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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: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`15/052,224
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`02/24/2016
`
`Takahiro NAGAMI
`
`1497—503 02CX2
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`5891
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`TYPHA IP LLC
`1819 L Street NW Suite 200
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`Washington, DC 20036
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`NGUYEN, HOAN C
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`ART UNIT
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`2871
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`MAIL DATE
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`10/20/2017
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`PAPER NUIVIBER
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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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`
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`
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`Applicant(s)
`Application No.
` 15/052,224 NAGAMI, TAKAHIRO
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`HOAN c. NGUYEN its“ 2871
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`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).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 10/05/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| 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) 1-3 and 5-17is/are pending in the application.
`5a) Of the above claim(s) 8-17is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1 -3 and5- 7is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/'/\WIIW.USOI.O. ovI’ atentS/init events/
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`
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l 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).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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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.
`3.|:| 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)).
`** 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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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20171016
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`Application/Control Number: 15/052,224
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`Page 2
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`Art Unit: 2871
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`DETAILED ACTION
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`The present application is being examined under the pre-AIA first to invent provisions.
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`Response to Amendment
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`Applicant's arguments with respect to the amended claims 1 and 5 based on the
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`Response filed on 10/05/2017 have been considered but are moot in view of the new
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`ground(s) of rejection. Therefore, this is Final action.
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`This instant application is continuation of 12/637856 filed on 12/15/2009 having the
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`foreign priority in Japan filed on 12/15/2008.
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`Claim 4 is cancelled.
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`Claims 8-17 are withdrawn.
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`Claims 1-3 and 5-7 elected.
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`Claim 1
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`is amended with the features “the organic tiirh having a first part and a sesend
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`gert end a third part. whereiri the first part is separated item the secend part in the first
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`directien and is sieser he an end at the first substrate then the seeene art. wherein the
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`third part is between the first part and the seeend part. anti is separated trem the first
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`gert end the sesshd gert, wherein the first gert end the third gert have a secehd width in
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`the first direetien which is smeiier than the first width and are extentiiri
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`sieri
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`the seat
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`rneteriei. wherein the seei meteriei is : revided between the first art and the third tart.
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`Application/Control Number: 15/052,224
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`Page 3
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`Art Unit: 2871
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`egg wherein the inerganic film covers the first m the second part: and the third part”,
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`which can be rejected by Yamazaki et at: (US 200302225?5) with the different
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`interpretation:
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`(&i£&'\§ marbli- ‘
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`'5 Kinhxfing: mfiqx;
`\-.«.-:-.-.-.-.~‘~‘~‘-
`
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`A:
`has-m1 pets,»
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the 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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`1.
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`Claims 1 and 7 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated
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`by Yamazaki et al. (US 20030222575).
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`Application/Control Number: 15/052,224
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`Page 4
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`Art Unit: 2871
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`Yamazaki et al. disclose a display device comprising: a diseiay device having a disgia‘g
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`area and a eerigherai area areund the disgiag area. comprising:
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`88
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`a tirst substrate
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`an erganie 'iiirn [numeral 5 designates an inter/ayer insulating film comprising an
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`organic insulating material [0077]] ever the first substrate,
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`an inerganic tiirh [numeral 6 designates an inter/ayer insulating material
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`comprising an inorganic insulating film material [0077]] en the erganie iiirn,
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`a secend substrate i8 ebhesed te the first substrate, and
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`a seat materiai [seal member 19a] erevided between the first substrate and the
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`seeend substrate and surreunding the disgiag area:
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`wherein
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`the seat materiai is extendin aien an end at the first substrate and has a first
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`
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`width in a first direetien eressin an extendinc directien.
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`the erganie tiirn having a first part and a seeend eart and a third part as
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`interpretatien in Fig,
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`1 above, wherein
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`o
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`the first part is; Streamed from the second
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`eieser te an end at the first substrate than the seeend eart.
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`o
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`the third Qart is between the first gert and the seeehd eert, and is
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`se areted item the first art and the seeend art the first art and the
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`third art have a seeend width in the first direeiien which is srnaiier than
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`the first width and are extending siting the seat materiait
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`c-
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`the seat rhateriai is gravided between the first gert and the third eert, and
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`Application/Control Number: 15/052,224
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`Page 5
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`Art Unit: 2871
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`as
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`the inorganic film covers the first part, the second part. and the third part.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all 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, 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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`1.
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`Claims 2-3 and 5-6 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Yamazaki et al. (US 20030222575) as applied to claim 1
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`in view of
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`Yoshida et al. (US 20090066903).
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`Yamazaki et al. also disclose the black matrix made of organic film [0090] and the first
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`electrode 4 and the second electrode 7 or 10 are between the organic film and the
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`second substrate (claim 3).
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`However, Yamazaki et al. fail to disclose the features of claims 2 and 5-6,
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`Application/Control Number: 15/052,224
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`Page 6
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`Art Unit: 2871
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`Yoshida et al. teach
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`Claim 2:
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`.
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`first spacers between the first substrate 11 and the second substrate 12, wherein
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`the first part facing the first spacers, wherein a part of the first part are
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`overlapped with the seal material, wherein the first spacers are in contact with
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`the seal material.
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`Claim 5:
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`.
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`second spacers are between the first substrate and the second substrate,
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`wherein the third part is facing the second spacers.
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`Claim 6:
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`.
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`a part of the first part and a part of the third part are overlapped with the seal
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`material, wherein the first spacers and the second spacers are in contact with the
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`seal material.
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`Therefore, it would have been obvious to one having ordinary skill in the art at the time
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`the invention was made to further modify a liquid crystal display device as Yamazaki et
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`al. disclosed with the features of claims 2, 5-6 for easily and accurately provided in a
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`predetermined region of the seal member [0026] as Yoshida et al. taught.
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`Application/Control Number: 15/052,224
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`Page 7
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`Art Unit: 2871
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to HOAN C. NGUYEN whose telephone number is
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`(571 )272-2296. The examiner can normally be reached on MONDAY-
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`THURSDAY:8:OOAM-4:30PM.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`
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`Application/Control Number: 15/052,224
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`Page 8
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`Art Unit: 2871
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Edward Glick can be reached on (571) 272-2490. The fax phone number
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`for the 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
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
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`/HOAN C NGUYEN/
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`Primary Examiner, Art Unit 2871
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`