`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`12/938,515
`
`11/03/2010
`
`Yasuo IMANISHI
`
`1497.51186X00
`
`3611
`
`20457
`
`7590
`
`11/05/2014
`
`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 550
`ARLINGTON, VA 22209-3873
`
`STRAH,ELID
`
`1782
`
`MAIL DATE
`
`11/05/2014
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/938,515 IMANISHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`1782ELI D. STRAH its“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 8 September 2014.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 12 4-6 8-12 and 14-18 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)|:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 12468- 12 and 14- 18 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt Z/I’\WII‘IN.USDI.O. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 03 November 2010 is/are: a)lX| accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20141030
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Status of Claims
`
`2.
`
`3.
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`4.
`
`Claims 1, 2, 4-6, 8-12, and 14-18 are pending in the current application.
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`Claims 1, 2, 11, 12 are amended in the current application.
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`Claims 3, 7, 13, and 19 are cancelled in the current application.
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`Response to Arguments
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`5.
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`Applicant’s amendments and remarks filed September 8, 2014 have been fully
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`considered.
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`6.
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`Applicant requests withdrawal of the objections over claim 2 set forth in the
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`previous office action.
`
`a.
`
`The objections over claim 2 set forth in the previous office action are
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`withdrawn due to claim amendments.
`
`7.
`
`Applicant requests withdrawal of the 35 U.S.C. 112 151 paragraph rejections over
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`claims 1, 2, 4-6, 8-12, and 14-18 set forth in the previous office action.
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`

`

`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 3
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`b.
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`The 35 U.S.C. 112 1St paragraph rejections over claims 1, 2, 4-6, 8-12,
`
`and 14-18 set forth in the previous office action are withdrawn due to claim
`
`amendments.
`
`8.
`
`Applicant requests withdrawal of the 35 U.S.C. 112 2nd paragraph rejections over
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`claims 11 and 12 set forth in the previous office action.
`
`c.
`
`The 35 U.S.C. 112 2nd paragraph rejections over claims 11 and 12 set
`
`forth in the previous office action are withdrawn due to claim amendments.
`
`9.
`
`Applicant requests withdrawal of the non-statutory obviousness-type double
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`patenting rejection over co-pending (now allowed, but no yet published) application
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`13/253998 in view of Kanbe and in view of Gibbons.
`
`d.
`
`The non-statutory obviousness-type double patenting rejection over co-
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`pending (now allowed, but no yet published) application 13/253998 is withdrawn
`
`due to claim amendments.
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`10.
`
`Applicant argues that Kanbe and Tsutsui do not teach the claimed phosphoric
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`acid group or phosphoester groups of the present claims.
`
`e.
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`This argument is moot in view of the new grounds of rejection established
`
`below as necessitated by claim amendments. Additionally, Tsutsui is utilized as
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`an evidentiary reference in the rejections below, and is not relied upon to
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`disclose the features of the presently claimed invention.
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`

`

`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 4
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`Claim Objections
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`11.
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`Claim 9 is objected to because of the following informalities: claim 9 recites
`
`given th_e liquid crystal alignment capability...”; “the liquid crystal alignment capability” is
`
`not previously recited in the present claim nor the claim 1 from which it is dependent.
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`Claim 9 should be amended to recite given a liquid crystal alignment capability...”.
`
`12.
`
`Claim 10 is objected to because of the following informalities: claim 10 recites
`
`given th_e liquid crystal alignment capability...”; “the liquid crystal alignment
`
`capability” is not previously recited in the present claim nor the claim 1 from which it is
`
`dependent. Claim 10 should be amended to recite
`
`given a liquid crystal alignment
`
`capability...”.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically
`disclosed or described as set forth in section 102 of this title, if the
`differences between the subject matter sought to be patented and the
`prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary
`skill in the art to which said subject matter pertains. Patentability shall not
`be negatived by the manner in which the invention was made.
`
`13.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`2. Ascertaining the differences between the prior art and the claims at issue.
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`

`

`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 5
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`3. Resolving the level of ordinary skill in the pertinent art.
`4. Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
`
`14.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
`
`of the various claims was commonly owned at the time any inventions covered therein
`
`were made absent any evidence to the contrary. Applicant is advised of the obligation
`
`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
`
`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
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`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
`
`15.
`
`Claims 1, 2, 8-11, 15, and 16 are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over Matsumori et al. (US 2005/0088598 A1), in view of
`
`Kuromatsu et al. (JP 2002-121281 A, herein English Machine translation provided
`
`by http:/l dossier1.ipd|.inpit.go.jp/ AIPN/ odse_top_dn.ipd|?N0000=7400 is used
`
`for all citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as
`
`evidenced by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid
`
`Groups on Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A:
`
`Polymer Chemistry, Vol 44, Pgs 3995-4005).
`
`16.
`
`Regarding Claims 1, 2, 15, and 16, Matsumori teaches a liquid crystal display
`
`that includes a pair of substrates where one substrate is transparent, a liquid crystal
`
`layer arranged between the substrates, a plurality of electrodes formed on at least one
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`substrate for applying an electric field to the liquid crystal layer, a plurality of active
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`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 6
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`elements connected to the electrodes, and an alignment layer (i.e. orientation film)
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`formed on each of the surfaces of the substrates. An organic insulating film (i.e.
`
`interlayer) is formed between the alignment layer and the electrodes, where the
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`electrodes include common electrodes and source electrodes (i.e. pixel electrodes)
`
`(Matsumori, Abstract, [0026]-[0027], [0030], [0036]-[0038], [0070]-[0072], Figure 6).
`
`Matsumori further teaches the alignment layer is formed of a polyimide having a
`
`structure similar to formula (1) of claims 1 and 2 of the present invention, because it is
`
`well-known in the art that polyimides are formed by reacting diamines and dianhydrides
`
`together to yield such a structure of formula (1) as evidenced by Tsutsui (Tsutsui,
`
`[0005], [0038], [0048]-[0061], formulae 2-1 and 2-2). The polyimide alignment film is
`
`formed by coating (i.e. casting) the polyimide solution on a substrate and then bake to
`
`remove solvent (Matsumori, [0075]). The polyimide is formed with pyromellitic acid
`
`dianhydride and 1,2,3,4-cyclobutane tetra carbonic acid dianhydride; these two
`
`anhydrides satisfy the tetravalent organic “X-1 ” and “X-2” group of the present invention.
`
`(Matsumori, [0098]-[0099], [01591-[01so], formulae [1]-[4]).
`
`
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`Matsumori Dianhydrides
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`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 7
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`Matsumori discloses divalent organic groups similar to group “A” of formula (1) of claims
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`1 and 2 (diamines of formulae [1] and [2] of Matsumori [0098]) as seen below.
`
`
`
`Matsumori Divalent Diamines
`
`17. Matsumori remains silent regarding divalent organic groups (“A”) that also
`
`comprise a chemical structure “D” of an anionic organic acid/acid ester except
`
`carboxylic acids/acid esters.
`
`18.
`
`Kuromatsu, however, teaches a polyimide film useful as a proton conductive film
`
`and useful in optical waveguides (Kuromatsu, [0001]-[0002], [0004]). Kuromatsu
`
`teaches the polyimide is preferably formed with pyromellitic acid dianhydride from the
`
`standpoint of ease of synthesis, ease of film formation, and physical properties; where
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`pyromellitic acid dianhydride is identical to the structure (X-1) required by the present
`
`claims (Kuromatsu, [0005], [0021]). Kuromatsu teaches specific diamine structures for
`
`forming the polyimide films that have proton conductivity substituents, where the
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`diamines satisfy the divalent “A” structure of the present claims and have sulfonic
`
`groups directly bonded to non-conjugated alkyl and alkoxy groups. Kuromatsu explicitly
`
`discusses that the substituent having proton conductivity preferably includes sulfonic
`
`groups and phosphonate groups from the standpoint of easy proton dissociation
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`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 8
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`allowing for high proton conductivity (Kuromatsu, [0024]-[0026], [0029]-[0030],
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`[Chemical formulae 10, 11]). Kuromatsu remains silent regarding specific embodiments
`
`of diamines having phosphonate groups, however, it would have been obvious to one of
`
`ordinary skill in the art at the time of the invention to substitute the sulfonic groups in the
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`specific embodiments of [Chemical formula 10] or [Chemical formula 11] with
`
`comparable phosphonate groups since Kuromatsu clearly establishes that sulfonic
`
`groups and phosphonates are the preferred proton conductivity substituents over the
`
`listed alternatives (see MPEP 2144.06). Furthermore, it is well-known in the art to
`
`synthesize such phosphonate substituent containing diamine structures as evidenced
`
`by Yasuda et al. (Yasuda, Pgs 3996-4002, Schemes 1, 2, 3).
`
`19.
`
`Since Matsumori and Kuromatsu both teach polyimide films formed with
`
`pyromellitic acid anhydrides and diamines for use in films for optical applications, it
`
`would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`substitute or additionally include the divalent phosphonated diamines of Kuromatsu (that
`
`satisfy groups “A” and “D” of chemical formula (1) of the claims) into the polyimide of
`
`Matsumori to yield an orientation film with high proton conductivity, reduced double
`
`refraction factor, and improved transmissivity as taught by Kuromatsu (Kuromatsu,
`
`[0025][0049D.
`
`20.
`
`Regarding Claim 8, modified Matsumori further teaches the polyimide is formed
`
`from a polyamide acid that undergoes a ring closing reaction (imidization reaction)
`
`(Kuromatsu, [0042]).
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`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 9
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`21.
`
`Regarding Claim 9, modified Matsumori further teaches the alignment film is give
`
`liquid crystal alignment capability through a photoalignment process (Matsumori, [0020]-
`
`[0023D.
`
`22.
`
`Regarding Claim 10, modified Matsumori further teaches the alignment film is
`
`give liquid crystal alignment capability through a rubbing process (Matsumori, [0011]-
`
`[0013], [0032], [0046]).
`
`23.
`
`Regarding Claim 11, modified Matsumori further teaches the liquid crystal display
`
`device where the boundary in contact between the liquid crystal layer and the alignment
`
`layer is estimated at about 20 to 40 nm. The configuration as stated above provides a
`
`liquid crystal display with superior settlement of the black level (Matsumori, [0014]-
`
`[0019]). Modified Matsumori does not teach the exact same range as recited in the
`
`instant claims (range of up to 20 nm). However, one of ordinary skill in the art at the
`
`time of the invention would have considered the invention to have been obvious
`
`because the range taught by modified Matsumori (20 to 40 nm) substantially overlaps
`
`with the claimed range, and therefore establishes a prima facie case of obviousness.
`
`It
`
`would have been obvious to one of ordinary skill in the art to form a liquid crystal display
`
`device with boundary range between the liquid crystal layer and alignment layer within
`
`the instantly claimed range from the range disclosed in the prior art reference,
`
`particularly in view of the fact that; “The normal desire of scientists or artisans to
`
`improve upon what is already generally known provides the motivation to determine
`
`where in a disclosed set of percentage ranges is the optimum combination of
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`

`

`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 10
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`percentages”, In re Peterson, 65 USPQ 2d 1379 (CAFC 2003) (see MPEP 2144.05, |
`
`and II).
`
`24.
`
`Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et al. (JP 2002-
`
`121281 A, herein English Machine translation provided by http://
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipdl?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claim 1 above, and in further view
`
`of Matsumori et al. (US 2009/0053430 A1, herein Matsumori ’430).
`
`25.
`
`Regarding Claim 4, modified Matsumori teaches the liquid crystal display as
`
`discussed for claim 1 above. Modified Matsumori further teaches that the alignment
`
`layer is formed of material capable of controlling the orientation of liquid crystal particles
`
`(Matsumori, [0027]).
`
`26.
`
`Modified Matsumori remains silent regarding an alignment layer formed of a
`
`mixture of the aforementioned polyimide and a different polymer.
`
`27. Matsumori ‘430, however, teaches a substantially similar liquid crystal display
`
`(Matsumori ‘430, Abstract, [0035]-[0039], [0049]-[0050], Fig. 20). Matsumori ‘430
`
`further teaches the orientation film is formed of a mixture of the polyimide and
`
`polyamide acid ester (Matsumori ‘430, [0023]-[0024], [0033]—[0036]).
`
`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 11
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`28.
`
`Since modified Matsumori and Matsumori ‘430 both teach substantially similar
`
`liquid crystal displays comprising orientation layers comprising polyimides, it would have
`
`been obvious to one of ordinary skill in the art at the time of the invention to have added
`
`an additional polyamide acid ester polymer to the orientation layer composition to yield
`
`a layer that improves stability of liquid crystal orientation and effectively suppresses
`
`image persistence as taught by Matsumori ‘430 (Matsumori ‘430, [0023]-[0024], [0033]-
`
`[0036D.
`
`29.
`
`Claim 5 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et al. (JP 2002-
`
`121281 A, herein English Machine translation provided by http:/l
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipd|?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claim 1 above, and in further view
`
`of Yoo et al. (WO 2010/080010 A2, herein US 2011/0213048 A1 used as English
`
`language equivalent).
`
`30.
`
`Regarding Claim 5, modified Matsumori teaches the liquid crystal display device
`
`as discussed for claim 1 above.
`
`31.
`
`Modified Matsumori remains silent regarding an orientation film that has a
`
`concentration of the "D" chemical structure distributed to be a lower concentration on
`
`the substrate side toward the liquid crystal side in the thickness direction.
`
`

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`Application/Control Number: 12/938,515
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`Art Unit: 1782
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`Page 12
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`32.
`
`Yoo, however, teaches an alignment layer (is. an orientation film) having a
`
`compositional gradient of a photoreaotive polymer having a functional substituent group.
`
`The photoreaotive polymer having a functional substituent group (is. the alignment
`
`layer material) is present in larger quantities nearer to the liquid crystal side and smaller
`
`quantities toward the substrate side. The compositional gradient improves the
`
`capabilities to better orient liquid crystals, improves the orientation rate, and improves
`
`adhesion properties (Yoo, Abstract, [0036]).
`
`33.
`
`Since modified Matsumori and Yoo both teach orientation films for aligning liquid
`
`crystals, it would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to form the orientation film of modified Matsumori with polyimide (having
`
`chemical structure “D”) in a compositional gradient to optimize film properties just as
`
`Yoo teaches forming an alignment layer of a photoreaotive polymer with a functional
`
`chemical structure in a compositional gradient to improve liquid crystal orientation
`
`capabilities, improve orientation rate, and improve adhesion properties (see MPEP
`
`2143, c, D, & G).
`
`34.
`
`Additionally, Claim 5 is rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Matsumori et al. (US 2005/0088598 A1) in view of Kuromatsu et
`
`al. (JP 2002-121281 A, herein English Machine translation provided by http:/l
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipd|?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 13
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claim 1 above, and in further view
`
`of Teranishi et al. (US 2003/0032690 A1).
`
`35.
`
`Regarding Claim 5, modified Matsumori teaches the liquid crystal display device
`
`as discussed for claim 1.
`
`36.
`
`Modified Matsumori remains silent regarding an orientation film that has a
`
`concentration of the "D" chemical structure distributed to be a lower concentration on
`
`the substrate side toward the liquid crystal side in the thickness direction.
`
`37.
`
`Teranishi, however, teaches a film layer for use in an optical element comprising
`
`a polymerizable compound, where the polymerizable compound has a concentration
`
`distribution that changes as measured vertically to the surface of the layer (is. in the
`
`thickness direction of the layer). The concentration distribution of the polymerizable
`
`compound in the thickness direction of the layer allows for better control of the selective
`
`reflection wavelength range and realization of a broad reflection wavelength range
`
`(Teranishi, [0005]-[0006]).
`
`38.
`
`Since modified Matsumori and Teranishi both teach polymeric films for use in
`
`optical elements, it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to form the orientation film of modified Matsumori with polyimide (having
`
`chemical structure “D”) having a concentration distribution in the thickness direction of
`
`the film to optimize film properties just as Teranishi teaches forming an optical element
`
`layer of a polymerizable compound having a concentration distribution in the thickness
`
`direction of the film to allow for better control of selective reflection wavelength ranges
`
`and realize broad reflection wavelength ranges (see MPEP 2143, C, D, & G).
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 14
`
`39.
`
`Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et al. (JP 2002-
`
`121281 A, herein English Machine translation provided by http://
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipdl?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claim 1 above, and in further view
`
`of Hedrick et al. (NPL Nanoporous Polyimides).
`
`40.
`
`Regarding Claim 6, modified Matsumori teaches the liquid crystal display as
`
`discussed above for claim 1.
`
`41.
`
`Modified Matsumori remains silent regarding an orientation film that contains
`
`pores having a mean pore size of at most 100 nm and the film has a dielectric constant
`
`of at most 2.0.
`
`42.
`
`Hedrick, however, teaches foamed polyimides used to form thin film dielectric
`
`layers with very low dielectric constants for microelectronic devices. These systems
`
`comprise pores in the nanometer range, where the average size of the pores is
`
`approximately 60 angstroms. These thin film foams have high thermal stability and low
`
`dielectric constants approaching 2.0. Hedrick also discusses how volume fraction of
`
`low dielectric material (i.e. air in the nano pores) directly affects the composite dielectric
`
`constant of the overall porous material (Hedrick, Pgs 1, 4-5, 28-29, Fig 1). Hedrick does
`
`not teach the exact same range as recited in the instant claims (dielectric constant of at
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 15
`
`most 2.0). However, one of ordinary skill in the art at the time of the invention would
`
`have considered the invention to have been obvious because the range taught by
`
`Hedrick (dielectric constant approaching 2.0) potentially overlaps with the claimed range
`
`of dielectric constant of at most 2.0 and Hedrick identifies the correlation between
`
`volume fraction/composite dielectric constant for nanoporous materials to achieve even
`
`lower dielectric constant values, and therefore Hedrick establishes a prima facie case of
`
`obviousness over the claimed invention.
`
`It would have been obvious to one of ordinary
`
`skill in the art to form a nanoporous polyimide foam film with a dielectric constant within
`
`the instantly claimed range from the range and teachings disclosed in the prior art
`
`reference, particularly in view of the fact that; “The normal desire of scientists or artisans
`
`to improve upon what is already generally known provides the motivation to determine
`
`where in a disclosed set of percentage ranges is the optimum combination of
`
`percentages”, In re Peterson, 65 USPQ 2d 1379 (CAFC 2003) and also “[W]here the
`
`general conditions of a claim are disclosed in the prior art, it is not inventive to discover
`
`the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454,
`
`456, 105 USPQ 233, 235 (CCPA 1955) (see MPEP 2144.05, land ll).
`
`43.
`
`Since modified Matsumori teaches a polyimide-based orientation film and
`
`Hedrick teaches a polyimide film with good dielectric properties for microelectronic
`
`devices, it would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to form the polyimide-based orientation film of modified Matsumori as a
`
`nanoporous polyimide thin film structure to yield an orientation film having high thermal
`
`stability and low dielectric constant as taught by Hedrick.
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 16
`
`44.
`
`Claim 12 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et al. (JP 2002-
`
`121281 A, herein English Machine translation provided by http://
`
`dossier1.ipdl.inpit.go.jp/ AlPN/ odse_top_dn.ipdl?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claim 1 above, and in further view
`
`of Gibbons et al. (US 6491988).
`
`45.
`
`Regarding Claim 12, modified Matsumori teaches the liquid crystal display as
`
`discussed above for claim 1.
`
`46.
`
`Modified Matsumori remains silent regarding crosslinking of the orientation film.
`
`47.
`
`Gibbons, however, further teaches polyimides formed with crosslinking diamines,
`
`and teaches that cross-linking reactions are induced after liquid crystal alignment.
`
`Gibbons describes that polyimides that have crosslinking groups that undergo such
`
`crosslinking have higher sensitivity to polarized light and improved electrical properties
`
`compared to polyimides without crosslinking structure (Gibbons, Abstract, Col 6, Lines
`
`1-5, Col 8, Lines 62-67).
`
`48.
`
`Since modified Matsumori and Gibbons both teach substantially similar polyimide
`
`alignment films for use in liquid crystal display devices, it would have been obvious to
`
`one or ordinary skill in the art at the time of the invention to add the crosslinking
`
`diamines of Gibbons into the polyimide of modified Matsumori to yield an orientation
`
`

`

`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 17
`
`layer having higher sensitivity to polarized light and improved electrical properties as
`
`taught by Gibbons.
`
`49.
`
`Claim 14 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et al. (JP 2002-
`
`121281 A, herein English Machine translation provided by http:/l
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipd|?N0000=7400 is used for all
`
`citations), as evidenced by Tsutsui et al. (US 2006/0142538 A1), and as evidenced
`
`by Yasuda et al. (Synthesis and Properties of Polyimides Bearing Acid Groups on
`
`Long Pendant Aliphatic Chains, Journal of Polymer Science: Part A: Polymer
`
`Chemistry, Vol 44, Pgs 3995-4005) as applied to claims 1 and 2 above, and in
`
`further view of Adachi et al. (US 2004/0113550 A1).
`
`50.
`
`Regarding Claim 14, modified Matsumori teaches the liquid crystal display as
`
`discussed above for claims 1 and 2. Modified Matsumori further teaches where the
`
`alignment layer is a polyimide having a thickness of about 100 nm (Matsumori, [0098]).
`
`Furthermore, the liquid crystal display device comprises a common electrode film with
`
`thickness of about 70 nm (Matsumori, [0096]). Modified Matsumori discusses the
`
`thicknesses of the alignment layer and the electrode layers, where reducing the
`
`thickness of the alignment layer is effective for applying a voltage to the liquid crystal
`
`layer for driving the liquid crystal particles, and an excessively thick electrode would
`
`make a bulky stepped structure of the thin film transistor substrate surface and make it
`
`impossible to coat the alignment film uniformly over the surface of the electrode. When
`
`these production problems are obviated, the occurrence of display defects is reduced
`
`

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`Application/Control Number: 12/938,515
`
`Art Unit: 1782
`
`Page 18
`
`and a large-size liquid crystal display having high image quality with an improved
`
`contrast ratio can be achieved (Matsumori, [0052]-[0053]).
`
`51.
`
`Modified Matsumori remains silent regarding an alignment layer (orientation film)
`
`that is a planarizing film for the common or pixel electrode layer.
`
`52.
`
`Adachi, however, teaches a light-emitting display device comprising electrodes
`
`formed on a substrate, where an organic planarizing layer material is utilized to cover
`
`the driving devices and wiring lines of the electrodes. The organic planarizing layer
`
`material can be polyimide. By planarizing the surface on the wiring and driving devices
`
`(is. electrode layer components) an extensive light emitting area can be obtained and a
`
`bright display device can be realized (Adachi, [0086]).
`
`53.
`
`Since modified Matsumori and Adachi both teach display devices and Adachi
`
`identifies that a polyimide layer can be utilized as a planarizing layer over electrode
`
`component layers, it would have been obvious to one of ordinary skill in the art at the
`
`time of the invention that the polyimide alignment layer (i.e. orientation film) would
`
`function as a planarizing film for an electrode layer in the liquid crystal display device of
`
`modified Matsumori to yield an extensive light emitting area realizing a bright display
`
`device as taught by Adachi.
`
`54.
`
`Claims 17 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Matsumori et al. (US 2005/0088598 A1), in view of Kuromatsu et
`
`al. (JP 2002-121281 A, herein English Machine translation provided by http:/l
`
`dossier1.ipdl.inpit.go.jp/ AIPN/ odse_top_dn.ipd|?N0000=7400 is used for all
`
`citations