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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/6/2023 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 1-8 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.
[Re claim 1 and 7] Claim 1 and 7 recited “a common electrode superimposed on the plurality of pixel electrodes with an insulating film interposed between the common electrode and the plurality of pixel electrodes, an insulating film covering the color filters, a contact hole that is a recessed part opened through the insulating film and electrically couples the pixel electrode and the semiconductor” and the examiner is confused if an insulating film interposed between the common electrode and the plurality of pixel electrodes is same or different layer as an insulating film covering the color filters. Also, a contact hole that is a recessed part opened through the insulating film is referring to an insulating film interposed between the common electrode and the plurality of pixel electrodes or an insulating film covering the color filters.
For the examining purpose, the examiner considers that an insulating film interposed between the common electrode and the plurality of pixel electrodes and an insulating film covering the color filters are two different insulating films. Also, the examiner considers that a contact hole that is a recessed part opened through the insulating film is the insulating film covering the color filters.
[Re claim 6] Claim 1 recited “a common electrode superimposed on the plurality of pixel electrodes with an insulating film interposed between the common electrode and the plurality of pixel electrodes, an insulating film covering the color filters, a first contact hole that is a first recessed part opened through the insulating film and electrically couples a first pixel electrode among the plurality of pixel electrodes and the semiconductor, a flattening film that is insulating and fills the recessed part of the first contact hole, a second contact hole that is a second recessed part opened through the insulating film” and the examiner is confused if an insulating film interposed between the common electrode and the plurality of pixel electrodes is same or different layer as an insulating film covering the color filters. Also, the examiner is confused if a contact hole that is a recessed part opened through the insulating film is referring to an insulating film interposed between the common electrode and the plurality of pixel electrodes or an insulating film covering the color filters. Also, the examiner is confused if a second contact hole that is a second recessed part opened through the insulating film is referring to an insulating film interposed between the common electrode and the plurality of pixel electrodes or an insulating film covering the color filters.
For the examining purpose, the examiner considers that an insulating film interposed between the common electrode and the plurality of pixel electrodes and an insulating film covering the color filters are two different insulating films. Also, the examiner considers that a contact hole that is a recessed part opened through the insulating film is the insulating film covering the color filters.
Claims 2-5 and 8 depend from claim 1 so they are rejected for the same reason.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipates by WATANABE (US Patent Appl. Pub. No. 2024/0045256 A1).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
[Re claim 1] WATANABE discloses the display device comprising: an array substrate (SUB1); and a counter substrate (SUB2) facing the array substrate, wherein the array substrate includes a plurality of signal lines (SL) arranged at an interval in a first direction (Y direction), a plurality of scanning lines (GL) arranged at an interval in a second direction (X direction), a color filter (CFR, CFG, CFB) disposed at a position overlapping each opening surrounded by two adjacent signal lines and two adjacent scanning lines, a plurality of pixel electrodes (PE) disposed for respective pixels, a plurality of semiconductors (SC) disposed for respective pixels, a common electrode (CE) superimposed on the plurality of pixel electrodes (PE) with an insulating film (17A, 17B, 17C) interposed between the common electrode (CE) and the plurality of pixel electrodes (PE), an insulating film (16) covering the color filters, a contact hole (CH3) that is a recessed part opened through the insulating film (16) and electrically couples the pixel electrode (PE) and the semiconductor (SC), a first flattening film (18) that is insulating and fills the recessed part of the contact hole, a second flattening film (19) overlapping at least the scanning lines and the first flattening film and directly covering the first flattening film from above, and a spacer (SP) that is made of resin, is disposed at each of parts where the signal lines intersect the scanning lines in a plan view, and regulates the distance between the array substrate and the counter substrate (see figure 4-7 and paragraph [0033], [0051]-[0075]).
[Re claim 8] WATANABE discloses the display system comprising: a lens (410); the display device (100) according to claim 1; and a control device (200) configured to output an image to the display device (see figure 1-2 and paragraph [0022]-[0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYOUNG LEE whose telephone number is (571)272-1982. The examiner can normally be reached M to F, 10am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eliseo Ramos-Feliciano can be reached at (571)272-7925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYOUNG LEE/ Primary Examiner, Art Unit 2817