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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.
`
`
`
`
`
`CONF {MATION NO.
`
`13/202,386
`
`08/19/201 1
`
`Takayuki Shimamura
`
`MAT— 10507US
`
`8024
`
`EXAMINER
`RATNERPRESTIA —
`0mm” —
`7590
`52473
`PO. BOX 980
`SNYDER, ZACHARY I
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`28 89
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`07/1 1/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 13/202,386 SHIMAMURA ET AL.
`Examiner
`Art Unit
`ZACHARY J. SNYDER
`2889
`
`-- 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
`
`1)|Zl Responsive to communication(s) filed on 2/21/2013.
`
`2a)IZI This action is FINAL.
`
`2b)|:l 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
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)|Z Claim(s) 1 and2is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)|:| Claim(s) _ is/are allowed.
`
`7)|Xl Claim(s) 1and2is/are rejected.
`
`8)|:| Claim(s) _ is/are objected to.
`
`
`9)I:I 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
`
`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)|Xl The drawing(s) filed on 19 August 2011 is/are: a)lZl 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)]Xl Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)lZl All
`
`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) D Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`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 20130702
`
`

`

`Application/Control Number: 13/202,386
`
`Page 2
`
`Art Unit: 2889
`
`DETAILED ACTION
`
`Response to Amendment
`
`Receipt is acknowledged of applicant's amendment filed 2/21/2013. Claims 1—2 are
`
`pending and an action on the merits is as follows.
`
`Response to Arguments
`
`Applicant's arguments filed 2/21/2013 have been fully considered but they are not
`
`persuasive.
`
`The Applicant has argued the following about the Ohnuma reference:
`
`1) Ohnuma pertains to the field of semiconductors, not display panels, so an ordinarily
`
`skilled person would therefore not modify the plasma display panel of Kim based on the
`
`teachings of Ohnuma since the latter reference pertains to a quite different technical field (page
`
`6).
`
`7).
`
`2) Ohnuma also does not teach that insulating layer 104 is a dielectric layer (pages 6 and
`
`In response:
`
`1) Ohnuma teaches in paragraph 32 that the present invention can also be applied to a
`
`semiconductor deVice (also referred to as a display deVice) haVing a function of displaying.
`
`Paragraph 33 states that as a display element or a semiconductor deVice a plasma display panel
`
`(PDP) can be employed.
`
`

`

`Application/Control Number: 13/202,386
`
`Page 3
`
`Art Unit: 2889
`
`2) Ohnuma teaches that the silicon oxide film is formed as an insulating layer 104
`
`(paragraph 79). Sugawa teaches that the dielectric layer is formed of a material containing
`
`silicon oxide (abstract). Therefore, the insulating layer of Ohnuma would be considered a
`
`dielectric layer.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 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.
`
`Claims 1 and 2 rejected under 35 U.S.C. 1031a) as being unpatentable over US PG
`
`Publication 2006/0220557 A1 to Sugawa et al. in View of U.S. PG Publication 2009/0004878 A1
`
`to Ohnuma et al.
`
`In regard to claim 1, Sugawa discloses in figure 2, a plasma display panel comprising:
`
`a front plate including a front glass substrate (front substrate 11 may be a glass substrate,
`
`paragraph 29), display electrodes (display electrodes X, Y) disposed on the front glass substrates,
`
`a dielectric layer (dielectric layer 17) disposed on the display electrodes and a protective layer
`
`(protective film 18) covering the dielectric layer (shown in figure 2);
`
`a rear plate (rear substrate 21) disposed opposite to the front plate (shown in figure 2), the
`
`rear plate including an underlying dielectric layer (dielectric layer 24);
`
`

`

`Application/Control Number: 13/202,386
`
`Page 4
`
`Art Unit: 2889
`
`a plurality of barrier ribs (barrier ribs 29) disposed on the underlying dielectric layer
`
`(shown in figure 2); and
`
`phosphor layers (Phosphor layers 28R, 28G and 28B) disposed on the underlying
`
`dielectric layer and on side surfaces of the barrier ribs (shown in figure 2), wherein:
`
`the protective layer includes at least a first metal oxide and a second metal oxide
`
`(protective film may be formed of a metal oxide composition comprising, as a main component,
`
`one selected from the group consisting of CaO, SrO and BaO and a mixture of two or more of
`
`these, or a mixture of said metal oxide composition with MgO, paragraph 23);
`
`the protective layer exhibits at least one peak in X—ray diffraction analysis (inherently
`
`true, it must exhibit at least one peak), the peak lying between a first peak of the first metal oxide
`
`in X—ray diffraction analysis and a second peak of the second metal oxide in X—ray diffraction
`
`analysis, the first peak and the second peak showing a plane direction identical to that which the
`
`peak shows (this is inherently true for the particular materials used to form the protective layer,
`
`because Sugawa discloses the claimed first metal oxide and second metal oxide, the same peak
`
`would be exhibited);
`
`the first metal oxide and the second metal oxide are two selected from the group
`
`consisting of magnesium oxide, calcium oxide, strontium oxide, and barium oxide (protective
`
`film may be formed of a metal oxide composition comprising, as a main component, one
`
`selected from the group consisting of CaO, SrO and BaO and a mixture of two or more of these,
`
`or a mixture of said metal oxide composition with MgO, paragraph 23).
`
`Sugawa does not explicitly disclose that an arithmetic average roughness "Ra" of a
`
`surface of the dielectric layer under the protective layer is not more than 50 nm.
`
`

`

`Application/Control Number: 13/202,386
`
`Page 5
`
`Art Unit: 2889
`
`Ohnuma teaches in figure 4c a plasma display panel comprising a dielectric layer and
`
`that that an arithmetic average roughness "Ra" of a surface of the dielectric layer is not more than
`
`50 nm (the surface of the insulating layer 104 is preferably set as follows: preferably, arithmetic
`
`mean roughness Ra is less than 0.8 nm, paragraph 82).
`
`At the time of the invention, it would have been obvious to one of ordinary skill in the
`
`art, having the teachings of Sugawa and Ohnuma before him or her, to modify the dielectric layer
`
`of Sugawa so that that an arithmetic average roughness "Ra" of a surface of the dielectric layer is
`
`not more than 50 nm as taught by Ohnuma in order to obtain a smooth film that can be suitably
`
`used as a growth surface for a protective layer made of metal oxides (paragraph 82).
`
`In regard to claim 2, Sugawa also inherently discloses that a specific plane direction of
`
`the protective layer is a plane (111) because this is inherently true for the particular materials
`
`used to form the protective layer. Since Sugawa discloses the claimed first metal oxide and
`
`second metal oxide, the same peak would be exhibited.
`
`Conclusion
`
`Applicant's amendment on 2/21/2013 necessitated the new ground(s) of rejection
`
`presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
`
`

`

`Application/Control Number: 13/202,386
`
`Page 6
`
`Art Unit: 2889
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`Will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR l.l36(a) Will be calculated from the mailing date of the advisory action. In no event,
`
`however, Will the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ZACHARY J. SNYDER Whose telephone number is (571)270—
`
`5291. The examiner can normally be reached on Monday through Friday, 9:30AM to 6PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Anh Mai can be reached on (571)—272—1995. 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.
`
`/ZACHARY J SNYDER/
`
`Examiner, Art Unit 2889
`
`

`

`Application/Control Number: 13/202,386
`
`Page 7
`
`Art Unit: 2889
`
`/Karabi Guharay/
`Primary Examiner, Art Unit 2889
`
`

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