Prosecution Insights
Last updated: October 02, 2026
Application No. 19/007,975

OPTICAL LAMINATE, SMART WINDOW INCLUDING THE SAME, AND AUTOMOBILE OR WINDOW FOR BUILDING USING THE SAME

Non-Final OA §102§103§112
Filed
Jan 02, 2025
Priority
Jan 05, 2024 — RE 10-2024-0002151
Examiner
TON, MINH TOAN T
Art Unit
Tech Center
Assignee
Dongwoo Fine-chem Co., Ltd.
OA Round
1 (Non-Final)
28%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
33%
With Interview

Examiner Intelligence

Grants only 28% of cases
28%
Career Allowance Rate
17 granted / 60 resolved
-31.7% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
6 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 60 resolved cases

Office Action

§102 §103 §112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1, “the transmittance variable optical laminate has a surface hardness of H or higher” is unclear and indefinite. It is unclear and indefinite to determine to what the limit or range of H is, unclear to determine what constitutes as H or higher. For examination purposes, it is interpreted that the transmittance variable optical laminate has a surface hardness H. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 3, 6-9 and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ahn et al (WO 2023/182708) WO ‘708 illustrates and discloses a transmittance variable optical laminate comprising: a first polarizing plate (e.g., 100-1/100-2); a surface treatment layer (e.g., 700/800) formed on one surface of the first polarizing plate; a first transparent conductive layer (e.g., 200-1/200-2) formed on the other surface of the first polarizing plate; a second polarizing plate (e.g., 100-1/100-2) opposite to the first polarizing plate; a second transparent conductive layer (e.g., 200-1/200-2) formed on one surface of the second polarizing plate and opposite to the first transparent conductive layer; a liquid crystal layer(300) provided between the first transparent conductive layer and the second transparent conductive layer; and a pressure sensitive adhesive layer (e.g., 600) provided on a surface of the second polarizing plate on which the second transparent conductive layer is not formed, wherein a thickness of the first polarizing plate is equal to or greater than a thickness of the second polarizing plate (see at least ‘in the tenth aspect’, at least one of the first and second polarizers may have a thickness 30 to 200 μm.’), and the transmittance variable optical laminate has a surface hardness H [see above 112(b)]. Per claim 3, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein the first polarizing plate and the second polarizing plate each have a thickness of 30 µm to 200 µm (see at least ‘in the tenth aspect’, at least one of the first and second polarizers may have a thickness 30 to 200 μm.’). Per claim 6, WO ‘708 illustrates and discloses the transmittance variable optical laminate (see at least ‘liquid crystal layer’ section ) wherein a liquid crystal driving mode of the liquid crystal layer is any one selected from the group consisting of a twisted nematic (TN) mode, a super-twisted nematic (STN) mode, an in-plane switching (IPS) mode, a fringe-field switching (FFS) mode, an electrically controlled birefringence (ECB) mode, and a vertical alignment (VA) mode. Per claim 7, WO ‘708 illustrates and discloses the transmittance variable optical laminate (see at least ‘liquid crystal layer’ section) wherein the liquid crystal driving mode of the liquid crystal layer is the twisted nematic (TN) mode. Per claim 8, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a polymer network and a liquid crystal compound, wherein the liquid crystal compound is arranged with uniform initial alignment’ (see at least descriptions <Transmittance variable optical laminate> section, 6th paragraph). Per claim 9, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a cured product of a composition for forming a liquid crystal layer comprising a polymerizable monomer and the liquid crystal compound (see at least descriptions <Transmittance variable optical laminate> section, 6th paragraph). Per claim 11, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first transparent conductive layer (e.g., 200-1/200-2) and the second transparent conductive layer (e.g., 200-1/200-2) is formed in direct contact with the first polarizing plate (e.g., 100-1/100-2) or the second polarizing plate (e.g., 100-1/100-2) without comprising a separate substrate therebetween (see at least Figure 1). Per claim 12, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first transparent conductive layer and the second transparent conductive layer is formed in direct contact with the first polarizing plate or the second polarizing plate while comprising a highly adhesive layer (e.g., 120-1/120-2) therebetween (see at least Figure 4). Per claim 13, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first polarizing plate and the second polarizing plate comprises at least one functional layer selected from the group consisting of a protective layer, an adhesion- imparting layer, a retardation matching layer, and a refractive index-matching layer (see at least descriptions ‘function coating layer’, ‘protective layer’, ‘phase difference control layer’ sections/descriptions). Per claim 14, WO ‘708 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first transparent conductive layer and the second transparent conductive layer comprises at least one selected from the group consisting of a transparent conductive oxide, a metal, a carbonaceous material, a conductive polymer, a conductive ink, and nanowires (see at least ‘transparent conductive layer’ section/descriptions). Per claim 15, WO ‘708 illustrates and discloses the transmittance variable optical laminate further comprising at least one selected from the group consisting of a pressure sensitive adhesive/adhesive layer, a UV-absorbing layer and a hard coating layer (see at least ‘other function layers’ section/descriptions). Per claim 16, WO ‘708 illustrates and discloses the transmittance variable optical laminate incorporating in smart windows (see at least ‘best mode’ section, 3rd paragraph). Per claim 17, WO ‘708 illustrates and discloses the transmittance variable optical laminate incorporating smart windows in buildings (see at least ‘best mode’ section, 3rd paragraph). Claims 1-3, 6-9, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated Kim et al (US 2024/0288733). US ‘733 illustrates and discloses a transmittance variable optical laminate (see at least Figure 4) comprising: a first polarizing plate (e.g. 121); a surface treatment layer (e.g., 122) formed on one surface of the first polarizing plate; a first transparent conductive layer (e.g., 130) formed on the other surface of the first polarizing plate; a second polarizing plate opposite to the first polarizing plate; a second transparent conductive layer formed on one surface of the second polarizing plate and opposite to the first transparent conductive layer; a liquid crystal layer(e.g., 110) provided between the first transparent conductive layer and the second transparent conductive layer; and a pressure sensitive adhesive layer (e.g., 124) provided on a surface of the second polarizing plate on which the second transparent conductive layer is not formed, wherein a thickness of the first polarizing plate is equal to or greater than a thickness of the second polarizing plate (see at least [0026]), and the transmittance variable optical laminate has a surface hardness H [see above 112(b)]. Per claim 2, US ‘733 illustrates and discloses the transmittance variable optical laminate wherein the surface treatment layer (e.g., 122) has a thickness less than 80 um (see at least [0070]) which includes a range within Applicant’s claimed ranged of 5 to 30 µm. Per claim 3, US ‘733 illustrates and discloses the transmittance variable optical laminate wherein the first polarizing plate and the second polarizing plate each have a thickness of 30 µm to 200 µm (see at least ‘[0026]). Per claims 6-7, US ‘733 illustrates and discloses the transmittance variable optical laminate (see at least [0027]) wherein a liquid crystal driving mode of the liquid crystal layer is any one selected from the group consisting of a twisted nematic (TN) mode, a super-twisted nematic (STN) mode, an in-plane switching (IPS) mode, a fringe-field switching (FFS) mode, an electrically controlled birefringence (ECB) mode, and a vertical alignment (VA) mode. Per claim 8, US ‘733 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a polymer network and a liquid crystal compound, wherein the liquid crystal compound is arranged with uniform initial alignment’ (see at least [0079]). Per claim 9 US ‘733 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a cured product of a composition for forming a liquid crystal layer comprising a polymerizable monomer and the liquid crystal compound (see at least [0079], [0080]). Per claim 11, US ‘733 illustrates and discloses the transmittance variable optical laminate ,wherein at least one of the first transparent conductive layer and the second transparent conductive layer is formed in direct contact with the first polarizing plate or the second polarizing plate without comprising a separate substrate therebetween (see at least Figure 2). Per claim 13, US ‘733 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first polarizing plate and the second polarizing plate comprises at least one functional layer, selected from the group consisting of a protective layer, an adhesion-imparting layer, a retardation matching layer (see at least [0021]), and a refractive index-matching layer (see at least [0025]. Per claim 14, US ‘733 illustrates and discloses wherein at least one of the first transparent conductive layer and the second transparent conductive layer comprises at least one selected from the group consisting of a transparent conductive oxide, a metal, a carbonaceous material, a conductive polymer, a conductive ink, and nanowires (see at least [0024]). Per claim 15, US ‘733 illustrates and discloses the transmittance variable optical laminate Further comprising at least one selected from the group consisting of a pressure sensitive adhesive/adhesive layer, a UV-absorbing layer and a hard coating layer (see at least [0109]- [0111]) Per claim 16, US ‘733 discloses a smart window comprising the above-described transmittance variable optical laminate of claim 1 (see at least the abstract/technical field). Per claim 17, US ‘733 discloses a window for a building comprising the smart window (see at least the abstract/technical field). Claims 1-3, 6-9, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Ahn (WO 2023/211056, IDS). WO ‘056 illustrates and discloses a transmittance variable optical laminate comprising: a first polarizing plate (e.g., 110 100-1/100-2); a surface treatment layer (e.g., 120/130) formed on one surface of the first polarizing plate; a first transparent conductive layer (e.g., 200-1/200-2) formed on the other surface of the first polarizing plate; a second polarizing plate (e.g., 110 100-1/100-2) opposite to the first polarizing plate; a second transparent conductive layer (e.g., 200-1/200-2) formed on one surface of the second polarizing plate and opposite to the first transparent conductive layer; a liquid crystal layer(300) provided between the first transparent conductive layer and the second transparent conductive layer; and a pressure sensitive adhesive layer (e.g., 140/600) provided on a surface of the second polarizing plate on which the second transparent conductive layer is not formed, wherein a thickness of the first polarizing plate is equal to or greater than a thickness of the second polarizing plate (see at least tech solution’s section of WO ‘056, ‘in the tenth aspect of the present invention, at least one of the first and second polarizers may have a thickness 30 to 200 μm.’), and the transmittance variable optical laminate has a surface hardness H [see above 112(b)]. Per claim 2, WO ‘056 illustrates and discloses the transmittance variable optical laminate wherein the surface treatment layer (e.g., 120) has a thickness of 1-40 um (including a range within Applicant’s claimed ranged of 5 to 30 µm) achieving excellent hardness, bending resistance and durability. Per claim 3, WO ‘056 illustrates and discloses the transmittance variable optical laminate wherein the first polarizing plate and the second polarizing plate each have a thickness of 30 µm to 200 µm (see at least ‘in the tenth aspect’). Per claims 6-7, WO ‘056 illustrates and discloses the transmittance variable optical laminate (see at least the disclosure of ‘056: “For example, it may be driven in TN (Twisted nematic) mode, but in addition to STN (Super twisted nematic) mode, VA (Vertical alignment) mode, ECB (Electrically driven) mode. It can also be driven by controlled birefringence mode, etc.” ) wherein a liquid crystal driving mode of the liquid crystal layer is any one selected from the group consisting of a twisted nematic (TN) mode, a super-twisted nematic (STN) mode, an in-plane switching (IPS) mode, a fringe-field switching (FFS) mode, an electrically controlled birefringence (ECB) mode, and a vertical alignment (VA) mode. Per claim 8, WO ‘056 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a polymer network and a liquid crystal compound, wherein the liquid crystal compound is arranged with uniform initial alignment’ (see at least the disclosure of ‘056: “The reactive liquid crystal compound can be polymerized by light or heat to form a cured film in which a polymer network is formed while maintaining the liquid crystal arrangement.”). Per claim 9, WO ‘056 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a cured product of a composition for forming a liquid crystal layer comprising a polymerizable monomer and the liquid crystal compound. Per claim 11, WO ‘056 illustrates and discloses the transmittance variable optical laminate ,wherein at least one of the first transparent conductive layer (e.g., 200-1/200-2) and the second transparent conductive layer (e.g., 200-1/200-2) is formed in direct contact with the first polarizing plate (e.g., 100-1/100-2) or the second polarizing plate (e.g., 100-1/100-2) without comprising a separate substrate therebetween. Per claim 13, WO ‘056 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first polarizing plate and the second polarizing plate comprises at least one functional layer (e.g., 120), selected from the group consisting of a protective layer, an adhesion-imparting layer, a retardation matching layer, and a refractive index-matching layer. Per claim 14, WO ‘056 illustrates and discloses wherein at least one of the first transparent conductive layer (200-1/200-2) and the second transparent conductive layer (200-1/200-2) comprises at least one selected from the group consisting of a transparent conductive oxide, a metal, a carbonaceous material, a conductive polymer, a conductive ink, and nanowires. Per claim 15, WO ‘056 illustrates and discloses the transmittance variable optical laminate Further comprising at least one selected from the group consisting of a pressure sensitive adhesive/adhesive layer, a UV-absorbing layer and a hard coating layer (e.g., 120). Per claim 16, WO ‘056 discloses a smart window comprising the above-described transmittance variable optical laminate of claim 1 (see at least WO ‘056 disclosure “in addition to the variable transmittance optical laminate, a smart window including the same”) Per claim 17, WO ‘056 discloses a window for a building comprising the smart window (see at least WO ‘056 disclosure, “a smart window for architectural windows” Claims 1, 3, 6-9, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ahn (WO 2024/143786) The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. WO ‘786 illustrates and discloses a transmittance variable optical laminate comprising: a first polarizing plate (e.g., 110-1); a surface treatment layer (e.g., 500/600) formed on one surface of the first polarizing plate; a first transparent conductive layer (e.g., 210-1) formed on the other surface of the first polarizing plate; a second polarizing plate (e.g., 110-2) opposite to the first polarizing plate; a second transparent conductive layer (e.g., 210-2) formed on one surface of the second polarizing plate and opposite to the first transparent conductive layer; a liquid crystal layer(300) provided between the first transparent conductive layer and the second transparent conductive layer; and a pressure sensitive adhesive layer (e.g., 400) provided on a surface of the second polarizing plate on which the second transparent conductive layer is not formed, wherein a thickness of the first polarizing plate is equal to or greater than a thickness of the second polarizing plate (see at least ‘in the seventh aspect’, at least one of the first and second polarizers may have a thickness 30 to 200 μm.’), and the transmittance variable optical laminate has a surface hardness H [see above 112(b)]. Per claim 3, WO ‘786 illustrates and discloses the transmittance variable optical laminate wherein the first polarizing plate and the second polarizing plate each have a thickness of 30 µm to 200 µm (see at least ‘in the seventh aspect’, at least one of the first and second polarizers may have a thickness 30 to 200 μm.’). Per claim 6, WO ‘786 illustrates and discloses the transmittance variable optical laminate (see at least ‘in the fifth aspect’) wherein a liquid crystal driving mode of the liquid crystal layer is any one selected from the group consisting of a twisted nematic (TN) mode, a super-twisted nematic (STN) mode, an in-plane switching (IPS) mode, a fringe-field switching (FFS) mode, an electrically controlled birefringence (ECB) mode, and a vertical alignment (VA) mode. Per claim 7, WO ‘786 illustrates and discloses the transmittance variable optical laminate (see at least ‘in the fifth aspect’) wherein the liquid crystal driving mode of the liquid crystal layer is the twisted nematic (TN) mode. Per claim 8, WO ‘786 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a polymer network and a liquid crystal compound, wherein the liquid crystal compound is arranged with uniform initial alignment’ (see at least descriptions <Transmittance variable optical laminate> section, 5th paragraph). Per claim 9, WO ‘786 illustrates and discloses the transmittance variable optical laminate wherein the liquid crystal layer comprises a cured product of a composition for forming a liquid crystal layer comprising a polymerizable monomer and the liquid crystal compound (see at least descriptions <Transmittance variable optical laminate> section, 5th paragraph). Per claim 11, WO ‘786 illustrates and discloses the transmittance variable optical laminate ,wherein at least one of the first transparent conductive layer (e.g., 210-1) and the second transparent conductive layer (e.g., 210-2) is formed in direct contact with the first polarizing plate (e.g., 110-1) or the second polarizing plate (e.g., 110-2) without comprising a separate substrate therebetween. Per claim 13, WO ‘786 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first polarizing plate and the second polarizing plate comprises at least one functional layer selected from the group consisting of a protective layer, an adhesion- imparting layer, a retardation matching layer, and a refractive index-matching layer (see at least descriptions <Transmittance variable optical laminate> section, 10th paragraph). Per claim 14, WO ‘786 illustrates and discloses the transmittance variable optical laminate wherein at least one of the first transparent conductive layer and the second transparent conductive layer comprises at least one selected from the group consisting of a transparent conductive oxide, a metal, a carbonaceous material, a conductive polymer, a conductive ink, and nanowires (see at least ‘according to the tenth aspect’). Per claim 15, WO ‘786 illustrates and discloses the transmittance variable optical laminate further comprising at least one selected from the group consisting of a pressure sensitive adhesive/adhesive layer, a UV-absorbing layer and a hard coating layer (see at least ‘according to the eleventh aspect’). Per claim 16, WO ‘786 illustrates and discloses the transmittance variable optical laminate incorporating in smart windows (see at least ‘best mode’ section, 3rd paragraph). Per claim 17, WO ‘786 illustrates and discloses the transmittance variable optical laminate incorporating smart windows in buildings (see at least ‘best mode’ section, 5th paragraph). 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. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘708 as applied to claims 1, 3, 6-9 and 11-17 above, and further in view of Kim et al (WO 2023287090). WO ‘090 discloses and teaches an optical laminate with a coating layer having an elastic modulus of 10 MPa or more, wherein such elastic modulus achieves advantages such as excellent adhesion and flexibility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ the ‘pressure sensitive adhesive layer has a storage modulus of 10 MPa or more at 25°C’ for achieving advantages such as excellent adhesion and flexibility. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US ‘733 as applied to claims 1-3, 6-9, 11 and 13-17 above, and further in view of Kim et al (WO 2023287090). WO ‘090 discloses and teaches an optical laminate with a coating layer having an elastic modulus of 10 MPa or more, wherein such elastic modulus achieves advantages such as excellent adhesion and flexibility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ the ‘pressure sensitive adhesive layer has a storage modulus of 10 MPa or more at 25°C’ for achieving advantages such as excellent adhesion and flexibility. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘056 or WO ‘786 as applied to claims 1-3, 6-9, 11 and 13-17, respectively, above, and further in view of Kim et al (WO 2023287090). WO ‘090 discloses and teaches an optical laminate with a coating layer having an elastic modulus of 10 MPa or more, wherein such elastic modulus achieves advantages such as excellent adhesion and flexibility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ the ‘pressure sensitive adhesive layer has a storage modulus of 10 MPa or more at 25°C’ for achieving advantages such as excellent adhesion and flexibility. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘708 as applied to claims 1, 3, 6-9 and 11-17 above, and further in view of Duarte et al (WO 2021/127307). WO ‘307 illustrates and discloses a display assembly (see at least [0027], [0043] comprising the transparency demonstrating a water contact angle of >100°, wherein the transparency includes smart glass, smart window, etc., to achieve advantages such as preventing scratch of the display screen, sufficient structural integrity. Therefore, it would have been obvious to one of ordinary skill in art at the time the invention was made to employ ‘the surface treatment layer has a water contact angle of 100° or more’ for achieving advantages such as preventing scratch of the display screen, sufficient structural integrity. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US ‘733 as applied to claims 1-3, 6-9, 11 and 13-17 above, and further in view of Duarte et al (WO 2021/127307). WO ‘307 illustrates and discloses a display assembly (see at least [0027], [0043] comprising the transparency demonstrating a water contact angle of >100°, wherein the transparency includes smart glass, smart window, etc., to achieve advantages such as preventing scratch of the display screen, sufficient structural integrity. Therefore, it would have been obvious to one of ordinary skill in art at the time the invention was made to employ ‘the surface treatment layer has a water contact angle of 100° or more’ for achieving advantages such as preventing scratch of the display screen, sufficient structural integrity. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘056 or WO ‘786 as applied to claims 1-3, 6-9, 11 and 13-17, respectively, above, and further in view of Duarte et al (WO 2021/127307). WO ‘307 illustrates and discloses a display assembly (see at least [0027], [0043] comprising the transparency demonstrating a water contact angle of >100°, wherein the transparency includes smart glass, smart window, etc., to achieve advantages such as preventing scratch of the display screen, sufficient structural integrity. Therefore, it would have been obvious to one of ordinary skill in art at the time the invention was made to employ ‘the surface treatment layer has a water contact angle of 100° or more’ for achieving advantages such as preventing scratch of the display screen, sufficient structural integrity. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘708 as applied to claims 1-3, 6-9, 11-17 above. WO ‘708 does not explicitly disclose ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, however, it is a matter of routine skill in the art to optimize forming PNLC layer such that the liquid crystal layer containing desired wt% to achieve common and known advantages such as improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, as routinely optimized/skilled in the art, for achieving achieve common and known advantages such as improved transparency. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘708 as applied to claims 1-3, 6-9, 11-17 above, and further in view of Kim et al (US 2024/2088729). US ‘729 illustrates and teaches (see at least [0102]) the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ yielding advantages such improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ for achieving achieve common and known advantages such as improved transparency. Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US ‘733 as applied to claims 1-3, 6-9, 11 and 13-17 above. Per claim 10, US ‘733 does not explicitly disclose ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, however, it is a matter of routine skill in the art to optimize forming PNLC layer such that the liquid crystal layer containing desired wt% to achieve common and known advantages such as improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, as routinely optimized/skilled in the art, for achieving achieve common and known advantages such as improved transparency. Per claim 12, US ‘733 illustrates and discloses the refractive index matching layer (e.g. 150) between the conducive layer and the polarizing plate/polarizer. Further, the alternative configuration recited claim 12 ‘in direct contact with the first polarizing plate or the second polarizing plate while comprising a highly adhesive layer therebetween’ (emphasis added) is at least an obvious variation/modification, i.e., not patentably distinct, to ‘in direct contact with the first polarizing plate or the second polarizing plate without comprising a separate substrate therebetween’ (emphasis added) to one of ordinary skill in the art for achieving desired and optimized quality output. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ an alternative configuration recited claim 12 ‘in direct contact with the first polarizing plate or the second polarizing plate while comprising a highly adhesive layer therebetween’ (emphasis added), as it is at least an obvious variation/modification, i.e., not patentably distinct, to ‘in direct contact with the first polarizing plate or the second polarizing plate without comprising a separate substrate therebetween’ (emphasis added) to one of ordinary skill in the art for achieving desired and optimized quality output. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US ‘733 as applied to claims 1-3, 6-9, 11 and 13-17 above, and further in view of Kim et al (US 2024/2088729). US ‘729 illustrates and teaches (see at least [0102]) the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ yielding advantages such improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ for achieving achieve common and known advantages such as improved transparency. Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over WO ‘056 or WO ‘786 as applied to claims 1-3, 6-9, 11 and 13-17, respectively, above. Per claim 10, WO ‘056 or WO ‘786 does not explicitly disclose ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, however, it is a matter of routine skill in the art to optimize forming PNLC layer such that the liquid crystal layer containing desired wt% to achieve common and known advantages such as improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’, as routinely optimized/skilled in the art, for achieving achieve common and known advantages such as improved transparency. Per claim 12, the alternative configuration recited claim 12 ‘in direct contact with the first polarizing plate or the second polarizing plate while comprising a highly adhesive layer therebetween’ (emphasis added) is at least an obvious variation/modification, i.e., not patentably distinct, to ‘in direct contact with the first polarizing plate or the second polarizing plate without comprising a separate substrate therebetween’ (emphasis added) to one of ordinary skill in the art for achieving desired and optimized quality output. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ an alternative configuration recited claim 12 ‘in direct contact with the first polarizing plate or the second polarizing plate while comprising a highly adhesive layer therebetween’ (emphasis added), as it is at least an obvious variation/modification, i.e., not patentably distinct, to ‘in direct contact with the first polarizing plate or the second polarizing plate without comprising a separate substrate therebetween’ (emphasis added) to one of ordinary skill in the art for achieving desired and optimized quality output. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over WO ‘056 or WO ‘786 as applied to claims 1-3, 6-9, 11 and 13-17, respectively, above, and further in view of Kim et al (US 2024/2088729). US ‘729 illustrates and teaches (see at least [0102]) the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ yielding advantages such improved transparency. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to employ ‘the composition for forming the liquid crystal layer comprises the polymerizable monomer in an amount of 10 to 30 wt % based on the total weight of the composition’ for achieving achieve common and known advantages such as improved transparency. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN TON whose telephone number is (571)272-2303. 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. 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. /TOAN TON/Supervisory Patent Examiner, Art Unit 2882
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Prosecution Timeline

Jan 02, 2025
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
28%
Grant Probability
33%
With Interview (+4.8%)
3y 3m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 60 resolved cases by this examiner. Grant probability derived from career allowance rate.

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