`
`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 22313-1450
`www.uspto.gov
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`APPLICATION NO.
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` FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATIONNO.
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`12/714,744
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`03/01/2010
`
`Takao SATO
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`501.50424X00
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`7403
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`20457
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`7590
`
`11/27/2012
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`ANTONELLI, TERRY, STOUT & KRAUS, LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON,VA 22209-3873
`
`NGUYEN, HOAN C
`
`2871
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`MAIL DATE
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`11/27/2012
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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
`
`
` 12/714,744 SATO ET AL.
`Examiner
`Art Unit
`HOAN C. NGUYEN
`2871
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLYIS 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 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.
`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, evenif 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)X] Responsive to communication(s)filed on 06 November 2012.
`2a)X] This action is FINAL.
`2b) This action is non-final.
`3)L]
`Anelection was made bythe applicant in responseto a restriction requirementset forth during the interview on
`___; the restriction requirement and election have beenincorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)X] Claim(s) 1-78 is/are pending in the application.
`5a) Of the above claim(s) 6-17 is/are withdrawn from consideration.
`6)L] Claim(s) _____is/are allowed.
`7)X] Claim(s) 1-5,18 is/are rejected.
`8)L] Claim(s) ___ is/are objected to.
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`9)L] Claim(s)
`are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, you may beeligible to benefit from the Patent Prosecution Highway
`program ata participating intellectual property office for the corresponding application. For more information, please see
`http/Awww.usoto.gov/patents/init events/pph/index isp or send an inquiry to PPHfeedback@uspto.qov.
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`Application Papers
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`10)L] The specification is objected to by the Examiner.
`
`11) The drawing(s)filed on
`is/are: a)[_] accepted or b)[_] 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).
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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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`Priority under 35 U.S.C. § 119
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`12)[.] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)LJ All
`b)L] Some * c)L] None of:
`1.] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof 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) Cc Notice of References Cited (PTO-892)
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`2) CT] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
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`3) | Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) Cc] Other:
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`PTOL-326 (Rev. 09-12)
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`Office Action Summary
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`Part of Paper No./Mail Date 20121108
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`
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`Application/Control Number: 12/714,744
`Art Unit: 2871
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`Applicant's arguments with respect to claims 1 and 18 based on the Response
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`filed on 11/06/2012 have been considered but are mootin view of the new ground(s) of
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`rejection. Therefore, this is Final action.
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`Claims 6-17 are withdrawn. Claims 1-5 and 18 are elected.
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of 35 U.S.C. 112(b):
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`(B) CONCLUSION.—Thespecification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the inventor or a
`joint inventor regards as the invention.
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`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
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`The specification shall conclude with one or moreclaims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
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`Claims 1-5 and 18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AlA the
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`applicant regards asthe invention.
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`Claim 1 cites “a plurality of rectangular second organic insulating films disposed
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`so _as to avoid forming regions of the metal films and serving as basesof the column
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`spacers in a mixed manneralong sides of the panel substrate region regions in a non-
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`panel region at the periphery of each of the panel substrate regions”
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`Whatdoes “a plurality of rectangular second organic insulating films disposed so
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`as to avoid forming regions of the metal films” mean?
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`
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`Application/Control Number: 12/714,744
`Art Unit: 2871
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`Page 3
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`Claims 1 or 8 cites “a side positioned on a start side of the rubbing, among sides
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`of each ofthe first organic insulating films PAS2, is defined as a first side, and each of
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`sides substantially parallel to the rubbing direction, among sides of the second organic
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`insulating film OPS disposed adjacentto the first side, is defined as a second side, a
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`portion ofthefirst side that crosses the second side when the second side extends in
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`the rubbing direction is formed so as to have a predetermined angle other than O and
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`90 with respect to a direction perpendicular to the rubbing direction”.
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`Whatare “among sidesof eachofthefirst organic insulating films PAS2”? What
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`are “sides”?
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`Whatis “each of sides substantially parallel to the rubbing direction”? What are
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`“sides”?
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`Application/Control Number: 12/714,744
`Art Unit: 2871
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`Page 4
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`Whatis “among sides of the second organic insulating film OPS disposed
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`adjacentto the first side”? What are “sides”?
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`Claims 2-5 are rejected sine they depend on the indefinite claim 1.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`the basis for the rejections under this section madein this Office action:
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`A personshall be entitled to a patent unless —
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`(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.
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`Claim 18 is rejected under 35 U.S.C. 102(b) as being anticipated by Noritakeetal.
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`(US6100584).
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`
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`Noritake et al. disclose a liquid crystal display device produced by rubbing (as shownin
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`Fig. 1) aresin film formed on an uppersurface of a stacked body (20a or 20b) as shown
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`in Fig. 3) in each of a plurality of panel regions 104 (as shownin Fig. 2) arranged in
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`substantially perpendicular directions of a first substrate in a direction substantially
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`
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`Application/Control Number: 12/714,744
`Art Unit: 2871
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`Page 5
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`parallel to or in a direction substantially perpendicular to the arrangementdirections of
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`the plurality of panel regions, and forming, in the case wherea side positioned on a
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`rubbing start side (as shownin Fig. 1), among sides of eachoffirst organic insulating
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`films (layer insulation film 32), is defined as a first side, and each of sides parallel to a
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`rubbing direction, among sides of a second organic insulating film (enclosure 11 is
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`preferably made of the same material and in the same process as the black matrix 21,
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`which is made of a polyimide resin) disposed adjacentto the first side, is defined as a
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`second side, a portion of the first side that crosses the second side when the second
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`side is extends in the rubbing direction so as to have a predetermined angle other than
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`0° and 90° with respect to a direction perpendicular to the rubbing direction (as shownin
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`Fig. 1), as viewed in a plane.
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`Conclusion
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`Applicant's amendmentnecessitated the new ground(s)of rejection presentedin
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`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.
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`In the eventa first reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`
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`Application/Control Number: 12/714,744
`Art Unit: 2871
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`Page 6
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`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the dateof this final action.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to HOAN C. NGUYEN whosetelephone numberis
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`(571)272-2296. The examiner can normally be reached on MONDAY-
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`THURSDAY:8:00AM-4:30PM.
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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
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`for the organization wherethis application or proceeding is assigned is 571-273-8300.
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`
`/HOAN C NGUYEN/
`Primary Examiner, Art Unit 2871
`
`