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 § 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 1-15 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.
The term “a normal area” in claims 1 and 8 is a relative term which renders the claim indefinite. The term “a normal area” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-7 and 9-15 are indefinite due to their dependance on indefinite claims.
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 1-4, 6-11, 14, and 15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Han (US 2022/0069058).
Regarding claim 1, Han discloses a display device, comprising: a substrate (Fig.7, numerals 101; 103) including an electrostatic discharge area (A1) where an electrostatic discharge element (TR1, TR2; [0054]; [0055]) is disposed and a normal area (right and left pars of A2) surrounding the electrostatic discharge area (A1); a lower planarization layer (104) on the substrate (101); a first trench (T1) between the electrostatic discharge area (A1) and the normal area (right and left parts of A2), the first trench (T1) in the lower planarization layer (104); a first upper planarization layer (upper parts of (104); [0075]; note: plurality of layers) in the normal area and on the lower planarization layer (lower part of (104)); and an insulation layer (205) on the first upper planarization layer (upper part of (104)), the first trench (T1), and the lower planarization layer (lower part of (104)), the insulation layer (205) including an inorganic material ([0077]).
Regarding claim 2, Han discloses a second upper planarization layer (upper part of 104)) in the electrostatic discharge area (A1), the second upper planarization layer between the lower planarization layer (lower part of (104)) and the insulation layer (205).
Regarding claim 3, Han discloses a second trench (Fig.7, numeral T2) that overlaps the first trench (T1), the second trench between the first upper planarization layer (upper part of (104)) and the second upper planarization layer (upper part of (104) in A1) ([0082]).
Regarding claim 4, Han discloses wherein the first trench (T1) and the second trench (T2) surround the electrostatic discharge area (A1), and the substrate (101) exposed through the first trench and the second trench is covered by the insulation layer (205).
Regarding claim 6, Han discloses a gate line (TR1) and a data line ([0037]) crossing the gate line (G1 in TR1) on the substrate (101) (Figs. 3, 7) and wherein an end of the electrostatic discharge element is electrically connected to the gate line or the data line ([0057]).
Regarding claim 7, Han discloses wherein another end of the electrostatic discharge element is electrically connected to an electrostatic discharge line (Fig.3; [0056]).
Regarding claim 8, Han discloses a display device, comprising: a substrate (Fig.7, numeral 101) including an electrostatic discharge area (A1) where an electrostatic discharge element (TR1) ([0054]) is disposed and a normal area (right and left pars of A2) where the electrostatic discharge element is not disposed; a lower planarization layer (104)in the normal area and the electrostatic discharge area, the lower planarization layer (104) including an organic material ([0075]); a first upper planarization layer (upper part of (104)) in the normal area, and on the lower planarization layer (lower part of (104); [0075]; note: multilayer); and an insulation layer (205) on the first upper planarization layer and the lower planarization layer (104), the insulation layer including an inorganic material ([0077]).
Regarding claim 9, Han discloses a second upper planarization layer (upper part of (104)) in the electrostatic discharge area (in A1), and between the lower planarization layer (lower part (104)) and the insulation layer (205).
Regarding claim 10, Han discloses a trench (Fig.7, T1) between the first upper planarization layer (lower part of (104)) and the second upper planarization layer (upper part of (104)).
Regarding claim 11, Han discloses wherein the trench (T1) surrounds the electrostatic discharge area (A1), and the lower planarization layer (104) exposed through the trench is covered by the insulation layer (205).
Regarding claim 14, Han discloses a gate line (Fig. 3; G1 in Tr1) and a data line ([0037]) crossing the gate line on the substrate (101), wherein an end of the electrostatic discharge element is electrically connected to the gate line or the data line ([0057]).
Regarding claim 15, Han discloses wherein another end of the electrostatic discharge element is electrically connected to an electrostatic discharge line (Fig.3; [0056]).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 2 and 9 and further in view of Lee (US 2023/0135679).
Regarding claim 5, Han discloses wherein the lower planarization layer (104) includes an organic material ([0075]).
Han does not disclose the first upper planarization layer includes an organic material different from the lower planarization layer.
Lee however discloses the first upper planarization layer includes an organic material different from the lower planarization layer ([0069]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was field to modify Han with Lee to have the first upper planarization layer includes an organic material different from the lower planarization layer for the purpose of improving planarization process (Lee, [0069]).
Regarding claim 12, Han discloses wherein the lower planarization layer includes an organic material, and the first upper planarization layer includes an organic material ([0057]).
Han does not disclose that the organic material of the lower planarization layer is different from the organic material of the first upper planarization layer.
Lee however discloses the first upper planarization layer includes an organic material different from the lower planarization layer ([0069]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was field to modify Han with Lee to have the first upper planarization layer includes an organic material different from the lower planarization layer for the purpose of improving planarization process (Lee, [0069]).
Regarding claim 13, Han discloses wherein the second upper planarization layer (upper part of (104)) includes an organic material ([0057]).
Han does not disclose that the organic material of the second upper planarization layer is different from the organic material of the first upper planarization layer.
Lee however discloses the second upper planarization layer includes an organic material different from the first upper planarization layer ([0069]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was field to modify Han with Lee to have the second upper planarization layer includes an organic material different from the first upper planarization layer for the purpose of improving planarization process (Lee, [0069]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA SLUTSKER whose telephone number is (571)270-3849. The examiner can normally be reached Monday-Friday, 9 am-6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA SLUTSKER/Primary Examiner, Art Unit 2891
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