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`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
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`12/153,568
`
`05/21/2008
`
`Mutsuko Hatano
`
`38327
`
`7590
`
`03/18/2014
`
`JuancaflosAMmq
`c/o Morris Manning and Martin LLP
`1401 Eye Street, NW
`smog
`Washington, DC 20005
`
`
`
`
`CONF {MATION NO.
`
`7887
`
`ASAM—0285
`(28014—96433)
`
`BURKHART, ELIZABETH A
`
`1715
`
`
`
`
`NOT *ICATION DATE
`
`NW
`
`DELIVERY MODE
`
`03/18/2014
`
`ELECTRONIC
`
`Please find below and/0r 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):
`lniu @ mmmlaw.com
`ndesanti @ mmmlaw.com
`
`mmmipdocket @ system.foundationip.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 12/153,568 HATANO ET AL.
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`1715ELIZABETH BURKHART first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g 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, even if 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)IXI Responsive to communication(s) filed on 2/19/14.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)IXI Claim(s) 1,2,9 and 12 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s) 1,2,9 and 12 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim(s)
`are subject to 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
` S
`htt
`://www.usoto. ov/ atents/init events) .tv'index.‘
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of 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)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140308
`
`

`

`Application/Control Number: 12/153,568
`
`Page 2
`
`Art Unit: 1715
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`2.
`
`Claims 1, 2, 9, and 12 are pending in the application. Amended claims 1 and 9
`
`and cancelled claims 3-8,10, and 11 have been noted.
`
`Continued Examination Under 37 CFR 1. 114
`
`3.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
`
`2/19/2014 has been entered.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections 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 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.
`
`4.
`
`Claims 1 and 2 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Shimoda et al (US 2002/0146893) in view of French et al (US
`
`2007/0091062), Chang et al (US 2002/0031605), Sato et al (US 2004/0017162), and
`
`Robinson et al (US 2005/0238871).
`
`

`

`Application/Control Number: 12/153,568
`
`Page 3
`
`Art Unit: 1715
`
`Shimoda discloses a method of making a display device comprising: forming a
`
`resin material layer 2 on a main surface of a glass substrate 1 [0109], forming a plurality
`
`of lamination material layers 4 configuring a display circuit on the resin material layer
`
`[0119], and generating exfoliation at the interface between the resin material layer and
`
`glass substrate by irradiating light from the surface on the opposite side of the glass
`
`substrate [0100] (Fig. 5 & 7). The resin material layer may be polyimide [0109].
`
`Shimoda does not disclose using the resin material layer from which the glass
`
`substrate is removed as a substrate for the display device, that the resin material layer
`
`is formed by curing the resin, the specific layers included in the plurality of lamination
`
`material layers, or forming a barrier layer and base layer having the claimed
`
`compositions on the resin material layer.
`
`French discloses forming a display device wherein a rigid glass substrate is
`
`removed from a plastic substrate after deposition of the display circuits such that
`
`conventional substrate handling and processing is enabled with minimal extra
`
`equipment (Abstract). The plastic substrate enables lighter and thinner display devices
`
`[0002]. The plastic substrate may be polyimide [0068].
`
`Chang discloses that polyimide for a display device may be coated on a
`
`substrate and then cured to form a film [0007].
`
`Sato discloses a display device comprising a base layer IA on a glass substrate
`
`8GP, the base layer IA comprising silicon nitride and silicon oxide [0105], and a plurality
`
`of lamination layers on the base layer lA, the plurality of lamination layers comprising: a
`
`TFT, an insulating film lC on the TFT [0108], a pixel electrode ITO on the insulating film
`
`

`

`Application/Control Number: 12/153,568
`
`Page 4
`
`Art Unit: 1715
`
`IC and connected to the TFT [0108], an organic EL layer OCT connected onto the pixel
`
`electrode ITO [0108], a bank insulating film BMP on the insulating film IC and under the
`
`organic EL layer OCT [0108], an upper electrode CM on the organic EL layer OCT, and
`
`a protect film CG on the upper electrode CM [0108] in order to form an organic EL
`
`display device (Fig. 8).
`
`Robinson discloses that polymeric substrates are suitable for flexible organic EL
`
`display devices [0001] and when using such polymeric substrates, an organic barrier
`
`layer may be formed on the substrate to improve chemical resistance and barrier
`
`functions [0015].
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention by applicant to use the resin material layer (i.e. polyimide) of Shimoda as the
`
`substrate for the display device as suggested by French in order to form thinner and
`
`lighter display devices and to apply an organic barrier coating as suggested by
`
`Robinson in order to improve chemical resistance and barrier function. Further, it would
`
`have been obvious to form the polyimide layer of Shimoda or French by curing the resin
`
`on the substrate as suggested by Chang since it was a known method of depositing a
`
`polyimide film on a substrate for a display device. Further, it would have been obvious
`
`to include the plurality of lamination material layers of Sato on the resin layer of
`
`Shimoda or Robinson since it was a suitable configuration for forming organic EL
`
`devices.
`
`Thus, claims 1 and 2 would have been obvious within the meaning of 35 USC
`
`103 over the combined teachings of Shimoda, French, Chang, Sato, and Robinson.
`
`

`

`Application/Control Number: 12/153,568
`
`Page 5
`
`Art Unit: 1715
`
`5.
`
`Claim 9 is rejected under 35 U.S.C. 103(a) as being unpatentable over Shimoda
`
`et al (US 2002/0146893) in view of French et al (US 2007/0091062), Chang et al (US
`
`2002/0031605), Sato et al (US 2004/0017162), and Robinson et al (US 2005/0238871)
`
`as applied above and further in view of Kim et al (US 2006/0043889).
`
`Shimoda, French, Chang, Sato, and Robinson do not disclose forming an electric
`
`conductive film on the glass substrate and forming the coated resin (e.g. polyimide) on
`
`the electric conductive film.
`
`Kim discloses forming a display device wherein an electric conductive anti-static
`
`layer is formed on a donor substrate to suppress static electricity that may occur when
`
`the donor substrate is detached. The antistatic layer may be ZnO [0033].
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention by applicant to form an electric conductive layer as suggested by Kim on the
`
`glass substrate of Shimoda or French in order to suppress static electricity when
`
`removing the glass substrate.
`
`Thus, claim 9 would have been obvious within the meaning of 35 USC 103 over
`
`the combined teachings of Shimoda, French, Chang, Sato, Robinson, and Kim.
`
`6.
`
`Claim 12 is rejected under 35 U.S.C. 103(a) as being unpatentable over Shimoda
`
`et al (US 2002/0146893) in view of French et al (US 2007/0091062), Chang et al (US
`
`2002/0031605), Sato et al (US 2004/0017162), and Robinson et al (US 2005/0238871)
`
`as applied above and further in view of lnoue et al (US 2003/0040164).
`
`Shimoda does not disclose forming a third resin material layer on a rear surface
`
`of the first resin material layer after generating the exfoliation.
`
`

`

`Application/Control Number: 12/153,568
`
`Page 6
`
`Art Unit: 1715
`
`lnoue discloses that after exfoliation (Fig. 5) the thin film device is transferred to
`
`another substrate 200 (Fig. 7; [0185]-[0195]), wherein the substrate may be a resin
`
`material [0194] in order to form the display device on a more flexible, low cost substrate
`
`[0193], [0197].
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`invention by applicant to form a resin material on the rear surface of the first resin
`
`material of Shimoda after exfoliation as suggested by lnoue in order to form the display
`
`device on a flexible, low cost substrate.
`
`Thus, claim 12 would have been obvious within the meaning of 35 USC 103 over
`
`the combined teachings of Shimoda, French, Chang, Sato, Robinson, and Inoue.
`
`Response to Arguments
`
`7.
`
`Applicant’s arguments, see p. 7-8, filed 2/19/14, with respect to the rejection(s) of
`
`claim(s) 1 and 9 under 35 USC 103 have been fully considered and are persuasive.
`
`Applicant argues that the previously cited art does not teach the new limitations in the
`
`claims, specifically that Shimoda does not teach both of the claimed barrier layer and
`
`base layer. This is found persuasive as Shimoda only discloses a silica underlayer
`
`[0117]. Therefore, the rejection has been withdrawn. However, upon further
`
`consideration, a new ground(s) of rejection is made in view of Sato and Robinson (see
`
`rejection above). Sato and Robinson disclose the new limitations, specifically the
`
`organic barrier layer, the base layer, and the plurality of lamination layers as set forth in
`
`the new rejection above.
`
`

`

`Application/Control Number: 12/153,568
`
`Page 7
`
`Art Unit: 1715
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ELIZABETH BU RKHART whose telephone number is
`
`(571)272-6647. The examiner can normally be reached on M-Th 6-4:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Timothy Meeks can be reached on 571-272—1423. 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 http://pair-direct.uspto.gov. Should
`
`you have questions on access to 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.
`
`/ELIZABETH BURKHART/
`
`Primary Examiner, Art Unit 1715
`
`

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