DETAILED ACTION
Notice of Pre-AIA or AIA Status
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 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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation “in a case where a length in the liquid crystal alignment pattern, over which the orientation of the optical axis derived from the liquid crystal compound rotates by 180° in a plane, is set as a single period, an average period in 50 periods from a single period having a longest length along the one direction is defined as Λa, a main surface of the optically anisotropic layer is observed with an optical microscope under crossed nicols in a region having a single period equal to or less than the average period Λa, in a state in which the optically anisotropic layer is disposed such that an absorption axis of a polarizer constituting the crossed nicols is parallel to the one direction, and using the absorption axis of the polarizer, parallel to the one direction, as an observation direction, in observed bright lines and dark lines, a dark line having a width wider than a width of dark lines on both adjacent sides is randomly selected, and 80 continuous dark lines are selected with the randomly selected dark line as a first dark line, in the selected 80 continuous dark lines in the observation direction, a width of a dark line at an even-numbered position is narrower than a width of a dark line at an odd-numbered position, which is adjacent to the dark line at an even-numbered position, and a width of a dark line at an odd-numbered position is wider than a width of a dark line at an even-numbered position, which is adjacent to the dark line at an odd-numbered position” appears to be a conditional claim. For examining purposes, the examiner assumes the second part of the limitation is no longer valid if a length in the liquid crystal alignment pattern, over which the orientation of the optical axis derived from the liquid crystal compound does not by 180° in a plane, is set as a single period. Appropriate correction is required.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (US 2021/0208316).
Regarding claim 1, Sato et al. (figures 1-8) discloses a liquid crystal diffraction element comprising:
an optically anisotropic layer formed of a liquid crystal composition containing a liquid crystal compound;
wherein the optically anisotropic layer has a liquid crystal alignment pattern in which an orientation of an optical axis derived from the liquid crystal compound changes while continuously rotating in at least one in-plane direction (The in-plane alignment pattern in which the orientations of the optical axes 30A change continuously and rotationally in one direction A is a pattern in which the optical axes 30A are aligned and fixed such that the angles between the optical axes A of the liquid crystal compound, which are arranged along one direction A (hereinafter, also referred to as an axis A), and the axis A vary depending on the position of the axis A direction, and the angles between the optical axes 30A and the axis A gradually change from φ to φ+180° or φ−180° along the axis A; see at least paragraphs 0047-0050), and
in a case where a length in the liquid crystal alignment pattern, over which the orientation of the optical axis derived from the liquid crystal compound rotates by 180° in a plane, is set as a single period, an average period in 50 periods from a single period having a longest length along the one direction is defined as Λa, a main surface of the optically anisotropic layer is observed with an optical microscope under crossed nicols in a region having a single period equal to or less than the average period Λa, in a state in which the optically anisotropic layer is disposed such that an absorption axis of a polarizer constituting the crossed nicols is parallel to the one direction, and using the absorption axis of the polarizer, parallel to the one direction, as an observation direction, in observed bright lines and dark lines, a dark line having a width wider than a width of dark lines on both adjacent sides is randomly selected, and 80 continuous dark lines are selected with the randomly selected dark line as a first dark line, in the selected 80 continuous dark lines in the observation direction, a width of a dark line at an even-numbered position is narrower than a width of a dark line at an odd-numbered position, which is adjacent to the dark line at an even-numbered position, and a width of a dark line at an odd-numbered position is wider than a width of a dark line at an even-numbered position, which is adjacent to the dark line at an odd-numbered position.
The limitation, “in a case where a length in the liquid crystal alignment pattern, over which the orientation of the optical axis derived from the liquid crystal compound rotates by 180° in a plane, is set as a single period, an average period in 50 periods from a single period having a longest length along the one direction is defined as Λa, a main surface of the optically anisotropic layer is observed with an optical microscope under crossed nicols in a region having a single period equal to or less than the average period Λa, in a state in which the optically anisotropic layer is disposed such that an absorption axis of a polarizer constituting the crossed nicols is parallel to the one direction, and using the absorption axis of the polarizer, parallel to the one direction, as an observation direction, in observed bright lines and dark lines, a dark line having a width wider than a width of dark lines on both adjacent sides is randomly selected, and 80 continuous dark lines are selected with the randomly selected dark line as a first dark line, in the selected 80 continuous dark lines in the observation direction, a width of a dark line at an even-numbered position is narrower than a width of a dark line at an odd-numbered position, which is adjacent to the dark line at an even-numbered position, and a width of a dark line at an odd-numbered position is wider than a width of a dark line at an even-numbered position, which is adjacent to the dark line at an odd-numbered position” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Sato et al. discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so.
Regarding claim 3, Sato et al. (figures 1-8) discloses wherein the liquid crystal alignment pattern is a concentric circular pattern that has the one direction in which the orientation of the optical axis derived from the liquid crystal compound changes while continuously rotating, in a concentric circular shape from an inner side toward an outer side (The optically anisotropic layer has an in-plane alignment pattern in which regions where the orientations of the optical axes are the same as each other are concentrically provided, and one direction in which the orientations of the optical axes 30A change continuously and rotationally is provided radially from the center of the optically anisotropic layer 15; see at least paragraphs 0093-0095).
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 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.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 2021/0208316).
Regarding claim 2, Sato et al. discloses the limitations as shown in the rejection of claim 1 above. However, Sato et al. is silent regarding wherein the selected 80 continuous dark lines satisfy the following expression, [average of widths of dark lines at odd-numbered positions] - [average of widths of dark lines at even-numbered positions] > ([standard deviation of widths of dark lines at odd-numbered positions] + [standard deviation of widths of dark lines at even-numbered positions])/2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the selected 80 continuous dark lines satisfied the following expression, [average of widths of dark lines at odd-numbered positions] - [average of widths of dark lines at even-numbered positions] > ([standard deviation of widths of dark lines at odd-numbered positions] + [standard deviation of widths of dark lines at even-numbered positions])/2, since it has been held that where the general conditions of a claim, including 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 (C.C.P.A. 1955).
Regarding claim 4, Sato et al. (figures 1-8) discloses wherein the liquid crystal alignment pattern is a concentric circular pattern that has the one direction in which the orientation of the optical axis derived from the liquid crystal compound changes while continuously rotating, in a concentric circular shape from an inner side toward an outer side (The optically anisotropic layer has an in-plane alignment pattern in which regions where the orientations of the optical axes are the same as each other are concentrically provided, and one direction in which the orientations of the optical axes 30A change continuously and rotationally is provided radially from the center of the optically anisotropic layer 15; see at least paragraphs 0093-0095).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN NGUYEN/Primary Examiner, Art Unit 2871
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