the shape of the cavities. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a shape for capsules 122 of smart electric display sheet 110 disclosed by Biegelsen, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because the shape of the fluid-holding capsules will not alter the fundamental electrowetting functionality of the display sheet, and while the change in shape may lead to differences in fluid volumes within the cavities, the volume and/or mass of fluids is not claimed. Regarding dependent claim 11, modified Biegelsen discloses the electrowetting display panel as recited in claim 1, and Biegelsen further discloses wherein the first fluid is a charged liquid, comprising a charged black ink or a charged alkane (Biegelsen Figs. 1, 9, and 13, when applying an electric field, the ink 42 in hourglass shaped capsule 22 is moved from one chamber of capsule 22 into the other chamber, col. 6, lines 12-16, and ink 42 in those hourglass shaped capsules will move into the chambers 24 causing that pixel to be seen as a black pixel, assuming that the ink is black, col. 6, lines 22-26); wherein the second fluid is a non-charged fluid (Figs. 1 and 13, portion 44 of hour glass shaped capsule 122 can be filled with air, which is a transparent fluid, and Biegelsen teaches portion 44 may be filled with an immiscible liquid as noted above, therefore Biegelsen teaches the option of filling portion 44 with a second fluid that is an immiscible transparent liquid). As noted above, Tanaka discloses optical element 40, shown in at least Fig. 1, with first liquid 44 that is polar or conductive with a lower transmittance than second liquid 46 (col. 6, lines 35-38), and that first liquid 44 is made of a mixture of water, ethanol, and ethylene glycol (col. 6, lines 32-35, see Fig. 9), and first liquid 44 can be mixed with carbon black to block light (col. 12, lines 37-43), while second liquid 46 is disclosed as silicon oil (col. 6, lines 38-39, see also Fig. 9). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Tanaka to the disclosure of Biegelsen and used a water-ethanol-ethylene glycol mixture with carbon black as a first liquid, and a silicon oil as a second liquid, because Tanaka teaches such an arrangement contributes to reduction of the thickness of the optical element (Tanaka, col. 12, lines 40-43). Thus the prior art combination of Biegelsen in view of Tanaka teaches and renders obvious the limitation wherein the second fluid is a non-charged liquid, including water. Regarding dependent claim 12, modified Biegelsen discloses the electrowetting display panel as recited in claim 2, and Biegelsen further discloses wherein each of the plurality of separation pieces further comprises a hollow plate (Biegelsen Fig. 13, sheet 12 has a plurality of holes through its width, as shown in Fig. 2, col. 2, lines 66-67, therefore sheet 12 is hollow, and sheets 114 and 116 have the chambers of capsules 122 to hold fluids, therefore these elements are also hollow), wherein the hollow plate is disposed at a junction of the first cavity and the second cavity and is connected to the first separator and the second separator (Biegelsen Fig. 13 shows sheet 12 is at the junction between the upper and lower chambers of capsules 122, and sheet 112 is connected to sheets 114 and 116); wherein there is defined a plurality of micropores in the hollow plate, and wherein a side of the hollow plate facing the upper substrate is operative to reflect light (Biegelsen Fig. 13, sheet 12 has a plurality of holes through its width, as shown in Fig. 2, col. 2, lines 66-67 and sheet 12 is a highly reflective material, col. 2, lines 35-40). Regarding dependent claim 13, modified Biegelsen discloses the electrowetting display panel as recited in claim 12, and Biegelsen further discloses wherein the hollow plate is integrally formed with the first separator and the second separator (Biegelsen Fig. 13 shows sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5). Regarding dependent claim 14, modified Biegelsen discloses the electrowetting display panel as recited in claim 1, and Biegelsen further discloses wherein in a direction pointing to the lower substrate, the upper substrate comprises a first base, the upper electrode layer, and an upper hydrophobic insulating layer (Fig. 13, sheet 118 with electric field generating elements 111, col. 8, lines 56-59, and in a direction from sheet 118 to sheet 120 there is a stack of sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5, and Biegelsen teaches the option of a hydrophobic insulating layer, col. 6, lines 61-65); wherein in a direction pointing to the upper substrate, the lower substrate comprises a second base, the lower electrode layer, and a lower hydrophobic insulating layer, wherein the lower electrode layer comprises a pixel electrode (Fig. 13, sheet 120 with electric field generating elements 113, col. 8, lines 56-59, and sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5, and Biegelsen teaches the option of a hydrophobic insulating layer, col. 6, lines 61-65), wherein the lower electrode layer comprises a pixel electrode (Fig. 13, smart electric display sheet 110 has electric field generating elements 113 placed on sheet 120 to create a self-contained activating device, col. 8, lines 49-62, thus elements 113 are equivalent to pixel electrodes) and a control circuit (smart electric display sheet 110 is capable of activating or deactivating the hourglass shaped capsules 122 by a passive matrix addressing using a plurality of voltage sources contacting the display sheet at the sides of the sheet, col. 9, lines 30-33) that are connected (Fig. 13, electric field generating elements 113 must be connected to the passive matrix addressing elements to function as intended), wherein the plurality of separation pieces are arranged between the upper hydrophobic insulating layer and the lower hydrophobic insulating layer (Biegelsen Fig. 13, sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5). Biegelsen does not disclose a first base, an upper electrode layer, and an upper hydrophobic insulating layer that are stacked in sequence (Biegelsen Fig. 13 shows electric field generating elements 111 on a side of sheet 118 away from sheet 120 rather than on the side toward sheet 120) nor a second base, a lower electrode layer, and a lower hydrophobic insulating layer that are stacked in sequence (Biegelsen Fig. 13 shows electric field generating elements 113 on a side of sheet 120 away from sheet 118 rather than on the side toward sheet 118), In a related field of invention, Tanaka discloses optical element 40, shown in at least Fig. 1, that employs electrowetting (col. 5, lines 7-9) with container 42 including electrode 48 (col. 5, line 33), and first film 54 (col. 6, line 4), where the surface of container 42 is equivalent to a substrate with a first base, followed by an upper electrode layer in the form of electrode 48, then an insulting layer 54. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Tanaka to the disclosure of Biegelsen and arranged electric field generating elements 111 on a side of sheet 118 toward sheet 120 and electric field generating elements 113 on a side of sheet 120 toward sheet 118, because Tanaka teaches such an arrangement contributes to reduced size of the device (Tanaka, col. 8, lines 35-38) and increasing operation speed (Tanaka, col. 8, lines 45-46, 51-53). Regarding dependent claim 16, modified Biegelsen discloses the electrowetting display panel as recited in claim 14, and Biegelsen further discloses wherein the lower substrate further comprises a reflective layer arranged between the second base and the lower electrode layer, wherein an inner wall of each the plurality of separation pieces corresponding to the respective second cavity is operative to reflect light (Fig. 13, sheets 112, 114, 116, 118 and 120 have the same properties and serve the same purpose as the sheets 12, 14, 16, 18 and 20 of electric display sheet 10 of Fig. 1, respectively, col. 8, lines 59-62, where sheet 12 shown in Fig. 1 is the medial sheet and is a thin, flexible, white, opaque and highly reflective material such as TiO2-filled polymer membrane, col. 2, lines 36-40). Regarding dependent claim 17, modified Biegelsen discloses the electrowetting display panel as claimed in claim 1, and Biegelsen further discloses wherein each of the plurality of separation pieces is of an integral structure, and wherein adjacent separation pieces are attached to each other (Biegelsen Fig. 1, sheets 12 14, 16, 18 and 20 are all bonded together, col. 2, line 50). Regarding dependent claim 18, modified Biegelsen discloses the electrowetting display panel as recited in claim 1, and Biegelsen further discloses wherein each of the plurality of separation pieces is made of a reflective material (Biegelsen Fig. 13, sheets 112, 114, 116, 118 and 120 have the same properties and serve the same purpose as the sheets 12, 14, 16, 18 and 20 of electric display sheet 10 of Fig. 1, respectively, col. 8, lines 59-62, where sheet 12 shown in Fig. 1 is the medial sheet and is a thin, flexible, white, opaque and highly reflective material such as TiO2-filled polymer membrane, col. 2, lines 36-40, and sheets 14 and 16 are flexible thick films of commercially available materials, see col. 2, lines 40-51, where Examiner understands these materials to be reflective in that light will reflect off of these materials). Regarding independent claim 19, Biegelsen discloses an electrowetting display panel (Fig. 13, smart electric display sheet 110, col. 8, lines 56-59), comprising: an upper substrate (Fig. 13, sheet 118, col. 8, lines 56-59); and a lower substrate, arranged opposite to each other (Fig. 13, sheet 120 is arranged opposite sheet 118, col. 8, lines 56-59); wherein in a direction pointing to the lower substrate, the upper substrate comprises a first base, an upper electrode layer, and an upper hydrophobic insulating layer (Fig. 13, sheet 118 with electric field generating elements 111, col. 8, lines 56-59, and in a direction from sheet 118 to sheet 120 there is a stack of sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5, and Biegelsen teaches the option of a hydrophobic insulating layer, col. 6, lines 61-65); wherein in a direction pointing to the upper substrate, the lower substrate comprises a second base, a lower electrode layer, and a lower hydrophobic insulating layer (Fig. 13, sheet 120 with electric field generating elements 113, col. 8, lines 56-59 sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120, col. 8, line 59 to col. 9, line 5), wherein the lower electrode layer comprises a pixel electrode (Fig. 13, smart electric display sheet 110 has electric field generating elements 113 placed on sheet 120 to create a self-contained activating device, col. 8, lines 49-62, thus elements 113 are equivalent to pixel electrodes) and a control circuit (smart electric display sheet 110 is capable of activating or deactivating the hourglass shaped capsules 122 by a passive matrix addressing using a plurality of voltage sources contacting the display sheet at the sides of the sheet, col. 9, lines 30-33) that are connected to each other (Fig. 13, electric field generating elements 113 must be connected to the passive matrix addressing elements to function as intended); a plurality of separation pieces, wherein the plurality of separation pieces are arranged in an array between the upper hydrophobic insulating layer and the lower hydrophobic insulating layer, and are arranged in one-to-one correspondence with a plurality of pixels in the electrowetting display panel (Fig. 13, sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120 in a one-to-one correspondence with hour glass shaped capsules 122, col. 8, line 59 to col. 9, line 5); wherein each of the plurality of separation pieces is of an axisymmetric structure (Fig. 13 shows smart electric display sheet 110 with sheets 118, 114, 112, 116, and 120 that are axisymmetric), wherein the separation piece comprises a first separator and a second separator connected to each other (Fig. 13, sheets 114 and 116 are equivalent to first and second separators and are connected to each other by contact with sheet 112), wherein the first separator and the upper hydrophobic insulating layer jointly define a first cavity, and wherein the second separator and the lower hydrophobic insulating layer jointly define a second cavity, wherein the first separator and the second separator are mirror-image structures with respect to each other (Fig. 13 shows hour glass shaped capsule 122 has two chambers stacked and arranged between sheet 118 and sheet 120 that are mirror-image structures); wherein in a direction pointing from the upper substrate to the lower substrate, a cross section of the first cavity gradually decreases, and a cross section of the second cavity gradually increases (Figs. 1 and 13 shows capsules 122 are hour-glass shaped with a decreasing cross sectional area in a direction from sheet 118 to sheet 112, and an increasing cross sectional area in a direction from sheet 112 to 120); wherein an inner wall of each of the plurality of separation pieces corresponding to the first cavity is operative to reflect light (Fig. 13, sheets 112, 114, 116, 118 and 120 have the same properties and serve the same purpose as the sheets 12, 14, 16, 18 and 20 of electric display sheet 10 of Fig. 1, respectively, col. 8, lines 59-62, where sheet 12 shown in Fig. 1 is the medial sheet and is a thin, flexible, white, opaque and highly reflective material such as TiO2-filled polymer membrane, col. 2, lines 36-40); and a first fluid and a second fluid that are immiscible with each other (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, and Biegelsen teaches portion 44 may be filled with an immiscible liquid, col. 5, lines 20-24), wherein the first fluid is a charged opaque liquid and is disposed in the first cavity (Figs. 1, 9, and 13, when applying an electric field, the ink 42 in hourglass shaped capsule 22 is moved from one chamber of capsule 22 into the other chamber, col. 6, lines 12-16); wherein the second fluid is an uncharged transparent liquid and disposed in the second cavity (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, and Biegelsen teaches portion 44 may be filled with an immiscible liquid, col. 5, lines 20-24); wherein the first fluid has a density that is different than a density of the second fluid (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, where air has a density of 1.2 kg/m3 at 101.325 kPa and 15 °C, or a specific gravity of 1.0, and ink has a specific gravity different from air, therefore Biegelsen teaches two fluids with different densities); wherein one of the first fluid and the second fluid is charged, wherein under an action of the upper electrode layer and the lower electrode layer, the first fluid and the second fluid are operative to flow between the first cavity and the second cavity (Figs. 1, 9, and 13, when applying an electric field, the ink 42 in hourglass shaped capsule 22 is moved from one chamber of capsule 22 into the other chamber, col. 6, lines 12-16). Biegelsen does not disclose a first base, an upper electrode layer, and an upper hydrophobic insulating layer that are stacked in sequence (Fig. 13 shows electric field generating elements 111 on a side of sheet 118 away from sheet 120 rather than on the side toward sheet 120) nor a second base, a lower electrode layer, and a lower hydrophobic insulating layer that are stacked in sequence (Fig. 13 shows electric field generating elements 113 on a side of sheet 120 away from sheet 118 rather than on the side toward sheet 118), nor wherein the first fluid has a density that is less than a density of the second fluid (Biegelsen discloses ink and air as two fluids suitable for smart electric display sheet 110, and, as best understood by the Examiner, ink has a higher specific gravity or density than air, thus, as the first fluid, ink is the opaque liquid, and air, as the second fluid, is transparent, but the densities do not match the recited limitation because opaque ink is denser than transparent air). In a related field of invention, Tanaka discloses optical element 40, shown in at least Fig. 1, that employs electrowetting (col. 5, lines 7-9) with container 42 including electrode 48 (col. 5, line 33), and first film 54 (col. 6, line 4), where the surface of container 42 is equivalent to a substrate with a first base, followed by an upper electrode layer in the form of electrode 48, then an insulting layer 54. Container 42 holds first liquid 44 and second liquid 46 (col. 5, lines 10-14), where liquids 44 and 46 are immiscible (col. 6, lines 32-35). Tanaka further discloses first liquid 44 is polar or conductive with a lower transmittance than second liquid 46 (col. 6, lines 35-38), and that first liquid 44 is made of a mixture of water, ethanol, and ethylene glycol (col. 6, lines 32-35, see Fig. 9), and first liquid 44 can be mixed with carbon black to block light (col. 12, lines 37-43), while second liquid 46 is disclosed as silicon oil (col. 6, lines 38-39, see also Fig. 9). As shown in Fig. 9, specific gravities of various commercially available silicon oils are also indicated (col. 12, line 28-31) and thus Tanaka teaches that the first liquid 44 can have a lower specific gravity than second liquid 46. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Tanaka to the disclosure of Biegelsen and use a water-ethanol-ethylene glycol mixture with carbon black as a first liquid, and a silicon oil as a second liquid, because Tanaka teaches such an arrangement reduces the thickness of the optical element (Tanaka, col. 12, lines 40-43), and to have arranged electric field generating elements 111 on a side of sheet 118 toward sheet 120 and electric field generating elements 113 on a side of sheet 120 toward sheet 118, because Tanaka teaches such an arrangement contributes to reduced size of the device (Tanaka, col. 8, lines 35-38) and increasing operation speed (Tanaka, col. 8, lines 45-46, 51-53). Regarding independent claim 20, Biegelsen discloses a display device (Fig. 13, smart electric display sheet 110, col. 8, lines 56-59), comprising an electrowetting display panel and a driving circuit used to drive the electrowetting display panel (smart electric display sheet 110 is capable of activating or deactivating the hourglass shaped capsules 122 by a passive matrix addressing using a plurality of voltage sources contacting the display sheet at the sides of the sheet, col. 9, lines 30-33), wherein the electrowetting display panel comprises: an upper substrate, comprising an upper electrode layer (Fig. 13, sheet 118 with electric field generating elements 111, col. 8, lines 56-59); a lower substrate, arranged opposite to the upper substrate (Fig. 13 shows sheet 120 arranged opposite to sheet 118, col. 8, lines 56-59); a plurality of separation pieces, which are arranged in an array between the upper substrate and the lower substrate, and are arranged in one-to-one correspondence with a plurality of pixels in the electrowetting display panel (Fig. 13, sheets 112, 114, and 116 are arranged in an array between sheets 118 and 120 in a one-to-one correspondence with hour glass shaped capsules 122, col. 8, line 59 to col. 9, line 5); wherein one end of each of the plurality of separation pieces abuts against the upper substrate, and another end of the separation piece abuts against the lower substrate, wherein the upper substrate, the lower substrate, and the separation piece collectively enclose a cavity (Fig. 13, sheet 114 abuts sheet 118, and sheet 116 abuts sheet 120, and sheets 118, 120, 114, 112, and 116 collectively enclose capsule 122); wherein the cavity is divided into a first cavity and a second cavity that are communicated to each other (Fig. 13, hour glass shaped capsule 122 has two chambers that are connected to allow ink to move from one chamber to another, col. 9, lines 3-5), wherein the first cavity and the second cavity are stacked and arranged between the upper substrate and the lower substrate (Fig. 13, hour glass shaped capsule 122 has two chambers stacked and arranged between sheet 118 and sheet 120), wherein the first cavity is located between the upper substrate and the second cavity (Fig. 13, hour glass shaped capsule 122 has a first chamber between sheet 118 and sheet 112), and a cross-sectional area of an end of the first cavity adjacent to the second cavity is less than a cross-sectional area of another end of the first cavity adjacent to the upper substrate (Fig. 13, hour glass shaped capsule 122 has a cross-sectional area at the point of contact between the two chambers that is less than the cross-sectional area of the chamber in contact with sheet 118), wherein a cross-sectional area of an end of the second cavity adjacent to the first cavity is less than a cross-sectional area of another end of the second cavity adjacent to the lower substrate (Fig. 13, hour glass shaped capsule 122 has a cross-sectional area at the point of contact between the two chambers that is less than the cross-sectional area of the chamber in contact with sheet 120); wherein an inner wall of each of the plurality of separation pieces corresponding to the first cavity is operative to reflect light (Fig. 13, sheets 112, 114, 116, 118 and 120 have the same properties and serve the same purpose as the sheets 12, 14, 16, 18 and 20 of electric display sheet 10 of Fig. 1, respectively, col. 8, lines 59-62, where sheet 12 shown in Fig. 1 is the medial sheet and is a thin, flexible, white, opaque and highly reflective material such as TiO2-filled polymer membrane, col. 2, lines 36-40); and a first fluid and a second fluid that are immiscible with each other, wherein the first fluid is an opaque liquid and is disposed in the first cavity (Figs. 1 and 13, ink 42 fills a portion of hour glass shaped capsule 22 and the remaining portion 44 of capsule 122 is filled with air, col. 5, lines 17-20, and Biegelsen teaches portion 44 may be filled with an immiscible liquid, col. 5, lines 20-24); wherein the second fluid is a transparent liquid and is disposed in the second cavity, and the first fluid has a density that is different than density of the second fluid (Figs. 1 and 13, portion 44 of hour glass shaped capsule 122 can be filled with air, which is a transparent fluid, and Biegelsen teaches portion 44 may be filled with an immiscible liquid as noted above, therefore Biegelsen teaches the option of filling portion 44 with an immiscible transparent liquid); wherein one of the first fluid and the second fluid is charged, wherein under an action of the upper electrode layer and the lower electrode layer, the first fluid and the second fluid are operative to flow between the first cavity and the second cavity (Figs. 1, 9, and 13, when applying an electric field, the ink 42 in hourglass shaped capsule 22 is moved from one chamber of capsule 22 into the other chamber, col. 6, lines 12-16). In a related field of invention, Tanaka discloses optical element 40 that employs electrowetting (col. 5, lines 7-9), shown in at least Fig. 1, with container 42 holding first liquid 44 and second liquid 46 (col. 5, lines 10-14) where liquids 44 and 46 are immiscible (col. 6, lines 32-35). Tanaka further discloses first liquid 44 is polar or conductive with a lower transmittance than second liquid 46 (col. 6, lines 35-38), and that first liquid 44 is made of a mixture of water, ethanol, and ethylene glycol (col. 6, lines 32-35, see Fig. 9), and first liquid 44 can be mixed with carbon black to block light (col. 12, lines 37-43), while second liquid 46 is disclosed as silicon oil (col. 6, lines 38-39, see also Fig. 9). As shown in Fig. 9, specific gravities of various commercially available silicon oils are also indicated (col. 12, line 28-31) and thus Tanaka teaches that the first liquid 44 can have a lower specific gravity than second liquid 46. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Tanaka to the disclosure of Biegelsen and use a water-ethanol-ethylene glycol mixture with carbon black as a first liquid, and a silicon oil as a second liquid, because Tanaka teaches such an arrangement reduces the thickness of the optical element (Tanaka, col. 12, lines 40-43). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen in view of Tanaka as applied to claim 4 above, and further in view of Karam et al. US PGPub 2022/0317343 A1 (hereinafter, “Karam”). Regarding dependent claim 5, modified Biegelsen discloses the electrowetting display panel as recited in claim 4, but the prior art combination does not disclose wherein the first cavity and the second cavity are each in the shape of a truncated cone (Biegelsen in Fig. 13 depicts capsules 122 as curved hour-glass shapes, and Tanaka in Fig 1 shows container 42 with straight line edges). The prior art and the instant claim differ by the shape of the cavities. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a shape for capsules 122 of smart electric display sheet 110 disclosed by Biegelsen, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because the shape of the fluid-holding capsules will not alter the fundamental electrowetting functionality of the display sheet, and while the change in shape may lead to differences in fluid volumes within the cavities, the volume and/or mass of fluids is not claimed. Nevertheless, in a related field of invention, Karam discloses a variable focus lens system (abstract, see Fig. 1 showing liquid lens 10, par. [0041]) with cavity 12 holding fluids 14 and 16 depicted as a truncated cone with angled side walls (par. [0042]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Karam to the disclosure of Biegelsen and selected a truncated cone for the shape of the chambers of capsules 122, because Karam demonstrates the shape is feasible and functional for an electrowetting-based optical element, and Karam teaches the principles and advantages of the disclosed device can be implemented in various apparatuses, including a multi-functional peripheral device (Karam, par. [0158]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen in view of Tanaka as applied to claim 4 above, and further in view of Lattes et al. US 2017/0097555 A1 (hereinafter, “Lattes”). Regarding dependent claim 6, modified Biegelsen discloses the electrowetting display panel as recited in claim 4, but the prior art combination does not disclose wherein the first cavity and the second cavity are each in the shape of a prism (Biegelsen in Fig. 13 depicts capsules 122 as curved hour-glass shapes, and Tanaka in Fig 1 shows container 42 with straight line edges). The prior art and the instant claim differ by the shape of the cavities. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a shape for capsules 122 of smart electric display sheet 110 disclosed by Biegelsen, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because the shape of the fluid-holding capsules will not alter the fundamental electrowetting functionality of the display sheet, and while the change in shape may lead to differences in fluid volumes within the cavities, the volume and/or mass of fluids is not claimed. Nevertheless, in a related field of invention, Lattes discloses variable transmission structures with electro-optic media sandwiched between transparent electrodes where the electrophoretic material may be encapsulated in capsules or micro-cells (par. [0022]). Fig. 10A shows microcells 900 as pyramidal, but Lattes teaches microcells 900 can take other shapes, such as polyhedrons (par. [0066]) of which prisms are an example. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Lattes to the disclosure of Biegelsen and selected a polyhedron such as a prism for the shape of the chambers of capsules 122, because Lattes demonstrates the shape is feasible and functional for a variable transmission optical element, and Lattes teaches such an arrangement provides a display that is flexible and inexpensive (Lattes, par. [0016]). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen in view of Tanaka as applied to claim 7 above, and further in view of Whitehead US Patent 9,746,740 B2 (hereinafter, “Whitehead”). Regarding dependent claim 9, modified Biegelsen discloses the electrowetting display panel as recited in claim 7, but the prior art combination does not disclose wherein the first cavity and the second cavity are each hemispheric (Biegelsen in Fig. 13 depicts capsules 122 as curved hour-glass shapes, and Tanaka in Fig 1 shows container 42 with straight line edges). The prior art and the instant claim differ by the shape of the cavities. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a shape for capsules 122 of smart electric display sheet 110 disclosed by Biegelsen, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because the shape of the fluid-holding capsules will not alter the fundamental electrowetting functionality of the display sheet, and while the change in shape may lead to differences in fluid volumes within the cavities, the volume and/or mass of fluids is not claimed. Nevertheless, in a related field of invention, Whitehead discloses display 100, depicted in at least Fig. 3, with hemi-spheres 104 forming a contoured surface 106 (col. 4, lines 54-57). Whitehead further teaches display 300, see Fig. 6C, with a low refractive index or other common refractive index liquid medium with suspended light absorbing electrophoretically mobile particles as shown in display 200 in Fig. 4 (col. 10, lines 10-16). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Whitehead to the disclosure of Biegelsen and selected a hemi-spherical shape for the chambers of capsules 122, because Whitehead demonstrates the shape is feasible and functional for an electrowetting-based optical element, and Whitehead teaches such an arrangement is feasible and maximizes the reflectance and brightness of the display and improve the overall performance (Whitehead, col. 10, lines 34-36). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen in view of Tanaka as applied to claim 4 above, and further in view of Jung et al. US PGPub 2014/0061681 A1 (hereinafter, “Jung”). Regarding dependent claim 10, modified Biegelsen discloses the electrowetting display panel as recited in claim 3, but the prior art combination does not disclose wherein an inner side surface of each of the first cavity and the second cavity is a stepped surface (Biegelsen in Fig. 13 depicts capsules 122 as curved hour-glass shapes, and Tanaka in Fig 1 shows container 42 with straight line edges). The prior art and the instant claim differ by the shape of the cavities. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a shape for capsules 122 of smart electric display sheet 110 disclosed by Biegelsen, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because the shape of the fluid-holding capsules will not alter the fundamental electrowetting functionality of the display sheet, and while the change in shape may lead to differences in fluid volumes within the cavities, the volume and/or mass of fluids is not claimed. Nevertheless, in a related field of invention, Jung discloses electro-wetting display panel 10, shown in at least Fig. 2, with fluidic layer 200 (par. [0056]), first fluid 210, second fluid 220 (par. [0090]), sidewall 150 (par. [0057] with first and second sidewall portions 151 and 152 that are stepped (par. [0067]), and opposite substrate 300 (par. [0056]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Jung to the disclosure of Biegelsen and made the inner surfaces of capsules 122 stepped, because Jung teaches such an arrangement better controls the movement of fluid in the electrowetting display (Jung, par. [0034]). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Biegelsen in view of Tanaka as applied to claim 14 above, and further in view of Yang US PGPub 2014/0049808 A1 (hereinafter, “Yang”). Regarding dependent claim 15, modified Biegelsen discloses the electrowetting display panel as recited in claim 14, but the prior art combination does not disclose wherein the upper substrate further comprises a color filter disposed between the first base and the upper electrode layer (Biegelsen discloses an alternative electric display sheet 70, shown in Fig. 11, where hourglass shaped capsules are filled with colored pigments, col. 7, lines 6-9, where colored pigments would function as filters in that they would absorb and transmit different wavelengths of light, and Tanaka only discloses black ink and is silent as to the inclusion or option of a filter). In a related field of invention, Yang discloses a projector with light modulating component that may be an electrowetting display (par. [0029]), see at least Fig. 1 showing electrophoretic fluid layer 11 between electrode layers 13 and 14, where layer 11 includes charged pigment particles dispersed in a solvent (par. [0031]). Fig. 2 shows another embodiment with electrophoretic fluid layer 21 between electrode layers 23 and 24 (par. [0038]). Yang also teaches micro-containers of electrophoretic fluid with color filters (par. [0047]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Yang to the disclosure of Biegelsen and included color filters in smart electric display sheet 110, because Yang teaches such an element included in an electrowetting display allows for pixels to generate colors (Yang, par. [0047]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM Eastern Time. 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, Ricky L Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUSTIN W. HUSTOFT/Examiner, Art Unit 2872 /RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Sep 30, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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