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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because of the following informalities:
In Figure 1, change D1 as shown in the annotated drawing. Also, if L is shown, make the following change as shown in the annotated drawing. Increase the font side of D1 and L to make them more visible.
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In Figure 5, change D1 and D3 as shown in the annotated. Increase the font size to make them more visible.
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In Figure 7D, change D1 as shown in the annotated drawing. Increase the font size to make D1 more visible.
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In Figure 7E, change D1 and L as shown in the annotated drawing. Increase the font size to make them more visible.
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In Figure 8D, adjust the reference lines to 40a, 20c, and 20c/20b so that the drawing is clear which layer is associated with these reference numbers.
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In Figure 8E, change D3 as shown in the annotated drawing. Increase the font size of D3 so that it is more visible.
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In Figure 8F, change D1 as shown in the annotated drawing. Increase the font size of D1 so that it is more visible
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In Figure 8F, change L as shown in the annotated drawing. Increase the font size of L so that it is more visible.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 2, paragraph 23, line 2 of the paragraph: Change “details” to “detail”.
Page 4, paragraph 35, line 6 of the paragraph: Change “clarity” to “clarify”.
Page 7, paragraph 56, line 1 of the paragraph: Change “are” to “is”.
Page 9, paragraph 66, line 7 of the paragraph: Change “is” to “being”.
Page 11, paragraph 80, line 3 of the paragraph: Change “s width” to “a width”.
Appropriate correction is required.
Claim Objections
Claims 8 and 18 are objected to because of the following informalities:
Claim 8, line 3: Change “a second ohmic contact layer” to “the second ohmic contact layer”. The second ohmic contact layer is defined in claim 2, line 2, which claim 8 depends from.
Claim 18, line 3: Change “a second ohmic contact layer” to “the second ohmic contact layer”. The second ohmic contact layer is defined in claim 12, line 2, which claim 18 depends from.
Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for widths near 1 micrometer, does not reasonably provide enablement for extreme lengths near or below zero because the claim has no lower limit. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Regarding claim 1: There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." These factors include, but are not limited to:
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988).
The breadth of the claims: This claim requires:
[a] display panel, comprising: an active layer along a first direction, wherein the active layer comprises a channel layer; a gate above the channel layer, wherein a width of the gate along the first direction is equal to a length of the channel layer along the first direction; and a gate auxiliary structure adjacent to the gate; wherein the width of the gate along the first direction is less than 1 micrometer.
(emphasis added).
The breadth of the claims encompasses gate width, and therefore, channel length, that are less than 1 micrometer and greater than zero, but because there is no lower limit of the gate width and channel length, also encompasses zero and negative gate widths/channel lengths, as well as extremely large negative gate widths/channel lengths.
(B) The nature of the invention: The invention is a display panel.
(C) The state of the prior art: The prior art discloses gate widths and channel lengths that are 5-80 nm, which falls within the claimed range. See Tanaka, U.S. Pat. Pub. No. 2007/0087458, paragraphs 38 (length of channel forming region is equal to the width of the gate electrode); 90 (5-80 nm for channel length). The prior art does not disclose a zero channel or gate width/channel length or negative gate widths/channel lengths, or extremely large negative gate widths/channel lengths.
(D) The level of one of ordinary skill: One having ordinary skill in the art would have a bachelor’s degree in electrical engineering or materials science and 5 years of experience in the semiconductor industry.
(E) The level of predictability in the art: The level of predictability is high for gate widths and channel lengths that are reasonably greater than zero and less than 1 micrometer.
(F) The amount of direction provided by the inventor: Besides stating that the gate width is less than 1 micrometer, the inventor states that the gate width can be in the range of 0.05-0.5 micrometers.
(G) The existence of working examples: The disclosure has no working examples.
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure: Given the information provided by the inventor, the state of the prior art, and the scope of the claims, the quantity of experimentation is undue. For these reasons, claim 1 is rejected for lack of enablement of the full scope of the claim.
Claims 2-10 are rejected for depending from rejected base claim 1.
Regarding claim 11: This claim uses the same language cited in the rejection of claim 1 and is rejected on the same basis. The rejection is incorporated by reference.
Claims 12-20 are rejected for depending from rejected base claim 11.
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 8 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.
Regarding claim 8, which depends from claim 7, which depends from claim 2, which depends from claim 1: Claim 8 defines “a second ohmic contact layer”, but claim 2 has already defined a second ohmic contact layer. This raises a question as to whether the second ohmic contact layer of claim 8 is the same as the second ohmic contact layer of claim 2. Because claim 8 is vague on this issue, claim 8 is rejected as indefinite.
Regarding claim 18, which depends from claim 17, which depends from claim 12, which depends from claim 11: Claim 18 defines “a second ohmic contact layer”, but claim 12 has already defined a second ohmic contact layer. This raises a question as to whether the second ohmic contact layer of claim 18 is the same as the second ohmic contact layer of claim 12. Because claim 18 is vague on this issue, claim 18 is rejected as indefinite.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, 2, 6, 11, 12, and 16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tanaka, U.S. Pat. Pub. No. 2007/0087458, Figure 3B.
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Regarding claim 1: Tanaka discloses a display panel, comprising: an active layer (303, (left, right) 307, 308, 309) along a first direction, wherein the active layer (303, (left, right) 307, 308, 309) comprises a channel layer (unnumbered, between source region (308) and extension region ((left) 307) adjacent to the source region (308) and drain region (309) and the extension region ((right) 307) adjacent the drain region (309)); a gate (311) above the channel layer, wherein a width of the gate (311) along the first direction is equal to a length of the channel layer along the first direction; and a gate auxiliary structure (312) adjacent to the gate (311); wherein the width of the gate (311) along the first direction is less than 1 micrometer (5-80 nm). Tanaka specification ¶¶ 74-90, 37, 38.
Regarding claim 2, which depends from claim 1: Tanaka discloses the active layer (303, (left, right) 307, 308, 309) further comprises: a first ohmic contact layer ((left) 307) and a second ohmic contact layer (308); wherein the first ohmic contact layer (308) and the second ohmic contact layer (309) are disposed on two ends of the active layer (303, (left, right) 307, 308, 309), respectively, and the channel layer is disposed between the first ohmic contact layer (308) and the second ohmic contact layer (309); and a first transition layer (303), wherein the first transition layer (303) is disposed between the first ohmic contact layer ((left) 307) and the channel layer. Id.
Regarding claim 6, which depends from claim 2: Tanaka Figure 3B discloses the active layer (303, (left, right) 307, 308, 309) further comprises a second transition layer (right (307)), and the second transition layer (right (307)) is disposed between the second ohmic contact layer (308) and the channel layer. See Tanaka Figure 3B.
Regarding claim 11: Tanaka discloses a display device, Tanaka specification ¶ 1, wherein the display device comprises a display panel, comprising: an active layer (303, (left, right) 307, 308, 309) along a first direction, wherein the active layer (303, (left, right) 307, 308, 309) comprises a channel layer (unnumbered, between source region (308) and extension region ((left) 307) adjacent to the source region (308) and drain region (309) and the extension region ((right) 307) adjacent the drain region (309)); a gate (311) above the channel layer, wherein a width of the gate (311) along the first direction is equal to a length of the channel layer along the first direction; and a gate auxiliary structure (312) adjacent to the gate (311); wherein the width of the gate (311) along the first direction is less than 1 micrometer (5-80 nm). Tanaka specification ¶¶ 74-90, 37, 38.
Regarding claim 12, which depends from claim 11: Tanaka discloses the active layer (303, (left, right) 307, 308, 309) further comprises: a first ohmic contact layer ((left) 307) and a second ohmic contact layer (308); wherein the first ohmic contact layer (308) and the second ohmic contact layer (309) are disposed on two ends of the active layer (303, (left, right) 307, 308, 309), respectively, and the channel layer is disposed between the first ohmic contact layer (308) and the second ohmic contact layer (309); and a first transition layer (303), wherein the first transition layer (303) is disposed between the first ohmic contact layer ((left) 307) and the channel layer. Id.
Regarding claim 16, which depends from claim 12: Tanaka Figure 3B discloses the active layer (303, (left, right) 307, 308, 309) further comprises a second transition layer (right (307)), and the second transition layer (right (307)) is disposed between the second ohmic contact layer (308) and the channel layer. See Tanaka Figure 3B.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Koyama, U.S. Pat. Pub. No. 2012/0286262, Figure 6A.
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Regarding claim 1: Koyama Figure 6A discloses a display panel, comprising: an active layer (103a, 103b, 103c) along a first direction, wherein the active layer (103a, 103b, 103c) comprises a channel layer (103b); a gate (105) above the channel layer (103b), wherein a width of the gate (105) along the first direction is equal to a length of the channel layer (103b) along the first direction; and a gate auxiliary structure (106a) adjacent to the gate (105); wherein the width of the gate (105) along the first direction is less than 1 micrometer (33 nm). Koyama specification ¶¶ 55-56; Koyama Title.
Regarding claim 11, Koyama Figure 6A discloses a display device, wherein the display device comprises a display panel, comprising: an active layer (103a, 103b, 103c) along a first direction, wherein the active layer (103a, 103b, 103c) comprises a channel layer (103b); a gate (105) above the channel layer (103b), wherein a width of the gate (105) along the first direction is equal to a length of the channel layer (103b) along the first direction; and a gate auxiliary structure (106a) adjacent to the gate (105); wherein the width of the gate (105) along the first direction is less than 1 micrometer (33 nm). Koyama specification ¶¶ 55-56; Koyama Title.
Claim Rejections - 35 USC § 103
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.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka.
Regarding claim 3, which depends from claim 2: Tanaka discloses that the gate auxiliary structure (312) is disposed on a side wall of the gate (311) along the first direction, and overlaps an orthographic projection of the first transition layer (307) on the gate auxiliary structure (312). See Tanaka Figure 3B. Tanaka is unclear whether an orthographic projection of the first transition layer (307) on the gate auxiliary structure (312) is within the gate auxiliary structure (312). However, Tanaka shows that edge of the first transition layer (307) is close to edge of the gate auxiliary structure (312). See id. Because the edges are close and there is no patentable significance associated with the orthographic projection of the first transition layer on the gate auxiliary structure, claim 3 is an obvious variant over Tanaka.
Regarding claim 13, which depends from claim 12: Tanaka discloses that the gate auxiliary structure (312) is disposed on a side wall of the gate (311) along the first direction, and overlaps an orthographic projection of the first transition layer (307) on the gate auxiliary structure (312). See Tanaka Figure 3B. Tanaka is unclear whether an orthographic projection of the first transition layer (307) on the gate auxiliary structure (312) is within the gate auxiliary structure (312). However, Tanaka shows that edge of the first transition layer (307) is close to edge of the gate auxiliary structure (312). See id. Because the edges are close and there is no patentable significance associated with the orthographic projection of the first transition layer on the gate auxiliary structure, claim 13 is an obvious variant over Tanaka.
Allowable Subject Matter
Claims 4, 5, 7-10, 14, 15, and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if the Section 112(a) rejections were addressed and for claims 8 and 18, if the informalities and the Section 112(b) rejections were addressed.
The following is a statement of reasons for the indication of allowable subject matter:
With regard to claim 4: The claim has been found allowable because the prior art of record does not disclose “an orthographic projection of the first ohmic contact layer on the gate auxiliary structure is within the gate auxiliary structure”, in combination with the remaining limitations of the claim.
With regard to claim 5: The claim has been found allowable due to its dependency from claim 4 above.
With regard to claim 7: The claim has been found allowable because the prior art of record does not disclose “the gate auxiliary structure is disposed on the gate and a width of the gate auxiliary structure along the first direction is equal to the width of the gate along the first direction”, in combination with the remaining limitations of the claim.
With regard to claim 8: The claim has been found allowable due to its dependency from claim 7 above.
With regard to claim 9: The claim has been found allowable because the prior art of record does not disclose “the first ohmic contact layer and the second ohmic contact layer are doped with an N-type semiconductor material, the first transition layer is doped with a P-type semiconductor material, and a doping concentration of each of the first ohmic contact layer and the second ohmic contact layer is greater than a doping concentration of the first transition layer”, in combination with the remaining limitations of the claim.
With regard to claim 10: The claim has been found allowable because the prior art of record does not disclose “the second ohmic contact layer comprises a first concentration region close to the channel layer and a second concentration region away from the channel layer, and a doping concentration of the first concentration region is lower than a doping concentration of the second concentration region”, in combination with the remaining limitations of the claim.
With regard to claim 14: The claim has been found allowable because the prior art of record does not disclose “an orthographic projection of the first ohmic contact layer on the gate auxiliary structure is within the gate auxiliary structure”, in combination with the remaining limitations of the claim.
With regard to claim 15: The claim has been found allowable due to its dependency from claim 14 above.
With regard to claim 17: The claim has been found allowable because the prior art of record does not disclose “the gate auxiliary structure is disposed on the gate and a width of the gate auxiliary structure along the first direction is equal to the width of the gate along the first direction”, in combination with the remaining limitations of the claim.
With regard to claim 18: The claim has been found allowable due to its dependency from claim 17 above.
With regard to claim 19: The claim has been found allowable because the prior art of record does not disclose “the first ohmic contact layer and the second ohmic contact layer are doped with an N-type semiconductor material, the first transition layer is doped with a P-type semiconductor material, and a doping concentration of each of the first ohmic contact layer and the second ohmic contact layer is greater than a doping concentration of the first transition layer”, in combination with the remaining limitations of the claim.
With regard to claim 20: The claim has been found allowable because the prior art of record does not disclose “the second ohmic contact layer comprises a first concentration region close to the channel layer and a second concentration region away from the channel layer, and a doping concentration of the first concentration region is lower than a doping concentration of the second concentration region”, in combination with the remaining limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA KATHLEEN HALL whose telephone number is (571)270-7567. The examiner can normally be reached Monday-Friday, 8 a.m.-5 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fernando Toledo can be reached at 571-272-1867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Victoria K. Hall/Primary Examiner, Art Unit 2897
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