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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-16, drawn to a device, classified in H10D 30/6757.
II. Claims 17-28, drawn to a method of making the device, classified in H01L 86/0231.
Inventions II and I are related as method of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case, instead of isotropic etching of the oxygen supply layer, the product as claimed can be alternately made by anisotropic etching of the oxygen supply layer (see claim 17).
Restriction for examination purposes as indicated is proper because all these inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply: the inventions have acquired a separate status in the art in view of their different classification and the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Restriction for examination purposes as indicated is proper because all these inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
During a telephone conversation with attorney KYU WAN RYU on 2/9/2026 a provisional election was made without traverse to prosecute the invention of group I (Claims 1-16). Affirmation of this election must be made by the applicant in replying to this office action. Claims 17-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Group II claims, there being no allowable generic or linking claim.
Claim Objections
Claim 1 is objected to because of the following informalities: “patten” in line 12. For the purpose of examination, it is considered as “pattern”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claim 1-16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, it is not clear as to how “a gate electrode layer including a first electrode which includes a first contact portion electrically contacting the first conductor region by extending along a side surface of the gate insulating layer” is being met. A gate electrode layer is separate from the first electrode. For the purpose of examination, they are considered as “a gate electrode layer; a first electrode which includes a first contact portion electrically contacting the first conductor region by extending along a side surface of the gate insulating layer”. Required modification is requested.
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.
1. Claim(s) 1,3,7,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20240213373 A1 (Wang) in view of US 20220077264 A1 (Xue).
Regarding claim 1, Wang shows (Fig. 11) a display device (para 52) comprising:
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a buffer layer (110, second insulating layer, para 79) including an inorganic insulating material (para 99);
an active pattern (102, para 79) disposed on the buffer layer and including a channel region (under gate 108) and a first conductor region (104 left of 108) disposed adjacent to the channel region;
a gate insulating layer (107, para 78) disposed on the buffer layer and the active pattern and including an inorganic insulating material (aluminum oxide, para 78);
a gate electrode layer (108, para 70);
a first electrode (112 left) which includes a first contact portion electrically contacting the first conductor region by extending along a side surface of the gate insulating layer.
Wang does not show an oxygen supply layer including a first pattern disposed between the first electrode and the gate insulating layer,
wherein the first pattern includes a first groove recessed from a side surface of the first pattern to surround at least a part of the first contact portion in a plan view.
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Xue shows (Fig. 6) an oxygen supply layer (12, interlayer dielectric layer 12 between the first electrode 6 and the base substrate 1 may serve as the oxygen containing layer 5, para 60) including a first pattern (left most portion of 12 patterned before forming the left source or drain contact) disposed between the first electrode (top portion of left source/drain electrode 7, para 60) and the gate insulating layer (2, para 59),
wherein the first pattern includes a first groove (left opening in 12 surrounding the left contact 7) recessed from a side surface of the first pattern to surround at least a part of the first contact portion in a plan view.
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first pattern of oxygen supply layer according to the teaching of “Xue”, since it has been held to be within the general skill of a worker in the art to select a known oxygen supply layer on the basis of its suitability for the intended use as a matter of obvious design choice, In re Leshin, 125 USPQ 416 (CCPA 1960).
Moreover, the court has held that a simple substitution of one known element for another to obtain predictable results is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007).
Regarding claim 3, Wang shows (Fig. 11) wherein an average taper angle of the side surface of the gate insulating layer (107) with respect to an upper surface of the active pattern (104) is about 65 degrees or less and about 30 degrees or more (right side of the gate insulating film 107 on active layer 104 from figure above).
Regarding claim 7, Wang shows (Fig. 11) wherein the active pattern further includes a second conductor region (102 right portion beside 107) spaced apart from the first conductor region with the channel region (below 107) interposed therebetween,
wherein the gate electrode layer further includes a second electrode (112 right) which includes a second contact portion electrically contacting the second conductor region by extending along a side surface of the gate insulating layer and spaced apart from the first electrode (112 left).
Wang does not show wherein the oxygen supply layer further includes a second pattern disposed between the second electrode and the gate insulating layer and spaced apart from the first pattern, and wherein a second groove recessed from a side surface of the second pattern to surround at least a part of the second contact portion is defined in the second pattern.
Xue shows (Fig. 6) wherein the oxygen supply layer (12, interlayer dielectric layer 12 between the first electrode 6 and the base substrate 1 may serve as the oxygen containing layer 5, para 60) further includes a second pattern (right most portion of 12 patterned before forming the right source or drain contact) disposed between the second electrode and the gate insulating layer and spaced apart from the first pattern (as shown), and wherein a second groove (right opening in 12 surrounding the right contact 7) recessed from a side surface of the second pattern to surround at least a part of the second contact portion is defined in the second pattern.
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first pattern of oxygen supply layer according to the teaching of “Xue”, since it has been held to be within the general skill of a worker in the art to select a known oxygen supply layer on the basis of its suitability for the intended use as a matter of obvious design choice, In re Leshin, 125 USPQ 416 (CCPA 1960).
Moreover, the court has held that a simple substitution of one known element for another to obtain predictable results is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007).
Regarding claim 16, Wang in view of Xue shows wherein the oxygen supply layer (12, Xue) directly contacts the gate electrode layer (3 Xue)..
2. Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Xue as applied to claim 1 above, further in view of US 20230253410 A1 (Zhang).
Regarding claim 4, Wang in view of Xue shows buffer layer and first electrode.
Wang in view of Xue does not show further comprising:
a lower electrode layer disposed under the buffer layer and including a first lower electrode electrically connected to the first electrode.
Zhang shows (Fig. 1) further comprising:
a lower electrode layer (20, para 36) disposed under the buffer layer (30) and including a first lower electrode electrically connected to the first electrode (72, source electrode, para 34).
It would have been obvious to one of ordinary skill in the art, at or before the effective filing date of the invention was made, to add the invention of Zhang, with lower electrode layer, to the invention of Wang in view of Xue.
The motivation to do so is that the combination produces the predictable result of preventing light escaping from the bottom of the device structure.
Regarding claim 5, Wang in view of Xue shows the gate insulating layer and the buffer layer.
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Wang in view of Xue does not show wherein the first electrode includes a first lower electrode contact portion electrically contacting the first lower electrode through a through hole formed through the gate insulating layer and the buffer layer, and
wherein the first pattern includes a first opening formed through the first pattern in a thickness direction and exposing the first lower electrode contact portion in the plan view.
Zhang shows (Fig. 1) wherein the first electrode (72) includes a first lower electrode contact portion (rightmost via from the top of 72 to 20) electrically contacting the first lower electrode (20) through a through hole formed through the gate insulating layer (12) and the buffer layer (part of 30), and
wherein the first pattern includes a first opening formed through the first pattern in a thickness direction and exposing the first lower electrode contact portion in the plan view (as shown).
It would have been obvious to one of ordinary skill in the art, at or before the effective filing date of the invention was made, to add the invention of Zhang, with lower electrode layer, to the invention of Wang in view of Xue.
The motivation to do so is that the combination produces the predictable result of preventing light escaping from the bottom of the device structure.
Regarding claim 6, Zhang as previously modified with Wang in view of Xue shows wherein the first electrode (72 Zhang) directly contacts an upper surface of the gate insulating layer (12, as it insulates gate 60) in an area between an edge of the first opening and an edge of the first lower electrode contact portion in the plan view (as shown).
3. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Xue as applied to claim 1 above, further in view of US 20190148558 A1 (Suzuki).
Regarding claim 15, Wang in view of Xue shows the active pattern includes an oxide semiconductor material (Wang, para 55) and the oxygen supply layer (Xue).
Wang in view of Xue does not show the oxygen supply layer includes an oxide semiconductor material.
Suzuki shows (Fig. 1A) the oxygen supply layer (107B, para 26) includes an oxide semiconductor material.
It would have been obvious to one of ordinary skill in the art, at or before the effective filing date of the invention was made, to modify the invention of Wang in view of Xue, including the oxygen supply layer, with the invention of Suzuki.
The motivation to do so is that the selection of an art recognized oxygen supply layer of Suzuki is suitable for the intended use of Wang in view of Xue (MPEP §2144.07).
Allowable Subject Matter
Claims 2,8-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “wherein the first electrode directly contacts an upper surface of the gate insulating layer in an area between an edge of the first pattern defining the first groove and an edge of the first contact portion in the plan view”.
Regarding claim 8, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “wherein the second electrode directly contacts an upper surface of the gate insulating layer in an area between an edge of the second pattern defining the second groove and an edge of the second contact portion in the plan view”.
Regarding claim 9, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “a lower electrode layer disposed under the buffer layer and including a second lower electrode electrically connected to the second electrode”.
Regarding claim 12, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “wherein the second electrode further includes a gate electrode disposed to overlap the channel region, and wherein the oxygen supply layer further includes a third pattern disposed between the gate electrode and the gate insulating layer”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WASIUL HAIDER whose telephone number is (571)272-1554. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Partridge can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WASIUL HAIDER/Primary Examiner, Art Unit 2812