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`
`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
`
`APPLICATION NO.
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`14/074,870
`
`11/08/2013
`
`Toshihiro SATO
`
`0520-41436CC2
`
`4668
`
`TYPHA IPLLC
`
`1819 L Street NW Suite 200
`Washington, DC 20036
`
`Le
`
`LLLIN
`
`PAPER NUMBER
`
`ART UNIT
`
`2693
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/08/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`arimi.yamada@ typhaip.com
`TYPHA_IP@typhaip.com
`typha_japan @typhaip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/074,870 SATO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`LIN LI No 2693
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`1) Responsive to communication(s) filed on 3/3/2016.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)K] Claim(s) 1-5is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-5 is/are rejected.
`8)L] Claim(s)___ is/are objectedto.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* 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
`or send an inquiry to PPHfeecback@uspte.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)KX] The drawing(s)filed on 3/3/2016 is/are: a)X] 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`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] Copies of the certified copies of the priority documents have been receivedin 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)
`3) TC Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`;
`;
`Oo Other:
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20160324
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined underthe pre-AlA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections 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 ofthis 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.
`
`3.
`
`Claims 1-3, 5 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Yamada (US 7091936 B1) in view of Kasahara (US 6358766 B1).
`
`Asto claim 1: Yamada discloses an organic EL display module (Fig. 1, “an EL
`
`display device 100”) comprising a pixel (Figs. 1, 3, “pixel elements 110G, 110R, and
`
`110 B”) disposed in respective intersections between a plurality of scanning lines (Fig.
`
`1, “a plurality of gate lines 51” for representing a plurality of scanning lines) and a
`
`plurality of data lines (Figs. 1, 3, “a plurality of scanning lines 52”), and a current supply
`
`line that supplies electric current to the pixel (Figs. 1, 3, “a source supply line 52” for
`
`representing a current supply line to supplies electric current to the pixel), the plurality of
`
`scanning lines and the plurality of data lines being aligned in a matrix (Figs. 1, the
`
`plurality of scanning lines 51 and the plurality of data lines 52 being aligned in a matrix),
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 3
`
`wherein the pixel includes an active device that is selected by one of the
`
`scanning lines (Fig. 2, “an active device 30”, wherein the TFT 30 for representing an
`
`active device, the gate electrodes 13 of the first TFT is connectedto the gateline 51;
`
`column 49-57, “The gate signal line 51 concurrently serves as gate electrodes 11”), a
`
`data storage device that stores a data signal that is supplied from one of the datalines
`
`(Fig. 2, “a data storage device 56 that stores a data signal which is supplied from one of
`
`data line 52; Fig. 3, “a capacitor electrode 55” and “a storage capacitor electrode 54”
`
`form a data storage device for storing a data signal; column 1, lines 39-48, “The storage
`
`capacitor electrode line 54 is arrangedin parallel to gate signal lines 51. The storage
`
`capacitor electrode line 54 is made of a material such as chrome, and forms a storage
`
`capacitor 56”; “The storage capacitor 56 is providedfor retaining a voltage applied to
`
`the gate electrode 41 of the second TFT 40”), and an organic light emitting device that
`
`emits light by the electric current supplied by the current supply line according to the
`
`data signal stored in the data storage device (Figs. 2-3, “an organic EL element 60”that
`
`emits light by the electric current supplied by the source supply line 53 through “a
`
`second TFT 40” according to the data signal stored in the data storage device 56;
`
`column 1, lines 25-48, “The source 43s of the second TFT 40 is connected to an anode
`
`61 of an organic EL element 60. The drain 43d of the TFT 40 is connected to the power
`
`source line 53 which supplies a current to the organic EL element 60”; “The storage
`
`capacitor 56 is provided for retaining a voltage applied to the gate electrode 41 of the
`
`second TFT 40”),
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 4
`
`wherein the data storage device provides a lower electrode, an insulating layer
`
`and an upperelectrode(Fig. 4, the storage capacitor electrode 54 for representing an
`
`upper electrode, “an insulating film 12”, the capacitor electrode 55 for representing a
`
`lower electrode), and
`
`wherein the upperelectrode is made of a metal material (Figs. 3-4, the storage
`
`capacitor electrode 54 is made of a metal material; column 1, lines 39-48, “The storage
`
`capacitor electrodeline 54 is made of a material such as chrome”, wherein the chrome
`
`is a metal material),
`
`wherein the lower electrode and a channellayer of the active device are located
`
`at a same layer (Fig. 4A, the lower electrode 55 and “a channel layer 13c” of the active
`
`device are located at a same layer).
`
`Yamadadiscloses the claimed invention except for the lower electrode is divided
`
`from the channel. However, Kasahara teaches an organic EL display module (Fig. 24A,
`
`“an organic EL display module”), wherein a lowerelectrode of a data storage deviceis
`
`divided from a channel of an active device (Fig. 24B shows“a lowerelectrode”of “a
`
`data storage device 332” is disposed under “a power supply line 19a” and is divided
`
`from “a channel” of “an active device 330”, wherein the dash line area of the storage
`
`device 332 for representing the lower electrode of the storage device and the dash line
`
`area of the active device 330 for representing the channel of the active device, wherein
`
`the channelof the active device and the lowerelectrode of the storage device are
`
`connectedby a bridge structure (double lines), wherein the channel of the active device
`
`and the lowerelectrode of the data storage device are disposed on a substrate for
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 5
`
`representing the channel of the active device and the lower electrode of the data
`
`storage device are disposed on the same layer; col. 27, lines 15-47, “a display device
`
`(organic EL display device), which employs an organic electroluminescent (organic EL)
`
`material of active matrix type, will be described with reference to FIGS. 24A and 24B.
`
`FIG. 24A showsa circuit diagram of the active matrix type organic EL display device.
`
`The organic EL display device is configured of a display region 11, an X-directional
`
`periphery driver circuit 12 and a Y-directional periphery driver circuit 13 which are
`
`disposed on a substrate. The display region 11 includes a switching TFT 330, a storage
`
`capacitor 332, a current controlling TFT 331, an organic EL element 333, X-directional
`
`signal lines 18a, 18b, power supply lines 19a, 19b, and Y-directional signal lines 20a,
`
`20b, 20c”; “FIG. 24B showsa top plan view which correspondssubstantially to one
`
`pixel”). It would have been obvious matter of design choice to changethe size of the
`
`lower electrode of the storage device, wherein the lower electrode of the storage device
`
`is divided from the channelof the active device as the same layer, and the lower
`
`electrode of the storage device and the channel of the active device are connected by
`
`the bridge structure, since such a modification would have involved a mere change in
`
`the size of a component. A changein size is generally recognized as being within the
`
`level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation
`
`would have beenin orderto fabricate the active matrix type organic EL display device
`
`(Kasahara: col. 27).
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 6
`
`As to claim 2: Yamada discloses wherein the upper electrode has a same layer
`
`with the scanning line (Figs. 3-4 show the upper electrode 54 of the storage capacitor
`
`electrode has a samelayerwith the gate electrode 11 of the scanning line 51).
`
`Asto claim 3: Claim 3 is a dependentclaim of claim 1. The prior art Yamada
`
`and Kasaharafurther disclose claimed limitations of wherein the active device is
`
`connected to the lower electrode (Yamada: Fig. 3, the first TFT 30 is connected to the
`
`capacitor electrode 55; column 1, lines 38-48, “the capacitor electrode 55 connected to
`
`the source 13s of the TFT 30”; Kasahara: Fig. 24B, the active device 330 is connected
`
`the lower electrode of the storage device 332). In addition, the same motivation is used
`
`as the rejection of claim 3.
`
`Asto claim 5: Claim 5 is a dependent claim of claim 1. The prior art Kasahara
`
`further discloses claimed limitations of wherein the lower electrode is separated from
`
`the channel layer by a space (Fig. 24B: the lower electrode of the data storage device
`
`332 is separated from the channel of the active device 330 by a space). In addition, the
`
`same motivation is used as the rejection of claim 5.
`
`4.
`
`Claim 4 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable over
`
`Yamada (US 7091936 B1) in view of Kasahara (US 6358766 B1) applied to claim 1
`
`above, and further in view of Yudasaka (US 6380672 B1).
`
`As to claim 4: Yamada discloses comprising:
`
`a driving transistor that controls a current supplied from the current supplyline to
`
`the organic light emitting device (Fig. 3, “a driving transistor TFT 40” that controls a
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 7
`
`current supplied from the source supply line to the organic light emitting device 60;
`
`column 1, lines 25-38, “The source 43s of the second TFT 40 is connected to an anode
`
`61 of an organic EL element 60. The drain 43d of the TFT 40 is connected to the power
`
`9sourceline 53 which supplies a current to the organic EL element 60”),
`
`wherein a channel portion of the driving transistor (Fig. 3-4, “a channel portion
`
`40”of the driving transistor is formed using “a gate electrode 41 of the driving transistor”
`
`as a maskfor ion implantation, wherein the gate electrode 41 is connected with the
`
`upperelectrode 54 at same layer of an interlayer insulating film 15).
`
`Yamada and Kasahara do not disclose a channel portion of the driving transistor
`
`is formed using the upperelectrode as a maskfor ion implantation. However, Yudasaka
`
`teaches a channel portion of a driving transistor is formed using the upperelectrode as
`
`a maskfor ion implantation (Figs. 1-2, “an upper electrode 39 of “a data storage cap”is
`
`extended as “a gate electrode 31 of a driving transistor 30” over a channel portion of the
`
`driving transistor as a maskfor ion implantation). At the time of the invention was made,
`
`it would have been obvious to a person of ordinary skill in the art to modify Yamada and
`
`Kasahara to have the upperelectrode of the data storage device extending over the
`
`channel portion of the driving transistor, wherein the channelportion of the driving
`
`transistor is formed using the upper electrode as a maskfor ion implementation as
`
`taught by Yudasaka. On thetop of that, it would have been an obvious matter of design
`
`choice to extend/enlarger the upper electrode of the data storage device over the
`
`channel portion of the driving transistor as a maskfor ion implantation, since such a
`
`modification would have involved a mere change in the size of a component. A change
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 8
`
`in size is generally recognized as being within the level of ordinary skill in the art. In re
`
`Rose, 105 USPQ 237 (CCPA 1955). The motivation would have beenin order to apply
`
`any electrode of the storage capacitor as a maskfor ion implantation and to provide an
`
`active matrix display device without breakage of an opposite electrode formed on a thick
`
`insulating film which is formed around an organic semiconductivefilm to reduce
`
`parasitic capacitance (Yudasaka: col. 3, lines 1-10).
`
`Responseto Arguments
`
`5.
`
`Applicant’s arguments on page 3-4 of Arguments/Remarks on March 3, 2016
`
`have been considered but are mootin view of the new ground(s)of rejection.
`
`Applicant submitted replacement sheets for the previous drawing objection. The
`
`replacement sheets of the drawing are accepted. The drawing objection have been
`
`withdrawn.
`
`Conclusion
`
`6.
`
`The prior art madeof record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Yamazaki (US 6498369 B1) discloses an EL pixel device, wherein a channel of
`
`an active device is divided from a lower electrode of a data storage device (Fig. 20).
`
`Kimura (US 2001/0026257 A1) discloses an active matrix device, wherein a
`
`channel of an active device is divided from a lower electrode of a data storage device
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 9
`
`and the channel and the lowerelectrode of the data storage are disposed as the same
`
`layer (Fig. 2).
`
`Koyama et al (US 2002/0021266 A1) disclose a light emitting device, wherein a
`
`channel of an active device is divided from a lower electrode of a data storage device
`
`(Fig. 7).
`
`7.
`
`Applicant's amendmentnecessitated the new ground(s) of rejection presentedin
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the eventa first reply is filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however,will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`8.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LIN LI whose telephone number is (571)270-1584. The
`
`examiner can normally be reached on Monday- Friday: 8:00am - 5:00pm.
`
`

`

`Application/Control Number: 14/074,870
`Art Unit: 2693
`
`Page 10
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Quan-Zhen Wang can be reached on 5712723114. The fax phone number
`
`for the organization wherethis 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 accessto 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.
`
`/LIN: LI/
`Examiner, Art Unit 2693
`
`

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