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 .
Claim Rejections - 35 USC § 102
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 –bend
(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.
Claims 1-2, 5-12, 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by An et al. (US 2019/0393277 A1 hereinafter referred to as “An”).
With respect to claim 1, An discloses, in Figs.1A-14B, a display device comprising: a display panel comprising: a first area (FS) having a display area (DA), a second area (CB) spaced apart from the first area (FS) in a first direction (D2), and a third area/(BF area) located between the first area (FS) and the second area (CB) and configured to bend (see Par.[0071] wherein the display panel DP may include a base substrate BS and may display an image through a front surface FS of the base substrate BS; the front surface FS may include an active area AA on which an image is displayed, and a peripheral area PA adjacent to the active area AA; see Par.[0082]-[0083] wherein the flexible film CB may have flexibility; thus, the flexible film CB may be assembled with the display panel DP in a state in which a portion of the flexible film CB is bent toward a rear surface of the display panel DP; see Par.[0092] wherein a base film BF of the circuit board DC is omitted, and the conductive adhesive member AF is shaded), wherein the display panel comprises: a first substrate (BS) including a rigid material (see Par.[0132] wherein the base substrate BS may include a resin substrate or a glass substrate); a second substrate (BF) disposed on the first substrate (BS) and including a flexible material (see Par.[0092], [0098]-[0100], [0108] wherein the base film BF may have flexibility and may have an insulating property; at least one insulating layer may be disposed between the base substrate BS and the pads PD, and/or at least one insulating layer may be disposed between the base film BF and the leads LD) (see Par.[0092], [0098]-[0100], [0108] wherein the base film BF may have flexibility and may have an insulating property; at least one insulating layer may be disposed between the base substrate BS and the pads PD, and/or at least one insulating layer may be disposed between the base film BF and the leads LD); a protective layer (AF) disposed on the second substrate and overlapping the third area (see Figs.2B-2C, Par.[0108]-[0110] wherein the leads LD may be connected to the pads PD through the conductive adhesive member AF. In the present embodiment, the pads PD disposed on one surface of the base substrate BS and the leads LD disposed on one surface of the base film BF are illustrated); and an alignment mark (AM1, AM2, AM11, AM21, AM11-P, AM21-P, AM11-F, AM21-F) disposed on the first substrate (BS), wherein the display panel comprises a cutting area/(area between FS, CB) that overlaps the third area, wherein a portion of the second substrate and a portion of the protective layer are removed from the cutting area, wherein the first substrate at least partially overlaps the cutting area, and wherein the alignment mark (AM1, AM2, AM11, AM21, AM11-P, AM21-P, AM11-F, AM21-F) is disposed at a location where the first substrate (SUB1) and the cutting area overlap each other (see Figs.2B, 3, 6A-6D, 8A-8B, Par.[0182] wherein The first pad group PG1 may include a plurality of first pads PD1 arranged in the first direction D1, a first alignment pad PD1-A spaced apart from the first pads PD1, and a first alignment mark AM11-P; the first alignment pad PD1-A, the first alignment mark AM11-P, the second alignment pad PD2-A and the second alignment mark AM21-P may be used as references of alignment of a circuit board DC-1 (e.g., a base film BF), the display panel DP-1, and a conductive adhesive member AF-1; the first alignment pad PD1-A, the second alignment pad PD2-A, the first alignment mark AM11-P and the second alignment mark AM21-P may substantially correspond to the alignment pads PD-A, the first alignment mark AM1-P and the second alignment mark AM2-P of FIG. 2A, and thus, duplicative descriptions thereof will not be repeated here; see Par.[0184] wherein the first lead group LG1 may include a plurality of first leads LD1 arranged in the first direction D1, a first alignment lead LD1-A, and a third alignment mark AM11-F; the first alignment lead LD1-A, the second alignment lead LD2-A, the third alignment mark AM11-F and the fourth alignment mark AM21-F may substantially correspond to the alignment leads LD-A, the third alignment mark AM1-F and the fourth alignment mark AM2-F of FIG. 2A, and thus, duplicative descriptions thereof will not be repeated here).
Moreover, regarding the limitation “a portion of the second substrate and a portion of the protective layer are removed from the cutting area”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over An. Therefore, the said claimed limitation is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear.
With respect to claim 2, An discloses, in Figs.1A-14B, the display device, wherein the cutting area is located at one or more ends of the third area in a second direction different from the first direction (see Par.[0201] wherein the vernier mark VM-T or VM-T1 and the sensor SS may be patterned at the same time by using a single mask (e.g.; etch removed elements of display); see Par.[0096] wherein the first alignment mark AM1-P and the second alignment mark AM2-P may be provided at various suitable positions in the display panel DP (e.g.; position within a space/cutting area of display) and may have various suitable shapes; see Par.[0103] wherein the third alignment mark AM1-F and the fourth alignment mark AM2-F may be provided at various suitable positions in the circuit board DC (e.g.; position within a space/cutting area of DC) and may have various suitable shapes; see Figs.2A-2B, 3, 6A-6D, 8A-8B wherein VM, AM1, AM2, AM11, AM21 are position in the second, third areas DP, BF/DC-1).
With respect to claim 5, An discloses, in Figs.1A-14B, the display device, wherein the second substrate comprises a cutting portion located in the cutting area and a non-cutting portion located on one side of the cutting portion, and wherein the alignment mark overlaps the cutting portion (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 6, An discloses, in Figs.1A-14B, the display device, wherein the non-cutting portion comprises: a first non-cutting portion disposed on a first side of the cutting portion in a second direction different from the first direction; a second non-cutting portion disposed on a second side of the cutting portion in the first direction; and a third non-cutting portion disposed on a third side of the cutting portion in the first direction, wherein the third side is opposite the second side in the first direction (see Par.[0201] wherein the vernier mark VM-T or VM-T1 and the sensor SS may be patterned at the same time by using a single mask (e.g.; etch removed elements of display); see Par.[0096] wherein the first alignment mark AM1-P and the second alignment mark AM2-P may be provided at various suitable positions in the display panel DP (e.g.; position within a space/cutting area of display) and may have various suitable shapes; see Par.[0103] wherein the third alignment mark AM1-F and the fourth alignment mark AM2-F may be provided at various suitable positions in the circuit board DC (e.g.; position within a space/cutting area of DC) and may have various suitable shapes; see Figs.2A-2B, 3, 6A-6D, 8A-8B wherein VM, AM1, AM2, AM11, AM21 are position in the second, third areas DP, BF/DC-1).
With respect to claim 7, An discloses, in Figs.1A-14B, the display device, wherein the alignment mark overlaps the third non-cutting portion of the second substrate when the second substrate is bent at the third area (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 8, An discloses, in Figs.1A-14B, the display device, wherein the alignment mark comprises one or more sides facing a border of the cutting portion (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 9, An discloses, in Figs.1A-14B, the display device, wherein the protective layer comprises a removed portion located in the cutting area and a non-removed portion located at one or more sides of the removed portion, and wherein the alignment mark overlaps the removed portion (see Par.[0201] wherein the vernier mark VM-T or VM-T1 and the sensor SS may be patterned at the same time by using a single mask (e.g.; etch removed elements of display); see Par.[0096] wherein the first alignment mark AM1-P and the second alignment mark AM2-P may be provided at various suitable positions in the display panel DP (e.g.; position within a space/cutting area of display) and may have various suitable shapes; see Par.[0103] wherein the third alignment mark AM1-F and the fourth alignment mark AM2-F may be provided at various suitable positions in the circuit board DC (e.g.; position within a space/cutting area of DC) and may have various suitable shapes; see Figs.2A-2B, 3, 6A-6D, 8A-8B wherein VM, AM1, AM2, AM11, AM21 are position in the second, third areas DP, BF/DC-1).
With respect to claim 10, An discloses, in Figs.1A-14B, the display device, wherein the removed portion overlaps the cutting portion (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 11, An discloses, in Figs.1A-14B, the display device, wherein the non-removed portion comprises: a first non-removed portion disposed on a first side of the removed portion in a second direction different from the first direction, a second non-removed portion disposed on a second side of the removed portion in the first direction, and a third non-removed portion disposed on a third side of the removed portion in the first direction, wherein the third side is opposite the second side in the first direction (see Par.[0201] wherein the vernier mark VM-T or VM-T1 and the sensor SS may be patterned at the same time by using a single mask (e.g.; etch removed elements of display); see Par.[0096] wherein the first alignment mark AM1-P and the second alignment mark AM2-P may be provided at various suitable positions in the display panel DP (e.g.; position within a space/cutting area of display) and may have various suitable shapes; see Par.[0103] wherein the third alignment mark AM1-F and the fourth alignment mark AM2-F may be provided at various suitable positions in the circuit board DC (e.g.; position within a space/cutting area of DC) and may have various suitable shapes; see Figs.2A-2B, 3, 6A-6D, 8A-8B wherein VM, AM1, AM2, AM11, AM21 are position in the second, third areas DP, BF/DC-1).
With respect to claim 12, An discloses, in Figs.1A-14B, the display device, wherein a boundary between the cutting portion and the non-cutting portion corresponds to a boundary between the removed portion and the non-removed portion in a thickness direction of the first substrate (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 15, An discloses, in Figs.1A-14B, the display device, wherein the cutting area comprises: a first cutting area located closer to the first area than to the second area with respect to a center line of the third area, and a second cutting area located closer to the second area than to the first area with respect to the center line of the third area, and wherein a length of the first cutting area in the first direction is greater than a length of the second cutting area (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 16, An discloses, in Figs.1A-14B, the display device, wherein a transmittance of the first substrate (BS) is higher than a transmittance of the second substrate (BF) (see Par.[0132] wherein the base substrate BS may include a resin substrate or a glass substrate; see Par.[0098] wherein the flexible film CB may include a base film BF, a plurality of interconnection lines SL-F, a plurality of leads LD, an alignment lead LD-A, a third alignment mark AM1-F, and a fourth alignment mark AM2-F; the base film BF may have flexibility and may have an insulating property; inherently glass material has higher transmittance than insulated circuitry material).
With respect to claim 17, An discloses, in Figs.1A-14B, the display device, wherein the first substrate further comprises: a first surface on which the second substrate is disposed; a second surface opposite to the first surface; a first side surface disposed adjacent to the third area and located between the first surface and the second surface; and a first inclined surface disposed between the first surface and the first side surface (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 18, An discloses, in Figs.1A-14B, the display device, wherein a length of the cutting area in the first direction is greater than or equal to a length of the protective layer in the first direction (see Figs.2A-2B, 3, 6A-6D, 8A-8B).
With respect to claim 19, An discloses, in Figs.1A-14B, the display device, wherein the second substrate comprises a cutting portion located in the cutting area, wherein the protective layer comprises a removed portion located in the cutting area, wherein the cutting portion and the removed portion overlap each other, and wherein the length of the cutting portion in the first direction is greater than or equal to a length of the removed portion in the first direction (see Par.[0201] wherein the vernier mark VM-T or VM-T1 and the sensor SS may be patterned at the same time by using a single mask (e.g.; etch removed elements of display); see Par.[0096] wherein the first alignment mark AM1-P and the second alignment mark AM2-P may be provided at various suitable positions in the display panel DP (e.g.; position within a space/cutting area of display) and may have various suitable shapes; see Par.[0103] wherein the third alignment mark AM1-F and the fourth alignment mark AM2-F may be provided at various suitable positions in the circuit board DC (e.g.; position within a space/cutting area of DC) and may have various suitable shapes; see Figs.2A-2B, 3, 6A-6D, 8A-8B wherein VM, AM1, AM2, AM11, AM21 are position in the second, third areas DP, BF/DC-1).
Claims 1-2, 5-12, 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (US 2022/0035411 A1 hereinafter referred to as “Abe”).
With respect to claim 1, Abe discloses, in Figs.1-21, a display device comprising: a display panel comprising: a first area (PNLE1) having a display area (DA), a second area (1) spaced apart from the first area in a first direction (y-direction), and a third area (F1, F2) located between the first area (PNLE1) and the second area (1) and configured to bend (see Par.[0035] wherein the display panel PNL includes ends PNLE1 and PNLE2 extending along the second direction Y; furthermore, in the display panel PNL, a center position with respect to the width of the first direction X is given origin O; see Par.[0039] wherein the flexible wiring boards F1 and F2 are each mounted on the circuit board 1 in the end opposite to the end mounted on the mount MA; furthermore, the flexible wiring board F1 is positioned closer to the end PNLE1 than is the origin O while the flexible wiring board F2 is positioned closer to the end PNLE2 than is the origin O; see Par.[0051]-[0053] wherein the flexible wiring boards F1 and F2 are mounted on the display surface SFA of the display panel PNL in the one end side, and are mounted on the lower surface SFC of the circuit board 1 in the other end side; the bending boundaries BR1 and BR2 are inclined to be further apart from each other from the origin O to the end PNLE1 side), wherein the display panel comprises: a first substrate (SUB1) including a rigid material; a second substrate (SUB2, WR1) disposed on the first substrate (SUB1) and including a flexible material (see Par.[0036] wherein the first substrate SUB1 and the second substrate SUB2 are formed of a transparent insulating substrate such as a glass plate or a resin plate (e.g., flexible resin); see Par.[0039] wherein the flexible wiring board F1 includes a plurality of lines WR1 connected to the pad parts PD); a protective layer (BS1) disposed on the second substrate (SUB2, WR1) and overlapping the third area (F1, F2) (see Par.[0046]-[0047] wherein the flexible wiring board F1 includes a base member BS1, line WR1, and protection layer PR1 covering the line WR1; the base member BS1 includes a surface (first surface) SF1 and a surface (second surface) SF2 opposite to the surface SF1; the line WR1 is positioned in the surface SF1 side; the base member BS1 and the protection layer PR1 are formed of a synthetic resin such as polyimide, or polyurethane); and an alignment mark (GR1) disposed on the first substrate (SUB1), wherein the display panel comprises a cutting area that overlaps the third area (F1, F2), wherein a portion of the second substrate (SUB2) and a portion of the protective layer (BS1) are removed from the cutting area, wherein the first substrate (SUB1) at least partially overlaps the cutting area, and wherein the alignment mark (GR1/PT1) is disposed at a location where the first substrate (Sub1) and the cutting area overlap each other (see Par.[0048], [0057], [0061] wherein as shown in the figure (e.g.; Fig.8), the groove GR1 may be formed to the outside of the bending part BA1; furthermore, the groove R1 does not pass through the base member BS1; the groove GR1 is formed through BS1, for example, laser treatment (by remove material of BS1); the flexible wiring board F1 includes the groove GR1 formed in the base member BS1 (by remove material of BS1); see Par.[0063]-[0064] wherein the groove GR1 is arranged in a position overlapping with the bending boundaries BR1 and BR2. In the bending boundaries BR1 and BR2, greater shearing stress tends to occur because of the bending stress. However, with the groove GR1, the thickness of the flexible wiring board F1 in the bending boundaries BR1 and BR2 is decreased, and thus, the shearing stress can be relaxed; as such, GR1 participates in proper bending alignment so as the shearing stress can be relaxed).
With respect to claim 2, Abe discloses, in Figs.1-21, the display device, wherein the cutting area is located at one or more ends of the third area in a second direction different from the first direction (see Fig.8).
With respect to claim 5, Abe discloses, in Figs.1-21, the display device, wherein the second substrate (SUB2, WR1) comprises a cutting portion located in the cutting area and a non-cutting portion located on one side of the cutting portion, and wherein the alignment mark overlaps the cutting portion (see Fig.8).
With respect to claim 6, Abe discloses, in Figs.1-21, the display device, wherein the non-cutting portion comprises: a first non-cutting portion disposed on a first side of the cutting portion in a second direction different from the first direction; a second non-cutting portion disposed on a second side of the cutting portion in the first direction; and a third non-cutting portion disposed on a third side of the cutting portion in the first direction, wherein the third side is opposite the second side in the first direction (see Fig.1-2, 4-16 wherein cutting and non-cutting areas are shown).
With respect to claim 7, Abe discloses, in Figs.1-21, the display device, wherein the alignment mark overlaps the third non-cutting portion of the second substrate when the second substrate is bent at the third area (see Fig.1-2, 4-16).
With respect to claim 8, Abe discloses, in Figs.1-21, the display device of claim 6, wherein the alignment mark comprises one or more sides facing a border of the cutting portion (see Fig.1-2, 4-16).
With respect to claim 9, Abe discloses, in Figs.1-21, the display device, wherein the protective layer comprises a removed portion located in the cutting area and a non-removed portion located at one or more sides of the removed portion, and wherein the alignment mark overlaps the removed portion (see Fig.1-2, 4-16 wherein cutting and non-cutting areas are shown).
With respect to claim 10, Abe discloses, in Figs.1-21, the display device, wherein the removed portion overlaps the cutting portion (see Fig.1-2, 4-16).
With respect to claim 11, Abe discloses, in Figs.1-21, the display device, wherein the non-removed portion comprises: a first non-removed portion disposed on a first side of the removed portion in a second direction different from the first direction, a second non-removed portion disposed on a second side of the removed portion in the first direction, and a third non-removed portion disposed on a third side of the removed portion in the first direction, wherein the third side is opposite the second side in the first direction (see Fig.1-2, 4-16 wherein cutting and non-cutting areas are shown).
With respect to claim 12, Abe discloses, in Figs.1-21, the display device, wherein a boundary between the cutting portion and the non-cutting portion corresponds to a boundary between the removed portion and the non-removed portion in a thickness direction of the first substrate (see Fig.1-2, 4-16).
With respect to claim 15, Abe discloses, in Figs.1-21, the display device, wherein the cutting area comprises: a first cutting area located closer to the first area than to the second area with respect to a center line of the third area, and a second cutting area located closer to the second area than to the first area with respect to the center line of the third area, and wherein a length of the first cutting area in the first direction is greater than a length of the second cutting area (see Fig.1-2, 4-16 wherein cutting and non-cutting areas are shown).
With respect to claim 16, Abe discloses, in Figs.1-21, the display device, wherein a transmittance of the first substrate is higher than a transmittance of the second substrate (see Par.[0036] wherein the first substrate SUB1 and the second substrate SUB2 are formed of a transparent insulating substrate such as a glass plate or a resin plate (e.g., flexible resin); see Par.[0039] wherein the flexible wiring board F1 includes a plurality of lines WR1 connected to the pad parts PD; inherently glass material has higher transmittance than insulated circuitry material).
With respect to claim 17, Abe discloses, in Figs.1-21, the display device, wherein the first substrate further comprises: a first surface on which the second substrate is disposed; a second surface opposite to the first surface; a first side surface disposed adjacent to the third area and located between the first surface and the second surface; and a first inclined surface disposed between the first surface and the first side surface (see Fig.1-2, 4-16).
With respect to claim 18, Abe discloses, in Figs.1-21, the display device, wherein a length of the cutting area in the first direction is greater than or equal to a length of the protective layer in the first direction (see Fig.1-2, 4-16).
With respect to claim 19, Abe discloses, in Figs.1-21, the display device, wherein the second substrate comprises a cutting portion located in the cutting area, wherein the protective layer comprises a removed portion located in the cutting area, wherein the cutting portion and the removed portion overlap each other, and wherein the length of the cutting portion in the first direction is greater than or equal to a length of the removed portion in the first direction (see Fig.1-2, 4-16 wherein cutting and non-cutting areas are shown).
With respect to claim 20, Abe discloses, in Figs.1-21, a method for fabricating a display device, the method comprising: preparing a display panel comprising: a first area (PNLE1) having a display area (DA), a second area (1) spaced apart from the first area in a first direction (y-direction), and a third area (F1, F2) located between the first area (PNLE1) and the second area (1) and configured to bend (see Par.[0035] wherein the display panel PNL includes ends PNLE1 and PNLE2 extending along the second direction Y; furthermore, in the display panel PNL, a center position with respect to the width of the first direction X is given origin O; see Par.[0039] wherein the flexible wiring boards F1 and F2 are each mounted on the circuit board 1 in the end opposite to the end mounted on the mount MA; furthermore, the flexible wiring board F1 is positioned closer to the end PNLE1 than is the origin O while the flexible wiring board F2 is positioned closer to the end PNLE2 than is the origin O; see Par.[0051]-[0053] wherein the flexible wiring boards F1 and F2 are mounted on the display surface SFA of the display panel PNL in the one end side, and are mounted on the lower surface SFC of the circuit board 1 in the other end side; the bending boundaries BR1 and BR2 are inclined to be further apart from each other from the origin O to the end PNLE1 side), wherein preparing the display panel comprises: disposing a first substrate (SUB1) including a rigid material; disposing a second substrate (SUB2, WR1) on the first substrate (SUB1), whrein the second substrate including a flexible material (see Par.[0036] wherein the first substrate SUB1 and the second substrate SUB2 are formed of a transparent insulating substrate such as a glass plate or a resin plate (e.g., flexible resin); see Par.[0039] wherein the flexible wiring board F1 includes a plurality of lines WR1 connected to the pad parts PD); disposing a protective layer (BS1) on the second substrate (SUB2, WR1) and wherein the protective layer overlaps the third area (F1, F2) (see Par.[0046]-[0047] wherein the flexible wiring board F1 includes a base member BS1, line WR1, and protection layer PR1 covering the line WR1; the base member BS1 includes a surface (first surface) SF1 and a surface (second surface) SF2 opposite to the surface SF1; the line WR1 is positioned in the surface SF1 side; the base member BS1 and the protection layer PR1 are formed of a synthetic resin such as polyimide, or polyurethane); forming, at the display panel, a cutting area that overlaps the third area, wherein the cutting area at least partially overlaps the first substrate, wherein forming the cutting area comprises removing one or more portions of the second substrate in the third area; disposing an alignment mark on the first substrate, at a location where the first substrate and the cutting area overlap each other; and removing a portion of the second substrate and a portion of the protective layer from the cutting area (see Par.[0048], [0057], [0061] wherein as shown in the figure (e.g.; Fig.8), the groove GR1 may be formed to the outside of the bending part BA1; furthermore, the groove R1 does not pass through the base member BS1; the groove GR1 is formed through BS1, for example, laser treatment (by remove material of BS1); the flexible wiring board F1 includes the groove GR1 formed in the base member BS1 (by remove material of BS1); see Par.[0063]-[0064] wherein the groove GR1 is arranged in a position overlapping with the bending boundaries BR1 and BR2. In the bending boundaries BR1 and BR2, greater shearing stress tends to occur because of the bending stress. However, with the groove GR1, the thickness of the flexible wiring board F1 in the bending boundaries BR1 and BR2 is decreased, and thus, the shearing stress can be relaxed; as such, GR1 participates in proper bending alignment so as the shearing stress can be relaxed).
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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over An.
With respect to claim 13, An discloses, in Figs.1A-14B, the display device, wherein an angle formed between a side surface of the second substrate and a surface of the first substrate ranges from a degrees to another degrees at the boundary between the cutting portion and the non-cutting portion (see Par.[0118]-[0120] wherein the separation distance from the top ends of the pads PD to a top end (e.g., the top side) of the conductive adhesive member AF (e.g., a misalignment degree of the conductive adhesive member AF with respect to the pads PD) may be measured in a range of the longitudinal length WD of the vernier mark VM. Thus, as the longitudinal length WD of the vernier mark VM increases, a range of the misalignment degree of the conductive adhesive member AF which can be determined or checked may be increased). However, An does not explicitly disclose a side surface of the second substrate and a surface of the first substrate ranges from 45 degrees to 90 degrees at the boundary between the cutting portion and the non-cutting portion.
Even though An does not disclose a side surface of the second substrate and a surface of the first substrate ranges from 45 degrees to 90 degrees at the boundary between the cutting portion and the non-cutting portion, such as, optimizing the display magnification, the said range is predictable by simple engineering optimization motivated by a design choice. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975).
With respect to claim 14, An discloses, in Figs.1A-14B, the display device, further comprising a processing mark disposed at the boundary between the cutting portion and the non-cutting portion, wherein a length of the processing mark in the first direction ranges (see Par.[0116]-[0121] wherein the transverse length LDD of the vernier mark VM may be about 1200 μm; the longitudinal length WD of the vernier mark VM according to an embodiment of the present disclosure may be about 450 μm). However, An does not explicitly disclose a length of the processing mark in the first direction ranges from 10 μm to 100 μm.
Even though An does not disclose a length of the processing mark in the first direction ranges from 10 μm to 100 μm, such as, optimizing the display magnification, the said range is predictable by simple engineering optimization motivated by a design choice. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975).
Allowable Subject Matter
Claims 3-4 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 3, the above cited prior arts teach tree regions of first, second and third areas with a “cutting” or step-down region in middle area. However, none of the prior art explicitly delaminate other regions such as first, second subsidiaries substrate regions and their respective disposition relative to alignments marks. As such, the above cited prior art are silent about: a first subsidiary substrate disposed closer to the first area than to the second area with respect to the opening; and a second subsidiary substrate disposed closer to the second area than to the first area with respect to the opening, wherein the first subsidiary substrate comprises a first non-overlapping portion and the second subsidiary substrate comprises a second non-overlapping portion, and the first non-overlapping portion and the second non-overlapping portion are not overlapping the second substrate, and wherein the alignment mark overlaps at least one of the first non-overlapping portion and the second non-overlapping portion. Moreover, none of the prior art of record teaches, suggest, or renders obvious, either alone or in combination, a first subsidiary substrate disposed closer to the first area than to the second area with respect to the opening; and a second subsidiary substrate disposed closer to the second area than to the first area with respect to the opening, wherein the first subsidiary substrate comprises a first non-overlapping portion and the second subsidiary substrate comprises a second non-overlapping portion, and the first non-overlapping portion and the second non-overlapping portion are not overlapping the second substrate, and wherein the alignment mark overlaps at least one of the first non-overlapping portion and the second non-overlapping portion. Claim 4 is also objected to because of its dependency on objected claim 3.
Citation of Pertinent Prior art
The prior art made of record (e.g.; see PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
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/Mouloucoulaye Inoussa/ Primary Examiner, Art Unit 2818
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