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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`12/553,147
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`09/03/2009
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`Takeshi Izumida
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`501.50191X00
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`6021
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`20457
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`7590
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`09/13/2012
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`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
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`HS «H, HSIN Y1
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`2811
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`MAIL DATE
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`09/13/2012
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`12/553,147
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`Examiner
`HSIN-YI HSIEH
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`IZUMIDA ET AL.
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`Art Unit
`2811
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IZI Responsive to communication(s) filed on 28 August 2012.
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`2a)I:l This action is FINAL.
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`2b)IZ| 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)IZI Claim(s) 1-5 10 and 11 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)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s) 1 -5 10 and 11 is/are rejected.
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`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)|:| The drawing(s) filed on _ is/are: a)|:l accepted or b)I:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I AII
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`b)I:I Some * c)|:l None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) I] Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`US. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20120910
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`Application/Control Number: 12/553,147
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`Page 2
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`Art Unit: 2811
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1.114
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`1.
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`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 1.17(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 07/27/2012 has been entered.
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`Claim Rejections - 35 USC § 112
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`2.
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`The following is a quotation of the first paragraph of 35 USC. 112:
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`The specification shall contain a written description of the invention, and of the manner and process of making
`and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it
`pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode
`contemplated by the inventor of carrying out his invention.
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`3.
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`Claim 11 is rejected under 35 USC. 112, first paragraph, as failing to comply with the
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`written description requirement. The claim(s) contains subject matter which was not described
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`in the specification in such a way as to reasonably convey to one skilled in the relevant art that
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`the inventor(s), at the time the application was filed, had possession of the claimed invention.
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`Claim 11 cites “the auxiliary line is directly connected with the second electrode”, which lacks
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`the full support of the original disclosure. Fig. 1B shows that the auxiliary line 6 is not directly
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`connected to the second electrode 5, but indirectly connected to the second electrode 5 through
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`the conductive film 12, which is different from what is claimed in the above limitation in claim
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`11.
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`Application/Control Number: 12/553,147
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`Page 3
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`Art Unit: 2811
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`4.
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
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`5.
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`Claim 11 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`6.
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`Claim 11 cites “the auxiliary line is directly connected with the second electrode" in
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`claim 11, which is inconsistent with the specification. Fig. 1B shows that the auxiliary line 6 is
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`not directly connected to the second electrode 5, but indirectly connected to the second electrode
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`5 through the conductive film 12, which is different from what is claimed in the above limitation
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`in claim 11. The inconsistency renders the claim indefinite.
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`Claim Rejections - 35 USC § 102
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless ,
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or
`on sale in this country, more than one year prior to the date of application for patent in the United States.
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`7.
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`Claims 1-4 and 10-11 are rejected under 35 U.S.C. 102(b) as being anticipated by Sato et
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`al. (US 7,224,115) as can be understood since claim 11 has been rejected under 35 U.S.C. 112.
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`8.
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`Regarding claim 1, Sato et al. teach a display device (Display apparatus; Abstract) in
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`which pixels (col. 4 line 30) each of which includes a thin film transistor (TFT) element (TFT 4;
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`Fig. 1, col. 4 line 30) having a gate electrode (Fig 1, col. 4 line 36), a source electrode (wiring 5
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`connected to the source of the TFT 4; Fig. 1, col. 4 line 32) and a drain electrode (wiring 5
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`Art Unit: 2811
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`connected to the drain of the TFT 4; Fig. 1, col. 4 line 32), a first electrode (lower electrode 9;
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`Fig. 1, col. 38) which is connected to the TFT element (4; see Fig. 1), a second electrode (upper
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`electrode 13; Fig. 1, col. 4 lines 38—39) which faces the first electrode (9), and a light emitting
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`layer (organic layer 11; Fig. 1, col. 4 line 38) which is interposed between the first electrode (9)
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`and the second electrode (13) are arranged on an insulation substrate (substrate 3, e. g. glass
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`substrate; Fig. 1, col. 6 line 48) in a matrix array (see Figs. 4A and 5, also implied in the name of
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`“active matrix type display", col. 4 lines 26—27), and the second electrode (13) is formed of a
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`transparent conductive material (ITO or 120; col. 6 line 14) and is connected to an auxiliary line
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`(auxiliary wiring 9a; Fig. 1, col. 4 lines 41—42), wherein the TFT element (4), the first electrode
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`(9), the light emitting layer (11) and the second electrode (13) are stacked on the insulation
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`substrate (3) in this order, the auxiliary line (9a) is arranged between the insulation substrate (3)
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`and the second electrode (13) and a bank layer (insulating film 17; Fig. 1, col. 4 line 45) which is
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`formed of an insulation material (col. 4 line 45) is interposed between the auxiliary line (9a) and
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`the second electrode (13; see Fig. 1), and the auxiliary line (9a) and the second electrode (13) are
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`connected with each other via a contact hole (connection holes 17a; Fig. 1, col. 4 line 64) formed
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`in the bank layer (17) which is interposed between the auxiliary line (9a) and the second
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`electrode (13), and the auxiliary line (9a) enables suppression of a voltage drop of the second
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`electrode (13; col. 6 lines 21—35).
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`9.
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`Regarding claim 2, Sato et al. teach a display device according to claim 1, wherein the
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`first electrode (9) and the auxiliary line (9a) are formed on the same surface (the top surface) of
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`an insulation layer (insulating film 17; Fig. 1, col. 4 line 45).
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`10.
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`Regarding claim 3, Sato et al. teach a display device according to claim 2, wherein a
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`reflection film (the bottom highly reflective metallic layer of a two—layer structure of the lower
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`electrode 9; col. 5 lines 27—34) is arranged between the first electrode (the first electrode can also
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`be the top conductive oxide material layer of a two—layer structure of the lower electrode 9; col. 5
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`lines 27—34) and the insulation layer (17).
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`11.
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`Regarding claim 4, Sato et al. teach a display device according to claim 1, wherein the
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`bank layer (17) is arranged on the first electrode (9), the bank layer (17) includes at least one
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`opening portion (pixel opening A; Fig. 1, col. 4 line 51) through which a portion of the first
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`electrode (9) is exposed (from 17), and the light emitting layer (11) is filled in the at least one
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`opening portion (A) formed in the bank layer (17; see Fig. 1).
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`12.
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`Regarding claim 10, Sato et al. teach a display device according to claim 1, wherein the
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`auxiliary line (9a) is a member which is separate from (not sharing any portion of) the first
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`electrode (9; see Fig. 1) and the TFT element (4; see Fig. 1).
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`13.
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`Regarding claim 11, Sato et al. teach a display device according to claim 1, wherein the
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`auxiliary line (9a) is directly connected with the second electrode (13; see Fig. 1) without being
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`directly connected with the first electrode (9; Fig. 1).
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`Claim Rejections - 35 USC § 103
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`14.
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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.
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`Application/Control Number: 12/553,147
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`Page 6
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`15.
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`The factual inquiries set forth in Graham V. John Deere C0., 383 US. l, 148 USPQ 459
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`(1966), that are applied for establishing a background for determining obviousness under 35
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`U.S.C. 103(a) are summarized as follows:
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`:PWNE
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`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating obviousness
`or nonobviousness.
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`16.
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`Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Sato et al. as
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`applied to claim 4 above, and further in view of Kubota (US 2007/0273305 A1).
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`17.
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`Regarding claim S, Sato et al. teach the pixels (col. 4 line 30) are arranged in a matrix
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`array (implied in the name of “active matrix type display", col. 4 lines 26—27) in the first
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`embodiment shown in Fig. 1.
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`Sato et al. do not teach wherein the pixels are arranged in a matrix array so as to provide
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`one of (a) a relationship between two pixels arranged adjacent to each other in a row direction
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`with respect to a planar shape of the at least one opening potion formed in the bank layer and (b)
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`a relationship between two pixels arranged adjacent to each other in a columnar direction with
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`respect to a planar shape of the at least one opening portion formed in the bank which adopts a
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`line symmetry using a boundary between the two pixels as an axis of symmetry but does not
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`adopt a translational symmetry in the first embodiment shown in Fig. 1.
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`In the same field of endeavor of light emitting devices, Kubota teaches wherein the pixels
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`(U) are arranged in a matrix array (Figs. 1 and 2) so as to provide one of (a) a relationship
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`between two pixels (Us) arranged adjacent to each other in a row direction (i.e. even and odd
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`rows; paragraph [0048]) with respect to a planar shape of the at least one opening potion (251)
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`formed in the bank layer (25; see Fig. 2) and (b) a relationship between two pixels arranged
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`adjacent to each other in a columnar direction with respect to a planar shape of the at least one
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`opening portion formed in the bank layer (see Fig. 2 clockwise 90 degrees) which adopts a line
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`symmetry using a boundary between the two pixels as an axis of symmetry (axis line T; Fig. 2,
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`paragraph [0048]) but does not adopt a translational symmetry (i.e. translation by one row; see
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`Fig. 2).
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`It would have been obVious to one of ordinary skill in the art at the time of invention was
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`made to combine the inventions of Sato et al. and Kubota and use a pixels layout haVing mirror
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`symmetry as taught by Kubota, because the area for the auxiliary lines can be reduced in half and
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`the resistance of the auxiliary line can be reduced without reducing aperture ratio as taught by
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`Kubota (paragraph [0049]).
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`Response to Arguments
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`15.
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`Applicant’s amendments, filed 07/27/2012, overcome the rejections to claim 11 under 35
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`U.S.C. 112. The rejections to claim 11 under 35 U.S.C. 112 have been withdrawn, while the
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`new rejections to claim 11 occur due to the amended limitation.
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`16.
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`Applicant's arguments with respect to claims 1—5 and 10—11have been considered but are
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`moot in View of the new ground(s) of rejection.
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`Application/Control Number: 12/553,147
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`Page 8
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`Art Unit: 2811
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to HSIN—YI HSIEH Whose telephone number is (571)270—3043.
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`The examiner can normally be reached on Monday to Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Lynne A. Gurley can be reached on 571—272—1670. 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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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`/Hsin—Yi (Steven) Hsieh/
`Examiner, Art Unit 2811
`9/1 1/2012
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