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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
`www.uspto.gov
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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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`CONF {MATION NO.
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`13/202,386
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`08/19/201 1
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`Takayuki Shimamura
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`MAT— 10507US
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`8024
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`EXAMINER
`RATNERPRESTIA —
`0mm” —
`7590
`52473
`PO. BOX 980
`SNYDER, ZACHARY I
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`28 89
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`NOT *ICATION DATE
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`DELIVERY MODE
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`07/1 1/2013
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`ELECTRONIC
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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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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`Office Action Summary
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`Application No.
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`Applicant(s)
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` 13/202,386 SHIMAMURA ET AL.
`Examiner
`Art Unit
`ZACHARY J. SNYDER
`2889
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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.
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`- 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)|Zl Responsive to communication(s) filed on 2/21/2013.
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`2a)IZI This action is FINAL.
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`2b)|: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)|Z Claim(s) 1 and2is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)|:| Claim(s) _ is/are allowed.
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`7)|Xl Claim(s) 1and2is/are rejected.
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`8)|:| Claim(s) _ is/are objected to.
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`9)I:I Claim((s)
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`are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, 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
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`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
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`Application Papers
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`10)|:| The specification is objected to by the Examiner.
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`11)|Xl The drawing(s) filed on 19 August 2011 is/are: a)lZl accepted or b)I:I 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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`Priority under 35 U.S.C. § 119
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`12)]Xl Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lZl All
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`b)|:l Some * c)I:I None of:
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`1.IXI Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I: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) IZI Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
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`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
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`Office Action Summary
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`Part of Paper No./Mai| Date 20130702
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`Application/Control Number: 13/202,386
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`Page 2
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`Art Unit: 2889
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`DETAILED ACTION
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`Response to Amendment
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`Receipt is acknowledged of applicant's amendment filed 2/21/2013. Claims 1—2 are
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`pending and an action on the merits is as follows.
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`Response to Arguments
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`Applicant's arguments filed 2/21/2013 have been fully considered but they are not
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`persuasive.
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`The Applicant has argued the following about the Ohnuma reference:
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`1) Ohnuma pertains to the field of semiconductors, not display panels, so an ordinarily
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`skilled person would therefore not modify the plasma display panel of Kim based on the
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`teachings of Ohnuma since the latter reference pertains to a quite different technical field (page
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`6).
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`7).
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`2) Ohnuma also does not teach that insulating layer 104 is a dielectric layer (pages 6 and
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`In response:
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`1) Ohnuma teaches in paragraph 32 that the present invention can also be applied to a
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`semiconductor deVice (also referred to as a display deVice) haVing a function of displaying.
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`Paragraph 33 states that as a display element or a semiconductor deVice a plasma display panel
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`(PDP) can be employed.
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`Application/Control Number: 13/202,386
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`Page 3
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`Art Unit: 2889
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`2) Ohnuma teaches that the silicon oxide film is formed as an insulating layer 104
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`(paragraph 79). Sugawa teaches that the dielectric layer is formed of a material containing
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`silicon oxide (abstract). Therefore, the insulating layer of Ohnuma would be considered a
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`dielectric layer.
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`Claim Rejections - 35 USC § 103
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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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`Claims 1 and 2 rejected under 35 U.S.C. 1031a) as being unpatentable over US PG
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`Publication 2006/0220557 A1 to Sugawa et al. in View of U.S. PG Publication 2009/0004878 A1
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`to Ohnuma et al.
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`In regard to claim 1, Sugawa discloses in figure 2, a plasma display panel comprising:
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`a front plate including a front glass substrate (front substrate 11 may be a glass substrate,
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`paragraph 29), display electrodes (display electrodes X, Y) disposed on the front glass substrates,
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`a dielectric layer (dielectric layer 17) disposed on the display electrodes and a protective layer
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`(protective film 18) covering the dielectric layer (shown in figure 2);
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`a rear plate (rear substrate 21) disposed opposite to the front plate (shown in figure 2), the
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`rear plate including an underlying dielectric layer (dielectric layer 24);
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`Application/Control Number: 13/202,386
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`Page 4
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`Art Unit: 2889
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`a plurality of barrier ribs (barrier ribs 29) disposed on the underlying dielectric layer
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`(shown in figure 2); and
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`phosphor layers (Phosphor layers 28R, 28G and 28B) disposed on the underlying
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`dielectric layer and on side surfaces of the barrier ribs (shown in figure 2), wherein:
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`the protective layer includes at least a first metal oxide and a second metal oxide
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`(protective film may be formed of a metal oxide composition comprising, as a main component,
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`one selected from the group consisting of CaO, SrO and BaO and a mixture of two or more of
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`these, or a mixture of said metal oxide composition with MgO, paragraph 23);
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`the protective layer exhibits at least one peak in X—ray diffraction analysis (inherently
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`true, it must exhibit at least one peak), the peak lying between a first peak of the first metal oxide
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`in X—ray diffraction analysis and a second peak of the second metal oxide in X—ray diffraction
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`analysis, the first peak and the second peak showing a plane direction identical to that which the
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`peak shows (this is inherently true for the particular materials used to form the protective layer,
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`because Sugawa discloses the claimed first metal oxide and second metal oxide, the same peak
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`would be exhibited);
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`the first metal oxide and the second metal oxide are two selected from the group
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`consisting of magnesium oxide, calcium oxide, strontium oxide, and barium oxide (protective
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`film may be formed of a metal oxide composition comprising, as a main component, one
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`selected from the group consisting of CaO, SrO and BaO and a mixture of two or more of these,
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`or a mixture of said metal oxide composition with MgO, paragraph 23).
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`Sugawa does not explicitly disclose that an arithmetic average roughness "Ra" of a
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`surface of the dielectric layer under the protective layer is not more than 50 nm.
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`Application/Control Number: 13/202,386
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`Page 5
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`Art Unit: 2889
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`Ohnuma teaches in figure 4c a plasma display panel comprising a dielectric layer and
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`that that an arithmetic average roughness "Ra" of a surface of the dielectric layer is not more than
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`50 nm (the surface of the insulating layer 104 is preferably set as follows: preferably, arithmetic
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`mean roughness Ra is less than 0.8 nm, paragraph 82).
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`At the time of the invention, it would have been obvious to one of ordinary skill in the
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`art, having the teachings of Sugawa and Ohnuma before him or her, to modify the dielectric layer
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`of Sugawa so that that an arithmetic average roughness "Ra" of a surface of the dielectric layer is
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`not more than 50 nm as taught by Ohnuma in order to obtain a smooth film that can be suitably
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`used as a growth surface for a protective layer made of metal oxides (paragraph 82).
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`In regard to claim 2, Sugawa also inherently discloses that a specific plane direction of
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`the protective layer is a plane (111) because this is inherently true for the particular materials
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`used to form the protective layer. Since Sugawa discloses the claimed first metal oxide and
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`second metal oxide, the same peak would be exhibited.
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`Conclusion
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`Applicant's amendment on 2/21/2013 necessitated the new ground(s) of rejection
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`presented in 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. In the event a first reply is filed within TWO
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`Application/Control Number: 13/202,386
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`Page 6
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`Art Unit: 2889
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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 l.l36(a) Will be calculated from the mailing date of the advisory action. In no event,
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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 ZACHARY J. SNYDER Whose telephone number is (571)270—
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`5291. The examiner can normally be reached on Monday through Friday, 9:30AM to 6PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Anh Mai can be reached on (571)—272—1995. 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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`/ZACHARY J SNYDER/
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`Examiner, Art Unit 2889
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`Application/Control Number: 13/202,386
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`Page 7
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`Art Unit: 2889
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`/Karabi Guharay/
`Primary Examiner, Art Unit 2889
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