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 .
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, the third opening must be shown or the feature canceled from the claim 14. 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.
Claim Rejections - 35 USC § 112
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Drawings as filed do to show the third opening.
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.
Claims 1-3, 5-, 7-13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al., US 2013/0207087 (corresponding to US 9,259,432).
In re Claim 1, hereafter Kim’2013 discloses a display device, comprising: a substrate 100; a first insulating layer 120 disposed on the substrate 100; a metal layer 110 disposed between the substrate 100 and the first insulating layer 120, the metal layer 110 comprising a light blocking layer ([0042); a semiconductor layer 130 disposed on the first insulating layer 120; a second insulating layer 140 disposed on the semiconductor layer 130; a gate electrode 140a disposed on the second insulating layer 140a ; a third insulating layer 150 disposed on the gate electrode 140a; and a first electrode 160a disposed on the third insulating layer 150, wherein the third insulating layer 150 has a first opening (marked as 1O in Fig. A) on the semiconductor layer 130, and the first electrode 160a is electrically connected to the semiconductor layer 130 through the first opening 1O . (Figs. 3 and A; [0041- 0066])
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Fig. A. Kim’s Fig. 3 annotated to show the details cited
In re Claim 2, Kim discloses the display device of claim 1, wherein the third insulating layer 150 contacts a lateral surface of the gate electrode 140a and a lateral surface of the second insulating layer 140 (Fig. 3).
In re Claim 5, Kim discloses the display device of claim 1, further comprising a fourth insulating layer 170 disposed on the third insulating layer 150 (Fig. 3).
In re Claim 7, Kim discloses the display device of claim 1, wherein the semiconductor layer 130 overlaps the light blocking layer 110 in a plan view (Fig. 3).
In re Claim 8, Kim discloses the display device of claim 7, wherein the first opening 1O overlaps the light blocking layer 110 in the plan view (Fig. A).
In re Claim 9, Kim discloses the display device of claim 1, wherein the semiconductor layer 130 includes a conductive region (130a, 130b) and a channel region 130c connected to the conductive region (130a, 130b), wherein the first opening 1O is on the conductive region (130a, 130b), and wherein the first electrode 160a is electrically connected to the conductive region (130a, 130b) through the first opening 1O (Fig. A).
In re Claim 10, Kim discloses the display device of claim 9, wherein the channel region 130c overlaps the light blocking layer 110 in a plan view (Fig. 3).
In re Claim 11, Kim discloses the display device of claim 1, wherein at least one of the first insulating layer 120 or the second insulating layer 140 comprises an insulating oxide ([0066]).
In re Claim 12, Kim discloses the display device of claim 1, wherein a length of the second insulating layer 140 in a direction is longer than a length of the gate electrode 140a in the direction in a plan view (Fig. 3).
In re Claim 13, Kim discloses the display device of claim 1, wherein the third insulating layer 150 contacts a portion of an upper surface of the second insulating layer 140 (Fig. 3).
In re Claim 15, Kim discloses the display device of claim 1, wherein the metal layer 110 comprises a conductive material including at least one selected from aluminum, aluminum, silver, copper, molybdenum, chromium, tantalum, or titanium ([0042]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 5 above.
In re Claim 6, Kim discloses all limitations of Claim 6 except for that the fourth insulating layer 170 comprises an organic material. Due to high level of knowledge and skills of personal capable to operate very sophisticated and expensive equipment in semiconductor technology, it would have been an obvious matter of design choice of one of ordinary skill in the semiconductor art to use an organic material as a the fourth insulting layer, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (See MPEP2144.07).
Allowable Subject Matter
Claims 3-4 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 1 and any intervening claims.
Reason for indicating allowable subject matter
In re Claim 3: The prior art of record cited by the current office action, alone or in combination, fail to anticipate or render obvious such limitation of claim 3 as: “the metal layer comprises a data line, wherein the third insulating layer has a second opening on the data line, and wherein the second electrode is electrically connected to the data line through the second opening”, in combination with limitations of Claim 1 on which it depends.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKOLAY K YUSHIN whose telephone number is (571)270-7885. The examiner can normally be reached Monday-Friday (7-7 PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara B. Green can be reached at 5712703075. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKOLAY K YUSHIN/Primary Examiner, Art Unit 2893
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