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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The originally filed drawings were received on 1/7/2025. These drawings are objected to for the following reason(s) as set forth below.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Figure 1- Reference numeral 150
Figure 2- Reference numeral 240.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 1-3 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 recites the limitation "the closest peaks" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-14 are dependent on Claim 1, and hence inherit the deficiencies of Claim 1.
Claim 2, line 5 recites the limitation ‘a radius of the ball spacer’. However, Claim 1, line 17 also recites the limitation of ‘a radius of the ball spacer’. This appears to be problematic, since it is not clear whether the radius in Claim 2 is to refer to that in Claim 1, or to a separate radius not previously recited. Correction is required.
Claim 3, line 5 recites the limitation ‘a radius of the ball spacer’. However, Claim 1, line 17 also recites the limitation of ‘a radius of the ball spacer’. This appears to be problematic, since it is not clear whether the radius in Claim 3 is to refer to that in Claim 1, or to a separate radius not previously recited. Correction is required.
Allowable Subject Matter
Claims 4-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a transmittance variable optical laminate as generally set forth in Claim 1, the laminate including, in combination with the features recited in Claim 1, at least one of the first polarizing plate and the second polarizing plate
comprises a functional layer having a plurality of pattern portions satisfying the following
Equation 1: 2 µm ≤ a ≤ 2r; wherein a is a distance between the closest peaks in each pattern portion, and r is a radius of the ball spacer. Claims 2-14 are dependent on Claim 1, and hence are allowable for at least the same reasons Claim 1 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 101315497 B to Xie et al.
U.S. Patent Application Publication US 2008/0061422 A1 to Han et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNEL C LAVARIAS whose telephone number is (571)272-2315. The examiner can normally be reached M-F 10:30 AM-7 PM.
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ARNEL C. LAVARIAS
Primary Examiner
Group Art Unit 2872
10/2/2026
/ARNEL C LAVARIAS/Primary Examiner, Art Unit 2872
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