`
`V i$ T {a
`
`A
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`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
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/168,394
`
`10/23/2018
`
`Kikuo ONO
`
`20326.0143USOI
`
`9957
`
`53148
`
`759°
`
`12/06/2019
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`LIU' SHAN
`
`2871
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/06/2019
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`PTOMai1@hsm1.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/168,394
`Examiner
`SHAN LIU
`
`Applicant(s)
`ONO, Kikuo
`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
`
`1). Responsive to communication(s) filed on 11/1/2019.
`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.
`
`2b) D This action is non-final.
`
`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.
`
`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.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) Bis/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
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`is/are allowed.
`
`Claim(ss) 1_—9 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)|:] Some**
`
`c)l:i None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`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)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191203
`
`

`

`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Response to Amendment and Arguments
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`The amendment filed 11/1/2019 has been entered. Claims 1-2 are amended. Claims 1-9 are
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`currently pending in this application.
`
`Applicant’s arguments, see Pages 3-7, filed 11/1/2019, with respect to the rejection(s) of
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`claim(s) 1-9 have been considered but are moot. Regarding limitations of the instant case in view of the
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`amended Claims and upon further considerations, a new ground(s) of rejection, necessitated by the
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`amendments is made in view of different interpretation of the previously applied references and/or new
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`prior art as presented in this Office action.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
`
`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 of this title, 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.
`
`

`

`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 3
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`Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (US
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`2016/0116801) in view of Chae et al. (US 2018/0045866).
`
`Re claim 1, Fan et al. teaches a liquid crystal display device (Fig. 2, [0034-0039], Fig. 1, [0022-
`
`0033]) comprising:
`
`a first display panel (110, LQ and 120 in Fig. 2) including a first substrate (52 in Fig. 2, [0035]), a
`
`second substrate (51 in Fig. 2, [0034, 0022]) that is disposed in a first direction (the direction toward the
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`front viewing surface in Fig. 2) with respect to the first substrate (52 in Fig. 2, [0035]) and includes a
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`color filter (111/111R/1116/1113 in Fig. 2, [0035]), and a first liquid crystal layer (LQ in Fig. 2) disposed
`
`between the first substrate (52 in Fig. 2, [0035]) and the second substrate (51 in Fig. 2, [0034, 0022]);
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`a color conversion unit (230 in Fig. 2, [0034-0039]) disposed in a second direction (the direction
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`toward the backlight in Fig. 2) opposite to the first direction (the direction toward the front viewing
`
`surface in Fig. 2) with respect to the first display panel (110, LQ and 120 in Fig. 2); and
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`a backlight (240 in Fig. 2, [0038-0039, 0034-0035]) disposed in the second direction (the
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`direction toward the backlight in Fig. 2) with respect to the color conversion unit (230 in Fig. 2, [0034-
`
`0039]),
`
`wherein
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`the color filter (111/111R/1116/1113 in Fig.2, [0035]) includes a first color filter (111R in Fig.2,
`
`[0035]) of a first color (Red, [0035]) and a second color filter (1116 in Fig. 2, [0035]) of a second color
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`(Green, [0035]),
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`the color conversion unit (230 in Fig. 2, [0034-0039]) converts backlight light emitted from the
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`backlight ([0038-0039]) into light of a color ([0038-0039]) corresponding to the color filter
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`(111/111R/1116/1113 in Fig. 2, {0035-0037, 0039]), and emits the light ([0038-0039]),
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`the color conversion unit (230 in Fig. 2, [0034-0039]) includes:
`
`

`

`Application/Control Number: 16/168,394
`Art Unit: 2871
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`Page 4
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`a first color conversion layer (231R in Fig. 2, [0035]) that converts the backlight light
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`([0038-0039]) into light of the first color ([0039]);
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`a second color conversion layer (2316 in Fig. 2, [0035]) that converts the backlight light
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`([0038-0039]) into light of the second color ([0039]);
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`a light shielding unit (232 in Fig. 2, [0036]) that is disposed at a boundary (Fig. 2)
`
`between the first color conversion layer (231R in Fig. 2, [0035]) and the second color conversion
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`layer (2316 in Fig. 2, [0035]) and blocks transmission of light ([0036]).
`
`Fan et al. does not teach that a height of the light shielding unit is higher than a height of the
`
`first color conversion layer and the second color conversion layer.
`
`Chae et al. teaches that a height (Fig. 1-2) of the light shielding unit (120 in Fig. 1-2, [0035-0037])
`
`is higher (Fig. 1-2) than a height (Fig. 1-2) of the first color conversion layer (140 in Fig. 1-2, [0038-0040])
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`and the second color conversion layer (150 in Fig. 1-2, [0038-0040]).
`
`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that a height of the light shielding unit is higher than a height of the
`
`first color conversion layer and the second color conversion layer as taught by Fan et al. for the system
`
`of Fan et al. since this would help that color mixture is prevented to thereby increase color
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`reproducibility. Also, light efficiency is increased, thereby reducing power consumption (Chae et al.,
`
`[0106]).
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`Re claim 6, Fan et al. also teaches that a polarizing plate (P2 in Fig. 2, [0034, 0022]) is disposed
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`between the color conversion unit (230 in Fig. 2, [0034-0039]) and the first display panel (110, LQ and
`
`120 in Fig. 2).
`
`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 5
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`Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. in view of
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`Chae et al. as applied to claim 1 above, and further in view of Song et al. (US 2018/0088261).
`
`Re claim 2, Fan et al. teaches that the second direction (the direction toward the backlight in Fig.
`
`2) with respect to the first color conversion layer (231R in Fig. 2, [0035]), the second color conversion
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`layer (2316 in Fig. 2, [0035]), and the light shielding unit (232 in Fig. 2, [0036]) is a direction toward
`
`incident exciting light for the color conversion unit (230 in Fig.2, [0034-0039]). Fen et al. does not teach
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`that a band-pass filter disposed in the second direction with respect to the first color conversion layer,
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`the second color conversion layer, and the light shielding unit, the band pass filter having a property of
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`transmitting the backlight light and of reflecting the light of the first color and the light of the second
`
`color.
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`Song et al. teaches that (Fig. 5A-7B, [0015, 0097-0098, 0100-0102, 0106, 0110]) a band-pass
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`filter (170 in Fig. 5A-6D, [0097-0098, 0100-0102, 0106, 0110]) disposed in a second direction (Fig. 5A-6D)
`
`toward incident exciting light (the incident exciting Lb light in Fig. 5A-6D) with respect to a first color
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`conversion layer (141 in Fig. 5A-6D, [0084]), a second color conversion layer (151 in Fig. 5A-6D, [0084]),
`
`and a light shielding unit (120/180/180a/120c/145/155/165 in Fig 5A and 6A-6D, [0056-0059, 0102-
`
`0104, 0114, 0116]), the band pass filter (170 in Fig. 5A-6D, [0097-0098, 0100-0102, 0106, 0110]) having
`
`a property of transmitting ([0097]) the backlight light (the incident exciting Lb light in Fig. 5A-6D) and of
`
`reflecting ([0097]) the light of the first color and the light of the second color ([0097]).
`
`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that a band-pass filter disposed in a second direction toward incident
`
`exciting light with respect to a first color conversion layer, a second color conversion layer, and a light
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`shielding unit, the band pass filter having a property of transmitting the backlight light and of reflecting
`
`the light of the first color and the light of the second color as taught by Song et al. for the system of Fan
`
`et al. in view of Chae et al. such that a band-pass filter disposed in the second direction with respect to
`
`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 6
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`the first color conversion layer, the second color conversion layer, and the light shielding unit of the
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`system of Fan et al., the band pass filter having a property of transmitting the backlight light and of
`
`reflecting the light of the first color and the light of the second color since this would help to increase
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`color purity and color reproducibility (Song et al., Abs, [0098]).
`
`Re claim 3, Fen et al. does not explicitly point out that each of the first color conversion layer
`
`and the second color conversion layer includes quantum dots having different diameters from each
`
`other.
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`Song et al. teaches that (Fig. SB and 73, [0064-0069]) each of the first color conversion layer
`
`(141 in Fig. SB and 73, [0064-0069]) and the second color conversion layer (151 in Fig. SB and 7B, [0064-
`
`0069]) includes quantum dots (143 and 153 Fig. SB and 73, [0064-0069]) having different diameters
`
`from each other ([0067]).
`
`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that each of the first color conversion layer and the second color
`
`conversion layer includes quantum dots having different diameters from each other as taught by Song et
`
`al. for the system of Fan et al. in view of Chae et al. and Song et al. since this would help to increase
`
`color purity and color reproducibility (Song et al., Abs, [0069]).
`
`Re claim 4, Fen et al. teaches that the backlight (240 in Fig. 2, [0038-0039, 0034-0035]) emits
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`blue light ([0038-0039]), and the first color conversion layer (231R in Fig. 2, [0035]) converts the blue
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`light into red light ([0039]), and the second color conversion layer (2316 in Fig. 2, [0035]) converts the
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`blue light into green light ([0039]).
`
`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
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`Page 7
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`Re claim 5, Fen et al. teaches that the backlight (240 in Fig. 2, [0038-0039, 0034-0035]) emits
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`blue light ([0038-0039]), the color conversion unit (230 in Fig. 2, [0034-0039]) includes a red conversion
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`layer (231R in Fig. 2, [0035]) that converts a blue light into a red light ([0039]) and a green conversion
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`layer (2316 in Fig. 2, [0035]) that converts the blue light into a green light ([0039]), and the color filter
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`(111/111R/1116/1113 in Fig. 2, [0035]) includes a red color filter (111R in Fig. 2, [0035]) and a green
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`color filter (1116 in Fig. 2, [0035]).
`
`Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. in view of Chae et
`
`al. as applied to claim 1 above, and further in view of Matsumori et al. (US 2009/0053430).
`
`Re claim 7, Fan et al. does not teach that the first display panel is an IPS type liquid crystal
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`display panel.
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`Matsumori et al. teaches that a first display panel (Fig. 1-4C, Abs, [0022, 0055]) is an IPS type
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`liquid crystal display panel (Fig. 1-4C, Abs, [0022, 0055]).
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`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that a first display panel is an IPS type liquid crystal display panel as
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`taught by Matsumori et al. for the system of Fan et al. in view of Chae et al. such that the first display
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`panel of the system of Fan et al. in view of Chae et al. is an IPS type liquid crystal display panel since this
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`would help to provide a IPS type LCD having a wider viewing angle, lower load capacitance, and capable
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`of displaying higher-contrast-ratio and higher-definition images (Matsumori et al., Abs, [0005, 0022]).
`
`Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. in view of
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`Chae et al. as applied to claim 1 above, and further in view of Nakai et al. (US 2009/0147186).
`
`Re claim 8, Fan et al. teaches that a lower polarizing plate (P2 in Fig. 2, [0034, 0022]) is directly
`
`on a rear surface of the first substrate (52 in Fig. 2, [0035]) facing the color conversion unit (230 in Fig. 2,
`
`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 8
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`[0034-0039]) and the backlight (240 in Fig. 2, [0034-0035, 0038]). Fan et al. does not teach that a second
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`display panel disposed between the first display panel and the color conversion unit, wherein the first
`
`display panel displays a color image and the second display panel displays a black-and-white image.
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`Nakai et al. teaches that (Fig. 37 and 39-41, [0121, 0352-0355]) that a lower polarizing plate
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`(Polarizer B in Fig. 39) is directly on a rear surface of the first substrate (the bottom 10 of the first panel
`
`in Fig. 39) of the first display panel (the first panel in Fig. 37 and 39-41, [0353, 0121]), a second display
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`panel (the second panel in Fig. 37 and 39-41, [0353, 0355, 0121]) disposed directly on (Fig. 39) a rear
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`surface of the lower polarizer plate (the bottom surface of Polarizer B in Fig. 39) facing optical films and
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`a backlight (Fig. 6 and Fig 39), wherein the first display panel (the first panel in Fig. 37 and 39-41, [0353,
`
`0121]) displays a color image (the first panel in Fig. 37 and 39-41, [0353, 0121]) and the second display
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`panel (the second panel in Fig. 37 and 39-41, [0353, 0355, 0121]) displays a black-and-white image (Fig.
`
`39-41, [0353-0355, 0121]).
`
`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that a lower polarizing plate is directly on a rear surface of the first
`
`substrate of the first display panel, a second display panel disposed directly on a rear surface of the
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`lower polarizer plate facing optical films and a backlight, wherein the first display panel displays a color
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`image and the second display panel displays a black-and-white image as taught by Nakai et al. for the
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`system of Fan et al. in view of Chae et al. such that a second display panel disposed between the first
`
`display panel and the color conversion unit, wherein the first display panel displays a color image and
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`the second display panel displays a black-and-white image since this would help to enable the output of
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`high contrast, super high quality video free from moire patterns (Nakai et al., [0452]).
`
`Re claim 9, Fan et al. does not teach that the first display panel and the second display panel are
`
`an IPS type liquid crystal display panel.
`
`

`

`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 9
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`Nakai et al. teaches that (Fig. 37 and 39-41, [0194]) that the first display panel and the second
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`display panel are an IPS type liquid crystal display panel ([0194]).
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`Before the effective filling date of the claimed invention, it would have been obvious to the
`
`artisan of ordinary skill to employ that that the first display panel and the second display panel are an
`
`IPS type liquid crystal display panel as taught by Nakai et al. for the system of Fan et al. in view of Chae
`
`et al. and Nakai et al. since this would be an obvious design choice to provide a IPS LCD display
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`sufficiently effective operating in normally black mode and enabling the output of high contrast, super
`
`high quality video free from moire patterns (Nakai et al., [0194, 0452]).
`
`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
`
`0
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`Shin et al. (US 2018/0224701, Fig. 1 and 7) teaches that a height of the light shielding
`
`unit is higher than a height of the first color conversion layer and the second color
`
`conversion layer
`
`1 .r]!
`51365.
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`
`
`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 10
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`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 MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally
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`be reached on 9am-5pm EST M-F.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ed
`
`Glick can be reached on 571-272-2490. The fax phone number for the organization where this
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`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 system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`

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`Application/Control Number: 16/168,394
`Art Unit: 2871
`
`Page 11
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/SHAN LIU/
`
`Primary Examiner, Art Unit 2871
`
`