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 .
DETAILED ACTION
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.
Claims 9, 17-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 9, 18, it is unclear in lines 4-7, how the optical film is reused as the polarizing layer, the first substrate, the hard coating, or the adhesive layer. For the purposes of examination, the optical film is treated as being able to function as the first substrate, and hence is reused as the first substrate. However, it is also unclear how the optical film would then be able to function as the polarizing layer, the hard coating or the adhesive layer, when the presently claimed optical film only comprises the light diffuser mixed with the resin. Clarification accompanied by relevant citation(s) from the specification is required.
Furthermore, regarding claims 9, 17-18, it is unclear what the term “sequentially stacked” means since in Figs. 1-5 of the specification, while the numbers of the layers in the stack increase sequentially from the bottom to the top, the layer number 10 which is bracketed, disrupts the increasing sequence. Accordingly, in the absence of a clear showing to the contrary, the term “sequentially stacked” is interpreted using the broadest reasonable interpretation, as being the same as the term “sequentially laminated” where the layer number 10 is a core layer upon which a first layer is laminated on a first side of the core layer, and then a second layer is laminated on a second side of the core layer, and is hence stacked sequentially following the sequence of lamination.
Claims 19-20 depend on and include all the subject matter of claim 17, but fail to provide any solutions to the indefinite issue described above.
Clarification accompanied by relevant citation(s) from the specification is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-8, 10-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo (US 2007/0030417), as evidenced by Koike (Clarivate Analytics English translation of JP 2004-226503-A).
Regarding claim 1, Kubo teaches an optical film ([0059]) comprising a resin (cellulose ester [0059]) and a whisker (birefringent whisker [0065]) mixed with the resin (cellulose ester film … containing needle-shaped particles ([0063]) and a modifying group (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) attached to a surface of the whisker (hydrophobic treatment of the surface of the needle-shaped particles [0080], hydrophobic processing agent [0081]) through a chemical bond (coupling [0082]), and the modifying group is the species of the general structural formula of -- X-A-R of Applicant, shown below, where -- of Applicant is a chemical bond, X of Applicant is SO3, A of Applicant is an unsubstituted aromatic hydrocarbon group containing 6 ring atoms, and the end group R of Applicant is an unsubstituted alkyl group having 10 carbon atoms (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) which is within the claimed range of 2 to 20 carbon atoms, for the purpose of providing the desired dispersion in the resin (dispersibility effect [0087]).
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Although Kubo fails to teach that the whisker functions as a light-diffuser, since the whisker is a birefringent whisker ([0065]), it functions as a light-diffuser when mixed in a resin, as evidenced by Koike.
Koike teaches that a birefringent whisker ([0061], birefringent crystal fine particle [0024]) mixed with a resin (dispersed [0024]) functions as a light-diffuser ([0024]).
Regarding claim 2, Kubo teaches that R of Applicant = -(CH2)9-CH3 (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) where R1, R2 and R3 of Applicant = H, and n of Applicant = 9.
Regarding claim 3, Kubo teaches that X of Applicant = SO3 and A of Applicant = an unsubstituted aromatic hydrocarbon group containing 6 ring atoms (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]).
Regarding claim 4, Kubo teaches that the modifying group (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) shown below on the left, can be varied, in which A of Applicant can also be an unsubstituted aromatic hydrocarbon group containing 10 ring atoms (naphthalene sulfonate [0092]) where an additional 4 ring atoms is added to the top of the unsubstituted aromatic hydrocarbon group containing 6 ring atoms (benzene of decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) shown on the left, to form the unsubstituted aromatic hydrocarbon group containing 10 ring atoms (naphthalene sulfonate [0092]), shown on the right, for the purpose of providing the desired dispersion in the resin (dispersibility effect [0087]).
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Regarding claim 5, Kubo teaches that the resin comprises at least one of an acrylate resin (acrylic ester or methacrylic ester homopolymer [0132]), a cellulose ester resin ([0059]), a polyurethane resin, an epoxy resin, a polycarbonate resin ([0132]) and a polyacrylate resin (acrylic ester or methacrylic ester homopolymer [0132]).
Regarding claim 6, Kubo teaches that a refractive index of the light diffuser is 1.52 (needle-like crystal [0076]) which is within the claimed range of greater than or equal to 1.5 and less than or equal to 2.0.
Regarding claim 7, Kubo teaches that an included angle (mean azimuth angle [0059]) that is formed between a long axis of the whisker of the optical film and a bottom surface of the optical film (direction of a mean azimuth angle of the aforesaid particles in the film is … parallel to the film forming direction [0059]) is within a range of not more than 30 degrees ([0059]) which overlaps the claimed range of greater than 0 degrees and less than or equal to 40 degrees (parallel to the film forming direction of the aforesaid cellulose ester film, mean value H of each absolute value of angles between the direction of the aforesaid mean azimuth angle and needle-shaped particles is not more than 30[Symbol font/0xB0] [0059]).
Regarding claim 8, Kubo teaches a polarizer (polarizing plate [0468]) comprising an optical film (cellulose ester film [0467]), a protective layer disposed on one side of the optical film (on one surface, utilized for the purpose of protecting a polarizing plate at such as shipping [0468]), and a release film disposed on an opposite side of the optical film (separate film on the opposite surface [0468] for separation or release), wherein the optical film ([0059]) comprises a resin (cellulose ester [0059]) and a whisker (birefringent whisker [0065]) mixed with the resin (cellulose ester film … containing needle-shaped particles ([0063]) and a modifying group (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) attached to a surface of the whisker (hydrophobic treatment of the surface of the needle-shaped particles [0080], hydrophobic processing agent [0081]) through a chemical bond (coupling [0082]), and the modifying group is the species of the general structural formula of -- X-A-R of Applicant, shown below, where -- of Applicant is a chemical bond, X of Applicant is SO3, A of Applicant is an unsubstituted aromatic hydrocarbon group containing 6 ring atoms, and the end group R of Applicant is an unsubstituted alkyl group having 10 carbon atoms (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) which is within the claimed range of 2 to 20 carbon atoms, for the purpose of providing the desired dispersion in the resin (dispersibility effect [0087]).
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Although Kubo fails to teach that the whisker functions as a light-diffuser, since the whisker is a birefringent whisker ([0065]), it functions as a light-diffuser when mixed in a resin, as evidenced by Koike.
Koike teaches that a birefringent whisker ([0061], birefringent crystal fine particle [0024]) mixed with a resin (dispersed [0024]) functions as a light-diffuser ([0024]).
Regarding claim 10, Kubo teaches that R of Applicant = -(CH2)9-CH3 (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) where R1, R2 and R3 of Applicant = H, and n of Applicant = 9.
Regarding claim 11, Kubo teaches that X of Applicant = SO3 and A of Applicant = an unsubstituted aromatic hydrocarbon group containing 6 ring atoms (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]).
Regarding claim 12, Kubo teaches that the modifying group (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) shown below on the left, can be varied, in which A of Applicant can also be an unsubstituted aromatic hydrocarbon group containing 10 ring atoms (naphthalene sulfonate [0092]) where an additional 4 ring atoms is added to the top of the unsubstituted aromatic hydrocarbon group containing 6 ring atoms (benzene of decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) shown on the left, to form the unsubstituted aromatic hydrocarbon group containing 10 ring atoms (naphthalene sulfonate [0092]), shown on the right, for the purpose of providing the desired dispersion in the resin (dispersibility effect [0087]).
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Regarding claim 13, Kubo teaches that the resin comprises at least one of an acrylate resin (acrylic ester or methacrylic ester homopolymer [0132]), a cellulose ester resin ([0059]), a polyurethane resin, an epoxy resin, a polycarbonate resin ([0132]) and a polyacrylate resin (acrylic ester or methacrylic ester homopolymer [0132]).
Regarding claim 14, Kubo teaches that a refractive index of the light diffuser is 1.52 (needle-like crystal [0076]) which is within the claimed range of greater than or equal to 1.5 and less than or equal to 2.0.
Regarding claim 15, Kubo teaches that an included angle (mean azimuth angle [0059]) that is formed between a long axis of the whisker of the optical film and a bottom surface of the optical film (direction of a mean azimuth angle of the aforesaid particles in the film is … parallel to the film forming direction [0059]) is within a range of not more than 30 degrees ([0059]) which overlaps the claimed range of greater than 0 degrees and less than or equal to 40 degrees (parallel to the film forming direction of the aforesaid cellulose ester film, mean value H of each absolute value of angles between the direction of the aforesaid mean azimuth angle and needle-shaped particles is not more than 30[Symbol font/0xB0] [0059]).
Regarding claim 16, Kubo teaches a display device (liquid crystal display [0471]) comprising a display panel (70 is an … liquid crystal cell [0471]), and a polarizer (60 is a polarizing plate [0471]) disposed on a light-emitting side of the display device (viewer side opposite to backlight side in Fig. 16), and the polarizer comprises the optical film, a protective layer disposed on one side of the optical film (on one surface, utilized for the purpose of protecting a polarizing plate at such as shipping [0468]), and a release film disposed on an opposite side of the optical film (separate film on the opposite surface [0468] for separation or release).
Regarding claim 17, Kubo teaches a display device (liquid crystal display [0471]) comprising a display panel (70 is an … liquid crystal cell [0471]), a polarizer (60 is a polarizing plate [0471] on viewer side in Fig. 16) and the optical film that are sequentially stacked (66 is optical film-A (a polarizing protective film) of the present invention [0471], Fig. 16).
Regarding claim 19, Kubo teaches that R of Applicant = -(CH2)9-CH3 (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]) where R1, R2 and R3 of Applicant = H, and n of Applicant = 9.
Regarding claim 20, Kubo teaches that X of Applicant = SO3 and A of Applicant = an unsubstituted aromatic hydrocarbon group containing 6 ring atoms (decyl benzenesulfonyl group of the isopropyltridecyl benzenesulfonyltitanate coupling agent [0082]).
Claims 9, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kubo, as evidenced by Koike, as applied to claims 1-8, 10-17, 19-20 above, and further in view of Ohta (US 2012/0015169).
Kubo, as evidenced by Koike, teaches the display device comprising the display panel, and the polarizer disposed on a light-emitting side of the display device, wherein the polarizer comprises the optical film comprising a light diffuser mixed with resin, a protective layer being disposed on one side of the optical film, and a release film being disposed on an opposite side of the optical film, as described above. In addition, Kubo teaches that a polarizing layer (polarizer [0053]) is disposed on one side of the optical film in the polarizer (polarizing plate [0053]). Kubo, as evidenced by Koike, fails to teach an arrangement in which the polarizer comprises the release film, the polarizing layer, a first substrate, a hard coating layer and the protective layer, are sequentially stacked.
However, Ohta teaches that a common polarizer (polarizing plate 110 [0028, 0104]) comprises a polarizing layer (polarizer 112 (a polarizing membrane or a polarizing film) [0028]), a first substrate (protective film 114 [0028, 0104]) and a hard coating (hard coat layer 118 [0104]), that are sequentially stacked (Fig. 1), for the purpose of providing the desired working polarizer. Ohta teaches that the first substrate 114 can comprise a light diffuser (light scatters [0102]) mixed with resin (cellulose ester resin [0037]) such that it functions as an optical film comprising a light diffuser mixed with the resin.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have reused the optical film of Kubo, as evidenced by Koike, as a first substrate, in the polarizer of Kubo, as evidenced by Koike, and to have provided an arrangement in which the polarizing layer, the first substrate which is the optical film, and a hard coating, are sequentially stacked, in order to obtain a working polarizer, as taught by Ohta.
In addition, Kubo teaches that the protective layer is disposed on one side of the polarizer comprising the optical film, for the purpose of protecting the polarizer during shipping (on one surface, utilized for the purpose of protecting a polarizing plate at such as shipping [0468]), and that that the release film disposed on an opposite side of polarizer comprising the optical film, for the purpose of providing the desired separation or release during processing and/or assembly (separate film on the opposite surface [0468]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have further provided an arrangement in which the release film, the polarizing layer, the first substrate which is the optical film, the hard coating, and the protective layer, are sequentially stacked in the polarizer of Kubo, as evidenced by Koike, and as modified by Ohta, in order to obtain the desired separation or release of the polarizer during processing and/or assembly, and the desired protection of the polarizer during shipping, as taught by Kubo.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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