Ex Parte Kim et al

Patent Trial and Appeal Board

Feb 18, 2016

13184114 (P.T.A.B. Feb. 18, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/184,114 07/15/2011
58027 7590 02/22/2016
RC PARK & ASSOCIATES, PLC
1894 PRESTON WHITE DRIVE
RESTON, VA 20191
FIRST NAMED INVENTOR
Su Jeong Kim
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
P4560USOO 9716
EXAMINER
ZHANG, RUIYUN
ART UNIT PAPER NUMBER
1782
NOTIFICATION DATE DELIVERY MODE
02/22/2016 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):
PATENT@PARK-LAW.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SU JEONG KIM, KICHUL SHIN,
HOON KIM, and HOKIL OH
Appeal2014-003865
Application 13/184,114
Technology Center 1700
Before TERRY J. OWENS, MARK NAGUMO, and JULIA HEANEY,
Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
The Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
rejection of claims 1-8 and 10-13. We have jurisdiction under
35 U.S.C. § 6(b).
The Invention
The Appellants claim a liquid crystal display device including an
alignment layer for aligning liquid crystal molecules. Claim 1 is illustrative:
1. A display device comprising: first base substrate;
a first alignment layer disposed on the first base
substrate;
a second base substrate;
Appeal2014-003865
Application 13/184,114
a second alignment layer disposed on the second base
substrate, the second alignment layer facing the first alignment
layer;
a liquid crystal layer disposed between the first alignment
layer and the second alignment layer, the liquid crystal layer
comprising liquid crystal molecules;
electrodes configured to apply an electric field into the
liquid crystal layer,
wherein at least one of the first and second alignment
layers comprises:
a main alignment layer;
a polar side chain connected to the main alignment layer,
the polar side chain electrically interacting with the liquid
crystal molecules according to the application of the electrical
field; and
a non-polar side chain directly connected to the main
alignment layer, the non-polar side chain configured to
vertically align the liquid crystal molecules, and
wherein the main alignment layer comprises a polyimide-
based compound copolymer which comprises a dianhydride-
based monomer and a diamine-based monomer.
Heckmeier
Song
The References
US 2005/0179003 A 1
US 2009/0201448 Al
US 2010/0091229 Al
Aug. 18, 2005
Aug. 13, 2009
Apr. 15, 2010 Liu
The Rejections
Claims 1-8 and 10-13 stand rejected under 35 U.S.C. § 103 over
Song in view of Heckmeier and Liu.
OPINION
We affirm the rejection.
The Appellants argue the claims as a group (App. Br. 6-10). We
therefore limit our discussion to one claim, i.e., claim 1, which is the sole
2
Appeal2014-003865
Application 13/184,114
independent claim. Claims 2-8 and 10-13 stand or fall with that claim. See
37 C.F.R. § 41.37(c)(l)(iv) (2012).
Heckmeier discloses an alignment layer "prepared by coating a
substrate with a thin layer of a polymerizable LC [liquid crystal] material,
which is then polymerized to form a solid layer" (i-f 63). Especially preferred
polymerizable LC material has the formula P-Sp-X-MG-R, where Pis a
polymerizable group which can be Phe-CH=CH-(where Phe is 1,4-
phenylene ), acrylate, methacrylate or vinyl, Sp and X each can be a single
bond, MG is a mesogenic group, i.e., a group "with the ability to induce
liquid crystal phase behavior" and preferably has the formula A 1-(Z-A2)m-,
where Z can be ---CH2CHz--- or ---C=C- and A 1 and A 2 each can be 1,4-
phenylene, and Risa polar or nonpolar group (i-fi-f 33, 73-89, 91, 92, 103,
106-108). The polymerizable LC material especially preferably comprises
monoreactive polymerizable mesogenic compounds having polar and
nonpolar terminal groups (i-fi-f 125-129). The alignment layer preferably is
formed directly on the inner surface of a display's liquid crystal cell's
substrates (or electrodes) which can have thereon an additional alignment
layer which, when the substrates are plastic, can be a high tilt polyimide
orientation film (i-fi-f 142, 145).
The Appellants argue that Heckmeier' s MGs are polar and that "even
though Sp and X can be single bonds or non-polar groups, such as CH2-CH2
or alkylene groups, and MG can be biphenyl or a bi-cyclohexyl group, at
least one of P, Sp, X, MG, and R must inherently be polar, so that the side
chain P-Sp-X-MG-R, as a whole, is polar, in order for the side chain to
behave as a liquid crystal" (Reply Br. 4).
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Appeal2014-003865
Application 13/184,114
Heckmeier does not require the side chain to behave as a liquid crystal
but, rather, requires that the mesogenic material (MG), which Heckmeier
also calls "liquid crystal," has "groups with the ability to induce liquid
crystal phase behaviour" (i-f 33). Heckmeier's disclosures that P, MG, and R
can be nonpolar and Sp and X each can be a single bond (i-fi-f 76, 77, 79-85,
88, 89, 91, 92, 103) indicate that Heckmeier's MGs and side chain need not
be polar for the side chain, like the Appellants' nonpolar side chain
(Spec. i1i1 73, 118), to induce liquid crystal behavior.
The Appellants assert that there is no rationale as to why one of
ordinary skill in the art would have selected single bonds for Heckmeier's
Sp and X and nonpolar groups for MG and R (Reply Br. 5).
The rationale for those selections is to obtain a functional side chain
which, Heckmeier indicates, is provided by any combination of the disclosed
P, Sp, X, MG and R (i-fi-f 73-92, 103). The fact that many groups are
disclosed \vould not have made any of them less obvious See 1'.1erck & Co.
v. Biocraft Labs., Inc., 874 F.2d 804, 807 (Fed. Cir. 1989); In re Lemin, 332
F.2d 839, 841(CCPA1964).
The Appellants assert that neither Heckmeier nor Liu, each of which
discloses a polyimide alignment layer (Heckmeier i-f 145; Liu i142), discloses
that the polyimide is made from a dianhydride-based monomer and a
diamine-based monomer (App. Br. 9).
The Examiner finds that such a polyimide alignment layer "is one of
the most common polymers being used to form the alignment layer for
liquid crystal cell" (Ans. 10). The Appellants do not challenge that finding
but, rather, merely point out that "Liu provides no further evidence that such
a copolymer is commonly used as a main alignment layer" (App. Br. 9;
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Appeal2014-003865
Application 13/184,114
Reply Br. 7). Because the Examiner's finding is reasonable and the
Appellants have not challenged it, we accept it as fact. See In re Kunzmann,
326 F.2d 424, 425 n.3 (CCPA 1964).
For the above reasons we are not persuaded of reversible error in the
rejection. 1
DECISION/ORDER
The rejection of claims 1-8 and 10-13 under 35 U.S.C. § 103 over
Song in view of Heckmeier and Liu is affirmed.
It is ordered that the Examiner's decision is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
bar
1 The Appellants' assertion that Heckmeier' s paragraphs 154 and 15 5 both
disclose difunctional non-mesogenic compounds (App. Br. 7-8; Reply
Br. 5---6) is not well taken because paragraph 154 pertains to "a non
mesogenic compound with two or more polymerizable functional groups"
whereas paragraph 155 pertains to "a non mesogenic compound with one
polymerizable functional group."
5