DETAILED ACTION
Reissue
The present reissue application is directed to US 11,538,881 B2 (“881 Patent”). 881 Patent issued on December 27, 2022 with claims 1-13 from application 17/029,843 filed on September 23, 2020, and claims priority to KR 10-2019-0139738 filed on November 4, 2019.
This application was filed on August 21, 2024. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
This application presents broadened claims, which are permitted because Applicant filed these claims and demonstrated an intent to broaden within two years of the issue date of 881 Patent.
Examiner acknowledges the Request for Continued Examination filed on June 4, 2026. The most recent amendment was filed on April 30, 2026. The status of the claims is:
Claims 1, 6, 12: Amended
Claims 2-5, 7-11, and 13: Original
Claims 14, 15, and 27: New
Claims 16-26: Canceled
This is a non-final action (first action after RCE).
References and Documents Cited in this Action
881 Patent (US 11,538,881 B2)
Response (remarks filed by Applicant on April 30, 2026)
Kim (US 2013/0313529 A1)
Summary of Rejections and Objections in this Action
Claim 6 is rejected under 35 U.S.C. 112(d) as being of improper dependent form
Claims 1-5, 7-15, and 27 are allowed.
Summary of the Claims
881 Patent is generally directed to a display apparatus including a thin film transistor including a first semiconductor layer and a first gate electrode, and a first gate insulating layer in between. Claim 14 is representative:
14. (New, Twice Amended) A display apparatus comprising:
a first transistor on a layer in a first direction that moves away from the layer, and
a display element electrically connected to the first transistor, wherein the first transistor includes:
a first semiconductor layer;
a first gate electrode on the first semiconductor layer in the first direction, the first gate electrode overlapping the first semiconductor layer in a plan view;
and
a first insulating layer disposed on the first semiconductor layer in the first direction and under the first gate electrode in the first direction.
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Claims 1, 12, and 14 are the independent claims. Claims 1 and 12 each also recite a display element and a first transistor including a first semiconductor layer, a first gate electrode, and a first insulating layer, and further recite a storage capacitor including a lower electrode and an upper electrode.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 6, its parent claim 1 previously recites “a first gate electrode overlapping the first semiconductor layer” and “an upper electrode…overlapping the lower electrode.” Claim 6 further recites “wherein the upper electrode and the first gate electrode are implemented to be the same.” Claim 6 thus does not include every limitation of parent claim 1 (i.e., a first gate electrode and an upper electrode that are two individual elements).
Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
Allowable Subject Matter
Claims 1-5, 7-15, and 27 are allowed. Claim 6 may contain allowable subject matter if rewritten to overcome the rejection of the claim under 35 U.S.C. 112(d).
The prior art does not specifically disclose or fairly suggest a display apparatus including the combination of all of the elements, steps, and limitations recited in claims 1-15 and 27 (including all of the limitations of any respective parent claims), particularly including:
a thin film transistor on the substrate in a first direction and a second gate insulating layer disposed directly between the upper electrode and the lower electrode, wherein the second gate insulating layer is spaced apart from the first gate insulating layer in the first direction (e.g., claims 1-5 and 7-11); or
a thin film transistor on the substrate in a first direction and a lower electrode disposed on the first gate insulating layer in the first direction, wherein the lower electrode is spaced apart from the upper electrode in the first direction (e.g., claims 12 and 13); or
a first transistor on a layer in a first direction that moves away from the layer, including a first gate electrode on a first semiconductor layer in the first direction and a first insulating layer disposed on the first semiconductor layer in the first direction and under the first gate electrode in the first direction (e.g., claims 14, 15, and 27).
Response to Arguments
Applicant’s Response has been fully considered.
Applicant’s argument with respect to the 35 U.S.C. 102(a)(1) rejections of claims 14 and 15 as being anticipated by Kim (Response pages 9-10) is persuasive in view of the claim amendment. Examiner withdraws the rejections.
Applicant’s argument with respect to the 35 U.S.C. 112(d) rejection of claim 6 (Response, page 9) is not persuasive, even in view of the claim amendment. Examiner disagrees that claim 1 does not limit the first gate electrode and the upper electrode to be different from each other. On the contrary, claim 1 recites a thin film transistor including a first gate electrode and a storage capacitor including an upper electrode. A person of ordinary skill in the art would not reasonably assume that the first gate electrode and the upper electrode were the same element, because claim 1 recites two elements. Examiner acknowledges that Figure 7 of 881 Patent supports an embodiment wherein a single electrode functions as a gate electrode of a transistor and as an upper electrode of a storage capacitor, but Examiner maintains that this embodiment is not covered by claim 1, which recites the inclusion of a first gate electrode and an upper electrode. Examiner suggests that Applicant rewrite claim 6 as an independent claim.
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
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 https://www.uspto.gov/patents/laws/interview-practice.
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Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/Patricia L Engle/SPRS, Art Unit 3991
Prosecution Insights