`
`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
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
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`12/546, 808
`
`08/25/2009
`
`Takao SATO
`
`1497.50143X00
`
`4086
`
`20457
`
`7590
`
`04/05/2013
`
`ANTONELLLTERRY, STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`ARENDT, PAISLEY L
`
`2871
`
`MAIL DATE
`
`04/05/2013
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 12/546,808 SATO ET AL.
`Examiner
`Art Unit
`PAISLEY L. ARENDT
`2871
`
`-- 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 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.
`-
`- 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).
`
`Status
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`1)|Zl Responsive to communication(s) filed on 07 January 2013.
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`2a)|:l This action is FINAL.
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`2b)IXI 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) 1-3 and 11-16 is/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) 1-3and11- 16is/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
`
`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
`
`Application Papers
`
`10)|:| 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).
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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).
`
`Priority under 35 U.S.C. § 119
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`12)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)I:I All
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`b)|:l Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
`
`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.
`
`
`
`Attachment(s)
`
`1) IZI Notice of References Cited (PTO-892)
`
`2) E Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date 11/19/2012.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20130318
`
`

`

`Application/Control Number: 12/546,808
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`Page 2
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`Art Unit: 2871
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1.114
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`1.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR l.l7(e)
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`has been timely paid, the finality of the preVious Office action has been withdrawn pursuant to
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`37 CFR 1.114. Applicant’s submission filed on January 7, 2013 has been entered.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The following is a quotation of the fourth paragraph of 35 USC. 112:
`
`Subject to the [fifth paragraph of 35 USC. 112], a claim in dependent form shall contain a reference to a claim
`previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent
`form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
`
`3.
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`Claims 13-16 are rejected under 35 USC. 112, 4th paragraph, as being of improper
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`dependent form for failing to further limit the subject matter of the claim upon which it depends,
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`or for failing to include all the limitations of the claim upon which it depends. Claim 1, as now
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`amended, recites the limitation “wherein the spacers are each greater in height than the
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`pedestals.” Accordingly, dependent claims 13— 16 no longer further limit claim 1, on which
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`claims 13—16 depend. Applicant may cancel the claim(s), amend the claim(s) to place the
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`claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a
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`sufficient showing that the dependent claim(s) complies with the statutory requirements.
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`

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`Application/Control Number: 12/546,808
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`Page 3
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`Art Unit: 2871
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 USC. 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.
`
`5.
`
`Claims 1-3 and 11-16 are rejected under 35 USC. 103(a) as being unpatentable over
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`Paik et al. (US 2007/0139604) in View of Sonoda et al. (US 6,433,852), of record, and Lee (US
`
`2006/0290860), of record.
`
`Regarding claims 1, 13 and 14, Paik et al. discloses a liquid crystal display device (see
`
`Figs. 4—9), comprising:
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`a first substrate (60, Fig. 4, and 100, Figs. 5 and 7) and a second substrate (70, Fig. 4, and
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`200, Figs. 5 and 7) opposing to each other;
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`a plurality of spacers (80, Fig. 4, and 50, Figs. 5—7 and 9) formed on a surface of the first
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`substrate, the surface opposing to the second substrate, the plurality of spacers each having a first
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`surface on a top portion thereof (see Figs. 4, 5 and 7);
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`a first alignment film (para. [0057 and 0072]) formed on and above the surface of the first
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`substrate and on the plurality of spacers, the surface opposing to the second substrate;
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`a plurality of pedestals (85, Fig. 4, and 51, Figs. 5—9) formed on a surface of the second
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`substrate, the surface opposing to the first substrate, the plurality of pedestals each having a
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`second surface on a top portion thereof (see Figs. 4, 5 and 7), the plurality of pedestals each
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`being located to oppose a corresponding one of said spacers (see Figs. 4—7 and 9);
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`

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`Application/Control Number: l2/546,808
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`Page 4
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`Art Unit: 2871
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`a second alignment film (para. [0057 and 0072]) formed on and above the surface of the
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`second substrate and on the plurality of pedestals, the surface opposing to the first substrate; and
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`liquid crystal (55, Fig. 7) disposed between the first alignment film and the second
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`alignment film (para. [0035, 0038, 0057 and 0072]), wherein:
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`the plurality of pedestals each are formed into an island—like shape (see Figs. 4—9);
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`for each pedestal and its corresponding opposed spacer:
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`the second surface of the pedestal is smaller in area than the first surface of the
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`spacer (see Figs. 4—7 and 9 and para. [0035—0037]); and
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`the first surface of the spacer and the second surface of the pedestal are disposed
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`so as to oppose to each other (see Figs. 4—7 and 9 and para. [0037—0038]); and
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`the plurality of spacers and the plurality of pedestals include a first group (see 50a and 51
`
`in first column, Figs. 6, 7 and 9, for instance) of the plurality of spacers and the plurality of
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`pedestals, the first group including at least a first pair of one of the plurality of spacers and one of
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`the plurality of pedestals opposing to each other, and a second group (see 50a and 51 in third
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`column, Figs. 6, 7 and 9, for instance) of the plurality of spacers and the plurality of pedestals,
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`the second group including at least a second pair of another one of the plurality of spacers and
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`another one of the plurality of pedestals opposing to each other (see Figs. 6, 7 and 9),
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`wherein each of the spacers is comprised of resin (para. [0044 and 0061]), and wherein
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`each of said pedestals is comprised of a plurality of layers (see 42 and 44a, Figs. 5, 7 and 8, and
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`para. [0046]), and
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`wherein the spacers are each greater in height than the pedestals (see Figs. 4, 5 and 7).
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`

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`Application/Control Number: 12/546,808
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`Page 5
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`Art Unit: 2871
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`Paik et al. fails to explicitly disclose wherein: for each spacer, the first alignment film
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`includes a first portion positioned on the first surface of the spacer; for each pedestal, the second
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`alignment film includes a second portion positioned on the second surface of the pedestal; the
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`first portion of the first alignment film and the second portion of the second alignment film
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`contact with each other; and the plurality of spacers and the plurality of pedestals which form the
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`first group and the plurality of spacers and the plurality of pedestals which form the second
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`group are disposed so that a center of the first surface and a center of the second surface are
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`displaced in different directions.
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`However, Sonoda et al. discloses a liquid crystal display device (see Figs. 2, 6 and 7),
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`comprising:
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`a first alignment film (ORI2) formed on and above a surface of a first substrate (SUB2)
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`and on a plurality of spacers (SP1), the surface opposing to a second substrate (SUBl);
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`a second alignment film (ORIl) formed on and above a surface of the second substrate
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`and on a plurality of pedestals (SP2), the surface opposing to the first substrate; and
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`liquid crystal (LC) disposed between the first alignment film and the second alignment
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`film, wherein:
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`for each spacer, the first alignment film includes a first portion positioned on a first
`
`surface of the spacer (see ORI2 on SP1);
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`for each pedestal, the second alignment film includes a second portion positioned on a
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`second surface of the pedestal (see ORIl on SP2); and
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`the first portion of the first alignment film and the second portion of the second alignment
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`film contact with each other (see Figs. 2, 6 and 7).
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`

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`Application/Control Number: 12/546,808
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`Page 6
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`Art Unit: 2871
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`It would have been obvious to one having ordinary skill in the art at the time the
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`applicant’s invention was made to incorporate wherein: for each spacer, the first alignment film
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`includes a first portion positioned on the first surface of the spacer; for each pedestal, the second
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`alignment film includes a second portion positioned on the second surface of the pedestal; and
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`the first portion of the first alignment film and the second portion of the second alignment film
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`contact with each other, as in Sonoda et al., into the LCD device of Paik et al. to provide a
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`material adjacent to and in direct contact with the liquid crystal in order to align the liquid crystal
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`molecules.
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`Lee discloses a liquid crystal display device (see Figs. 5—7, 9 and 10), comprising:
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`a plurality of spacers (110) formed on a surface of a first substrate (100), the surface
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`opposing to a second substrate (200), the plurality of spacers each having a first surface on a top
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`portion thereof (see Figs. 7 and 10); and
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`a plurality of pedestals (210) formed on a surface of the second substrate, the surface
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`opposing to the first substrate, the plurality of pedestals each having a second surface on a top
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`portion thereof (see Figs. 7 and 10), the plurality of pedestals each being located to oppose a
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`corresponding one of said spacers (see Figs. 5—7 and 10 and para. [0033—0034, 0044 and 0049—
`
`0050]), wherein:
`
`the plurality of spacers and the plurality of pedestals include a first group (see 210a and
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`llOa, Figs. 5—6) of the plurality of spacers and the plurality of pedestals, the first group including
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`at least a first pair of one of the plurality of spacers and one of the plurality of pedestals opposing
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`to each other, and a second group (see 210C and llOc, Figs. 5—6) of the plurality of spacers and
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`the plurality of pedestals, the second group including at least a second pair of another one of the
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`

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`Application/Control Number: 12/546,808
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`Page 7
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`Art Unit: 2871
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`plurality of spacers and another one of the plurality of pedestals opposing to each other (see Figs.
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`5 and 6); and
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`the plurality of spacers and the plurality of pedestals which form the first group and the
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`plurality of spacers and the plurality of pedestals which form the second group are disposed so
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`that a center of the first surface and a center of the second surface are displaced in different
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`directions (see Figs. 5—7 and para. [0035-0036 and 0039]).
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`It would have been obVious to one haVing ordinary skill in the art at the time the
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`applicant’s invention was made to incorporate the plurality of spacers and the plurality of
`
`pedestals which form the first group and the plurality of spacers and the plurality of pedestals
`
`which form the second group disposed so that a center of the first surface and a center of the
`
`second surface are displaced in different directions, as in Lee, into the LCD deVice of Paik et al.
`
`and Sonoda et al. to prevent shifting of the column spacers, thus reducing a touch defect (Lee,
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`para. [0041]).
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`Regarding claim 2, Paik et al. discloses the plurality of spacers and the plurality of
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`pedestals further include a third group (see 50a and 51 in first column and second row, Fig. 9, for
`
`instance) of the plurality of spacers and the plurality of pedestals, the third group including at
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`least a third pair of another one of the plurality of spacers and another one of the plurality of
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`pedestals opposing to each other, and a fourth group (see 50a and 51 in third column and second
`
`row, Fig. 9, for instance) of the plurality of spacers and the plurality of pedestals, the fourth
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`group including at least a fourth pair of another one of the plurality of spacers and another one of
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`the plurality of pedestals opposing to each other (see Fig. 9).
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`

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`Application/Control Number: 12/546,808
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`Page 8
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`Art Unit: 2871
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`Paik et al. and Sonoda et al. fail to explicitly disclose the plurality of spacers and the
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`plurality of pedestals which form the third group and the plurality of spacers and the plurality of
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`pedestals which form the fourth group are disposed so that the center of the first surface and the
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`center of the second surface are displaced in different directions.
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`However, Lee discloses the plurality of spacers and the plurality of pedestals further
`
`include a third group (see 210b and 110b, Figs. 5—7) of the plurality of spacers and the plurality
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`of pedestals, the third group including at least a third pair of another one of the plurality of
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`spacers and another one of the plurality of pedestals opposing to each other, and a fourth group
`
`(see 210d and 110d, Figs. 5—7) of the plurality of spacers and the plurality of pedestals, the fourth
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`group including at least a fourth pair of another one of the plurality of spacers and another one of
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`the plurality of pedestals opposing to each other (see Figs. 5—7); and
`
`the plurality of spacers and the plurality of pedestals which form the third group and the
`
`plurality of spacers and the plurality of pedestals which form the fourth group are disposed so
`
`that the center of the first surface and the center of the second surface are displaced in different
`
`directions (see Figs. 5—7 and para. [0035-0036 and 0039]).
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`It would have been obvious to one having ordinary skill in the art at the time the
`
`applicant’s invention was made to incorporate the plurality of spacers and the plurality of
`
`pedestals which form the third group and the plurality of spacers and the plurality of pedestals
`
`which form the fourth group disposed so that the center of the first surface and the center of the
`
`second surface are displaced in different directions, as in Lee, into the LCD device of Paik et al.
`
`and Sonoda et al. to prevent shifting of the column spacers, thus reducing a touch defect (Lee,
`
`para. [0041]).
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`

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`Application/Control Number: 12/546,808
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`Page 9
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`Art Unit: 2871
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`Regarding claim 3, Paik et al. and Sonoda et al. fail to explicitly disclose the plurality of
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`spacers and the plurality of pedestals which form the first group and the plurality of spacers and
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`the plurality of pedestals which form the second group are disposed so that the center of the first
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`surface and the center of the second surface are displaced in mutually opposite directions along a
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`first straight line; the plurality of spacers and the plurality of pedestals which form the third
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`group and the plurality of spacers and the plurality of pedestals which form the fourth group are
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`disposed so that the center of the first surface and the center of the second surface are displaced
`
`in mutually opposite directions along a second straight line; and the first straight line and the
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`second straight line intersect with each other at an angle of from 75° to 90°.
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`However, Lee discloses the plurality of spacers and the plurality of pedestals which form
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`the first group and the plurality of spacers and the plurality of pedestals which form the second
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`group are disposed so that the center of the first surface and the center of the second surface are
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`displaced in mutually opposite directions along a first straight line (“B”, Fig. 5; para. [0035-0036
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`and 0039]);
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`the plurality of spacers and the plurality of pedestals which form the third group and the
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`plurality of spacers and the plurality of pedestals which form the fourth group are disposed so
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`that the center of the first surface and the center of the second surface are displaced in mutually
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`opposite directions along a second straight line (“A”, Fig. 5; para. [0035-0036 and 0039]); and
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`the first straight line and the second straight line intersect with each other at an angle of
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`from 75° to 90° (see Fig. 5 and para. [0036, 0039 and 0041]).
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`

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`Application/Control Number: 12/546,808
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`Page 10
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`Art Unit: 2871
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`It would have been obvious to one having ordinary skill in the art at the time the
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`applicant’s invention was made to incorporate the plurality of spacers and the plurality of
`
`pedestals which form the first group and the plurality of spacers and the plurality of pedestals
`
`which form the second group disposed so that the center of the first surface and the center of the
`
`second surface are displaced in mutually opposite directions along a first straight line; the
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`plurality of spacers and the plurality of pedestals which form the third group and the plurality of
`
`spacers and the plurality of pedestals which form the fourth group disposed so that the center of
`
`the first surface and the center of the second surface are displaced in mutually opposite directions
`
`along a second straight line; and the first straight line and the second straight line intersect with
`
`each other at an angle of from 750 to 90°, as in Lee, into the LCD device of Paik et al. and
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`Sonoda et al. to prevent shifting of the column spacers, thus reducing a touch defect (Lee, para.
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`[0041]).
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`Regarding claims 11 and 12, Paik et al. discloses wherein the plurality of layers are
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`comprised of layers of different materials (para. [0046]), and wherein the plurality of layers
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`includes a first layer (44a, Figs. 5, 7 and 8) comprised of silicon (para. [0050 and 0067]) and a
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`second layer (42, Figs. 5, 7 and 8) comprised of aluminum (para. [0050 and 0067]).
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`Regarding claims 15 and 16, Paik et al. discloses a height of each of the spacers is
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`greater than a height of each of the pedestals (see Figs. 4, 5 and 7).
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`

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`Application/Control Number: 12/546,808
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`Page ll
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`Art Unit: 2871
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`Response to Arguments
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`6.
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`Applicant’s arguments with respect to claim 1 have been considered but are moot in view
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`of the new grounds of rejection as stated above.
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`Applicant has amended claim 1 to include the limitation “wherein the spacers are each
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`greater in height than the pedestals,” and has argued that this distinguishes over Lee and Sonoda
`
`et al. However, upon further search and consideration, Paik et al. has been cited to disclose the
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`limitations of claim 1 in view of Sonoda et al. and Lee, as discussed above.
`
`The new grounds of rejection under 35 U.S.C. 103(a) over Paik et al., Sonoda et al. and
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`Lee are considered appropriate.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PAISLEY L. ARENDT whose telephone number is (571)270—
`
`5023. The examiner can normally be reached on MON — FRI, 9:00 am. - 5:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Bumsuk Won can be reached on 571—272—2713. 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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`

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`Application/Control Number: 12/546,808
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`Page 12
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`Art Unit: 2871
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`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 htt
`
`:// air-directus to. ov. Should you have questions on access to the Private
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`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.
`
`/Paisley L Arendt/
`Patent Examiner, Art Unit 2871
`
`/Bumsuk Won/
`
`Supervisory Patent Examiner, Art Unit 2871
`
`