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. 16/469,167, filed on 06/13/2019.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 01/16/2025. An initialed copy is attached to this Office Action.
Specification
The abstract of the disclosure is objected to because it is in excess of 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 15-21 of U.S. Patent No. 11,846,835. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,846,835 discloses all the limitations of Application 19/020,055.
Application 19/020,055
U.S. Patent No. 11,846,835
Claim 1:
A display apparatus, comprising:
a reflective layer comprising reflective material, and one or more stacks of additional layers provided on a first side of the reflective layer,
wherein each stack comprises an optically switchable layer;
a plurality of switching elements located on a second side of the reflective layer opposite to the first side or forming part of the reflective layer,
each switching element being operable to apply heating to a switchable portion of the optically switchable layer and thereby change an appearance of the switchable portion when viewed from a viewing side of the display apparatus,
wherein the apparatus is configured to apply the heating by driving an electrical current through the switching element to generate Joule heating in the switching element,
wherein the electrical current flows in an electrical circuit comprising a portion of the reflective layer.
Claim 1:
A display apparatus, comprising:
a reflective layer comprising reflective material, and one or more stacks of additional layers provided on the reflective layer,
wherein each stack comprises an optically switchable layer; and
a plurality of switching elements located on a side of the reflective layer opposite to the one or more stacks or forming part of the reflective layer,
each switching element being operable to apply heating to a switchable portion of the optically switchable layer and thereby change an appearance of the switchable portion when viewed from a viewing side of the display apparatus,
wherein: the apparatus is configured to apply the heating by driving an electrical current through the switching element to generate Joule heating in the switching element,
wherein the electrical current flows in an electrical circuit comprising a portion of the reflective layer, and the reflective layer comprises a pattern of regions of different thermal conductivity, the pattern being such as to increase the thermal resistance between each region of the reflective layer that corresponds to a switching element and each region of the reflective layer that corresponds to a different switching element.
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 1
Claim 6
Claim 5
Claim 7
Claim 6
Claim 8
Claim 7
Claim 9
Claim 8
Claim 10
Claim 9
Claim 11
Claim 10
Claim 12
Claim 11
Claim 13
Claim 12
Claim 14
Claim 15
Claim 15
Claim 16
Claim 16
Claim 17
Claim 17
Claim 18
Claim 18
Claim 19
Claim 19
Claim 20
Claim 20
Claim 21
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, and 8-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhaskaran et al., (hereafter Bhaskaran) (WO 2015/097468 A1).
With respect to Claim 1, Embodiment One of Bhaskaran teaches a display apparatus (Figure 1), comprising: a reflective layer (12, Figure 1) comprising reflective material (inherent on being a reflector; see also Page 3, lines 3-8), and one or more stacks of additional layers (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1) provided on the reflective layer (12, Figure 1), wherein each stack (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1) comprises an optically switchable layer (10, Figure 1; see also Page 3, lines 3-12); the reflective layer (12, Figure 1) and the one or more stacks (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1) or forming part of the reflective layer (12, Figure 1),
Embodiment One of Bhaskaran fails to teach a plurality of switching elements, each switching element being operable to apply heating to a switchable portion of the optically switchable layer and thereby change an appearance of the switchable portion when viewed from a viewing side, wherein the apparatus is configured to apply the heating by driving an electrical current through the switching element to generate Joule heating in the switching element, wherein the electrical current flows in an electrical circuit.
Embodiment One of Bhaskaran teaches a display device and Embodiment Two of Bhaskaran teaches a display device with a transmissive filter.
Embodiment Two of Bhaskaran teaches a plurality of switching elements (52 and 54, Figure 10), each switching element (52 and 54, Figure 10) being operable to apply heating (ohmic heating, Page 9, line 19) to a switchable portion (52 and 54, Figure 10) and thereby change an appearance (switched between states to provide a color contrast, Page 9, lines 13 and 14) of the switchable portion (52 and 54, Figure 10) when viewed from a viewing side (16 constitutes the viewing surface of the display device, Page 3, lines 6-7), wherein the apparatus is configured to apply the heating (Page 9, lines 14-21) by driving an electrical current (Page 9, lines 14-21) through the switching element (52 and 54, Figure 10) to generate Joule heating (Page 9, lines 14-21) in the switching element (52 and 54, Figure 10), wherein the electrical current (Page 9, lines 14-21) flows in an electrical circuit (drive circuit, Page 10, lines 9-24).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to combine the teachings Embodiment one of Bhaskaran having a display device with Embodiment Two of Bhaskaran having a plurality of switching elements, apply heating to a switchable portion of the optically switchable layer and thereby change an appearance of the switchable portion when viewed from a viewing side, apply the heating by driving an electrical current through the switching element to generate Joule heating in the switching element, wherein the electrical current flows in an electrical circuit, and further modifying Embodiment One of Bhaskaran having the plurality of switching elements located on a second side of the reflective layer opposite to the first side or forming part of the reflective layer, wherein the electrical current flows in an electrical circuit comprising a portion of the reflective layer, for the purpose of using the display as a tunable filter for optoelectronic devices, Page 9, lines 25-27.
With respect to Claim 2, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein each switching element (52 and 54, Figure 10, of Embodiment Two of Bhaskaran) comprises a resistive component (R1, Figure 11, Embodiment Two of Bhaskaran) in series (R1 and R2 are in series with the phase change material (PCM, Page 2, line 29-Page 3, line 18) of the pixel sets, Page 10, lines 19-21, Embodiment Two of Bhaskaran) with the portion of the reflective layer (12, Figure 1, Embodiment One of Bhaskaran).
With respect to Claim 3, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the resistive component (R1, Figure 11, Embodiment One of Bhaskaran) is positioned behind (current passed vertically, Page 9, lines 14-27) the reflective layer (12, Figure 1, Embodiment One of Bhaskaran) when viewed from the viewing side (16 constitutes the viewing surface of the display device, Page 3, lines 6-7, Embodiment One of Bhaskaran) of the display apparatus (Figure 1).
With respect to Claim 4, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach when an electrical current (Page 9, lines 14-21, Embodiment Two of Bhaskaran) is being driven through the resistive component (R1, Figure 11, Embodiment Two of Bhaskaran) to drive the switching element (52 and 54, Figure 10, Embodiment Two of Bhaskaran), Joule heating (Page 9, lines 14-21, Embodiment Two of Bhaskaran) associated with the electrical current (Page 9, lines 14-21, Embodiment Two of Bhaskaran) is higher (Page 9, lines 14-27, Embodiment Two of Bhaskaran) in the resistive component (R1, Figure 11, Embodiment Two of Bhaskaran) than in the reflective layer (12, Figure 1, Embodiment One of Bhaskaran).
With respect to Claim 8, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the reflective layer (12, Figure 1, Embodiment One of Bhaskaran) is patterned (Page 9, lines 14-27, Embodiment Two of Bhaskaran) so that each switching element (52 and 54, Figure 10, Embodiment Two of Bhaskaran) comprises a localized path (vertically and laterally, Page 9, lines 14-27, Embodiment Two of Bhaskaran) of high electrical resistance (Page 3, lines 32-33, Embodiment One of Bhaskaran) formed within the reflective layer (12, Figure 1, Embodiment One of Bhaskaran), the localized path being such that at least 25% (Page 9, lines 14-21, Embodiment Two of Bhaskaran) of the Joule heating (Page 9, lines 14-21, Embodiment Two of Bhaskaran) provided by the switching element (52 and 54, Figure 10, Embodiment Two of Bhaskaran) is provided by Joule heating (Page 9, lines 14-21, Embodiment Two of Bhaskaran) within the localized path (vertically and laterally, Page 9, lines 14-27, Embodiment Two of Bhaskaran).
With respect to Claim 9, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the optically switchable layer (10, Figure 1; see also Page 3, lines 3-12, Embodiment Two of Bhaskaran) is configured such that switching of the optically switchable layer (10, Figure 1; see also Page 3, lines 3-12, Embodiment One of Bhaskaran) causes the apparatus to provide one or both of the following effects for incident radiation within a predetermined frequency range (page 10, lines 16-19, Embodiment Two of Bhaskaran): i) a change in reflectivity of a factor of at least 50; or ii) a change in phase that is within 5% of nπt/2 radians, where n is an integer (Page 5, lines 11-12; see also Figure 7, Embodiment One of Bhaskaran).
With respect to Claim 10, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the predetermined frequency range (page 10, lines 16-19, Embodiment Two of Bhaskaran) has a bandwidth of less than 100nm (Figures 3a, 3b and 5, Embodiment One of Bhaskaran, Embodiment One of Bhaskaran).
With respect to Claim 11, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the effect (i) and effect (ii) are not provided for incident radiation outside of the predetermined frequency range (Figures 3a, 3b and 5, Embodiment One of Bhaskaran).
With respect to Claim 12, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the optically switchable layer (10, Figure 1; see also Page 3, lines 3-12, Embodiment One of Bhaskaran) comprises a phase change material (PCM, Page 2, line 29-Page 3, line 18, Embodiment One of Bhaskaran), the phase change material (PCM, Page 2, line 29-Page 3, line 18, Embodiment One of Bhaskaran) being switchable between a plurality of stable states (Page 3, lines 9-12, Embodiment One of Bhaskaran), each of the stable states having a different refractive index (Page 3, lines 9-12, Embodiment One of Bhaskaran) relative to each of the other stable states (Page 3, lines 9-12, Embodiment One of Bhaskaran).
With respect to Claim 13, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the phase change material (PCM, Page 2, line 29-Page 3, line 18, Embodiment One of Bhaskaran) is switchable by application of heat (Page 4, lines 1-11, Embodiment One of Bhaskaran) between the plurality of stable states (Page 3, lines 9-12, Embodiment One of Bhaskaran).
With respect to Claim 14, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach an integrated circuit layer (Page 10, lines 9-16, Embodiment Two of Bhaskaran) formed on a side of the reflective layer (12, Figure 1, Embodiment One of Bhaskaran) opposite to the one or more stacks (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran), the integrated circuit layer (Page 10, lines 9-16, Embodiment Two of Bhaskaran) comprising at least one integrated circuit chip (Page 10, lines 9-16, Embodiment Two of Bhaskaran) that comprises one or more of: i) all or a portion of each of a plurality of the switching elements (52 and 54, Figure 10); Embodiment Two of Bhaskaran); ii) electronics for driving a plurality of the switching elements (52 and 54, Figure 10, Embodiment Two of Bhaskaran).
With respect to Claim 15, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran further teach wherein the reflective layer (12, Figure 1, Embodiment One of Bhaskaran) is metallic (12 layer of metal such as platinum or aluminum, Page 3, lines 3-4, Embodiment One of Bhaskaran).
With respect to Claim 16, Embodiment One of Bhaskaran and Embodiment Two of Bhaskaran further teach wherein each of the one or more stacks (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran) of additional layers (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran) further comprises a spacer layer (14, Figure 1, Embodiment One of Bhaskaran), each spacer layer (14, Figure 1, Embodiment One of Bhaskaran) being provided between the reflective layer (12, Figure 1) and the optically switchable layer (10, Figure 1) that is in the same stack as the spacer layer (14, Figure 1).
With respect to Claim 17, Embodiment One of Bhaskaran and Embodiment Two of Bhaskaran further teach wherein each of the one or more stacks (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran) of additional layers (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran) further comprises a capping layer (16, Figure 1, Embodiment One of Bhaskaran), wherein the optically switchable layer (10, Figure 1; see also Page 3, lines 3-12, Embodiment One of Bhaskaran) in each stack (10, 14 and 16 comprise a stack and are on layer 12, see Figure 1, Embodiment One of Bhaskaran) is provided between the capping layer (16, Figure 1, Embodiment One of Bhaskaran) and the reflective layer (12, Figure 1, Embodiment One of Bhaskaran).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhaskaran) (WO 2015/097468 A1), of record, and in further view of Hosseini et al., (hereafter Hosseini) (US 2018/0284497 A1).
With respect to Claim 18, Embodiment One of Bhaskaran and Embodiment Two of Bhaskaran teach the apparatus of Claim 1.
Embodiment One of Bhaskaran and Embodiment Two of Bhaskaran fail to teach a spatial light modulator.
Embodiment One of Bhaskaran and Embodiment Two of Bhaskaran teach a display device and Hosseini teaches an optical device which can be use with the display device.
Hosseini teaches an optical device (title and abstract) having a spatial light modulator (¶[0074]).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to combine the teachings of Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran having the display apparatus with the teachings of Hosseini having the spatial light modulator comprise a display apparatus for the purpose of t write and re-write the pattern imposed on the device for security, (¶[0074]).
With respect to Claim 19, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran teach the apparatus of Claim 18,
Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran fail to teach a projection system comprising the spatial light modulator.
Hosseini teaches an optical device (title and abstract) having a projection system (¶[0074]) comprise a spatial light modulator (¶[0074]).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to combine the teachings of Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran having the display apparatus with the teachings of Hosseini having a projection system comprising the spatial light modulator for the purpose of write and re-write the pattern imposed on the device for security, (¶[0074]).
With respect to Claim 20, Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran teach the apparatus of Claim 1,
Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran fail to teach a security document.
Hosseini teaches an optical device (title and abstract) having a security document (¶[0074]).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to combine the teachings of Embodiment One of Bhaskaran in view of Embodiment Two of Bhaskaran having the display apparatus with the teachings of Hosseini having a security document for the purpose of write and re-write the pattern imposed on the device, (¶[0074]).
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon an art 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 and an appropriately filed terminal disclaimer to overcome the double patenting rejection.
With respect to claim 5, though Bhaskaran (WO 2015/097468 A1), of record, discloses “the apparatus of claim 1, wherein the reflective layer (12, Figure 1, Embodiment One of Bhaskaran) and a switching element (52 and 54, Figure 10, Embodiment Two of Bhaskaran),” Bhaskaran fails to teach or suggest the aforementioned combination further comprising “wherein the reflective layer comprises a pattern of regions of different thermal conductivity, the pattern being such as to increase the thermal resistance between each region of the reflective layer that corresponds to a switching element and each region of the reflective layer that corresponds to a different switching element.”
With respect to claims 6 and 7, these claims depend on claim 5 and are allowable at least for the reasons stated supra.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST.
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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
