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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`12/702, 850
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`02/09/2010
`
`Naoya Okada
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`1497.50564X00
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`2896
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`20457
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`7590
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`07/26/2012
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`ANTONELLLTERRY, STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`MERLIN, JESSICA M
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`2871
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`MAIL DATE
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`07/26/2012
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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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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`PTOL—90A (Rev. 04/07)
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`

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`Application No.
`Applicant(s)
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`Office Action Summary
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`12/702,850
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`OKADA ET AL.
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`Examiner
`JESSICA M. MERLIN
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`Art Unit
`2871
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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).
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`Status
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`1)IZI Responsive to communication(s) filed on 11 July 2012.
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`2a)IZ| This action is FINAL.
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`2b)I:l This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZI Claim(s) 1-6 and 8-10 is/are pending in the application.
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`5a) Of the above claim(s) 3,5 and8 is/are withdrawn from consideration.
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`6)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s) 124 6 9 and 10 is/are rejected.
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`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)|X| The drawing(s) filed on February 9, 2010 is/are: a)IZl accepted or b)|:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`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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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lX| All
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`b)I:I Some * c)|:l None of:
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`LIZI Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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) 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/OS)
`Paper No(s)/Mai| Date _.
`US. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20120724
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`
`
`

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`Application/Control Number: 12/702,850
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`Page 2
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`Art Unit: 2871
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`DETAILED ACTION
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`Response to Amendment
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`1.
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`Receipt is acknowledged of applicant’s amendment filed July 11, 2012. Claim 7 has been
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`cancelled without prejudice. Claims 1—6 and 8—10 are pending and an action on the merits is as
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`follows. Claims 3, 5 and 8 have been previously withdrawn.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`3.
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`Claims 1, 2, 4, 9 and 10 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over Applicant admitted prior art, hereinafter AAPA, in View of Yamazaki et al. (US.
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`2006/0055847 A1) and further in View of Yamazaki et al. (US. 2007/0211189 A1),
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`hereinafter Yamazaki et al. ‘189.
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`In regard to claim 1, AAPA discloses a display device, comprising (see eg. Figures 12-
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`14):
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`a barrier layer BRL formed of a plurality of material layers being laminated; and
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`a first material layer SUB and a second material layer TCL that sandwich the barrier
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`layer BRL, wherein:
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`the first material layer SUB, the plurality of material layers forming the barrier layer
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`BRL, and the second material layer TCL have light refractive indexes that are set so as to
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`Application/Control Number: 12/702,850
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`Page 3
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`Art Unit: 2871
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`sequentially change from the first material layer SUB to the second material layer TCL in one of
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`decreasing order and increasing order (see e. g. Figure I 4).
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`AAPA fails to disclose
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`the plurality of material layers forming the barrier layer include a high stress film and a
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`low stress film which are alternately laminated on each other, and
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`the plurality of material layers forming the barrier layer which are the alternately
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`laminated high stress and low stress films are made of a silicon nitride—based material.
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`However, Yamazaki et al. discloses (see e. g. paragraphs [0035], [0137]):
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`the plurality of material layers forming the barrier layer (i.e. passivati0n layer in
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`Yamazaki et al. ) include a high stress film and a low stress film which are alternately laminated
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`on each other (see e. g. paragraphs [0035] and [0137] where it is noted that a stress relaxing
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`film smaller in stress, is sandwiched between the layers of the multilayer passivation film).
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`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
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`skill in the art at the time of the invention to modify the display device of AAPA with the
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`plurality of material layers forming the barrier layer include a high stress film and a low stress
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`film which are alternately laminated on each other.
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`Doing so would prevent the occurrence of cracks by placement of low stress films
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`between layers of high stress films.
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`AAPA, in view of Yamazaki et al., discloses the above limitations, but is silent as to the
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`plurality of material layers forming the barrier layer which are the alternately laminated high
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`stress and low stress films are made of a silicon nitride—based material.
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`Application/Control Number: 12/702,850
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`Page 4
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`Art Unit: 2871
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`However, Yamazaki et al. ‘ 189 discloses utilizing a silicon nitride for forming a multi—
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`layer barrier film (see e. g. paragraphs [01 3 7] and [0161]).
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`Given the teachings of Yamazaki et al. ‘ 189, it would have been obvious to one of
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`ordinary skill in the art at the time of the invention to modify the display device of AAPA, in
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`view of Yamazaki et al., with the plurality of material layers forming the barrier layer which are
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`the alternately laminated high stress and low stress films are made of a silicon nitride—based
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`material.
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`Doing so would provide a layer that prevents transmission of moisture or impurities.
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`In regard to claim 2, AAPA discloses the first material layer SUB comprises a plastic
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`substrate SUB and the second material layer TCL comprises a transparent conductive film TCL
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`(see e. g. page 2, lines 13-25 0fappll'cant’s disclosure).
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`In regard to claim 4, AAPA discloses the above limitations and the first material layer
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`comprises a plastic substrate SUB, but is silent as to
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`the first material layer comprises a plastic substrate and the second material layer
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`comprises a silicon—based insulating film.
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`However, Yamazaki et al. discloses the second material layer 103 comprises a silicon—
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`based insulating film (see e. g. Figure 3 and paragraphs [0080]-[0083]).
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`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
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`skill in the art at the time of the invention to modify the display device of AAPA with the first
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`material layer comprises a plastic substrate and the second material layer comprises a silicon—
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`based insulating film.
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`Application/Control Number: 12/702,850
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`Page 5
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`Art Unit: 2871
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`Doing so would provide a barrier film for preventing oxygen/moisture from permeating
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`an LED device.
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`In regard to claim 9, AAPA discloses the above limitations, but is silent as to a display
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`device according to claim 1, which is an organic electroluminescence (EL) display device.
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`However, Yamazaki et al. discloses a display device according to claim 1, which is an
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`organic electroluminescence (EL) display device (see e.g. abstract).
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`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
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`skill in the art at the time of the invention to modify the display device of AAPA with a display
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`device according to claim 1, which is an organic electroluminescence (EL) display device.
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`Doing so would provide a barrier film for preventing oxygen/moisture from permeating
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`an LED device.
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`In regard to claim 10, AAPA, in view of Yamazaki et al. and Yamazaki et al. “189,
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`discloses the limitations as applied to claim 1 above, and the high stress film is formed with a
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`bias being applied and the lower stress film is formed with no bias being applied. Note that the
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`product by process limitation, “ .
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`.
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`. the high stress film is formed with a bias being applied and
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`the lower stress film is formed with no bias being applied .
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`.
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`. ” has been fially considered by the
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`examiner. However, it is further noted that the patentability of a product does not depend on its
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`method of production (see e.g. MPEP 2113).
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`4.
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`Claim 6 is rejected under 35 U.S.C. 103(a) as being unpatentable over AAPA in View
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`of Yamazaki et al. (U.S. 2006/0055847 A1) in view of Yamazaki et al. ‘189 (U.S.
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`2007/0211189 A1) and further in View of Saida et al. (U.S. 2005/0140861 A1).
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`Application/Control Number: 12/702,850
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`Page 6
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`Art Unit: 2871
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`In regard to claim 6, AAPA, in view of Yamazaki et al. and Yamazaki et al. “189,
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`discloses the above limitations, but is silent as to the first material layer comprises a plastic
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`substrate and the second material layer comprises an air layer.
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`However, Saida et al. discloses
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`the first material layer comprises a plastic substrate 3+14 (see e.g. paragraph [0035])
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`and the second material layer comprises an air layer (see e. g. Figure 3 and note that the plastic
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`substrate and the air sandwich barrier layer 15).
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`Given the teachings of Saida et al., it would have been obvious to one of ordinary skill in
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`the art at the time of the invention to modify the display device of AAPA, in view of Yamazaki
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`et al. and Yamazaki et al. ‘ 189, with the first material layer comprises a plastic substrate and the
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`second material layer comprises an air layer.
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`Doing so would prevent air/moisture from penetrating the display device.
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`5.
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`Applicant's arguments filed July 11, 2012 have been fully considered but they are not
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`Response to Arguments
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`persuasive.
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`6.
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`In regard to independent claim 1, applicant’s arguments, on pages 5—9 of the Remarks,
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`that the previously applied prior art fails to disclose all of the limitations of claim 1, as newly
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`amended. In response to applicant's argument that the examiner's conclusion of obviousness is
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`based upon improper hindsight reasoning, it must be recognized that any judgment on
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`obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so
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`long as it takes into account only knowledge which was within the level of ordinary skill at the
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`Application/Control Number: 12/702,850
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`Page 7
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`Art Unit: 2871
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`time the claimed invention was made, and does not include knowledge gleaned only from the
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`applicant's disclosure, such a reconstruction is proper. See In re McMaghlin, 443 F.2d 1392,
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`170 USPQ 209 (CCPA 1971).
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`7.
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`Namely, the examiner relies on AAPA to disclose a barrier layer BRL formed of a
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`plurality of material layers being laminated; and a first material layer SUB and a second material
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`layer TCL that sandwich the barrier layer BRL, wherein: the first material layer SUB, the
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`plurality of material layers forming the barrier layer BRL, and the second material layer TCL
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`have light refractive indexes that are set so as to sequentially change from the first material layer
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`SUB to the second material layer TCL in one of decreasing order and increasing order (see e. g.
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`Figure 14), as cited in the rejection above. The examiner further notes that AAPA fails to
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`disclose "the plurality of material layers forming the barrier layer include a high stress film and a
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`low stress film which are alternately laminated on each other, and the plurality of material layers
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`forming the barrier layer which are the alternately laminated high stress and low stress films are
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`made of a silicon nitride—based material.” The examiner then notes that secondary reference,
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`Yamazaki et al. discloses (see e. g. paragraphs [0035], [0137]): the plurality of material layers
`
`forming the barrier layer (i. e. passivation layer in Yamazaki et al. ) include a high stress film and
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`a low stress film which are alternately laminated on each other (see e. g. paragraphs [0035] and
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`[0137] where it is noted that a stress relaxing film smaller in stress, is sandwiched between the
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`layers of the multilayer passivati0n film). In response to this modification of AAPA, applicant
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`argues that the examiner ignores the fact that the instant application, i.e. AAPA, discloses the
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`stress of layers becomes higher with increasing refractive index of the layers. However, it is
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`noted that AAPA is relied upon to disclose the sequential change of refractive index among the
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`Application/Control Number: 12/702,850
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`Page 8
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`Art Unit: 2871
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`plurality of barrier layers. Yamazaki et al. is relied upon to disclose alternately laminating high
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`and low stress films in order to prevent the occurrence of cracks by placement of low stress films
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`between layers of high stress films. Further, applicant amended independent claim 1 to
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`incorporate the subject matter of former dependent claim 7. However, as noted above, Yamazaki
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`et al. ‘189 discloses utilizing a silicon nitride for forming a multi—layer barrier film (see e.g.
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`paragraphs [01 3 7] and [0161]) in order to provide a layer that prevents transmission of moisture
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`or impurities. Further, applicant argues that Yamazaki et al. ‘ 189 fails to disclose high and low
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`stress films including the silicon nitride. However, it is noted that Yamazaki et al. is relied upon
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`to disclose the high and low stress films.
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`8.
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`Therefore, claims 1, 2, 4, 6, 9 and 10 are rejected.
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`Conclusion
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`9.
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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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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`Application/Control Number: 12/702,850
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`Page 9
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`Art Unit: 2871
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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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`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 6:00AM—4z30 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Edward 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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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`Jessica M. Merlin
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`July 24, 2012
`
`/JESSICA M MERLIN/
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`Primary Examiner, Art Unit 2871
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`