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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17764456, filed on 06/30/2022.
Drawings
The drawings with 4 Sheets of Figs. 1-11 received on 12/23/2024 are acknowledged and accepted.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1, 7, and 8 are objected to because of the following informalities:
Claim 1 recites “the outermost surface”, in line 4. This lacks antecedent basis. It is suggested to be replaced with --an outermost surface--.
Claim 1 recites “the difference”, in line 7. This lacks antecedent basis. It is suggested to be replaced with --a difference--.
Claim 1 recites “the maximum value… of ΔEab”, in lines 7-8. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of ΔEab--.
Claim 1 recites “the minimum value of ΔEab”, in line 8. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of ΔEab--.
Claim 1 recites “the L*a*b* color system”, in line 11. This lacks antecedent basis. It is suggested to be replaced with --a L*a*b* color system--.
Claim 1 recites “the results”, in line 12. This lacks antecedent basis. It is suggested to be replaced with --results--.
Claim 1 recites “the angle”, in line 18. This lacks antecedent basis. It is suggested to be replaced with --an angle--.
Claim 1 recites “the absorption axis”, in line 18. This lacks antecedent basis. It is suggested to be replaced with --an absorption axis--.
Claim 1 recites “the horizontal or vertical direction”, in lines 18-19. This lacks antecedent basis. It is suggested to be replaced with --a horizontal or vertical direction--.
Claim 1 recites “the angle”, in line 19. This lacks antecedent basis. It is suggested to be replaced with --an angle--.
Claim 1 recites “the slow axis”, in line 20. This lacks antecedent basis. It is suggested to be replaced with --a slow axis--.
Claim 1 recites “the transmitted light”, in line 22. This lacks antecedent basis. It is suggested to be replaced with --a transmitted light--.
Claim 1 recites “the direction”, in lines 31-32. This lacks antecedent basis. It is suggested to be replaced with --a direction--.
Claim 1 recites “the maximum value… of the ΔL*”, in lines 42-43. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of the ΔL*--.
Claim 1 recites “the minimum value of the ΔL*”, in line 43. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of the ΔL*--.
Claim 1 recites “the center”, in line 50. This lacks antecedent basis. It is suggested to be replaced with --a center--.
Claim 7 recites “the angle”, in line 3. This lacks antecedent basis. It is suggested to be replaced with --an angle--.
Claim 7 recites “the direction”, in line 3. This lacks antecedent basis. It is suggested to be replaced with --a direction--.
Claim 7 recites “the absorption axis”, in line 3. This lacks antecedent basis. It is suggested to be replaced with --an absorption axis--.
Claim 7 recites “the horizontal or vertical direction”, in line 4. This lacks antecedent basis. It is suggested to be replaced with --a horizontal or vertical direction--.
Claim 7 recites “the slow axis”, in line 6. This lacks antecedent basis. It is suggested to be replaced with --a slow axis--.
Claim 7 recites “the outermost surface”, in line 10. This lacks antecedent basis. It is suggested to be replaced with --an outermost surface--.
Claim 7 recites “the difference”, in line 12. This lacks antecedent basis. It is suggested to be replaced with --a difference--.
Claim 7 recites “the maximum value… of ΔEab”, in line 12. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of ΔEab--.
Claim 7 recites “the minimum value of ΔEab”, in line 12. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of ΔEab--.
Claim 7 recites “the L*a*b* color system”, in line 15. This lacks antecedent basis. It is suggested to be replaced with --a L*a*b* color system--.
Claim 7 recites “the results”, in line 16. This lacks antecedent basis. It is suggested to be replaced with --results--.
Claim 7 recites “the surface”, in lines 20-21. This lacks antecedent basis. It is suggested to be replaced with --a surface--.
Claim 7 recites “the side opposite”, in line 21. This lacks antecedent basis. It is suggested to be replaced with --a side opposite--.
Claim 7 recites “the transmitted light”, in line 26. This lacks antecedent basis. It is suggested to be replaced with --a transmitted light--.
Claim 7 recites “the maximum value… of the ΔL*”, in lines 44-45. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of the ΔL*--.
Claim 7 recites “the minimum value of the ΔL*”, in line 45. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of the ΔL*--.
Claim 7 recites “the center”, in line 52. This lacks antecedent basis. It is suggested to be replaced with --a center--.
Claim 7 recites “the region”, in line 52. This lacks antecedent basis. It is suggested to be replaced with --a region--.
Claim 8 recites “the light emitting”, in line 2. This lacks antecedent basis. It is suggested to be replaced with --a light emitting--.
Claim 8 recites “the direction”, in line 3. This lacks antecedent basis. It is suggested to be replaced with --a direction--.
Claim 8 recites “the absorption axis”, in line 3. This lacks antecedent basis. It is suggested to be replaced with --an absorption axis--.
Claim 8 recites “the horizontal or vertical direction”, in line 4. This lacks antecedent basis. It is suggested to be replaced with --a horizontal or vertical direction--.
Claim 8 recites “the outermost surface of the optical film X”, in line 8. This lacks antecedent basis. It is suggested to be replaced with --an outermost surface of the optical film X--.
Claim 8 recites “the angle”, in line 11. This lacks antecedent basis. It is suggested to be replaced with --an angle--.
Claim 8 recites “the angle”, in line 14. This lacks antecedent basis. It is suggested to be replaced with --an angle--.
Claim 8 recites “the slow axis”, in line 14. This lacks antecedent basis. It is suggested to be replaced with --a slow axis--.
Claim 8 recites “the outermost surface of the optical film”, in line 18. This lacks antecedent basis. It is suggested to be replaced with --an outermost surface of the optical film--.
Claim 8 recites “the difference”, in line 20. This lacks antecedent basis. It is suggested to be replaced with --a difference--.
Claim 8 recites “the maximum value… of ΔEab”, in line 20. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of ΔEab--.
Claim 8 recites “the minimum value of ΔEab”, in line 20. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of ΔEab--.
Claim 8 recites “the L*a*b* color system”, in line 26. This lacks antecedent basis. It is suggested to be replaced with --a L*a*b* color system--.
Claim 8 recites “the results”, in line 27. This lacks antecedent basis. It is suggested to be replaced with --results--.
Claim 8 recites “the surface”, in lines 31-32. This lacks antecedent basis. It is suggested to be replaced with --a surface--.
Claim 8 recites “the side opposite”, in line 32. This lacks antecedent basis. It is suggested to be replaced with --a side opposite--.
Claim 8 recites “the transmitted light”, in line 37. This lacks antecedent basis. It is suggested to be replaced with --a transmitted light--.
Claim 8 recites “the maximum value… of the ΔL*”, in lines 55-56. This lacks antecedent basis. It is suggested to be replaced with --a maximum value… of the ΔL*--.
Claim 8 recites “the minimum value of the ΔL*”, in line 56. This lacks antecedent basis. It is suggested to be replaced with --a minimum value of the ΔL*--.
Claim 8 recites “the center”, in line 63. This lacks antecedent basis. It is suggested to be replaced with --a center--.
Claim 8 recites “the region”, in line 63. This lacks antecedent basis. It is suggested to be replaced with --a region--.
Appropriate correction is required.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. US 12,216,302 B2.
Instant Application 19/000,166
US 12,216,302 B2
1. An optical film comprising a low-refractive index layer on a plastic film, wherein
the plastic film is a biaxially stretched plastic film with an in-plane phase difference of 2500 nm or less,
the low-refractive index layer is located on the outermost surface of the optical film,
a reflectance, as measured from the low-refractive index layer side, of 2.00% or less, and
the optical film comprises a region in which the difference between the maximum value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1 is subjected to measurement 1 to calculate L * value, a* value, and b* value in the L *a *b* color system; a laminate 2 is subjected to measurement 2 to calculate L * value, a* value, and b* value in the L *a*b* color system; and based on the results of the measurement 1 and the measurement 2, the ΔEab is calculated under condition 1:
<Measurement 1 >
the laminate 1 is produced by laminating a polarizer and the optical film on a surface light source in this order; in the laminate 1, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the surf ace light source falls within ± 5 degrees, and the angle formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees,
the surface light source of the laminate 1 is displayed in white, the transmitted light emitted from the low-refractive index layer side of the laminate 1 is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L * value, a* value, and b* value in the L *a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2>
the laminate 2 is produced by laminating a polarizer on a surface light source that is the same as the surface light source in the measurement 1;
the polarizer is disposed so that the direction of the absorption axis of the polarizer with respect to the surface light source is the same direction as in the measurement 1,
the surface light source of the laminate 2 is displayed in white, the transmitted light emitted from the polarizer side of the laminate 2 is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0
degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the
L *a*b* color system based on the transmitted light at each angle; and the transmitted light
measurement area substantially coincides with that in the measurement 1 in the plane; and
<Condition 1>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L* value in the measurement 2 from the L* value in the measurement 1; values from the maximum value to the minimum value of the ΔL* are converted to grayscale to a predetermined gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL * is concentrically distributed
in the two-dimensional coordinates, and that the two regions are in substantially symmetric
positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is
concentrically distributed, one elevation angle is referred to as α degree(s) and the other
elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1 with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the b* value in the measurement 2 with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2, respectively.
1. An optical film comprising a low-refractive index layer on a plastic film, wherein
the plastic film is a biaxially stretched plastic film with an in-plane phase difference of 2500 nm or less,
the low-refractive index layer is located on the outermost surface of the optical film, and
the optical film comprises a region in which the difference between the maximum value
and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1 is subjected to measurement 1 to calculate L* value, a* value, and b* value in the L*a*b* color system; a laminate 2 is subjected to measurement 2 to calculate L* value, a* value, and b* value in the L*a*b* color system; and based on the results of the measurement 1 and the measurement 2, the ΔEab is calculated under condition 1:
<Measurement 1 >
the laminate 1 is produced by laminating a polarizer and the optical film on a surface light source in this order; in the laminate 1, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the surface light source falls within ± 5 degrees, and the angle formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the
optical film falls within 90 degrees± 5 degrees,
the surface light source of the laminate 1 is displayed in white, the transmitted light emitted from the low-refractive index layer side of the laminate 1 is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2>
the laminate 2 is produced by laminating a polarizer on a surface light source that is the
same as the surface light source in the measurement 1;
the polarizer is disposed so that the direction of the absorption axis of the polarizer with respect to the surface light source is the same direction as in the measurement 1,
the surface light source of the laminate 2 is displayed in white, the transmitted light emitted from the polarizer side of the laminate 2 is measured at 1 degree intervals in ranges of an
elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L *a*b* color
system based on the transmitted light at each angle; and the transmitted light measurement area substantially coincides with that in the measurement 1 in the plane; and
<Condition 1>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L*
value in the measurement 2 from the L* value in the measurement 1; values from the maximum
value to the minimum value of the ΔL* are converted to grayscale to a predetermined gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL* is concentrically distributed in
the two-dimensional coordinates, and that the two regions are in substantially symmetric
positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is concentrically distributed, one elevation angle is referred to as α degree(s) and the other elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1 with an azimuth angle of 0 degrees or more
and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the
b* value in the measurement 2 with an azimuth angle of 0 degrees or more and 359 degrees or
less at an elevation angle of (α+β)/2, respectively.
2. The optical film according to claim 1, wherein the plastic film is a biaxially stretched plastic film having the in-plane phase difference to a phase difference in the thickness direction of 0.10 or less.
2. The optical film according to claim 1, wherein the plastic film is a biaxially stretched plastic film having the in-plane phase difference to a phase difference in the thickness direction of 0.10 or less.
3. The optical film according to claim 1, comprising one or more layers selected from a hard coating layer, an anti-glare layer, and a high-refractive index layer between the plastic film and the low-refractive index layer.
3. The optical film according to claim 1, comprising one or more layers selected from a hard coating layer, an anti-glare layer, and a high-refractive index layer between the plastic film and the low-refractive index layer.
4. The optical film according to claim 1, wherein the plastic film has a thickness of 15 μm or more and 200 μm or less.
4. The optical film according to claim 1, wherein the plastic film has a thickness of 15 μm or more and 200 μm or less.
5. A polarizing plate comprising a polarizer, a first transparent protective plate disposed on one side of the polarizer, and a second transparent protective plate disposed on the other side of the polarizer, wherein at least one selecting from the group consisting of the first transparent protective plate and the second transparent protective plate is the optical film according to claim 1.
5. A polarizing plate comprising a polarizer, a first transparent protective plate disposed on one side of the polarizer, and a second transparent protective plate disposed on the other side of the polarizer, wherein at least one selecting from the group consisting of the first transparent protective plate and the second transparent protective plate is the optical film according to claim 1.
6. An image display device comprising a display element, and a polarizer and an optical
film disposed on a light emitting surface side of the display element, wherein the optical film
is the optical film according to claim 1, and disposition is such that the angle formed by the
absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the optical film falls within 90 degrees± 5 degrees, and that the surface on the low-refractive index layer side of the optical film faces the side opposite to the display element.
6. An image display device comprising a display element, and a polarizer and an optical
film disposed on a light emitting surface side of the display element, wherein the optical film
is the optical film according to claim 1, and disposition is such that the angle formed by the
absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the optical film falls within 90 degrees± 5 degrees, and that the surface on the low-refractive index layer side of the optical film faces the side opposite to the display element.
7. An image display device comprising a display element, and a polarizer and an optical film disposed on a light emitting surface side of the display element, wherein
disposition is such that the angle formed by the direction of the absorption axis of the
polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and
that the angle formed by the absorption axis of the polarizer and the slow axis of a biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees, and
the optical film comprises a low-refractive index layer on the biaxially stretched plastic
film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is
located on the outermost surface of the optical film, a reflectance, as measured from the low-refractive index layer side, of 2.00% or less, and the optical film comprises a region in which the difference between the maximum value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1A is subjected to measurement 1A to calculate L* value, a* value, and b* value in the L*a *b* color system; a laminate 2A is subjected to measurement 2A to calculate L* value, a* value, and b* value in the L*a*b* color system; and based on the results of the measurement 1A and the measurement 2A, the ΔEab is calculated under condition 1A:
<Measurement 1A>
the laminate 1A is produced by laminating the polarizer and the optical film on the display element in this order; in the laminate 1A, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and the angle
formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees,
the display element of the laminate 1A is displayed in white, the transmitted light emitted from the low-refractive index layer side of the laminate 1A is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2A>
the laminate 2A is produced by laminating the polarizer on the display element that is the same as the display element in the measurement 1A,
the display element of the laminate 2A is displayed in white, the transmitted light emitted from the polarizer side of the laminate 2A is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area substantially coincides with that in the measurement 1A in the plane; and
<Condition 1A>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L* value in the measurement 2A from the L* value in the measurement 1A; values from the maximum value to the minimum value of the ΔL* are converted to grayscale to a predetermined gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL* is concentrically distributed in the two-dimensional coordinates, and that the two regions are in substantially symmetric positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is concentrically distributed, one elevation angle is referred to as α degree(s) and the other elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1A with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the b* value in the measurement 2A with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2, respectively.
7. An image display device comprising a display element, and a polarizer and an optical film disposed on a light emitting surface side of the display element, wherein
disposition is such that the angle formed by the direction of the absorption axis of the
polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees,
and
that the angle formed by the absorption axis of the polarizer and the slow axis of a biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees, and
the optical film comprises a low-refractive index layer on the biaxially stretched plastic
film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is
located on the outermost surface of the optical film, and
the optical film comprises a region in which the difference between the maximum value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1A is subjected to measurement 1A to calculate L* value, a* value, and b* value in the L*a*b* color system; a laminate 2A is subjected to measurement 2A to calculate L*
value, a* value, and b* value in the L*a*b* color system; and based on the results of the
measurement 1A and the measurement 2A, the ΔEab is calculated under condition 1A:
<Measurement 1A>
the laminate 1A is produced by laminating the polarizer and the optical film on the display element in this order; in the laminate 1A, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is
disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and the angle formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched plastic film of the optical film falls within 90 degrees± 5 degrees,
the display element of the laminate IA is displayed in white, the transmitted light emitted
from the low-refractive index layer side of the laminate IA is measured at 1 degree intervals in
ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the
L*a*b* color system based on the transmitted light at each angle; and the transmitted light
measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2A>
the laminate 2A is produced by laminating the polarizer on the display element that is the same as the display element in the measurement 1A,
the display element of the laminate 2A is displayed in white, the transmitted light emitted
from the polarizer side of the laminate 2A is measured at 1 degree intervals in ranges of an
elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color
system based on the transmitted light at each angle; and the transmitted light measurement area substantially coincides with that in the measurement 1A in the plane; and
<Condition 1A>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L*
value in the measurement 2A from the L* value in the measurement 1A; values from the
maximum value to the minimum value of the ΔL* are converted to grayscale to a predetermined
gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL* is concentrically distributed in the two-dimensional coordinates, and that the two regions are in substantially symmetric positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is concentrically distributed, one elevation angle is referred to as α degree(s) and the other elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1A with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the b* value in the measurement 2A with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2, respectively.
8. A method for selecting an optical film of an image display device comprising a display element, and a polarizer and an optical film on the light emitting surface of the display element, wherein disposition is such that the direction of the absorption axis of the polarizer is parallel to the horizontal or vertical direction of the display element, the method comprising
selecting, as the optical film, an optical film X satisfying determination conditions that the optical film X comprises a low-refractive index layer on a biaxially stretched plastic film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is located on the outermost surface of the optical film X,
an image display device comprising a display element, and a polarizer and an optical film disposed on a light emitting surface side of the display element, wherein
disposition is such that the angle formed by the direction of the absorption axis of the polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and
that the angle formed by the absorption axis of the polarizer and the slow axis of a biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees, and
the optical film comprises a low-refractive index layer on the biaxially stretched plastic film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is located on the outermost surface of the optical film,
a reflectance, as measured from the low-refractive index layer side, of 2.00% or less,
and the optical film comprises a region in which the difference between the maximum value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
and the optical film X comprises a region in which the difference between the maximum
value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1B is subjected to measurement 1B to calculate L* value, a* value, and b* value in the L*a *b* color system; a laminate 2B is subjected to measurement 2B to calculate L* value, a* value, and b* value in the L*a*b* color system; and based on the results of the measurement 1B and the measurement 2B, the ΔEab is calculated under condition 1B:
<Measurement 1B>
the laminate 1B is produced by laminating the polarizer and the optical film X on the display element in this order; in the laminate 1B, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and the angle
formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched
plastic film of the optical film X falls within 90 degrees ± 5 degrees,
the display element of the laminate 1B is displayed in white, the transmitted light emitted from the low-refractive index layer side of the laminate 1B is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2B>
the laminate 2B is produced by laminating the polarizer on the display element that is the same as the display element in the measurement 1B,
the display element of the laminate 2B is displayed in white, the transmitted light emitted from the polarizer side of the laminate 2B is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0
degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the
L*a*b* color system based on the transmitted light at each angle; and the transmitted light
measurement area substantially coincides with that in the measurement 1B in the plane; and
<Condition 1B>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L* value in the measurement 2B from the L* value in the measurement 1B; values from the maximum value to the minimum value of the ΔL* are converted to grayscale to a predetermined gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL* is concentrically distributed in the two-dimensional coordinates, and that the two regions are in substantially symmetric positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is
concentrically distributed, one elevation angle is referred to as α degree(s) and the other elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1B with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the b* value in the measurement 2B with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2, respectively.
8. A method for selecting an optical film of an image display device comprising a display element, and a polarizer and an optical film on the light emitting surface of the display element, wherein disposition is such that the direction of the absorption axis of the polarizer is parallel to the horizontal or vertical direction of the display element, the method comprising
selecting, as the optical film, an optical film X satisfying determination conditions that the optical film X comprises a low-refractive index layer on a biaxially stretched plastic film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is located on the outermost surface of the optical film X,
7. An image display device comprising a display element, and a polarizer and an optical film disposed on a light emitting surface side of the display element, wherein
disposition is such that the angle formed by the direction of the absorption axis of the
polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees,
and
that the angle formed by the absorption axis of the polarizer and the slow axis of a biaxially stretched plastic film of the optical film falls within 90 degrees ± 5 degrees, and
the optical film comprises a low-refractive index layer on the biaxially stretched plastic film with an in-plane phase difference of less than 2500 nm, the low-refractive index layer is located on the outermost surface of the optical film,
and the optical film comprises a region in which the difference between the maximum value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
8. and the optical film X comprises a region in which the difference between the maximum
value and the minimum value of ΔEab is less than 17.0, wherein the ΔEab is calculated as follows:
a laminate 1B is subjected to measurement 1B to calculate L* value, a* value, and b* value in the L*a *b* color system; a laminate 2B is subjected to measurement 2B to calculate L* value, a* value, and b* value in the L*a*b* color system; and based on the results of the measurement 1B and the measurement 2B, the ΔEab is calculated under condition 1B:
<Measurement 1B>
the laminate 1B is produced by laminating the polarizer and the optical film X on the display element in this order; in the laminate 1B, the optical film is disposed so that the surface on the low-refractive index layer side faces the side opposite to the polarizer; and the polarizer is disposed so that the angle formed by the absorption axis of the polarizer and the horizontal or vertical direction of the display element falls within ± 5 degrees, and the angle
formed by the absorption axis of the polarizer and the slow axis of the biaxially stretched
plastic film of the optical film X falls within 90 degrees ± 5 degrees,
the display element of the laminate 1B is displayed in white, the transmitted light emitted from the low-refractive index layer side of the laminate 1B is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0 degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the L*a*b* color system based on the transmitted light at each angle; and the transmitted light measurement area is set to any in-plane area of 1 mm2 or more and 10 mm2 or less;
<Measurement 2B>
the laminate 2B is produced by laminating the polarizer on the display element that is the same as the display element in the measurement 1B,
the display element of the laminate 2B is displayed in white, the transmitted light emitted from the polarizer side of the laminate 2B is measured at 1 degree intervals in ranges of an elevation angle of 0 degrees or more and 80 degrees or less and an azimuth angle of 0
degrees or more and 359 degrees or less, to calculate L* value, a* value, and b* value in the
L*a*b* color system based on the transmitted light at each angle; and the transmitted light
measurement area substantially coincides with that in the measurement 1B in the plane; and
<Condition 1B>
at each elevation angle and each azimuth angle, ΔL* is calculated by subtracting the L* value in the measurement 2B from the L* value in the measurement 1B; values from the maximum value to the minimum value of the ΔL* are converted to grayscale to a predetermined gradation and displayed in grayscale in two-dimensional coordinates with the elevation angle as concentric circles and the azimuth angle in the vertical and horizontal directions,
it is confirmed that there are two regions in which the ΔL* is concentrically distributed in the two-dimensional coordinates, and that the two regions are in substantially symmetric positions in the two-dimensional coordinates,
with respect to the elevation angle located at the center of the region where the ΔL* is
concentrically distributed, one elevation angle is referred to as α degree(s) and the other elevation angle is referred to as β degree(s), and
the ΔEab at each azimuth angle is calculated from the differences between the L* value, the a* value, and the b* value in the measurement 1B with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2 and the L* value, the a* value, and the b* value in the measurement 2B with an azimuth angle of 0 degrees or more and 359 degrees or less at an elevation angle of (α+β)/2, respectively.
This is a provisional nonstatutory double patenting rejection.
The U.S. Patent No. US 12,216,302 B2 does not teach a reflectance, as measured from the low-refractive index layer side, of 2.00% or less as recited in claims 1, 7, and 8.
Because the structure of the claimed system is the same as that claimed in US 12,216,302 B2, in that the low-refractive index layer is located on the outermost surface of the optical film it must also inherently perform the same function and be able to have “a reflectance, as measured from the low-refractive index layer side”. See MPEP §2114(I)) “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011).”
Furthermore, it has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP §2144.05(I) first paragraph.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of first and third clear aperture sizes or diameters (? Pl fill in), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
The instant application at paragraph [0139] does not disclose any criticality to the claimed range. The prior art discloses a low-refractive index layer side with reflectance from 0-100%. The entire range would perform the same function. Because there is no allegation of criticality and no evidence of demonstrating a difference across the range, the prior art discloses the range with sufficient specificity. See MPEP section 2131.03.II. Clearview Inc. v. Pearl River Polymers Inc., 668 F.3d 340, 101 USPQ2d 1773 (Fed. Cir. 2012).
One of ordinary skill in the art would have been motivated to modify the reflectance of the low-refractive index layer side to have the claimed range of viewing angles for the purposes of suppresses rainbow unevenness when viewed with the naked eyes without increasing the in-plane phase difference (para [0009]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Konno et al. (US 2019/0331838 A1) teaches a multilayer optical laminate for improving viewability of an image display apparatus.
Lim et al. (US 2021/0311342 A1) teaches a transmittance-variable device including film layers that reduces crosstalk, rainbow, and mirroring phenomenon.
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/J.A.J./JENNIFER A JONES
Examiner
Art Unit 2872
09/03/2026
/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872
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