www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/844,676
`
`04/09/2020
`
`Ryouichi OOTSU
`
`20295.0043USC1
`
`1029
`
`HAY
`
`M
`
`TLER
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`NGUYEN, HOAN C
`
`2871
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/03/2021
`
`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):
`PTOMail @hsml.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`9-13,16 and 24-25 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)__ is/are allowed.
`Claim(s) 9-13,16 and 24-25is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210823
`
`Application No.
`Applicant(s)
`16/844,676
`OOTSU et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HOAN C NGUYEN
`2871
`Yes
`
`
`
`-- The MAILING DATEofthis 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 underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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).
`
`Status
`
`1) Responsive to communication(s) filed on 08/19/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`The present application, filed on or after March 16, 2013, is being examined under the
`first inventor to file provisions of the AIA.
`
`Claims 1-8, 14-15, 17-23 are canceled. New claim 25 added. Therefore, Claims 9-73,
`16 and 24-25 are pending.
`
`e
`
`Drawings
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`feature of the invention specified in the claims. Therefore, the features of
`e
`“a black matrix that overlaps the plurality of drain lines and the plurality of gate
`lines; and @ plurality ofsits are formed in the black matrix, wherein the plurality of
`
`sits overiao with 2 thin fim transistor in the disolay regio” in claim 9 [Fig. 5C
`shows the single slit 108-2 (not the plurality of slits) may be formed in a region that also
`overlaps with the thin film transistor [0053]].
`“a first black matrix, the first black matrix overlapping with the plurality of drain
`lines, and an edge ofthe first black matrix is co-planar with an edge of the
`display pane? in claim 10
`“the plurality of slits are formed at the midpoint in a direction extending along the
`gate lines’ in claim 12
`“the plurality of slits are covered by two adjacent colorfilters” in claim 13
`“the black matrix includes a second black matrix, the second black matrix
`overlapping with the plurality of gate lines is co-planar with the display panel, and
`the plurality of slits are perpendicular to the gate lines and extends along the
`drain lines” in claim 16
`“aslit formed in the black matrix, wherein the slit overlaps with a thin film
`transistor formed at an intersecting point between oneof the plurality of drain
`lines and one ofthe plurality of gate lines” in claim 25
`must be shown or the feature(s) canceled from the claim(s). No new matter should be
`entered,
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
`reply to the Office action to avoid abandonmentof the application. Any amended
`replacement drawing sheet should include all of the figures appearing on the immediate
`prior version of the sheet, even if only one figure is being amended. The figure or figure
`number of an amended drawing should not be labeled as “amended.” If a drawing figure
`is to be canceled, the appropriate figure must be removed from the replacement sheet,
`and where necessary, the remaining figures must be renumbered and appropriate
`changes made to the brief description of the several views of the drawings for
`consistency. Additional replacement sheets may be necessary to show the renumbering
`of the remaining figures. Each drawing sheet submitted after the filing date of an
`application must be labeled in the top margin as either “Replacement Sheet” or “New
`Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
`the applicant will be notified and informed of any required corrective action in the next
`Office action. The objection to the drawings will not be held in abeyance.
`
`e
`
`e
`e
`
`e
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 3
`
`Double Patenting
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`least one examined application claim is not patentably distinct from the reference
`claim(s) because the examined application claim is either anticipated by, or would have
`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d)
`may be used to overcome an actual or provisional rejection based on nonstatutory
`double patenting provided the reference application or patent either is shown to be
`commonly owned with the examined application, or claims an invention made as a
`result of activities undertaken within the scope of a joint research agreement. See
`MPEP § 717.02 for applications subject to examination underthe first inventor to file
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seg.for
`applications not subject to examination under the first inventorto file provisions of the
`AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`The USPTOInternet website contains terminal disclaimer forms which may be
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`be filled out completely online using web-screens. An eTerminal Disclaimerthat
`meets all requirements is auto-processed and approved immediately upon
`submission. For more information about eTerminal Disclaimers, refer to
`www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
`
`Claims 9-13, 16, 24 and 25 are provisionally rejected on the ground of nonstatutory
`double patenting as being unpatentable over the allowed claims 9-13, 16 and 24 of
`copending Application No. U.S. Patent No. 15/941934in view of Song (US
`20010046003).
`
`Claims 9-13, 16, 24 and 25 has same limitations as the allowed claims 9-13, 16 and 24
`of prior U.S. Patent No. 15/941934 except the features of “a thin film transistor in the
`display region” in claim the amended9 and “a thin film transistor formed at an
`intersecting point between one of the plurality of drain lines and one of the plurality of
`gate lines” in the new claim 25, which obviously disclose in Song. Claims 10-13, 16 and
`24 are the same same limitations (word by word) of the allowed claims 9-13, 16 and 24
`of prior U.S. Patent No. 15/941934.
`
`This is a provisional nonstatutory double patenting rejection.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 4
`
`Claim Rejections - 35 USC § 102
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
`the basis for the rejections under this section made in this Office action:
`A person shall be entitled to a patent unless —
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale, or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`1.
`
`anticipated Py Song (US 20010046003).
`a i
`-
`Tl
`
`Claims 9-10 and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being
`
`
`
`tenateeernentnnetiaieLNigccceapeeceeensuutueanaeugenpcagennae
` ecancleerdystret
`
`
`
`Regard to claim 9, Song disclosesaliquid crystal display device, comprising:
`a display panel having a display region,
`the display region including
`o
`aplurality of gate lines 22 and
`o
`aplurality of drain lines [data lines 62];
`o ablack matrix 90 that overlaps the plurality of drain lines and the plurality
`of gate lines [the black matrix 90 includes horizontal portions 92 that
`horizontally extend (in FIG. 1) in parallel over the surface of the lower substrate
`10 at a predetermined distance from each other, and vertical portions 94 that
`vertically extend (in FIG. 1) in parallel over the surface of the lower substrate 10
`at a predetermined distance from each other [0041 ]]; and
`a plurality of slits are formed in the black matrix [formedslits on a plurality of
`gate lines as Fig. 5C in the instant application. Claim 9 do notcite “the plurality
`of slits overlap with each of
`thin film transistors”, which has not shown in an
`Drawing, see Drawing Objection above], wherein the plurality of slits overlap
`with a thin film transistor in the display region [as shown in Fig. 3. a black
`matrix 90 includes inner apertures 96formed along a longitudinal direction
`within the horizontal and vertical portions 92 and 94 of the black matrix 90
`[0054]].
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 5
`
`Regard to claim 10, Song discloses the liquid crystal display device, wherein the black
`matrix includes
`e
`a first black matrix, the first black matrix 94 overlapping with the plurality of drain
`lines [data lines 62], and
`an edge of the first black matrix is co-planar with an edge of the display panel [as
`shownin Fig. 2, the black matrix 90 is formed on an inner surface of an insulating lower
`substrate 10 [0041].
`
`e
`
`Regard to claim 24, Song discloses the liquid crystal display device further comprising a
`substrate [an insulating lower substrate 10] on which at least one colorfilter 210 is formed,
`and part of the black matrix 90/92/94 is disposed between the at least one color filter
`210 and the substrate 10.
`
`Regard to claim 25, Song disclosesaliquid crystal display device, comprising:
`e
`adisplay panel having a plurality of gate lines and
`e
`aplurality of drain lines [data lines 62];
`e
`ablack matrix that overlaps the plurality of drain lines and the plurality of gate
`lines [the black matrix 90 includes horizontal portions 92 that horizontally extend (in
`FIG. 1) in parallel over the surface of the lower substrate 10 at a predetermined distance
`from each other, and vertical portions 94 that vertically extend (in FIG. 1) in parallel
`over the surface of the lower substrate 10 at a predetermined distance from each other
`[0041]]; and
`aslit formed in the black matrix, wherein the slit overlaps with a thin film
`transistor formed at an intersecting point between one of the plurality of drain
`lines and one of the plurality of gate lines [as shown in Fig. 3. a black matrix 90
`includes inner apertures 96 formed along a longitudinal direction within the horizontal
`andvertical portions 92 and 94 of the black matrix 90 [0054]].
`
`e
`
`Claim Rejections - 35 USC § 103
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`rejections set forth in this Office action:
`A patentfor a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obviousbefore the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Song
`1.
`(US 20010046003) as applied claims 9-10 in view of Jun et al. (US 20140293171).
`Song also disclosesthe liquid crystal display device further comprising
`e
`aplurality of pixels formed in a matrix in the display region,
`e
`apixel from the plurality of pixels being defined by two adjacent drain lines from
`the plurality of drain lines and two adjacentgate lines from the plurality of gate
`lines,
`wherein the plurality of slits 96 are formed at the midpoint in a direction extending along
`the gate lines (the width of slits 96 extending along the gate lines) as claim 12 cited.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 6
`
`Song fails to disclose the liquid crystal display device, wherein each one of the plurality
`of drain lines is bent at a midpoint between an upper half of the pixel and an lower half
`of the pixel.
`
`Jun et al. teach the liquid crystal display device, wherein each one of the plurality of
`drain lines 117 and the plurality of of light shielding patterns 108b is bent at a midpoint
`between an upper half of the pixel and an lower half of the pixel.
`It would be obvious as
`a matter of design choice to “form the plurality of slits at the midpoint between an upper
`half of the pixel and an lower half of the pixel, since applicant has not disclosed that
`“the plurality of slits formed at the midpoint between an upperhalf of the pixel and an
`lower half of the pixel solves any stated problem or is for any particular purpose andit
`appearsthat the invention would perform equally well with “the plurality of slits formed at
`the midpoint between an upperhalf of the pixel and an lowerhalf of the pixe?r.
`
`Therefore, it would have been obvious to one having ordinary skill in the art at the time
`the invention was madeto further modify a liquid crystal display device as Song
`disclosed with each one of the plurality of drain lines be bent at a midpoint between an
`upperhalf of the pixel and an lower half of the pixel for realizing a multi-domain
`structure with a symmetric driving direction of liquid crystal modules [0075] as Jun etal.
`taught.
`
`Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Song (US
`2.
`20010046003) as applied to claim 9 in view of Nakagawa (US 20090033819).
`
`song also discloses the liquid crysial display device, wherein the black matrix inchucies
`®
`asecond black matrix 92, the second black matrix G2 overlapping with the
`olurality of gate lines 22 is co-planar with the display panel, and
`the pluraliy of slits are peraliel lo the gate lines and extends along the drain lines
`shown in Fig. 3.
`
`e
`
`However, Song fails to disclose the liquid crystal display device, wherein the olurality af
`sits are oerpendicular to the gate lines and extends along the drain lines.
`510s
`
`} dim
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 7
`
`Nakagawa teaches ihe liquid crystal display device, wherem a pluralily of slits 510s are
`formed in the black matrix 510, wherein the plurality of sits overlap with each of thin film
`transistors. The sits 510s are an example of an “opening” according to the invention
`and are opened in the ligqht-shieiding films 570 s0 as to extend in the channel length
`direction (that is, the % direction that assume to be gate lines) of the sarnmpling TFTs 71.
`Thus the sits 510s should perpendicular to the gate lines.
`it would be obvious as 4 matter of design choice to form “the plurality of siits
`perpendicular to the gale lines and extends along the drain lines’, since applicant has
`not disclosed that “fhe plurality of slits perpendicuiar io the gate lines and extends along
`the orain lines” solves any slated problem or is for any particular ourpose and il appears
`thal the invention would perform equally well with “the plurality of slits perpendicular to
`ihe gate lines and extends along the drainlines”.
`
`Therefore, it would have been obvious to one having ordinary skill in the art at the time
`the invention was madeto further modify a liquid crystal display device as Song
`disclosed with the plurality of sits perpendicular to the gale ines and extends along the
`drain ines for suppressed the light leghage or the light reflection of the perioheral area
`[0014] as Nakagawa taught.
`
`Allowable Subject Matter
`Claim 13 is objected to as being dependent upon a rejected base claim, but would be
`allowable if rewritten in independentform including all of the limitations of the base
`claim and any intervening claims.
`
`The following is a statement of reasons for the indication of allowable subject matter:
`
`Claim 13 is allowed since there is no prior teaches the liquid crystal display device,
`wherein the plurality of slits are covered by two adjacentcolor filters as shown in Figs.
`6A and 6Cof the instant application.
`
`Conclusion
`Applicant's amendment necessitated the new ground(s) of rejection presented in 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 shortenedstatutory period for reply to this final action is set to expire THREE
`MONTHS from the mailing date of this action.
`In the event a first reply is filed within
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`mailed until after the end of the THREE-MONTH shortened 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.
`Any inquiry concerning this communication or earlier communications from the
`examiner should be directed to HOAN C NGUYEN whose telephone numberis
`(571)272-2296. The examiner can normally be reached on 8:00AM - 7:00PM.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 8
`
`Examiner interviews are available via telephone, in-person, and video
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`(AIR) at http://www.uspto.gov/interviewpractice.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, Edward J Glick can be reached on (571)272-2490. The fax phone number
`for the organization where this application or proceeding is assigned is 571-273-8300.
`Information regarding the status of an application may be obtained from the
`Patent Application Information Retrieval (PAIR) system. Status information for
`published applications may be obtained from either Private PAIR or Public PAIR.
`Status information for unpublished applications is available through Private PAIR only.
`For more information about the PAIR system, see https://ppair-
`my.uspto.gov/pair/PrivatePair. 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.
`/HOAN C NGUYEN/
`Primary Examiner, Art Unit 2871
`
`