throbber

`
`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.
`
`12/553,147
`
`09/03/2009
`
`Takeshi Izumida
`
`501.50191X00
`
`6021
`
`20457
`
`7590
`
`09/13/2012
`
`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`
`
`
`HS «H, HSIN Y1
`
`2811
`
`MAIL DATE
`
`09/13/2012
`
`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)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`12/553,147
`
`Examiner
`HSIN-YI HSIEH
`
`IZUMIDA ET AL.
`
`Art Unit
`2811
`
`-- 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 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`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).
`
`Status
`
`1)IZI Responsive to communication(s) filed on 28 August 2012.
`
`2a)I:l This action is FINAL.
`
`2b)IZ| This action is non-final.
`
`3)I:I 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)|:l 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 1-5 10 and 11 is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)I:I Claim(s) _ is/are allowed.
`
`7)|Zl Claim(s) 1 -5 10 and 11 is/are rejected.
`
`8)I:I Claim(s) _ is/are objected to.
`
`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|:| The drawing(s) filed on _ is/are: a)|:l accepted or b)I: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).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)I:I AII
`
`b)I:I Some * c)|:l None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No. _
`
`3.|:I 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) I] Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`US. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20120910
`
`
`
`

`

`Application/Control Number: 12/553,147
`
`Page 2
`
`Art Unit: 2811
`
`DETAILED ACTION
`
`Continued Examination Under 37 CFR 1.114
`
`1.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
`
`37 CFR 1.114. Applicant's submission filed on 07/27/2012 has been entered.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The following is a quotation of the first paragraph of 35 USC. 112:
`
`The specification shall contain a written description of the invention, and of the manner and process of making
`and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it
`pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode
`contemplated by the inventor of carrying out his invention.
`
`3.
`
`Claim 11 is rejected under 35 USC. 112, first paragraph, as failing to comply with the
`
`written description requirement. The claim(s) contains subject matter which was not described
`
`in the specification in such a way as to reasonably convey to one skilled in the relevant art that
`
`the inventor(s), at the time the application was filed, had possession of the claimed invention.
`
`Claim 11 cites “the auxiliary line is directly connected with the second electrode”, which lacks
`
`the full support of the original disclosure. Fig. 1B shows that the auxiliary line 6 is not directly
`
`connected to the second electrode 5, but indirectly connected to the second electrode 5 through
`
`the conductive film 12, which is different from what is claimed in the above limitation in claim
`
`11.
`
`

`

`Application/Control Number: 12/553,147
`
`Page 3
`
`Art Unit: 2811
`
`4.
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`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.
`
`5.
`
`Claim 11 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
`
`failing to particularly point out and distinctly claim the subject matter which applicant regards as
`
`the invention.
`
`6.
`
`Claim 11 cites “the auxiliary line is directly connected with the second electrode" in
`
`claim 11, which is inconsistent with the specification. Fig. 1B shows that the auxiliary line 6 is
`
`not directly connected to the second electrode 5, but indirectly connected to the second electrode
`
`5 through the conductive film 12, which is different from what is claimed in the above limitation
`
`in claim 11. The inconsistency renders the claim indefinite.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless ,
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or
`on sale in this country, more than one year prior to the date of application for patent in the United States.
`
`7.
`
`Claims 1-4 and 10-11 are rejected under 35 U.S.C. 102(b) as being anticipated by Sato et
`
`al. (US 7,224,115) as can be understood since claim 11 has been rejected under 35 U.S.C. 112.
`
`8.
`
`Regarding claim 1, Sato et al. teach a display device (Display apparatus; Abstract) in
`
`which pixels (col. 4 line 30) each of which includes a thin film transistor (TFT) element (TFT 4;
`
`Fig. 1, col. 4 line 30) having a gate electrode (Fig 1, col. 4 line 36), a source electrode (wiring 5
`
`connected to the source of the TFT 4; Fig. 1, col. 4 line 32) and a drain electrode (wiring 5
`
`

`

`Application/Control Number: 12/553,147
`
`Page 4
`
`Art Unit: 2811
`
`connected to the drain of the TFT 4; Fig. 1, col. 4 line 32), a first electrode (lower electrode 9;
`
`Fig. 1, col. 38) which is connected to the TFT element (4; see Fig. 1), a second electrode (upper
`
`electrode 13; Fig. 1, col. 4 lines 38—39) which faces the first electrode (9), and a light emitting
`
`layer (organic layer 11; Fig. 1, col. 4 line 38) which is interposed between the first electrode (9)
`
`and the second electrode (13) are arranged on an insulation substrate (substrate 3, e. g. glass
`
`substrate; Fig. 1, col. 6 line 48) in a matrix array (see Figs. 4A and 5, also implied in the name of
`
`“active matrix type display", col. 4 lines 26—27), and the second electrode (13) is formed of a
`
`transparent conductive material (ITO or 120; col. 6 line 14) and is connected to an auxiliary line
`
`(auxiliary wiring 9a; Fig. 1, col. 4 lines 41—42), wherein the TFT element (4), the first electrode
`
`(9), the light emitting layer (11) and the second electrode (13) are stacked on the insulation
`
`substrate (3) in this order, the auxiliary line (9a) is arranged between the insulation substrate (3)
`
`and the second electrode (13) and a bank layer (insulating film 17; Fig. 1, col. 4 line 45) which is
`
`formed of an insulation material (col. 4 line 45) is interposed between the auxiliary line (9a) and
`
`the second electrode (13; see Fig. 1), and the auxiliary line (9a) and the second electrode (13) are
`
`connected with each other via a contact hole (connection holes 17a; Fig. 1, col. 4 line 64) formed
`
`in the bank layer (17) which is interposed between the auxiliary line (9a) and the second
`
`electrode (13), and the auxiliary line (9a) enables suppression of a voltage drop of the second
`
`electrode (13; col. 6 lines 21—35).
`
`9.
`
`Regarding claim 2, Sato et al. teach a display device according to claim 1, wherein the
`
`first electrode (9) and the auxiliary line (9a) are formed on the same surface (the top surface) of
`
`an insulation layer (insulating film 17; Fig. 1, col. 4 line 45).
`
`

`

`Application/Control Number: 12/553,147
`
`Page 5
`
`Art Unit: 2811
`
`10.
`
`Regarding claim 3, Sato et al. teach a display device according to claim 2, wherein a
`
`reflection film (the bottom highly reflective metallic layer of a two—layer structure of the lower
`
`electrode 9; col. 5 lines 27—34) is arranged between the first electrode (the first electrode can also
`
`be the top conductive oxide material layer of a two—layer structure of the lower electrode 9; col. 5
`
`lines 27—34) and the insulation layer (17).
`
`11.
`
`Regarding claim 4, Sato et al. teach a display device according to claim 1, wherein the
`
`bank layer (17) is arranged on the first electrode (9), the bank layer (17) includes at least one
`
`opening portion (pixel opening A; Fig. 1, col. 4 line 51) through which a portion of the first
`
`electrode (9) is exposed (from 17), and the light emitting layer (11) is filled in the at least one
`
`opening portion (A) formed in the bank layer (17; see Fig. 1).
`
`12.
`
`Regarding claim 10, Sato et al. teach a display device according to claim 1, wherein the
`
`auxiliary line (9a) is a member which is separate from (not sharing any portion of) the first
`
`electrode (9; see Fig. 1) and the TFT element (4; see Fig. 1).
`
`13.
`
`Regarding claim 11, Sato et al. teach a display device according to claim 1, wherein the
`
`auxiliary line (9a) is directly connected with the second electrode (13; see Fig. 1) without being
`
`directly connected with the first electrode (9; Fig. 1).
`
`Claim Rejections - 35 USC § 103
`
`14.
`
`The following is a quotation of 35 USC. 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.
`
`

`

`Application/Control Number: 12/553,147
`
`Page 6
`
`Art Unit: 2811
`
`15.
`
`The factual inquiries set forth in Graham V. John Deere C0., 383 US. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
`
`U.S.C. 103(a) are summarized as follows:
`
`:PWNE
`
`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating obviousness
`or nonobviousness.
`
`16.
`
`Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Sato et al. as
`
`applied to claim 4 above, and further in view of Kubota (US 2007/0273305 A1).
`
`17.
`
`Regarding claim S, Sato et al. teach the pixels (col. 4 line 30) are arranged in a matrix
`
`array (implied in the name of “active matrix type display", col. 4 lines 26—27) in the first
`
`embodiment shown in Fig. 1.
`
`Sato et al. do not teach wherein the pixels are arranged in a matrix array so as to provide
`
`one of (a) a relationship between two pixels arranged adjacent to each other in a row direction
`
`with respect to a planar shape of the at least one opening potion formed in the bank layer and (b)
`
`a relationship between two pixels arranged adjacent to each other in a columnar direction with
`
`respect to a planar shape of the at least one opening portion formed in the bank which adopts a
`
`line symmetry using a boundary between the two pixels as an axis of symmetry but does not
`
`adopt a translational symmetry in the first embodiment shown in Fig. 1.
`
`In the same field of endeavor of light emitting devices, Kubota teaches wherein the pixels
`
`(U) are arranged in a matrix array (Figs. 1 and 2) so as to provide one of (a) a relationship
`
`between two pixels (Us) arranged adjacent to each other in a row direction (i.e. even and odd
`
`rows; paragraph [0048]) with respect to a planar shape of the at least one opening potion (251)
`
`

`

`Application/Control Number: 12/553,147
`
`Page 7
`
`Art Unit: 2811
`
`formed in the bank layer (25; see Fig. 2) and (b) a relationship between two pixels arranged
`
`adjacent to each other in a columnar direction with respect to a planar shape of the at least one
`
`opening portion formed in the bank layer (see Fig. 2 clockwise 90 degrees) which adopts a line
`
`symmetry using a boundary between the two pixels as an axis of symmetry (axis line T; Fig. 2,
`
`paragraph [0048]) but does not adopt a translational symmetry (i.e. translation by one row; see
`
`Fig. 2).
`
`It would have been obVious to one of ordinary skill in the art at the time of invention was
`
`made to combine the inventions of Sato et al. and Kubota and use a pixels layout haVing mirror
`
`symmetry as taught by Kubota, because the area for the auxiliary lines can be reduced in half and
`
`the resistance of the auxiliary line can be reduced without reducing aperture ratio as taught by
`
`Kubota (paragraph [0049]).
`
`Response to Arguments
`
`15.
`
`Applicant’s amendments, filed 07/27/2012, overcome the rejections to claim 11 under 35
`
`U.S.C. 112. The rejections to claim 11 under 35 U.S.C. 112 have been withdrawn, while the
`
`new rejections to claim 11 occur due to the amended limitation.
`
`16.
`
`Applicant's arguments with respect to claims 1—5 and 10—11have been considered but are
`
`moot in View of the new ground(s) of rejection.
`
`

`

`Application/Control Number: 12/553,147
`
`Page 8
`
`Art Unit: 2811
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HSIN—YI HSIEH Whose telephone number is (571)270—3043.
`
`The examiner can normally be reached on Monday to Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Lynne A. Gurley can be reached on 571—272—1670. The fax phone number for the
`
`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
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/Hsin—Yi (Steven) Hsieh/
`Examiner, Art Unit 2811
`9/1 1/2012
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket