DETAILED ACTION
This Office Action is in response to Application filed May 14, 2024.
The present application is being examined under the pre-AIA first to invent provisions.
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 2-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
(1) Regarding claims 2-4, Applicants did not originally disclose that “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element via a first conductive film” recited on lines 25-29 of claim 2, “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element” recited on lines 21-24 of claim 3, and “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor” recited on lines 20-21 of claim 4, because (a) new claims 2-15 were filed on May 16, 2024, which is two days after the filing date of current application, (b) Applicants originally disclosed that the electrode of the first transistor 170 shown in Fig. 1 of current application close to the capacitor 147 is a source electrode layer 105a as shown in Fig. 3C of current application and as disclosed in paragraph [0139] of current application rather than a drain electrode layer, and (c) therefore, the limitations cited above claiming that even the first drain electrode layer can be electrically connected to the first electrode of the capacitor fail to comply with the written description requirement.
(2) Further regarding claims 2-4, Applicants originally disclosed in paragraph [0026] of current application that “The thin film transistor for a pixel and a pixel electrode may be formed in direct contact with each other or may be electrically connected through the connection electrode layer.” However, Applicants did not originally disclose that “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element via a first conductive film” recited on lines 25-29 of claim 2, “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element” recited on lines 21-24 of claim 3, and “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor” recited on lines 20-21 of claim 4, because (a) new claims 2-15 were filed on May 16, 2024, which is two days after the filing date of current application, (b) as disclosed in the cited sentence of paragraph [0026] of current application clearly indicates, the phrase “electrically connected” Applicants used in the original specification requires an intermediate conductive layer or intermediate electrode layer between two “electrically connected” electrodes, which can also be seen in the limitation “the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element via a first conductive film (emphases added)” recited on lines 27-29 of the new claim 2, (c) therefore, the limitations cited above fail to comply with the written description requirement since Applicants did not originally disclose that “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor” as recited on lines 25-26 of claim 2, on lines 21-22 of claim 3, and on lines 20-21 of claim 4, and (d) furthermore, as can be seen clearly in Fig. 3C of current application, the first source electrode layer 105a of the first transistor and the first electrode 149 of the capacitor are a single conductive layer rather than two conductive layers in electrical contact with each other, and therefore, the limitations cited above further fail to comply with the written description requirement since Applicants basically claim that a single conductive layer is in electrical contact with itself, which Applicants did not originally disclose.
Claims 5, 8 and, 11 depend on claim 2, claims 6, 9, 12 and 14 depend on claim 3, and claims 7, 10, 13 and 15 depend on claim 4, and therefore, claims 5-15 also fail to comply with the written description requirement.
(3) Regarding claims 5-7, Applicants originally disclosed in paragraph [0173] of current application that “ The conductive layer 111 can also serve as a second gate electrode layer”, that “Alternatively, the potential of the conductive layer 111 may be GND or 0 V, or the conductive layer 111 may be in a floating state.” However, Applicants did not originally disclose that “the second gate electrode layer is electrically connected to the third gate electrode layer” as recited in claims 5-7 in a semiconductor device shown in Fig. 1 of current application.
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 2-15 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 claims 2-4, it is not clear what the limitations “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element via a first conductive film (emphasis added)” recited on lines 25-29 of claim 2, “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor, and wherein the other of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode layer of the light-emitting element (emphasis added)” recited on lines 21-24 of claim 3, and “one of the first source electrode layer and the first drain electrode layer is electrically connected to a first electrode of the capacitor (emphasis added)” recited on lines 20-21 of claim 4 suggest, because (a) as discussed above under 35 USC 112, first paragraph rejections, Applicants did not originally disclose the claimed configurations of the semiconductor device, (b) therefore, it is not clear whether the phrase “electrically connected” requires an intermediate conductive layer or an intermediate electrode layer between the two claimed electrodes, or even arbitrary portions of a single conductive layer can be said to be electrically connected to each other, which is not an interpretation that one of ordinary skill in the art would readily recognize. Claims 5, 8 and, 11 depend on claim 2, claims 6, 9, 12 and 14 depend on claim 3, and claims 7, 10, 13 and 15 depend on claim 4, and therefore, claims 5-15 are also indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takama et al. (US 8,558,974)
Kim et al. (US 8,441,420)
Park et al. (US 2005/0012694)
Izumi et al. (US 6,518,557)
Kuwabara et al. (US 7,306,981)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY C KIM whose telephone number is (571) 270-1620. The examiner can normally be reached 8:00 AM - 6:00 PM EST.
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, Joshua Benitez can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAY C KIM/Primary Examiner, Art Unit 2815
/J. K./Primary Examiner, Art Unit 2815 June 30, 2026
Prosecution Insights