DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
Examiner acknowledges the amendment to claim 1 and remarks filed on September 17, 2025. The drawing objections in the previous Office Action filed on June 17, 2025 are hereby withdrawn.
Specification
Examiner acknowledges the amendment to the title filed on September 17, 2025. The objections to the specification in the previous Office Action filed on June 17, 2025 are hereby withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—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 or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites “a protection pattern … covering the slit pattern”; “the slit pattern … formed at a planarization layer covering the gate driver”; and “the protection pattern includes a same material as … a part of the gate driver.” However, it is not enabled to have a protection pattern covering the gate driver and at the same time including a part of the gate driver. For example, FIG. 6 shows that the protection pattern (PAT) includes a same material as a part of the gate driver (G), but the protection pattern does not cover the gate driver. Claims 2-15 are rejected as they depend upon claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US PG-Pub No.: 2020/0013843 A1, hereinafter, “Choi”).
Regarding claim 16, Choi discloses an electroluminescence display apparatus (see Choi, FIGs. 1-3) comprising:
a substrate (111, FIG. 3) including a display area (10, FIG. 1) and a non-display area (20, FIG. 1) surrounding the display area (10);
a gate driver (255, FIG. 3) and a slit pattern (slit for 295, FIG. 3) disposed at the non-display area (20), wherein the gate driver (255) comprises a plurality of thin film transistors (one is shown in FIG. 3, but FIG.1 comprises a plurality of; ¶¶ [0019] and [0020]), and the slit pattern is disposed over the thin film transistors (255) and empty spaces (empty space on the left of 255, FIG. 3) where there is no thin film transistor; and
a protection pattern (295, FIG. 3) covering the slit pattern located over the empty spaces.
Choi fails to explicitly disclose that the protection pattern includes one of molybdenum, titanium and molybdenum-titanium alloy.
However, Choi discloses that the protection pattern (295) is made of the same material as an electrode (290, ¶ [0086]) and Choi also discloses that a gate electrode (175, ¶ [0052]) is made of molybdenum (¶ [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to form the protection pattern including one of molybdenum, titanium and molybdenum-titanium alloy, since the selection of a known material (molybdenum) based on its suitability for its intended use (to form electrode) supports a prima facie obviousness determination. See MPEP § 2144.07.
Response to Arguments
Applicant's arguments filed on 09/17/2025 have been fully considered. Since Applicant stated that “empty space” recited by claims 1 and 16 refers to “space there is no thin film transistor,” not void or truly empty area. Examiner withdraws the allowance of claim 16.
Conclusion
Applicant's amendment 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 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIA L. CROSS whose telephone number is (571)270-3273. The examiner can normally be reached 9 am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, N. Drew Richards can be reached at 571-272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XIA L CROSS/Primary Examiner, Art Unit 2892