www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/882,702
`
`01/29/2018
`
`IkukO MORI
`
`20326.0123U301
`
`9020
`
`53148
`
`759°
`
`02/05/2020
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`MERLIN'JESSICAM
`
`ART UNIT
`2871
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`02/05/2020
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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
`
`PTOL-90A (Rev. 04/07)
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`

`

`017/09 A0170” Summary
`
`Application No.
`15/882,702
`Examiner
`JESSICA M MERLIN
`
`Applicant(s)
`MORI et al.
`Art Unit
`2871
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 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).
`
`Status
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`1). Responsive to communication(s) filed on December 20, 2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) D 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 Expade 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(ss)_is/are allowed.
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`Claim(ss) 1 —2 ,4—6, 8 and 10— 11 is/are rejected.
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`1:] Claim(ss_) is/are objected to.
`
`) ) ) )
`
`
`
`S)
`are subject to restriction and/or election requirement
`C] Claim(s
`* 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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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
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`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on January 29, 2018 is/are: a). accepted or b)[:J 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
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`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)C] Some**
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`c)[j None of the:
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`1.. Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
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`3C] 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.
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`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20200201
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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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`Response to Amendment
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`3.
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`Receipt is acknowledged of applicant’s amendment filed December 20, 2019. Claims 1—
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`11 are pending and an action on the merits is as follows. Claims 3, 7, and 9 have been
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`previously withdrawn.
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`Claim Rejections - 35 US C § 102
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`4.
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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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`5.
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`Claims 1, 2, 4-6, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being
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`anticipated by Nakai et al. (US 2009/0147186 A1).
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`

`

`Application/Control Number: 15/882,702
`Art Unit: 2871
`
`Page 3
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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 sn as ta uverlap each other, each ef the display panels
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`displaying an image, the liquid crystal display device emiquisirig {see tag. Figare I l:
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`a first suhstrate thl;
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`a secend substrate 21% disposed opposite to the first suhstrate thl in a first directiuu:
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`a first liquid crystal layer 226 dispesed between the first substrate 210 and the seeuiitl
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`substrate thl;
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`a third substrate (nut labeled. in lower panel) disposed oppusite to the first substrate thl
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`in a second direction that is an opposite tlii‘ectiuu to the first tlii‘ectiuu: and
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`a second liquid crystal layer (not labeled, in lewer pauel) disposed between the first
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`substrate thl and the third substrate, wherein
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`the first substrate 210 includes a first surface on a side of the first direction and a second
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`surface opposite to the first surface on a side of the second direction,
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`of the first 210, second 210, and third substrates, only the first substrate 210 is disposed
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`between the first liquid crystal layer 226 and the second liquid crystal layer,
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`a first gate line 201, a first source line 204, a first insulator (see 6. g. paragraph [0215]),
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`an electrode constituting a first thin film transistor 203, and a first pixel electrode 208 are formed
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`on the first surface of the first substrate 210, and
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`a polarizing layer POLARIZER B are formed on the second surface of the first substrate
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`210.
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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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`

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`Application/Control Number: 15/882,702
`Art Unit: 2871
`
`Page 4
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`a diffusion layer LIGHT DIFFUSION LAYER is formed on the second surface of the
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`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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`an alignment film 225, unlabeled on lower display,
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`is formed on the first surface and the
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`second surface of the 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 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 e. g.
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`paragraph [0246]).
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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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`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 e. 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 e. g. paragraph [0195]).
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`In regard to claim 11, Nakai et al. discloses the limitations as applied to claim 1 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 an alignment film (unlabeled in lower display panel) is formed on the second
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`surface of the first substrate 210, and the alignment film is in contact with the polarizing layer
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`POLARIZER B (Le. at least via intervening layers).
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`Claim Rejections - 35 US C § 103
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`6.
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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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`7.
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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 6
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`Response to Arguments
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`8.
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`Applicant's arguments filed December 20, 2019 have been fully considered but they are
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`not persuasive.
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`9.
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`In regard to independent claim 1, applicant’s arguments, on pages 5—6 of the Remarks,
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`that the previously applied prior art fails to disclose all of the limitations of claim 1, have been
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`fully considered and are appreciated. However, the examiner respectfully disagrees.
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`10.
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`Namely, applicant argues that the Nakai reference fails to disclose only the first of the
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`three substrates is disposed between the first liquid crystal and the second crystal layer.
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`However, it is noted that the third substrate is considered to be the lowest substrate of the lower
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`panel in the Nakai reference. Although the Nakai reference does disclose a second substrate
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`between the liquid crystal layers, the limitation, “of the first, second, and third substrates, only
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`the first substrate is disposed between the first liquid crystal layer and the second liquid crystal
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`layer,” is satisfied by the Nakai reference.
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`Conclusion
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`11.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`

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`Application/Control Number: 15/882,702
`Art Unit: 2871
`
`Page 7
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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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
`
`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
`
`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.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
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`the Private PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—
`
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`

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`Application/Control Number: 15/882,702
`Art Unit: 2871
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`Page 8
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`the automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—
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`1000.
`
`Jessica M. Merlin
`
`February 1, 2020
`
`/JESSICA M MERLIN/
`
`Primary Examiner, Art Unit 2871
`
`