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 .
Response to Amendment
The amendment filed on 10/31/2025 has been entered. Claims 1-17 are pending in the Application. New claims 16-17 have been added by the Applicant.
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.
The following title is suggested: DISPLAY DEVICE WITH LIGHT GUIDE AND LIGHT CONTROLLER
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.
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Claim 1-6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4 and 7 of U.S. Patent No.12529928. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 7 anticipate Claims 1-6 of the Instant Application. Claims are compared to claims in the table below.
Instant Application
Patent 12529928
“A display device, comprising:
a first light source unit including a plurality of first light sources;
a light controller disposed on the first light source unit and ;
a second light source unit disposed on the light controller and including a plurality of second light sources;
a light guide plate disposed parallel to the second light source unit configured to guide light provided from the second light source unit; and a
display panel disposed on the light guide plate, the display panel comprising an active area and configured to display an image using light provided from the first light source unit or the second light source unit,
wherein the light controller includes a plurality of partitions overlapping at least a partial area of the active area, and the plurality of partitions are separated from each other and have different heights in each area.
1. A display device, comprising:
a display panel including an active area;
a first light source unit including a plurality of first light sources;
a light controller disposed on the first light source unit and including a plurality of partitions overlapping at least a partial area of the active area;
a second light source unit disposed on the light controller and including a plurality of second light sources; and
a light guide plate disposed to be parallel to the second light source unit and configured to guide light provided from the second light source unit,
wherein the display panel is disposed on the light guide plate and is configured to display an image using light provided from the first light source unit or the second light source unit,
wherein the plurality of partitions has a different height in each area, and
wherein a change rate of a height of the plurality of partitions is different in each area.
2. The display device of claim 1, wherein the active area includes: a first area in which an image is displayed at a first viewing angle in a first mode and a second mode; and a second area in which an image is displayed at the first viewing angle in the first mode and an image is displayed at a second viewing angle which is smaller than the first viewing angle in the second mode.
2. The display device according to claim 1, wherein the active area includes:
a first area in which an image is displayed at a first viewing angle in each of a first mode and a second mode; and
a second area in which an image is displayed at the first viewing angle in the first mode and an image is displayed at a second viewing angle which is smaller than the first viewing angle in the second mode.
3. The display device of claim 2, wherein heights of the plurality of partitions are decreased from the second area toward the first area.
4. The display device according to claim 3, wherein the third height is decreased from the second sub area to the first sub area. (implies a second area with decreasing heights)
4. The display device of claim 2, wherein the plurality of partitions includes: a plurality of first partitions having a first height, the plurality of first partitions being disposed on a first sub area which is a partial area of the first area; a plurality of second partitions having a second height greater than the first height, the plurality of partitions being disposed on a second sub area which is a partial area of the second area; and a plurality of third partitions which is disposed on a third sub area between the first sub area and the second sub area and having a height between the first height and the second height.
3. The display device according to claim 2, wherein the plurality of partitions includes:
a plurality of first partitions disposed on a first sub area which is a partial area of the first area, the plurality of first partitions having a first height;
a plurality of second partitions disposed on a second sub area which is a partial area of the second area, the plurality of second partitions having a second height which is larger than the first height; and
a plurality of third partitions disposed on a third sub area between the first sub area and the second sub area, the plurality of third partitions having a third height which is equal to or larger than the first height and is equal to or smaller than the second height.
5. The display device of claim 4, wherein the height of each of the plurality of third partitions is decreased from the second sub area toward the first sub area.
4. The display device according to claim 3, wherein the third height is decreased from the second sub area to the first sub area.
6. The display device of claim 4, wherein the third sub area includes a boundary line between the first area and the second area.
7. The display device according to claim 4, wherein the closer to a boundary line between the first area and the second area, the larger a change rate of the third height.
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.
Claim(s) 1-9, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin, US 20220206342 A1 in view of Kim et al., KR 20190012422 A (all citations will be made to the English language translation provided by Espacenet)
Regarding claim 1, Shin discloses “A display device, comprising: a first light source unit (211 and 221, Fig. 2) including a plurality of first light sources (seen in Fig. 8); a light controller (410, Fig. 2) disposed on the first light source unit and ; a second light source unit (212, Fig. 2) disposed on the light controller (seen in Fig. 7AB) and including a plurality of second light sources (seen in Fig. 8) ; a light guide plate (222, Fig. 2) disposed parallel to the second light source unit configured to guide light provided from the second light source unit; and
a display panel (100, Fig. 2) disposed on the light guide plate, the display panel comprising an active area and configured to display an image using light provided from the first light source unit or the second light source unit (¶ [00043]),
wherein the light controller includes a plurality of partitions (413, Fig. 5) overlapping at least a partial area of the active area (seen in Fig. 2), and the plurality of partitions are separated from each other (seen in Fig. 2 and 5)”.
However, Shin does not disclose the plurality of partitions “ have different heights in each area.”
Kim teaches a display device with a light controller (1510, Fig. 3 and 6) and the partitions (1520, Fig. 6) have different heights (seen in Fig. 6).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to modify the partitions, as taught by Shin, to have different heights, such as taught by Kim. One of ordinary skill in the art would have been motivated to have partitions of different heights for altering the amount of light emitted in different directions, for applications such as controlling the light according to the user’s viewing position, and preventing images from unwanted directions (Kim, ¶ [0120-0123, 0126-0127]).
Regarding claim 2, Shin in view of Kim discloses the invention of claim 1, as cited above, and further discloses “the active area includes: a first area in which an image is displayed at a first viewing angle in a first mode and a second mode; and a second area in which an image is displayed at the first viewing angle in the first mode and an image is displayed at a second viewing angle which is smaller than the first viewing angle in the second mode (since the partitions have different heights, as taught by Kim, this creates different viewing angles for different areas).
Regarding claim 3, Shin in view of Kim discloses the invention of claim 2, as cited above, and further discloses “heights of the plurality of partitions are decreased from the second area toward the first area (seen in Kim Fig. 6, the heights can decrease gradually in one direction)”.
Regarding claim 4, Shin in view of Kim discloses the invention of claim 2, as cited above, and further discloses “the plurality of partitions includes: a plurality of first partitions having a first height, the plurality of first partitions being disposed on a first sub area which is a partial area of the first area ; a plurality of second partitions having a second height greater than the first height, the plurality of partitions being disposed on a second sub area which is a partial area of the second area ; and a plurality of third partitions disposed on a third sub area between the first sub area and the second sub area and having a height between the first height and the second height (seen in Kim Fig. 6, since the heights are increasing gradually in one direction, they can be divided into three sub areas, and the third area between the second and first area have a height between the two).
Regarding claim 5, Shin in view of Kim discloses the invention of claim 4, as cited above, and further discloses “the height of each of the plurality of third partitions is decreased from the second sub area toward the first sub area (seen in Kim Fig. 6, since the heights are increasing gradually in one direction, the first sub area has the lowest heights, and the third sub area partitions are decreasing in height toward the first).
Regarding claim 6, Shin in view of Kim discloses the invention of claim 4, as cited above, and further discloses “the third sub area includes a boundary line between the first area and the second area (seen in Kim Fig. 6, since the partitions extend from one side to another, they create a boundary line).
Regarding claim 7, Shin in view of Kim discloses the invention of claim 1, as cited above, and further discloses “each of the plurality of partitions has a quadrangular columnar shape (seen in Shin Fig. 2 and 5, rectangular shape).”
Regarding claim 8, Shin in view of Kim discloses the invention of claim 7, as cited above, and further discloses “each of the plurality of partitions has a rectangular or trapezoidal side surface (seen in Shin Fig. 2 and 5, rectangular shape; additionally, Kim Fig. 5-6 show trapezoidal).”
Regarding claim 9, Shin in view of Kim discloses the invention of claim 1, as cited above, and further discloses “a center axis of each of the plurality of partitions is inclined from a direction perpendicular to the active area (seen in Kim Fig. 6).”
Regarding claim 16, Shin in view of Kim discloses the invention of claim 1, as cited above, and further discloses “an optical sheet between the first light source unit and the light controller (Shin, 230a, Fig. 3).
Regarding claim 17, Shin in view of Kim discloses the invention of claim 2, as cited above, and further discloses “the second area is adjacent to the first area (the areas can be divided such that they are adjacent to each other).”
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Matsumoto et al., US 2016/0291389 A1.
Regarding claim 10, Shin “A display device, comprising: a cover (250, Fig. 3); a first light source unit (211, Fig. 3) disposed on a bottom portion of the cover and disposed on a bottom portion of the cover and including a plurality of first light sources (seen in Fig. 4);
an optical sheet (230a, Fig. 3) disposed on the first light source unit and having one end supported by a first side portion of the cover and the other end supported by a second side portion of the cover (seen in Fig. 3, the cover surrounds the sheet); a first fixing member (500, Fig. 3) disposed above the one end of the optical sheet; … a light controller (410, Fig. 3) disposed on the optical sheet and having one end supported by the first fixing member and ..; a light guide plate (222, Fig. 3) disposed on the light controller and having one end supported by a third side portion of the cover and the other end supported by a fourth side portion of the cover; a second light source unit (212, Fig. 3) disposed to be parallel to the light guide plate and including a plurality of second light sources (seen in Fig. 4); and a display panel (100, Fig. 2) disposed on the light guide plate, the display panel comprising an active area and configured to display an image using light provided from the first light source unit or the second light source unit (¶ [00043]).
However, Shin does not explicitly disclose “a second fixing member (AG, Fig. 3) disposed above the other end of the optical sheet” and “the other end [of the light controller] supported by the second fixing member”.
Matsumoto teaches a display apparatus with light modifiers (3, Fig. 3) and two portions of support members (4 and 40, Fig. 3) that are on opposite ends below the modifiers supporting them at an incline (seen in Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to modify the display device, as taught by Shin, to include additional support member that will incline the modifiers, such as taught by Matsumoto. One of ordinary skill in the art would have been motivated to include such a support member for providing extra support to the modifiers (Matsumoto, ¶ [0010]) and reducing brightness unevenness (Matsumoto, ¶ [0055]).
Regarding claim 11, Shin in view of Matsumoto discloses the invention of claim 10, as cited above, and further discloses “a height of the first fixing member is different from a height of the second fixing member (seen in Matsumoto Fig. 3)”
Regarding claim 12, Shin in view of Matsumoto discloses the invention of claim 10, as cited above, and further discloses “the first side portion and the second side portion are disposed on the same plane (seen in Shin Fig. 3, the cover portions around the optical sheet would be on the same plane since the sheets are planar);
the third side portion is disposed on the first side portion (the left side of the cover near light guide 222, Fig. 3) ; and
the fourth side portion is disposed on the second side portion and is disposed on the same plane as the third side portion (seen in Shin Fig. 3, the cover portions around the light guide 222 would be on the same plane since the light guide is planar);.
Regarding claim 13, Shin in view of Matsumoto discloses the invention of claim 10, as cited above, and further discloses “the light controller is inclined from a direction parallel to the active area (as modified by Matsumoto Fig. 3, the light controller would be inclined from the display panel).”
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Kim and Matsumoto.
Regarding claim 14, Shin in view of Kim discloses the invention of claim 10, as cited above, and further discloses “A display device comprising: a cover (250, Fig. 3); a first light source unit (211, Fig. 3) which is disposed on a bottom portion of the cover and including a plurality of first light sources (seen in Fig. 4); an optical sheet (230a, Fig. 3) disposed on the first light source unit and having one end supported by a first side portion of the cover and the other end supported by a second side portion of the cover (seen in Fig. 3, the cover surrounds the sheet);
a light controller (410, Fig. 3) which is disposed on the optical sheet;
a light guide plate (222, Fig. 3) which is disposed on the light controller and having one end supported by a third side portion of the cover and the other end supported by a fourth side portion of the cover (seen in Fig. 3, the cover surrounds the light guide plate) ;
a second light source unit(212, Fig. 3) which is disposed to be parallel to the light guide plate and including a plurality of second light sources (seen in Fig. 4); and a display panel (100, Fig. 2)disposed on the light guide plate, the display panel comprising an active area and configured to display an image using light provided from the first light source unit or the second light source unit (¶ [00043]), wherein:
the light controller includes a plurality of partitions (413, Fig. 5; 423, Fig. 6) overlapping at least a partial area of the active area, and the plurality of partitions are separated from each other (seen in Fig. 5-6)… ;
However, Shin does not disclose the partitions “have different heights” and “and a height from the bottom portion of the cover to a top surface of the first side portion is different from a height from the bottom portion of the cover to the second side portion.”
Kim teaches a display device with a light controller (1510, Fig. 3 and 6) and the partitions (1520, Fig. 6) have different heights (seen in Fig. 6).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to modify the partitions, as taught by Shin, to have different heights, such as taught by Kim. One of ordinary skill in the art would have been motivated to have partitions of different heights for altering the amount of light emitted in different directions, for applications such as controlling the light according to the user’s viewing position, and preventing images from unwanted directions (Kim, ¶ [0120-0123, 0126-0127]).
Matsumoto teaches a display apparatus with light modifiers (3, Fig. 3) and two portions of support members (4 and 40, Fig. 3) that are on opposite ends below the modifiers supporting them at an incline (seen in Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to modify the display device, as taught by Shin, to include additional support member that will incline the modifiers, such as taught by Matsumoto. One of ordinary skill in the art would have been motivated to include such a support member for providing extra support to the modifiers (Matsumoto, ¶ [0010]) and reducing brightness unevenness (Matsumoto, ¶ [0055]).
Regarding claim 15, Shin in view of Kim and Matsumoto discloses the invention of claim 14, as cited above, and further discloses “the optical sheet and the light controller are inclined from a direction parallel to the active area (seen in Matsumoto Fig. 3).”
Conclusion
The prior art made of record on the PTO-892 but not relied upon, above, are pertinent to Applicant's disclosure because they disclose a display device with a light controller with separated partitions
Kwon, US 2026/0251838 A1
Lee et al., US 2024/0219757 A1
Kim et al., US 2021/0193971 A1
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/MICHAEL CHIANG/Patent Examiner, Art Unit 2875
/KEITH G. DELAHOUSSAYE/Primary Examiner, Art Unit 2875
