The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, various elements, for example the first, second, third, fourth, fifth and sixth conductive layers recited in claims 6 and 7 must be shown in one display device structure or the feature(s) canceled from the claim(s). No new matter should be entered.
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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the various elements recited in claims 6 and 7, for example the first, second, third, fourth, fifth and sixth conductive layers are not recited in the disclosure and are not depicted in the drawings.
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 6-7 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 claim(s) contains 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 inventor(s), at the time the application was filed, had possession of the claimed invention.
There is no adequate support in the disclosure and in the drawings for the claimed limitations, for example the first, second, third, fourth, fifth and sixth conductive layers as recited in claims 6-7, 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 inventor(s), at the time the application was filed, had possession of the claimed invention.
More specifically, the various elements recited in claims 6 and 7 are not recited in the disclosure and are not depicted in the drawings in such a way as to comply with written description requirement.
Response to Arguments
1. Applicants argue that the objection to the drawings is traversed because “the asserted features are sufficiently illustrated in at least Applicant's FIG. 4A (annotated below) and associated circuit diagram of FIG. 4B”.
1. Applicant’s explanation must be included in the application so that individuals reading the patent would understand the correlation between the claimed first, second, third, fourth, fifth and sixth conductive layers and the specification.
2. Applicants argue that “First, as noted above, these features are believed to be sufficiently illustrated in at least FIGS. 4A and 4B. Second, they are believed to be sufficiently described in the associated disclosure to establish support and possession of the claimed invention.
2. The examiner disagrees that “these features are believed to be sufficiently illustrated in at least FIGS. 4A and 4B” and “they are believed to be sufficiently described in the associated disclosure to establish support and possession of the claimed invention”, because there is no adequate support in the disclosure and in the drawings for the claimed limitations, for example the first, second, third, fourth, fifth and sixth conductive layers as recited in claims 6-7, 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 inventor(s), at the time the application was filed, had possession of the claimed invention, and the various elements recited in claims 6 and 7 are not recited in the disclosure and are not depicted in the drawings in such a way as to comply with written description requirement.
3. Applicants argue that “Here, elements may be described as various wiring layers, electrodes or scan lines. However, it is clear from the disclosure and associated drawings and circuitry that each of these is a layer that is conductive and thus suitably described as "conductive layers."
3. It is correct that, generally speaking, “elements may be described as various wiring layers, electrodes or scan lines”. However, in the case, an individual or even an artisan, would not understand which of the recited elements are wiring layers, electrodes or scan lines.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ORI NADAV whose telephone number is 571-272-1660. The examiner can normally be reached between the hours of 7 AM to 4 PM (Eastern Standard Time) Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynne Gurley can be reached on 571-272-1670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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O.N. /ORI NADAV/
3/2/2026 PRIMARY EXAMINER
TECHNOLOGY CENTER 2800
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