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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-6 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12,174,407 in view of Cok (United States Patent Application Publication 2015/0276988 A1), Kim (United States Patent Application Publication 20120033304 A1), and Gary (WO 2009052052 A1).
With respect to claims 1, 3-6 and 8, claim 1 of U.S. Patent No. 12,174,407 discloses the limitations of claim 1, except for a reflective polarizer; and the alternating transmissive and absorptive regions disposed on the reflective polarizer, wherein the absorptive regions have heights ranging from 50 to 200 microns, wherein the absorptive regions have aspect ratios of at least 50, wherein the absorptive regions have aspect ratios of at least 100, wherein the absorptive regions have average widths of no greater than 3 microns and wherein the absorptive regions comprise a pigment and/or a dye.
Cok discloses the absorptive regions having aspect ratios of at least 30 and average widths of no greater than 5 microns (see 30 or 50 in fig.1; [0058]: The imprinted micro-channel 30 is a groove, trench, structure, or channel formed in the curable first layer 20 and extending from the surface of the first layer 20 toward the substrate 10 and having a cross-sectional width W, for example less than or equal to 20 microns, 10 microns, 5 microns, 4 microns, 3 microns, 2 microns, 1 micron, or 0.5 microns. In an embodiment, the cross-sectional depth D of the imprinted micro-channel 30 is greater than or equal to twice the width W, five times the width W, ten times the width W, 15 times the width W, twenty times the width W, thirty times the width W, or fifty times the width W.), wherein the absorptive regions have heights ranging from 50 to 200 microns (thirty times the width W [wherein the width is 5 microns or less]), wherein the absorptive regions have aspect ratios of at least 50 (fifty times the width W)), wherein the absorptive regions have aspect ratios of at least 100 (the ratio of the deposited material 50 is greater than 2, greater than 5, greater than 10, greater than 20, greater than 50, greater than 100), wherein the absorptive regions have average widths of no greater than 3 microns (para.[0058]:” 2 microns” as shown above) .
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify the claim 1 of U.S. Patent No.12,174,407 in view of Cok so that the absorptive regions having aspect ratios of at least 30 and average widths of no greater than 5 microns, wherein the absorptive regions have heights ranging from 50 to 200 microns, wherein the absorptive regions have aspect ratios of at least 50, wherein the absorptive regions have aspect ratios of at least 100, wherein the absorptive regions have average widths of no greater than 3 microns to facilitate construction, and to provide improved transparency and reduced weight, thickness, and cost.
Claim 1 of U.S. Patent No.12,174,407 in view of Cok does not disclose a reflective polarizer; and alternating transmissive and absorptive regions disposed on the reflective polarizer and wherein the absorptive regions comprise a pigment and/or a dye.
Kim discloses a light control film (see fig.2d) comprising: a polarizer (see 40, 45 and 20; also see alternate configuration wherein 10 and 40 comprise the polarizer [0064]: The security screen according to the present invention may further comprise a polarizing film 40 which is laminated directly on the image output surface of the first film layer 10, the second film layer 20 or the third film layer 30 or disposed at a distance from the image output surface by an attachment means 45 (see FIGS. 2d and 2e). ); and alternating transmissive and absorptive regions (see 15 in fig.2) disposed on polarizer (see 40 in fig.2).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Claim 1 of U.S. Patent No. 12,174,407 in view of Cok with the teaching of Kim so that light control film comprises a polarizer; and alternating transmissive and absorptive regions disposed on the polarizer to facilitate light control and improve image quality.
Claim 1 of U.S. Patent No.12,174,407 in view of Cok and Gary does not disclose wherein the polarizer is a reflective polarizer.
Gary disclose using a reflective polarizer (670) as a polarizer and further disclose wherein the absorptive regions comprise a pigment and/or a dye (see second paragraph under summary: Each absorptive region includes optically absorptive material selected from a pigment, a dye, or a combination).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify claim 1 of U.S. Patent No.12,174,407 in view of Cok and Kim with the teaching of Gary, so that the polarizer is a reflective polarizer to reduce heat and improve the durability of the polarizer and so that and so that the absorptive regions comprise a pigment and/or a dye and are thereby cost effective, opaque and resilient.
With respect to claim 2, claim 1 of U.S. Patent No.12,174,407 in view of Cok and Kim with the teaching of Gary discloses the light control film of claim 1, claim 1 of U.S. Patent No.12,174,407 in combination with Cok and Kim discloses wherein interfaces between the transmissive and absorptive regions (see 15 in fig.2 of Kim) form angles of less than 10 degrees with a normal to the reflective polarizer (see 40, 45 and 20; also see alternate configuration wherein 10 and 40 comprise the polarizer [0064]: The security screen according to the present invention may further comprise a polarizing film 40 which is laminated directly on the image output surface of the first film layer 10, the second film layer 20 or the third film layer 30 or disposed at a distance from the image output surface by an attachment means 45 (see FIGS. 2d and 2e) in combination with Cok discloses an angle of 0 degrees).
Claim 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,174,407 in view of Cok (United States Patent Application Publication 2015/0276988 A1), Kim (United States Patent Application Publication 20120033304 A1), Gary (WO 2009052052 A1) and Jones (United States Patent Publication 2012/0154885 A1).
.
With respect to claim 7, claim 1 of U.S. Patent No. 12,174,407 in view of Cok, Kim and Gary discloses the light control film of claim 1, but does not disclose wherein the absorptive regions have an average pitch of 10 to 200 microns.
Jones discloses wherein the absorptive regions have an average pitch of 10 to 200 microns (see para.[0006]: “Each of the transmissive regions has a width, W', at it narrowest region, and the successive transmissive regions have an average pitch, P of 0.040 mm [40 microns] or less.”).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify claim 1 of U.S. Patent No. 12,174,407 in view Cok, Kim and Gary with the teaching of Jones so that the absorptive regions have an average pitch of 10 to 200 microns to provide improved light transmission.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (United States Patent Application Publication 20120033304 A1) in view of Cok (United States Patent Application Publication 2015/0276988 A1) and Gary (WO 2009052052 A1).
With respect to claims 1, 3-6 and 8, Kim discloses a light control film (see fig.2d) comprising: a polarizer (see 40, 45 and 20; also see alternate configuration wherein 10 and 40 comprise the polarizer [0064]: The security screen according to the present invention may further comprise a polarizing film 40 which is laminated directly on the image output surface of the first film layer 10, the second film layer 20 or the third film layer 30 or disposed at a distance from the image output surface by an attachment means 45 (see FIGS. 2d and 2e). ); and alternating transmissive and absorptive regions (see 15 in fig.2) disposed on polarizer (see 40 in fig.2), but Kim does not disclose wherein the polarizer is reflective, wherein the absorptive regions having aspect ratios of at least 30 and average widths of no greater than 5 microns, wherein the absorptive regions have heights ranging from 50 to 200 microns, wherein the absorptive regions have aspect ratios of at least 50, wherein the absorptive regions have aspect ratios of at least 100, wherein the absorptive regions have average widths of no greater than 3 microns and further disclose wherein the absorptive regions comprise a pigment and/or a dye.
Cok discloses the absorptive regions having aspect ratios of at least 30 and average widths of no greater than 5 microns (see 30 or 50 in fig.1; [0058]: The imprinted micro-channel 30 is a groove, trench, structure, or channel formed in the curable first layer 20 and extending from the surface of the first layer 20 toward the substrate 10 and having a cross-sectional width W, for example less than or equal to 20 microns, 10 microns, 5 microns, 4 microns, 3 microns, 2 microns, 1 micron, or 0.5 microns. In an embodiment, the cross-sectional depth D of the imprinted micro-channel 30 is greater than or equal to twice the width W, five times the width W, ten times the width W, 15 times the width W, twenty times the width W, thirty times the width W, or fifty times the width W.), wherein the absorptive regions have heights ranging from 50 to 200 microns (thirty times the width W [wherein the width is 5 microns or less]), wherein the absorptive regions have aspect ratios of at least 50 (fifty times the width W)), wherein the absorptive regions have aspect ratios of at least 100 (the ratio of the deposited material 50 is greater than 2, greater than 5, greater than 10, greater than 20, greater than 50, greater than 100), wherein the absorptive regions have average widths of no greater than 3 microns (para.[0058]:” 2 microns” as shown above) .
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify the Kim with the teaching of Cok so that the absorptive regions having aspect ratios of at least 30 and average widths of no greater than 5 microns, wherein the absorptive regions have heights ranging from 50 to 200 microns, wherein the absorptive regions have aspect ratios of at least 50, wherein the absorptive regions have aspect ratios of at least 100, wherein the absorptive regions have average widths of no greater than 3 microns to facilitate construction, and to provide improved transparency and reduced weight, thickness, and cost.
Kim in view of Cok does not disclose wherein the polarizer is a reflective polarizer and further disclose wherein the absorptive regions comprise a pigment and/or a dye.
Gary disclose using a reflective polarizer (670) as a polarizer and further disclose wherein the absorptive regions comprise a pigment and/or a dye (see second paragraph under summary: Each absorptive region includes optically absorptive material selected from a pigment, a dye, or a combination).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Kim in view of Cok with the teaching of Gary so that the polarizer is a reflective polarizer to reduce heat and improve the durability of the polarizer and so that the absorptive regions comprise a pigment and/or a dye and are thereby cost effective, opaque and resilient.
With respect to claim 2, Kim in view of Cok and Gary discloses the light control film of claim 1, Kim in combination with Cok discloses wherein interfaces between the transmissive and absorptive regions (see 15 in fig.2 ) form angles of less than 10 degrees with a normal to the reflective polarizer (see 40, 45 and 20; also see alternate configuration wherein 10 and 40 comprise the polarizer [0064]: The security screen according to the present invention may further comprise a polarizing film 40 which is laminated directly on the image output surface of the first film layer 10, the second film layer 20 or the third film layer 30 or disposed at a distance from the image output surface by an attachment means 45 (see FIGS. 2d and 2e) in combination with Cok discloses an angle of 0 degrees).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (United States Patent Application Publication 20120033304 A1) in view of Cok (United States Patent Application Publication 2015/0276988 A1), Gary (WO 2009052052 A1) and Jones (United States Patent Publication 2012/0154885 A1).
With respect to claim 7, Kim in view of Cok and Gary discloses the light control film of claim 1, but does not disclose wherein the absorptive regions have an average pitch of 10 to 200 microns.
Jones discloses wherein the absorptive regions have an average pitch of 10 to 200 microns (see para.[0006]: “Each of the transmissive regions has a width, W', at its narrowest region, and the successive transmissive regions have an average pitch, P of 0.040 mm [40 microns] or less.”).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Kim in view Cok and Gary with the teaching of Jones so that the absorptive regions have an average pitch of 10 to 200 microns to provide improved light transmission.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY L. BROOKS whose telephone number is (571)270-5711. The examiner can normally be reached M-F 9:00-4:00 PM.
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/JERRY L BROOKS/Primary Examiner, Art Unit 2882
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