`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
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`15/882,702
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`01/29/2018
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`IkukO MORI
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`20326.0123U301
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`9020
`
`53148
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`759°
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`09/23/20”
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`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
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`MINNEAPOLIS, MN 55402-1683
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`MERLIN'JESSICAM
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`ART UNIT
`2871
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`09/23/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`PTOMail@hsml.eom
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`PTOL-90A (Rev. 04/07)
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`
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`0/7709 A0170” Summary
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`Application No.
`15/882,702
`Examiner
`JESSICA M MERLIN
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`Applicant(s)
`MORI et al.
`Art Unit
`2871
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
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`Status
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`1). Responsive to communication(s) filed on September 5, 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s) 3,7 and 9 is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`Claim(s) 1—2,4—6,8 and 10 is/are rejected.
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`C] Claim(s) _
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`is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on January 29, 2018 is/are: a). accepted or b)C] 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).
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`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)|:] Some**
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No.
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`3D 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190918
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA 0r AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`2.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`Election/Restrictions
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`3.
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`Claims 3, 7, and 9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as
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`being drawn to a nonelected species, there being no allowable generic or linking claim. Election
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`was made without traverse in the reply filed on September 5, 2019.
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`Claim Rejections - 35 US C § 112
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`4.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.7The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
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`The following is a quotation of 35 U.S.C. 112 (pre—AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`5.
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`Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention.
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 3
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`6.
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`In regard to claim 6, the limitation, “the glass substrate or the film substrate is not
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`disposed except for the first substrate between the first liquid crystal layer and the second liquid
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`crystal layer” renders the scope of the claim unclear. Namely, it is not clear how many
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`substrates applicant is disposing within the device. For examination purposes, it is presumed
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`there is only one substrate between the upper and lower liquid crystal layers.
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`Claim Rejections - 35 US C § 102
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`7.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless ,
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`(a)(l) 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.
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`8.
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`Claims 1, 2, 4, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
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`by Nakai et al. (US 2009/0147186 A1).
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`In regard to claim 1, Nakai et al. discloses a liquid crystal display device in which a
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`plurality of display panels are disposed so as to twerlap each otl'iei‘, each oi" the display panels
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`displaying an image, the liquid crystal display device comprising {see eg. Figure I )1
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`a first substrate thi;
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`a second substrate fill} disposed opposite to the first substrate 21% in a first direction;
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`a first liq aid crystal layer 23-26 disposed between the first substrate Eli? and the second
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`substrate Elli;
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`a third substrate (not labeled, in lower panel) disposed opposite to the first substrate 21%
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`in a second direction that is an opposite direction to the first direction; and
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 4
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`a second liquid crystal layer {not labeled, in lower panel) disposed between the first
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`substrate 210 and the third substrate,
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`In regard to claim 2, Nakai et al. discloses the limitations as applied to claim 1 above,
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`and (see e.g. Figures 1, 3, and 2]):
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`wherein the first substrate 210 includes a first surface on a side of the first direction and a
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`second surface opposite to the first surface on a side of the second direction, a first gate line 201,
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`a first source line 204, a first insulator (see e. g. paragraph [0215]), an electrode constituting a
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`first thin film transistor 203, and a first pixel electrode 208 are formed on the first surface of the
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`first substrate 210, and a diffusion layer LIGHT DIFFUSION LAYER and a polarizing layer
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`POLARIZER B are formed on the second surface of the first substrate 210.
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`In regard to claim 4, Nakai et al. discloses the limitations as applied to claim 1 above,
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`and
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`wherein the first substrate 210 includes a first surface on a side of the first direction and a
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`second surface opposite to the first surface on a side of the second direction, and an alignment
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`film 225, unlabeled on lower display,
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`is formed on the first surface and the second surface of the
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`first substrate 210.
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`In regard to claim 5, Nakai et al. discloses the limitations as applied to claim 2 above,
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`and
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`wherein an alignment film (i. e. unlabeled on lower display) is formed on the second
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`surface of the first substrate 210, and the alignment film is in contact with the diffusion layer or
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`the polarizing layer POLARIZER B (i. e. via indirect thermal contact).
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`In regard to claim 8, Nakai et al. discloses the limitations as applied to claim 2 above,
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`and
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 5
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`wherein a black matrix 224 and a color filter 221 are formed on the second substrate 210,
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`and a second gate line 201, a second source line 204, a second insulator (see 6. g. paragraph
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`[0215]), an electrode constituting a second thin film transistor 203, and a second pixel electrode
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`are formed on the third substrate 208 (see 6. g. paragraph [0195]).
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`Claim Rejections - 35 US C § 103
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`9.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`10.
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`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nakai et al. (US
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`2009/0147186 A1) in View of Oh et al. (US 2008/0272375 A1).
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`In regard to claim 6, Nakai et al. discloses the limitations as applied to claim 1 above,
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`and
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`wherein the first substrate 210 includes a glass substrate or a film substrate (see 6. g.
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`paragraph [0246]), the first substrate 210 is disposed between the first liquid crystal layer 226
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`and the second liquid crystal layer (Le. unlabeled in lower display).
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`Nakai et al. fails to disclose
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`the glass substrate or the film substrate is not disposed except for the first substrate
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`between the first liquid crystal layer and the second liquid crystal layer.
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`However, Oh et al. discloses (see 6. g. Figure 2):
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`the glass substrate or the film substrate is not disposed except for the first substrate 100
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`between the first liquid crystal layer 3q and the second liquid crystal layer 3p.
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 6
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`Given the teachings of Oh et al., it would have been obvious to one of ordinary skill in
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`the art before the effective filing date of the claimed invention to modify the display device of
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`Nakai et al. with the glass substrate or the film substrate is not disposed except for the first
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`substrate between the first liquid crystal layer and the second liquid crystal layer.
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`Doing so would provide a reduced weight of the display be eliminating a substrate.
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`11.
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`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nakai et al. (US
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`2009/0147186 A1) in View of Okazaki et al. (US 2010/0103148 A1).
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`In regard to claim 10, Nakai et al. discloses the limitations as applied to claim 8 above,
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`but fails to disclose
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`wherein a number of second pixel electrodes per unit area is smaller than a number of
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`first pixel electrodes per unit area.
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`However, Okazaki et al. discloses (see 6. g. Figure I):
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`wherein a number of second pixel electrodes 106 per unit area is smaller than a number
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`of first pixel electrodes 205 per unit area.
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`Given the teachings of Okazaki et al., it would have been obvious to one of ordinary skill
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`in the art before the effective filing date of the claimed invention to modify the display device of
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`Nakai et al. with wherein a number of second pixel electrodes per unit area is smaller than a
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`number of first pixel electrodes per unit area.
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`Doing so would provide a display with improved viewing angle characteristics.
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 7
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`Conclusion
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`12.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270—
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`3207. The examiner can normally be reached on Monday—Thursday 7:00AM—5:00PM.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Ed Glick can be reached on (571) 272—2490. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`
`Jessica M. Merlin
`
`September 18, 2019
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`
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`Application/Control Number: 15/882,702
`Art Unit: 2871
`
`/JESSICA M MERLIN/
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`Primary Examiner, Art Unit 2871
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`Page 8
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