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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1 – 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jun et al. (KR20230138729A, Assignee: Dongwoo Fine Chem, Publication; 3/4/2022 ) .
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Regarding claim 1, Jun discloses A smart window comprising:
a first substrate; (Fig 3, 700 upper member)
a first adhesive layer (Fig 3, 600 upper member) formed on the first substrate;
a second substrate (Fig 3, 700 lower member) opposite to the first substrate;
a second adhesive layer (Fig 3, 600 lower member) formed on one surface of the second substrate and opposite to the first adhesive layer; and
an optical laminate (Fig 3, combined 100-1. 100-2, 200-1, 200-2, 300) embedded between the first adhesive layer and the second adhesive layer, wherein the optical laminate comprises: a first polarizing plate (Fig 3, 100-1) ; a first transparent conductive layer (Fig 3, 200-1) formed on one surface of the first polarizing plate; a second polarizing plate (Fig 3, 100-2) opposite to the first polarizing plate; a second transparent conductive layer (Fig 3, 200-2) formed on one surface of the second polarizing plate and opposite to the first transparent conductive layer; and a liquid crystal layer (Fig 3, 300) provided between the first transparent conductive layer and the second transparent conductive layer, ([0055] Referring to FIG. 1, a transmittance-variable optical laminate according to one embodiment of the present invention may include a first polarizer (100-1), a second polarizer (100-2), a first transparent conductive layer (200-1), a second transparent conductive layer (200-2), and a liquid crystal layer,)
wherein a ratio of a thickness of each of the first adhesive layer and the second adhesive layer to a thickness of the optical laminate is 1.5 to 3.5.
([0121] discloses thickness of both adhesive layer broadest range is 500 µm,
Table 1 and 3 of example shows thickness of optical laminate (Fig 3, combined 100-1. 100-2, 200-1, 200-2, 300)
Example 6 on Table 1 and 3 noting:
Thickness of optical laminate = thickness first polarizing plate (60 +21+50 µm) + thickness second polarizing plate (50 +21+40 µm) + thickness first transparent conductive layer (1 µm) + thickness second transparent conductive layer (1 µm) + thickness a liquid crystal layer (20 µm) = (264 µm)
500 µm divide 264 µm equals 1.89.
The ratio of the thickness of each of the first adhesive layer and the second adhesive layer to a thickness of the optical laminate is 1.89 within the range of 1.5 to 3.5.
Jun teaches each and every limitation of claim 1.
Regarding claim 2, Jun discloses wherein the optical laminate has a thickness of 0.15 mm to 0.4 mm. (Table 1, 3 example 6 shows 264 µm equals 0.264mm)
Regarding claim 3, Jun discloses wherein the first substrate and the second substrate comprise at least one selected from the group consisting of silicon, quartz, glass ([0055]), polymer resin, a metal, a metal oxide, and a non-metal oxide.
Regarding claim 4, Jun discloses wherein the first adhesive layer and the second adhesive layer each have an elastic modulus of 1 to 300 MPa. ([0169])
Regarding claim 5, Jun discloses 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, a retardation matching layer, and a refractive index-matching layer. ([0055] – [0062])
Regarding claim 6, Jun discloses wherein at least one of the first polarizing plate and the second polarizing plate has a thickness of 30 to 200 pm. (Table 1, 3 example 6 shows thickness first polarizing plate 131 µm )
Regarding claim 7, Jun discloses wherein at least one of the first transparent conductive layer and the second transparent conductive layer is formed in direct contact with any one of the first polarizing plate and the second polarizing plate without comprising a separate substrate therebetween. (Fig. 7)
Regarding claim 8, Jun discloses wherein at least one of the first transparent conductive layer and the second transparent conductive layer is formed in direct contact with any one of the first polarizing plate and the second polarizing plate while comprising a highly adhesive layer therebetween. (Fig. 7)
Regarding claim 9, Jun 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. ([0014] [0020] – [0022])
Regarding claim 10, 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, ([0107]) a super-twisted nematic (STN) mode, an in-plane switching (IPS) mode, a fringe-field switching (FFS) mode, and a vertical alignment (VA) mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm.
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/CHUN-NAN LIN/Primary Examiner, Art Unit 2629