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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/10/2025 and 06/04/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1, 2, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeo et al. (2011/0304902).
Regarding claim 1, Yeo discloses a variable light transmission device (at least Figures 1A and 10A, 100a, electro-optical display; [0111] teaches 500, display cell, is used for 110a-110c, display cells, in Figure 1A) comprising: a first light transmissive electrode layer (124, second electrode; [0035]); a second light transmissive electrode layer (104a-104c, first electrodes; [0035]); and a microcell layer (110a-110c, display cells), the microcell layer being disposed between the first light transmissive electrode layer and the second light transmissive electrode layer (Figure 1A), the microcell layer comprising a plurality of microcells (110a-110c, display cells) and a sealing layer (122, second dielectric passivation layer, considered to be a sealing layer as it encapsulates the top portion of 110a-110c, display cells), each microcell of the plurality of microcells including an electrophoretic medium (114, carrier fluid, 112, colorant particles), the electrophoretic medium comprising a plurality of first type of electrically charged pigment particles (112, colorant particles; [0041]), a charge control agent ([0041] teaches the colorant particle material should be made of a material that has a finite ability to hold a stable charge), and a non-polar liquid (114, carrier fluid), each microcell of the plurality of microcells having a microcell opening (at least Figures 1A and 10A, top portion of the microcell that does not include a protrusion structure), the sealing layer spanning the microcell openings of the plurality of microcells (Figure 1A), each microcell of the plurality of microcells comprising a microcell bottom layer (Figure 10A, surface of 502a, display cell, that is in direction contact with the top surface of 402, first electrode), a protrusion structure (Figure 10A, structure created by 504, first sidewalls, and 506, second side walls), microcell walls (508, third sidewall), a midplane (horizontal plane passing halfway up the height of the protrusion structure), and a channel (reservoir portion, in Figure 10A depicted as being filled by 410, colorant particles), the microcell bottom layer having a microcell bottom inside surface (Figure 10A, surface of 502a, display cell, that is in direction contact with the top surface of 402, first electrode), the microcell bottom inside surface comprising an exposed microcell bottom inside surface (Figure 10A, bottom surface of the area filled by 408, carrier fluid) and an unexposed microcell bottom inside surface (Figure 10A, bottom surface of the area where the protrusion structure is adjacent to the top surface or 402, first electrode), the protrusion structure having a protrusion base (base formed by 504, first side walls), a protrusion surface (506, second side walls), a protrusion apex (point created by 506, second side walls), and a protrusion height (height of structure formed by 504, first sidewalls, and 506, second side walls), the protrusion structure consisting of an upper part (506, second side walls) and a lower part (504, first side walls), the protrusion apex being a point or a set of points of the protrusion structure (point created by 506, second side walls), the point or the set of points having shorter distance from the microcell opening than all other points of the protrusion structure (Figure 10A,the point is closest to the top area of the microcell), the protrusion height being the distance between the protrusion base and the protrusion apex (height of structure formed by 504, first sidewalls, and 506, second side walls), the protrusion surface being the surface of the protrusion structure that is in contact with the electrophoretic medium not including the protrusion apex (506, second side walls), the midplane being a plane that is parallel to the sealing layer (horizontal plane passing halfway up the height of the protrusion structure; 122, second dielectric passivation layer, is horizontal, thus the two are parallel), the midplane being located between the protrusion base and the protrusion apex (horizontal plane passing halfway up the height of the protrusion structure), the distance between the midplane and the protrusion base being equal to half of the protrusion height (horizontal plane passing halfway up the height of the protrusion structure), the midplane dividing the protrusion structure into the lower part and the upper part (horizontal plane passing halfway up the height of the protrusion structure), the microcell walls having a microcell inside wall surface (inner surface of 508, third side wall, adjacent to 408, carrier fluid) and a microcell wall upper surface (upper portion of 508, third side wall), the microcell inside wall surface being a surface of the microcell walls of a microcell that is in contact with the electrophoretic medium (Figure 10A), the microcell wall upper surface being a surface of the microcell walls of a microcell that is in contact with the sealing layer (Figure 1 and 10A), the protrusion base and the exposed microcell bottom inside surface having an intersection (Figure 10A), the microcell inside wall surface and the exposed microcell bottom inside surface having an intersection (Figure 10A), the channel having a channel height (halfway height of 504, first side walls, and 506, second side walls), an inner perimeter (inner perimeter of the reservoir adjacent to 504, first side wall, and 506, second side wall), and an outer perimeter (outer perimeter of the reservoir adjacent to 508, third side wall), the channel height being half of the protrusion height (halfway height of 504, first side walls, and 506, second side walls), the inner perimeter being the intersection of the protrusion base and the exposed microcell bottom inside surface (Figure 10A), the outer perimeter being the intersection of the microcell inside wall surface and the exposed microcell bottom inside surface (Figure 10A), the unexposed microcell bottom inside surface being a part of the microcell inside surface that is in contact with the protrusion base (Figure 10A), the channel being a volume confined between the exposed microcell bottom inside surface, the protrusion surface, the microcell inside wall surface, and the midplane (Figure 10A), the variable light transmission device having a first outside surface (top surface of 100a, electro-optical display) and a second outside surface (bottom surface of 100a, electro-optical display), the first outside surface being located on a side of the variable light transmission device that is near the first light transmissive electrode layer (Figure 1), and the second outside surface being located on a side of the variable light transmission device that is near the second light transmissive electrode layer (Figure 1), the exposed microcell bottom inside surface having an x dimension (left to right dimension) and a y dimension for a point of the outer perimeter of the channel (in and out of image dimension), the x dimension being defined by a line that includes the line segment that corresponds to the shortest distance between the point of the outer perimeter of the channel and the inner perimeter of the channel (left to right dimension), the y dimension being orthogonal to the x dimension (in and out of image dimension), both x dimension and y dimension being on a plane of the exposed microcell bottom inside surface (left to right dimension and in and out of image dimension), wherein application of a first electric field between the first light transmissive electrode layer and the second light transmissive electrode layer via a first waveform causes movement of the plurality of first type of electrically charged pigment particles towards the channel , resulting in switching of the variable light transmission device to an open optical state (Figure 1A, 110a, display cell; [0042]), the plurality of first type of electrically charged pigment particles in the open optical state being arranged in the channel to achieve varied optical density or varied visible light spectrum of the variable light transmission device across the x dimension of the exposed microcell bottom inside surface (Figure 1A, 110a, display cell; [0042]), wherein application of a second electric field between the first light transmissive electrode layer and the second light transmissive electrode layer via a second waveform causes movement of the plurality of first type of electrically charged pigment particles towards the first light transmissive electrode layer resulting in the switching of the variable light transmission device to a closed optical state (Figure 1A, 110b, display cell; [0044]), the closed optical state having lower percent transparency than the open optical state ([0042, 0044] teach in the open state, a clear optical state is achieved, while in the closed state, a colored optical state is achieved, thus considered to be lower transparency).
Regarding claim 2, Yeo discloses the variable light transmission device of claim 1, wherein the protrusion structure of a microcell is a geometric solid selected from the group consisting of a polygonal pyramid, the polygonal pyramid having an apex and polygon base, the polygon apex being the protrusion apex, the polygon base having 3-20 sides, and the polygon base being the protrusion base of the protrusion structure; a polygonal pyramid on a polygonal prism, the polygonal pyramid having an apex and a polygon base, the polygonal prism having a first polygon base and a second polygon base, the polygonal pyramid apex being the protrusion apex, the polygon base of the polygonal pyramid being in contact with the first polygon base of the polygonal prism, the second polygon base of the polygonal prism being the protrusion base of the protrusion structure, the polygon base of the polygonal pyramid and the first and second polygon bases of the polygonal prism having the same number of sides, the polygon base of the polygonal pyramid and the first and second polygon bases of the polygonal prism having 3-20 sides; a cone having an apex and a base, the apex of the cone being the protrusion apex, the base of the cone being circular, and the base of the cone being the protrusion base; a cone on a cylinder, the cone having an apex and a base, the base of the cone being circular, the apex of the cone being the protrusion apex, the cylinder having a first base and a second base, the first base and the second base being circular, the base of the cone being in contact with the first base of the cylinder, and the second base of the cylinder being the protrusion base of the protrusion structure; a frustum of polygonal pyramid, the frustum of polygonal pyramid having a first polygon base and a second polygon base, the first polygon base having a smaller area than the second polygon base, the first polygon base being the protrusion apex and the second polygon base being the protrusion base, the first and second polygon bases of the frustrum of the polygonal pyramid having 3-20 sides; a frustum of polygonal pyramid on an polygonal prism, the frustum of polygonal prism having a first polygon base and a second polygon base, the first polygon base of the frustum of polygonal pyramid having a smaller area than the second polygon base of the frustum of polygonal pyramid, the polygonal prism having a first polygon base and a second polygon base, the first polygon base of the frustum of polygonal pyramid being the protrusion apex, the second polygon base of the polygonal pyramid being in contact with the first polygon base of the polygonal prism, the second polygon base of the polygonal prism being the protrusion base, the first and second polygon bases of the frustum of polygonal pyramid and the first and second polygon bases of the polygonal prism having the same number of sides, the first and second polygon bases of the frustum of polygonal pyramid and the first and second polygon bases of the polygonal prism the first polygon base having 3-20 sides; a frustum of cone, the frustum of cone having a first base and a second base, the first base of the frustum of cone having a smaller area than the second base of the frustum of cone, the first base of the frustum of cone being the protrusion apex and the second base of the frustum of cone being the protrusion base, the first and second bases of the frustrum of the cone being circular; a frustum of cone on a cylinder, the frustum of cone having a first base and a second base, the first base of the frustum of cone having a smaller area than the second base of the frustum of cone, the cylinder having a first base and a second base, the first and second bases of the frustum of cone and the first and second bases of the cylinder being circular, the first base of the frustum of cone being the protrusion apex, the second base of the frustum of cone being in contact with the first base of the cylinder, and the second base of the cylinder being the protrusion base; a polygonal pyramid on a frustum of polygonal pyramid, the polygonal pyramid having an apex and a polygon base, the frustum of polygonal pyramid having a first polygon base and a second polygon base, the first base having smaller area than the second base, the polygonal pyramid apex being the protrusion apex, the polygon base of the polygonal pyramid being in contact with the first polygon base of the frustum of polygonal pyramid, the second polygon base of the frustum of polygonal pyramid being the protrusion base of the protrusion structure, the polygon base of the polygonal pyramid and the first and second polygon bases of the polygonal prism having the same number of sides, the polygon base of the polygonal pyramid and the first and second polygon bases of the frustum of polygonal pyramid having 3-20 sides; a cone on a frustum of cone, the cone having an apex and a base, the base of the cone being circular, the apex of the cone being the protrusion apex, the frustum of cone having a first base and a second base, the first base and the second base being circular, the first base having smaller area than the second base, the base of the cone being in contact with the first base of the frustum of cone, and the second base of the frustum of cone being the protrusion base of the protrusion structure; a first frustum of polygonal pyramid on a second frustum of polygonal pyramid, the first frustum of polygonal pyramid having a first polygon base and a second polygon base, the first polygon base of the first frustum of polygonal pyramid having a smaller area than the second polygon base of the first frustum of polygonal pyramid, the second frustum of polygonal pyramid having a first polygon base and a second polygon base, the first polygon base of the second frustum of polygonal pyramid having smaller area than the second polygon base of the second frustum of polygonal pyramid, the first polygon base of the first frustum of polygonal pyramid being the protrusion apex, the second polygon base of the first frustum of polygonal pyramid being in contact with the first polygon base of the second frustum of polygonal pyramid, the second polygon base of the second frustum of polygonal pyramid being the protrusion base, the first and second polygon bases of the first frustum of polygonal pyramid and the first and second polygon bases of the second frustum of polygonal pyramid having the same number of sides, the first and second polygon bases of the first frustum of polygonal pyramid and the first and second polygon bases of the second frustum of polygonal pyramid having 3-20 sides, the slope of the first frustum of polygonal pyramid being larger than the slope of the second frustum of polygonal pyramid or the slope of the first frustum of polygonal pyramid being smaller than the slope of the second frustum of polygonal pyramid; a first frustum of cone on a second frustum of cone, the first frustum of cone having a first base and a second base, the first base of the first frustum of cone having a smaller area than the second base of the first frustum of cone, the second frustum of cone having a first base and a second base, the first base of the second frustum of cone having smaller area than the second base of the second frustum of cone, the first base of the first frustum of cone being the protrusion apex, the second base of the first frustum of cone being in contact with the first base of the second frustum of cone, the second base of the second frustum of cone being the protrusion base, the first and second bases of the first frustum of cone and the first and second bases of the second frustum of cone having the same number of sides, the first and second bases of the first frustum of cone and the first and second bases of the second frustum of cone having 3-20 sides, the slope of the first frustum of cone being larger than the slope of the second frustum of cone or the slope of the first frustum of cone being smaller than the slope of the second frustum of conc (at least Figure 9A-10B; [0110]).
Regarding claim 18, Yeo discloses the variable light transmission device of claim 1, wherein the movement of the plurality of first type of electrically charged pigment particles towards the first light transmissive electrode layer , which causes the closed optical state, has a velocity, the velocity having a lateral component (Figure 1A, 110a to 110b depicts the particles moving vertically and laterally, thus interpreted as having a velocity having a lateral component).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yeo et al. (2011/0304902).
Regarding claim 3, Yeo discloses the variable light transmission device of claim 2, but fails to teach wherein, if the protrusion structure is a polygonal pyramid, the polygonal pyramid has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a polygonal pyramid on a polygonal prism, the polygonal pyramid has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a cone, the cone has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a cone on a cylinder, the cone has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a frustum of polygonal pyramid, the frustum of polygonal pyramid has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a frustum of polygonal pyramid on an polygonal prism, the frustum of polygonal pyramid has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a frustum of cone, the frustum of cone has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a frustum of cone on a cylinder, the frustum of cone has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a polygonal pyramid on a frustum of polygonal pyramid, the polygonal pyramid has a slope of from 5 degrees to 20 degrees, and the frustum of polygonal pyramid has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a cone on a frustum of cone, the cone has a slope of from 5 degrees to 20 degrees and the frustum of cone has a slope of from 5 degrees to 20 degrees; if the protrusion structure is a first frustum of polygonal pyramid on a second frustum of polygonal pyramid, the first frustum of polygonal pyramid has a slope of from 5 degrees to 20 degrees and the second frustum of polygonal pyramid has a slope of from 5 degrees to 20; if the protrusion structure is a first frustum of cone on a second frustum of cone, the first frustum of cone has a slope of from 5 degrees to 20 degrees and the second frustum of cone has a slope of from 5 degrees to 20.
However, Examiner notes that it would have been obvious to one having ordinary skill in the art at the time the invention was filed to adjust the slope to be from 5 to 20 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 233). Doing so would allow for a more visually appealing transition between two states by having the particles enter the reservoir at a slower rate.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yeo et al. (2011/0304902) in view of Yokokawa et al. (2014/0376081).
Regarding claim 4, Yeo discloses the variable light transmission device of claim 1, wherein the combination of the channel and the lower part of the protrusion structure is a geometric solid selected from the group consisting of a cylinder, a cone, a polygonal pyramid having a polygon base, the polygon base having from 3 to 20 sides, a polygonal prism, the polygonal prism having two polygon bases, the polygon bases having from 3 to 20 sides, a frustum of cone, and a frustum of polygonal pyramid, the frustum of polygonal pyramid having a first and a second bases, the first and second bases being polygons having from 3 to 20 sides (at least Figure 9A-10B; [0110]).
Yeo fails to teach wherein the angle between the microcell inside wall surface and the microcell bottom inside surface is larger than 90 degrees. Yeo and Yokokawa are related because both teach a variable light transmission device.
Yokokawa teaches a variable light transmission device wherein the angle between the microcell inside wall surface and the microcell bottom inside surface is larger than 90 degrees (Figure 1, the angle between 91, wall portion, and the top horizontal surface of 2, planar base portion, is greater than 90 degrees).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Yeo to incorporate the teachings of Yokokawa and provide wherein the angle between the microcell inside wall surface and the microcell bottom inside surface is larger than 90 degrees. Doing so would allow for increased distribution of light at a wider angle.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yeo et al. (2011/0304902) in view of Paykin et al. (2022/0139338).
Regarding claim 17, Yeo discloses the variable light transmission device of claim 1, but fails to teach wherein the second waveform comprises at least one positive voltage and at least one negative voltage. Yeo and Paykin are related because both teach a variable light transmission device.
Paykin teaches a variable light transmission device wherein the second waveform comprises at least one positive voltage and at least one negative voltage ([0038-0040, 0081-0089]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Yeo to incorporate the teachings of Paykin and provide wherein the second waveform comprises at least one positive voltage and at least one negative voltage. Doing so would allow for minimization of color contamination and providing a high-resolution display.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yeo et al. (2011/0304902) in view of Danner et al. (2005/0270261).
Regarding claim 19, Yeo discloses the variable light transmission device of claim 18, but fails to teach wherein the second waveform comprises an AC waveform, the AC waveform having a duty cycle of from 5% to 45%. Yeo and Danner are related because both teach a variable light transmission device.
Danner teaches a variable light transmission device wherein the second waveform comprises an AC waveform ([0083-0097]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Yeo to incorporate the teachings of Danner and provide wherein the second waveform comprises an AC waveform. Doing so would allow for improved gray scale display.
The modified Yeo fails to teach the AC waveform having a duty cycle of from 5% to 45%. However, Examiner notes that it would have been obvious to one having ordinary skill in the art at the time the invention was filed to adjust the duty cycle to be from 5% to 45%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 233). Doing so would allow for improved efficiency in displaying gray scale.
Regarding claim 20, Yeo discloses the variable light transmission device of claim 18, but fails to teach wherein the second waveform comprises a DC-offset waveform, which is formed by a superposition of a DC voltage component and an AC waveform. Yeo and Danner are related because both teach a variable light transmission device.
Danner teaches a variable light transmission device wherein the second waveform comprises a DC-offset waveform, which is formed by a superposition of a DC voltage component and an AC waveform ([0083-0097]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Yeo to incorporate the teachings of Danner and provide wherein the second waveform comprises a DC-offset waveform, which is formed by a superposition of a DC voltage component and an AC waveform. Doing so would allow for improved gray scale display.
Allowable Subject Matter
Claims 5-16 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach the limitations of claims 5 and 8, along with the structural limitations positively recited in claim 1 in a manner that would be appropriate under 35 U.S.C. 102 or 103. Claims 6 and 7 are dependent on claim 5 and are therefore objected to for at least the same reason. Claims 9-16 are dependent on claim 8 and are therefore objected to for at least the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sheng (2025/0004345), Paolini (2017/0315418), and Kanematsu (2010/0188731) disclose relevant variable light transmission devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BALRAM T PARBADIA whose telephone number is (571)270-0602. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. 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.
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872
