`
`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.
`
`12/700,768
`
`02/05/2010
`
`Jun GOTOH
`
`501.50508X00
`
`8571
`
`20457
`
`7590
`
`07/16/2012
`
`ANTONELLLTERRY, STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1800
`ARLINGTON, VA 22209-3873
`
`MERLIN, JESSICA M
`
`2871
`
`MAIL DATE
`
`07/ 1 6/201 2
`
`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)
`
`
` 12/700,768 GOTOH ET AL.
`Examiner
`Art Unit
`JESSICA M. MERLIN
`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 CFR 1.136(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
`
`1)IZI Responsive to communication(s) filed on 09 July 2012.
`
`2a)|:l This action is FINAL.
`
`2b)IXI This action is non-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)|: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.
`
`Disposition of Claims
`
`5)|Zl CIaim(s) 1-6 and 9-11 is/are pending in the application.
`
`5a) Of the above claim(s) 3 is/are withdrawn from consideration.
`
`6)I:l CIaim(s) _ is/are allowed.
`
`7)|Xl Claim(s) 124 6and9- 11 is/are rejected.
`
`8)I:l CIaim(s) _ is/are objected to.
`
`9)I:I CIaim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|Xl The drawing(s) filed on 05 February 2010 is/are: a)EI accepted or b)|:l 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).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)IX| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|Z AII
`
`b)|:l Some * c)I:I None of:
`
`1.IXI Certified copies of the priority documents have been received.
`
`2.|:l 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)
`
`
`
`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) I] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _.
`U.S. Patent and Trademark Office
`
`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I Notice 0f Informal Patent Application
`6)I:I Other:—
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20120711
`
`

`

`Application/Control Number: 12/700,768
`
`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
`
`1.
`
`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 l.l7(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 July 9, 2012 has been entered.
`
`Response to Amendment
`
`2.
`
`Receipt is acknowledged of applicant’s amendment filed July 9, 2012. Claims 7 and 8
`
`have been cancelled without prejudice. Claims 1—6 and 9—11 are pending and an action on the
`
`merits is as follows.
`
`Claim Rejections - 35 USC § 103
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`3.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`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, 2, 4-6 and 9-11 are rejected under 35 U.S.C. 103(3) as being unpatentable
`
`over Kimura et al. (US. 2007/0146591 A1) in View of Ishida (JP 11-064870) and further in
`
`View of Yamazaki et al. (US. 2004/0263712 A1).
`
`

`

`Application/Control Number: 12/700,768
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`Page 3
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`Art Unit: 2871
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`In regard to claim 1, Kimura et al. discloses a liquid crystal display device having a
`
`liquid crystal display panel, the liquid crystal display panel comprising (see e. g. Figures I and
`
`43).'
`
`a TFT substrate 101 where pixels each of which includes a comb—teeth—shaped first
`
`electrode 111, a planar second electrode 103a and a TFT 151 are formed in a matrix array so
`
`as to form a display region;
`
`a counter substrate 121 on which color filters 123 are formed; and
`
`a liquid crystal layer 125 which is sandwiched between the TFT substrate 101 and the
`
`counter substrate 121, wherein
`
`the first electrode 111 is arranged above the second electrode 1033 with an insulation
`
`film 110 sandwiched therebetween,
`
`the first electrode 111 (4008 in Figure 43) and the second electrode 103a (4006 in Figure
`
`43) are formed of an ITO film (see e. g. paragraphs [0259] and [0324]), the first electrode 111
`
`(4008 in Figure 43) is connected with the TFT 151 (not labeled in Figure 43) Via the ITO film
`
`111 (4008 in Figure 43) formed in a through hole of the insulation film 110 and haVing a portion
`
`extending above an upper edge (see e. g. annotated Figure 43, attached below) of the through
`
`hole of the insulation film (4004/4009 in Figure 43).
`
`Kimura et al. is silent as to
`
`a terminal area which includes terminal electrodes is formed outside the display region;
`
`the terminal electrodes are formed of the ITO film; and
`
`

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`Application/Control Number: 12/700,768
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`Page 4
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`Art Unit: 2871
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`a thickness of the ITO film for forming the first electrode is smaller than a thickness of
`
`the portion of the ITO film extending above the upper edge of the through hole and a thickness
`
`of the ITO film of the terminal electrodes.
`
`However, Ishida discloses (see e.g. abstract):
`
`a terminal area which includes terminal electrodes 2, 3 is formed outside the display
`
`region;
`
`the terminal electrodes 2, 3 are formed of the ITO film; and
`
`the thickness of the ITO film for forming the first electrode 4 is smaller than a thickness
`
`of the ITO film of the terminal electrodes.
`
`Given the teachings of Ishida, it would have been obvious to one of ordinary skill in the
`
`art at the time of the invention to modify the display device of Kimura et al. with a terminal area
`
`which includes terminal electrodes is formed outside the display region; the terminal electrodes
`
`are formed of the ITO film; and the thickness of the ITO film for forming the first electrode is
`
`smaller than a thickness of the ITO film of the terminal electrodes.
`
`Doing so would provide a means for reducing the degradation of the display quality
`
`without increasing the resistance of the electrodes (see e.g. abstract 0fIshida).
`
`Kimura et al., in view of Ishida, is silent as to
`
`a thickness of the ITO film for forming the first electrode is smaller than a thickness of
`
`the portion of the ITO film extending above the upper edge of the through hole.
`
`However, Yamazaki et al. discloses (see e.g. Figure 5):
`
`a thickness of the ITO film 80 for forming the first electrode is smaller than a thickness
`
`of the portion of the ITO film 80 extending above the upper edge of the through hole.
`
`

`

`Application/Control Number: 12/700,768
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`Page 5
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`Art Unit: 2871
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`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
`
`skill in the art at the time of the invention to modify the display device of Kimura et al., in view
`
`of Ishida, with a thickness of the ITO film for forming the first electrode is smaller than a
`
`thickness of the portion of the ITO film extending above the upper edge of the through hole.
`
`Doing so would provide an improved contact between the pixel electrode and the TFT by
`
`having a larger area of contact.
`
`In regard to claim 2, Kimura et al. discloses the first electrode 111 is a pixel electrode
`
`111, and the second electrode 103a is a counter electrode 103a.
`
`In regard to claims 4 and 6, Kimura et al., in view of Ishida and Yamazaki et al,
`
`discloses the limitations as applied to claims 1 and 5. Kimura et al. fails to explicitly disclose
`
`the thickness of the ITO film for forming the first electrode is half or less of the thickness
`
`of the portion of the ITO film extending above the upper edge of the through hole and also is half
`
`or less of the thickness of the ITO film of the terminal electrodes.
`
`However, Ishida discloses a thickness of the ITO film for forming the first electrode is
`
`half or less of a thickness of the ITO film which constitutes the terminal electrodes (see e.g.
`
`paragraphs [0031], [0034] and [0043] 0fthe English translation). Further, one of ordinary skill
`
`in the art at the time of the invention would recognize utilizing the thickness of the portion of the
`
`ITO film extending above the upper edge of the through hole, since it has been held that where
`
`the general condition of a claim are disclosed in the prior art, discovering the optimum or
`
`working ranges involves only routine skill in the art.
`
`Given the teachings of Ishida, it would have been obvious to one of ordinary skill in the
`
`art at the time of the invention to modify the display device of Kimura et al. with the thickness of
`
`

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`Application/Control Number: 12/700,768
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`Page 6
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`Art Unit: 2871
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`the ITO film for forming the first electrode is half or less of the thickness of the portion of the
`
`ITO film extending above the upper edge of the through hole and also is half or less of the
`
`thickness of the ITO film of the terminal electrodes.
`
`Doing so would provide a means for reducing the degradation of the display quality
`
`without increasing the resistance of the electrodes (see e. g. abstract 0fIshida).
`
`In regard to claim 5, Kimura et al. discloses a liquid crystal display device having a
`
`liquid crystal display panel, the liquid crystal display panel comprising (see e. g. Figures I and
`
`43).'
`
`a TFT substrate 101 where pixels each of which includes a comb—teeth—shaped pixel
`
`electrode 111 and a TFT 151 are formed in a matrix array so as to form a display region;
`
`a counter substrate 121 on which color filters 123 are formed; and
`
`a liquid crystal layer 125 which is sandwiched between the TFT substrate 101 and the
`
`counter substrate 121, wherein
`
`the pixel electrode 111 (4008 in Figure 43) is formed of an ITO film (see e. g. paragraph
`
`[0324]), the pixel electrode 111 (4008 in Figure 43) is connected with the TFT 151 (not labeled
`
`in Figure 43) via the ITO film 111 (4008 in Figure 43) formed in (see e. g. annotated Figure 43,
`
`attached below) a through hole of an insulation film 110 and having a portion extending above
`
`an upper edge of the through hole of the insulation film 110 (4004/4009 in Figure 43).
`
`Kimura et al. is silent as to
`
`a terminal area which includes terminal electrodes is formed outside the display
`
`region;
`
`the terminal electrodes are formed of the ITO film, and
`
`

`

`Application/Control Number: 12/700,768
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`Page 7
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`Art Unit: 2871
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`a thickness of the ITO film for forming the pixel electrode is smaller than a thickness of
`
`the ITO film formed on the terminal area;
`
`a thickness of the ITO film for forming the first electrode is smaller than a thickness of
`
`the portion of the ITO film extending above the upper edge of the through hole and a thickness
`
`of the ITO film of the terminal electrodes.
`
`However, Ishida discloses (see e.g. abstract):
`
`a terminal area which includes terminal electrodes 2, 3 is formed outside the display
`
`region;
`
`the terminal electrodes 2, 3 are formed of the ITO film; and
`
`the thickness of the ITO film for forming the pixel electrode 4 is smaller than a thickness
`
`of the ITO film formed on the terminal area.
`
`Given the teachings of Ishida, it would have been obvious to one of ordinary skill in the
`
`art at the time of the invention to modify the display device of Kimura et al. with a terminal area
`
`which includes terminal electrodes is formed outside the display region; the terminal electrodes
`
`are formed of the ITO film; and the thickness of the ITO film for forming the pixel electrode is
`
`smaller than a thickness of the ITO film formed on the terminal area.
`
`Doing so would provide a means for reducing the degradation of the display quality
`
`without increasing the resistance of the electrodes (see e.g. abstract 0fIshida).
`
`Kimura et al., in view of Ishida, is silent as to
`
`a thickness of the ITO film for forming the first electrode is smaller than a thickness of
`
`the portion of the ITO film extending above the upper edge of the through hole.
`
`However, Yamazaki et al. discloses (see e.g. Figure 5):
`
`

`

`Application/Control Number: 12/700,768
`
`Page 8
`
`Art Unit: 2871
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`a thickness of the ITO film 80 for forming the first electrode is smaller than a thickness
`
`of the portion of the ITO film 80 extending above the upper edge of the through hole.
`
`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
`
`skill in the art at the time of the invention to modify the display device of Kimura et al., in view
`
`of Ishida, with a thickness of the ITO film for forming the first electrode is smaller than a
`
`thickness of the portion of the ITO film extending above the upper edge of the through hole.
`
`Doing so would provide an improved contact between the pixel electrode and the TFT by
`
`having a larger area of contact.
`
`In regard to claim 9, Kimura et al. discloses a display device comprising (see e.g.
`
`Figures I and 43):
`
`a TFT substrate 101 comprising a display area having a plurality of pixels;
`
`a counter substrate 121; and
`
`a liquid crystal layer 125 sandwiched between the TFT substrate 101 and the counter
`
`substrate 121,
`
`wherein each of the plurality of pixel includes a planar electrode 103a, and a comb—teeth—
`
`shaped electrode 111 arranged above the planar electrode with an insulation film 110
`
`sandwiched therebetween;
`
`wherein the planar electrode 1033, the comb—teeth—shaped electrodes 111 are formed of
`
`ITO films (see e.g. paragraphs [0259] and [0324]).
`
`Kimura et al. is silent as to
`
`a terminal area having a plurality of terminal electrodes;
`
`the plurality of terminal electrodes are formed of ITO films; and
`
`

`

`Application/Control Number: 12/700,768
`
`Page 9
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`Art Unit: 2871
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`wherein a thickness of the comb—teeth of the comb—teeth—shaped electrode disposed on the
`
`insulation film is smaller than a thickness of a portion of the comb—teeth—shaped electrode
`
`extending above an upper edge of a through hole formed in the insulation film and smaller than a
`
`thickness of the terminal electrodes.
`
`However, Ishida discloses (see e.g. abstract):
`
`a terminal area having a plurality of terminal electrodes 2, 3;
`
`the plurality of terminal electrodes 2, 3 are formed of ITO films; and
`
`a thickness of the electrode 4 disposed on the insulation film is smaller than a thickness
`
`of the terminal electrodes 2, 3.
`
`Given the teachings of Ishida, it would have been obvious to one of ordinary skill in the
`
`art at the time of the invention to modify the display device of Kimura et al. with a terminal area
`
`having a plurality of terminal electrodes; the plurality of terminal electrodes are formed of ITO
`
`films; and a thickness of the comb—teeth of the comb—teeth—shaped electrode disposed on the
`
`insulation film is smaller than a thickness of the terminal electrodes.
`
`Doing so would provide a means for reducing the degradation of the display quality
`
`without increasing the resistance of the electrodes (see e.g. abstract 0fIshida).
`
`Kimura et al., in view of Ishida, is silent as to
`
`wherein a thickness of the comb—teeth of the comb—teeth—shaped electrode disposed on the
`
`insulation film is smaller than a thickness of a portion of the comb—teeth—shaped electrode
`
`extending above an upper edge of a through hole formed in the insulation film.
`
`However, Yamazaki et al. discloses (see e.g. Figure 5):
`
`

`

`Application/Control Number: 12/700,768
`
`Page 10
`
`Art Unit: 2871
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`a thickness of the ITO film 80 for forming the first electrode is smaller than a thickness
`
`of the portion of the ITO film 80 extending above the upper edge of the through hole.
`
`Given the teachings of Yamazaki et al., it would have been obvious to one of ordinary
`
`skill in the art at the time of the invention to modify the display device of Kimura et al., in view
`
`of Ishida, with wherein a thickness of the comb—teeth of the comb—teeth—shaped electrode
`
`disposed on the insulation film is smaller than a thickness of a portion of the comb—teeth—shaped
`
`electrode extending above an upper edge of a through hole formed in the insulation film.
`
`Doing so would provide an improved contact between the pixel electrode and the TFT by
`
`having a larger area of contact.
`
`In regard to claim 10, Kimura et al. discloses
`
`wherein the comb—teeth—shaped electrode 111 is a pixel electrode 111, and the planar
`
`electrode 103a is a counter electrode 103a.
`
`In regard to claim 11, Kimura et al., in view of Ishida and Yamazaki et al., discloses the
`
`limitations applied to claim 9 above. Kimura et al. is silent as to
`
`wherein the thickness of the comb—teeth of the comb—teeth—shaped electrode disposed on
`
`the insulation film is half or less of the thickness of the portion of the comb—teeth—shaped
`
`electrode extending above the upper edge of the through hole formed in the insulation film and
`
`also is half or less of the thickness of the terminal electrodes.
`
`However, Ishida discloses a thickness of the ITO film for forming a first electrode is half
`
`or less of a thickness of the ITO film which constitutes the terminal electrodes (see e.g.
`
`paragraphs [0031], [0034] and [0043] 0fthe English translation). Further, one of ordinary skill
`
`in the art at the time of the invention would recognize utilizing the thickness of the comb—teeth of
`
`

`

`Application/Control Number: 12/700,768
`
`Page ll
`
`Art Unit: 2871
`
`the comb—teeth—shaped electrode disposed on the insulation film is half or less of the thickness of
`
`the portion of the comb—teeth—shaped electrode extending above the upper edge of the through
`
`hole formed in the insulation film, since it has been held that where the general condition of a
`
`claim are disclosed in the prior art, discovering the optimum or working ranges involves only
`
`routine skill in the art.
`
`Given the teachings of Ishida, it would have been obvious to one of ordinary skill in the
`
`art at the time of the invention to modify the display device of Kimura et al. wherein the
`
`thickness of the comb—teeth of the comb—teeth—shaped electrode disposed on the insulation film is
`
`half or less of the thickness of the portion of the comb—teeth—shaped electrode extending above
`
`the upper edge of the through hole formed in the insulation film and also is half or less of the
`
`thickness of the terminal electrodes.
`
`Doing so would provide a means for reducing the degradation of the display quality
`
`without increasing the resistance of the electrodes (see e.g. abstract 0fIshida).
`
`Response to Arguments
`
`5.
`
`Applicant’s arguments with respect to claims 1, 2, 4—6 and 9—11 have been considered but
`
`are moot because the arguments do not apply to any of the references being used in the current
`
`rejection.
`
`6.
`
`In regard to independent claim 1, applicant’s arguments, on pages 6—11 of the Remarks,
`
`that the previously applied prior art fails to disclose all of the limitations of claim 1, as newly
`
`amended, have been fully considered and are appreciated. However, the newly cited rejection,
`
`necessitated by amendment, discloses all of the limitations of claim 1. Namely, Kimura et al., in
`
`

`

`Application/Control Number: 12/700,768
`
`Page 12
`
`Art Unit: 2871
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`view of Ishida, discloses all of the limitations of claim 1, as cited above, except the limitation, “a
`
`thickness of the ITO film for forming the first electrode is smaller than a thickness of the portion
`
`of the ITO film extending above the upper edge of the through hole.” However, as cited above,
`
`Yamazaki et al. discloses (see e.g. Figure 5): a thickness of the ITO film 80 for forming the first
`
`electrode is smaller than a thickness of the portion of the ITO film 80 extending above the upper
`
`edge of the through hole. The motivation for combining Kimura et al., in view of Ishida, with
`
`Yamazaki et al. is to provide an improved contact between the pixel electrode and the TFT by
`
`having a larger area of contact.
`
`7.
`
`Similar arguments apply to independent claims 5 and 9.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JESSICA M. MERLIN whose telephone number is (571)270—
`
`3207. The examiner can normally be reached on Monday—Thursday 6:00AM—4z30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Edward 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.
`
`

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`Application/Control Number: 12/700,768
`
`Page 13
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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 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.
`
`Jessica M. Merlin
`
`July 11, 2012
`
`/JESSICA M MERLIN/
`
`Primary Examiner, Art Unit 2871
`
`