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 .
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 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.
Election/Restrictions
Applicant’s election of Invention I in the reply filed on 05/26/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 6-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/26/2026.
Claims 1-5 and 10-24 are pending examination.
Foreign Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file, as electronically retrieved 01/22/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/19/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 4 and 18 are 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.
With regards to claim 4, claim 4 recites “the sixth layer is made to have fluidity to be in contact with the second layer after performing the wet etching method.” It is unclear if the sixth layer is in a fluid state at deposition or if there is a process in which the layer changes composition state? Is the possible state change a result of the wet etching?
With regards to claim 18, claim 18 recites “the sixth layer is made to have fluidity to be in contact with the second layer after performing the wet etching method.” It is unclear if the sixth layer is in a fluid state at deposition or if there is a process in which the layer changes composition state? Is the possible state change a result of the wet etching?
Note: all dependent claims necessarily inherit the indefiniteness of the claims from which they depend.
Prior Art
2. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
a. Okazaki et al. (PG Pub 2024/0276789) teaches a display apparatus
Allowable Subject Matter
3. Claims 1-3, 5, 10-17 and 19-24 are allowable.
Claims 4 and 18 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 contains allowable subject matter, because the prior art of record, either singularly or in combination, fails to disclose or suggest, in combination with the other elements in claim 1, forming a first electrode, a second electrode, and a first gap between the first electrode and the second electrode over an insulating film; forming a first film over the first electrode and the second electrode; forming a second film over the first film; forming a third film over the second film by a CVD method; removing a part of the third film over the second electrode by a first etching method to form a first layer overlapping with the first electrode; removing a part of the second film and a part of the first film by a second etching method using the first layer to form a second layer and a first unit under the second layer, wherein each of the second layer and the first unit overlaps with the first electrode; forming a fourth film over the first layer and the second electrode; forming a fifth film over the fourth film; forming a sixth film over the fifth film; removing a part of the sixth film by a third etching method to form a third layer overlapping with the second electrode; removing a part of the fifth film and a part of the fourth film each over the first layer and the first gap by a fourth etching method using the third layer to form a fourth layer and a second unit under the fourth layer overlapping with the second electrode and form a second gap overlapping with the first gap, wherein each of the fourth layer and the second unit overlaps with the second electrode; forming a fifth layer configured to be in contact with the insulating film in the first gap and cover the first unit and the second unit; forming a sixth layer configured to fill the first gap and the second gap and have a first opening portion overlapping with the first electrode and a second opening portion overlapping with the second electrode; removing the fifth layer and the first layer each in a portion overlapping with the first opening portion and removing the fifth layer and the third layer each in a portion overlapping with the second opening portion, by a fifth etching method using the sixth layer; removing the second layer in a portion overlapping with the first opening portion and removing the fourth layer in a portion overlapping with the second opening portion, by a sixth etching method using the sixth layer; forming a seventh layer over the first unit and the second unit; and forming a conductive film over the seventh layer. Claims 2-3, 5 and 10-14 would be allowable, because they depend on allowable claim 1.
Claim 15 contains allowable subject matter, because the prior art of record, either singularly or in combination, fails to disclose or suggest, in combination with the other elements in claim 15, forming a first electrode, a second electrode, and a first gap between the first electrode and the second electrode over an insulating film; forming a first film over the first electrode and the second electrode; forming a second film over the first film; forming a third film over the second film by a CVD method; forming a first layer overlapping with the first electrode by removing a part of the third film; forming a second layer and a first unit under the second layer by removing a part of the second film and a part of the first film using the first layer as a mask, wherein the second layer and the first unit overlap with the first electrode; forming a fourth film over the first layer and the second electrode; forming a fifth film over the fourth film; forming a sixth film over the fifth film; forming a third layer overlapping with the second electrode by removing a part of the sixth film; forming a fourth layer, a second unit under the fourth layer, and a second gap overlapping with the first gap by removing a part of the fifth film and a part of the fourth film using the third layer as a mask; forming a fifth layer configured to be in contact with the insulating film in the first gap and cover the first unit and the second unit; forming a sixth layer configured to fill the first gap and the second gap and have a first opening portion overlapping with the first electrode and a second opening portion overlapping with the second electrode; removing a first part of the fifth layer and a part of the first layer each in a portion overlapping with the first opening portion and removing a second part of the fifth layer and a part of the third layer each in a portion overlapping with the second opening portion, using the sixth layer as a mask; removing a part of the second layer in a portion overlapping with the first opening portion and removing a part of the fourth layer in a portion overlapping with the second opening portion, using the sixth layer as a mask; forming a seventh layer over the first unit and the second unit; and forming a conductive film over the seventh layer. Claims 16-17 and 19-24 would be allowable, because they depend on allowable claim 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina A Sylvia whose telephone number is (571)272-7474. The examiner can normally be reached on 8am-4pm (M-F).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marlon Fletcher can be reached on 571-272-2063. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA A SYLVIA/Examiner, Art Unit 2817 /MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817
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