UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.usp!o.guv
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`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`90/007,985
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`03/24/2006
`
`6404480
`
`09325.00 1 3
`
`5389
`
`22204
`
`7590
`
`07/10/2007
`
`NIXON PEABODY, LLP
`401 9TH STREET, NW
`SUITE 900
`WASHINGTON, DC 20004-2128
`
`EXAMWER
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`ART UN”
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`PAPER NUMBER
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`DATE MAILEDI 07/I0/2007
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. I0/03)
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`

`
`Commissioner for Patents
`United States Patent and Trademark Oflice
`P.0. Box145o
`Alexandria, VA 22313-1450
`VIIMNUSOVOQGV
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`7/11/07
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS
`
`HOWREY LLP
`
`525 MARKS" STREET
`
`SAN FRANCISCO CA 94105-2708
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`EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
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`REEXAMINATION CONTROL NO 90/007985
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`PATENT NO.
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`6,404,480
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`ART UNI
`
`3992
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`Enclosed is a copyof the latest communication from the United States Patent
`and Trademark Office in the above identified ex parte reexamination
`proceeding (37 CFR 1.550(f))_.
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the
`time for filing a replly has passed, no submission on behalf of the ex parte
`reexamination requester will be acknowledged or considered (37 CFR 1.550(g)).
`
`

`
`Patent Under Reexamination
`6404480
`
`Art Unlt
`3991
`
`Control No.
`90/007,985
`
`Examiner
`Stephen J. Stein
`
`
`
` Office Action in Ex Parte Reexamination
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`
`
`
`
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`b[:] This action is made FINAL.
` afl Responsive to the communication(s) filed on 24 March 2006.
`cg A statement under 37 CFR 1.530 has not been received from the patent owner.
`
` A shortened statutory period for response to this action is set to expire g month(s) from the mailing date of this letter.
`Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination
`
`certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c).
`
`If the period for response specified above is less than thirty (30) days. a response within the statutory minimum of thirty (30) days
`
`will be considered timely.
` Part I
`
`
`
`
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`THE FOLLOWING ATI'ACHMENT(S) ARE PART OF THIS ACTION:
`
`1. E Notice of References Cited by Examiner, PTO-892.
`3. D Interview Summary, PTO-474.
`2. X Infonnation Disclosure Statement, PTO/SB/08. (11 yep} 4. E]
`Part II
`SUMMARY OF ACTION
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`1a. X Claims 1-30 are subject to reexamination.
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`11,453 O.G. 213.
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`5[:I been received by the International Bureau in PCT application No.
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`‘ See the attached detailed Office action for a list of the certified copies not received.
`9. E] Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for fonnal
`matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D.
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`10. [:1 Other:
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`
`
` cc: Reuester if third --
`U.S. Patent and Trademark Office
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`PTOL—466 (Rev. 08-06)
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`Office Action In Ex Parte Reexamination
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`Part of Paper No. 20070703
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`I3
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`Claims
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`[:1 Claims
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`are not subject to reexamination.
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`have been canceled in the present reexamination proceeding.
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`X Claims 6-10 and 21-25 are patentable and/or confirmed.
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`Claims 1-5 11-20 and 26-30 are rejected.
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`[3 Claims
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`are objected to.
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`El
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`The drawings, filed on
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`are acceptable.
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`I:] The proposed drawing correction, filed on
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`has been (7a)Ij approved (7b)[:l disapproved.
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`. E Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
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`°°“?’S-":‘“5*’!"
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`a)|Zl All b)l] Some* c)[] None
`'1[:] been received.
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`2l:] not been received.
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`of the certified copies have
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`3E been filed in Application No. 09/046 685 .
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`4[:I been filed in reexamination Control No.
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`

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`Application/Control Number: 90/007,985
`A11 Unit: 3991
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`Page 2
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`Reexamination
`
`1.
`This is the first Office action in the Reexamination proceeding of Claims 1-30 of U.S.
`6,404,480 (‘480 patent) issued on June 1 1, 2002 to Hirakata et al. The application on which the «
`
`patent was granted, 09/734,177, was filed on December 12, 2000 and is a divisional application
`
`of'09/361,218, filed July 27, 1999, which is a divisional of09/046,685, filed March 24, 1998. A
`Certificate of Correction was published on September 14, 2004. The earliest effective filing date
`
`of the ‘480 patent is March 24, 1998
`
`Procedural Posture
`
`2.
`
`A request for Reexamination was filed on March 24, 2006 by the third party Requester.
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`An order was granted on May 12, 2006.
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`Information Disclosure Statement
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`3.
`
`Information Disclosure statements submitted 7/27/2006 (9), 8/21/2006 (1), 9/14/2006 (1),
`
`11/27/2006 (1), 1/18/2007 (1), 3/2/2007 (1) and 4/23/2007 (1) have been received and reviewed
`
`by the Examiner. All documents cited on the PTO-1449s have been considered, however, the
`
`cited litigation documents have had a line drawn through the citation since they are not prior art
`
`and are not appropriate for publication on the face of the reexamination certificate. Additionally
`
`those prior art citations which have already been cited on the face of the ‘480 patent have had
`
`line drawn through the citation since they have already been published on the face of the original
`
`patent. Finally thoseprior art citations that have already been cited on a Form PTO-1449 already
`
`submitted have had a line drawn through the citation so as to prevent duplication.
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`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 3
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`Prior Art Cited in tlie Office Action
`Japanese Patent Publication No. JP 5-243333 (‘333 publication)
`
`U.S. Patent No. 5,757,456 (‘456 patent)
`
`U.S. Patent No. 5,625,474 (‘474 patent)
`
`Japanese Patent Publication No. JP 6-289415 (‘415 publication)
`
`Japanese Patent Publication No. JP 6-308510 (‘5 10 publication)
`
`U.S. Patent No. 5,486,941 (‘941 patent)
`
`U.S. Patent No. 6,124,917 (‘_917 patent) (Newly Cited).
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`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 —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on
`sale in this country, more than one year prior to the date of application for patent in the United States.
`
`(e) the invention was described in (1) an application for patent, published under section l22(b), by another filed
`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
`patent by another filed in the United States before the invention by the applicant for patent, except that an
`international application filed under the treaty defined in section 35l(a) shall have the effects for purposes of this
`subsection of an application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
`
`5.
`
`Claims 1, 2, 5, 11, 12, 15-17, 20, 26, 27 and 30 are rejected under 35 U.S.C. l02(e) as
`
`being anticipated by U.S. Patent No. 5,757,456 (‘456 patent).
`
`Regarding claims 1, 11, 16 and 26 the ‘456 patent discloses passive or active matrix
`
`display such as an LCD.(See column 1, lines 7-10). The prior art reference further discloses
`
`forming a driver circuit on stick crystal which comprises a glass substrate (31) (first substrate),
`
`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 4
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`an interlayer dielectric film (41) over the substrate (first interlayer insulating film), output
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`terminal lines (44) (conductive film) over the interlayer dielectric fihn, a silicon nitride
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`passivation film (46) (second interlayer insulating film) having contact holes for communicating
`
`with the output terminal lines and an ITO electrode (47) over the silicon nitride film (second
`
`conductive film on the second interlayer and in the openings) (See Figures 4A-4C and columns 6
`
`and 7). The contact holes (openings) in the silicon nitride passivation film (second interlayer
`
`insulating film) necessarily have a part of the interlayer insulating film remaining in the contact
`
`hole (opening) since the insulating film makes up the walls of the contact hole.
`
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`
`The ‘456 patent further discloses that the stick crystal is mounted to the substrate ofa liquid
`
`crystal display comprising a substrate (49) (second substrate opposed to the first substrate), an
`electrode (50) on the display substrate (third conductive film on the second substrate), and a
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`plurality of gold bumps (48) held between substrate (31) and substrate (49) (See colunm 5, lines
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`12-16 and Figures 4C, 5A and 1D). The reference fiirther teaches that output lines (44) are
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`connected to the ITO electrode (47) in the openings and that gold bumps (conductive spacers)
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`are held over the silicon nitride fihn and are in contact with the both the ITO e1ect_rode(47) and
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`electrode 50) (the conductive spacers are held over the second interlayer insulating fihn and are
`
`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
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`Page 5
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`in contact with the both the second and third conductive film) (See Figures 4C and 5A). The ‘456
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`patent finally discloses that each of the openings in the silicon nitride interlayer insulating film
`
`occupy an area larger than an area occupied each conductive particle (See Figures 1D, 4C and
`
`1A). Regarding claim 2, 12, 17 and 27, the ‘456 patent discloses that the conductive particles of
`
`gold are diffused in to the contact portion to provided electrical contact (gold coated conductive
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`spacers) (See column 5, lines 12-16). Regarding claims 5, 15, 20 and 30, the ‘456 patent states‘
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`that the invention relates to passive or active matrix displays such as “liquid crystal displays”
`
`(See column 1, lines 9-10).
`
`
`
`6.
`
`1
`
`Claims 1, 4 and 5 are rejected under 35 U.S.C. 102(e) as being anticipated by U.S. Patent
`
`No. 5,625,474 (‘474 patent).
`Regarding claim 1, the ‘474 patent discloses a full-color liquid crystal display device with
`
`a plurality of liquid crystal driving elements (active matrix display device) comprising a first
`
`substrate (1), gate insulating layer film (37) (first interlayer insulating fihn) over the first
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`substrate, pair of source/drain electrodes (39a, 39b) on the insulating layer (first conductive film
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`on the first interlayer insulating fihn), an interlayer film (3) over the source/drain electrodes
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`(second interlayer insulating fihn), a liquid driving electrode layer (5) over the interlayer film
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`(second conductive film on the second interlayer film and in the openings), a second substrate
`
`(10) which is opposed to the first substrate, a first counter electrode (1 1) (third conductive fihn)
`
`and anisotropic conductive members which are employed as spacers (34b, 34c, 34d) (conductive
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`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 6
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`spacers) (See Figure 12, column 4, lines 29-34, column 10, lines 10-25 and column 15, lines 21-
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`26). The ‘474 patent further discloses that the drain electrodes are connected to electrode pads 5b
`
`and 5c in the openings in the interlayer film (3) (the first conductive fihn is connected with the
`
`second conductive fihn in the openings) (See Figure 12). The ‘474 patent finally discloses that
`
`the anisotropic conductive member spacers are held over the interlayer fihn (3) and are in contact
`
`with the electrode pads (5b and 5c) and electrode pads (13b and 13c) (See Figure 12). Regarding
`
`claim 4, the ‘474 patent discloses that second substrate (10) “is formed with a transparent
`
`orientation fihn 12, a first counter electrode 11, and electrode pads 11b, 11c, 13b and 13c is
`
`disposed above the first liquid crystal driving electrode 5 with spacers (not shown) interposed
`
`between the transparent orientation films 8 and 12” (fourth conductive film between the third
`
`conductive film and the second substrate) (See column 10, lines 20-25). Regarding claim 5, the
`
`‘474 patent discloses the active matrix display is a “fiill-color liquid crystal display device” (See
`
`column 4, lines 29-34).
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`
`Claim Rejections - 35 USC § 103
`
`7.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`:
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`._j__:
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
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`Page 7
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole
`would have been obvious at the time the invention was made to a person having ordinary skill in the an to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
`
`8.
`
`Claims 1, 2, 4, 5, 16, 17, 19 and 20 are rejected under 35 U.S.C. 103(a) as being obvious
`
`over JP 6-289415 (‘415 publication) in view of JP 6-308510 (‘510 publication) or U.S. 5,486,941
`
`(‘941 patent).
`
`Regarding claims 1, 2, 16 and 17, the ‘415 publication discloses an active-matrix liquid
`
`crystal display device (See paragraph 0001) comprising, a first substrate (301), a first interlayer
`
`insulating film over the substrate, an ITO electrode (306) (first conductive fihn) on the first
`
`interlayer, a transparent organic insulating film (319) with two openings (second interlayer
`
`insulating film having at least two openings), a pad with a common potential (305) (second
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`conductive fihn) on the second interlayer insulating film, an opposing substrate (302) (second
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`substrate), a facing electrode (311) (third conductive fihn) and an electroconductive adhesive
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`(320) between first ‘substrate and the second substrate (See paragraph 0016 and 0018 and figures
`
`3a, 3b and 3c). The openings in transparent insulating film (319) necessarily have at least part of
`
`the transparent organic film in the openings since the transparent organic insulating film makes
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`up the walls of the opening. The ‘415 publication further disclose that opposing substrate 302
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`(second substrate) is connected to electrode (306) (first conductive fihn) and is connected to
`
`wiring layer (318) (first conductive fihn is connected with the second conductive film in the
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`openings) (See Para 001.8).
`
` u.-4
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`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 8
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`305 and facing electrode (31 1), the ‘415 publication fails to disclose conductive spacers over the
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`second interlayer insulating film which in is contact with both the second conductive film and
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`third conductive fihn.
`
`The ‘5 10 publication discloses a liquid crystal display panel comprising "[m]ultiple
`
`conductive particles 37 electrically connect the opposing electrode 27 and signal lead line 28,
`
`while at the same time regulating the gap [between] the two transparent substrates 21, 22." (See
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`page 5, right column, 1st paragraph).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
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`to replace the electroconductive adhesive of the ‘415 publication, which only creates an electrical’
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`connection, with the conductive particles of the '510 publication, which both creates an electrical
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`connection and regulates the cell gap, because the added fimction of regulating the cell gap
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`improves the cleamess of images displayed by the liquid crystal display device.
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`Alternatively, the ‘941 patent discloses a spherical spacer for a liquid crystal display
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`element comprising conductive fine spheres (29) that have the same makeup as spacers (8),
`except that conductive fine spheres (29) also have conductive layers formed on their surfaces.
`
`The ‘941 patent further discloses that "[a] conductive fine sphere of the present invention
`
`comprises the above-mentioned fine sphere and a conductive layer formed on a surface of the
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`fine sphere." (See column 4, lines 49-52 and colunm 9, lines 61-63). Accordingly, the conductive
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`fine spheres share characteristics with spacers. The ‘941 patent still further discloses that "[s]ince
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`the spacers have appropriate hardness, when pressure is applied to the pair of substrates facing
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`each other, the applied pressure is supported by the spacers, whereby the gap between the
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`substrates can be unifonnly maintained" (See column 9, lines 23-26). The ‘941 patent finally
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`

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`Application/Control Number: 90/007,985
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`Art Unit: 3991
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`‘
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`Page 9
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`discloses that examples of the metals used for the conductive spheres may include gold (See
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`column 11, lines 8-10) and provides a specific a example where the conductive fine particles
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`(spacers) are coated with nickel-gold (See figure 5 and Example 15).
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`Therefore, one of ordinary skill in the art at the time of the invention would be motivated
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`to replace the electro-conductive adhesive of the ‘415 publication, which only creates an
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`electrical connection, with the gold coated conductive particles of the '941 patent, which both
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`creates an electrical connection and regulates the cell gap, because the added function of
`regulating the cell gap improves the cleamess ofimages displayed by the liquid crystal display
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`device.
`
`Regarding claims 4 and 19, the ‘415 publication disclose black matrix (310) between the
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`third conductive film between facing electrode (311) (the third conductive fihn) and the second
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`substrate and opposing substrate (302) (second substrate) (See Figure 3b). The ‘48O patent
`(patent under reexamination) discloses that a black matrix is formed fiom a conducting film (See
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`column 13, lines 6-10). Accordingly, the ‘415 publication discloses a fourth conductive film
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`between the third conductive film and the second substrate.
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`Regarding claims 5 and 20, the ‘415 publication discloses that the active matrix display is
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`a liquid crystal display device (See paragraph 0001).
`
`9.
`
`Claims 1, 5, 11, 15, 16, 20, 26 and 30 are rejected under 35 U.S.C. l03(a) as being
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`obvious over JP 05-243333 (‘333 publication) in view of U.S. Patent No. 5,625,474 (‘474
`
`patent).
`
`

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`Application/Control Number: 90/007,935
`Art Unit: 3991
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`Page 10
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`Regarding claims 1, ll, 16 and 26, the ‘333 publication discloses a thin-film field
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`transistor-drive (TFT) liquid crystal display device comprising a contact structure having a glass
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`substrate (14), a first metal layer (1) over the glass substrate (first conductive film), a insulating
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`layer (5) with a contact holes (2) (second interlayer film provided on the first conductive fihn
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`with at least 2 openings), an overlay metal layer (3) over the insulating layer (5) and a second
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`opposing substrate with opposing electrode (17) made form transparent metal (third conductive
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`fihn on the second substrate) (See Figures 5, 7a, paragraphs 0006, 0007, 0014, and 0020). The
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`contact holes (openings) in insulating layer (5), necessarily have at least a part of the insulating
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`layer in the opening since the walls of the opening are made by the insulating layer. The ‘333
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`publication further discloses connections to the external circuits of a base film (20) on which a
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`copper plating pattern (21) is fabricated with thermal curable resin (22) which contains metal
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`particles (16) (plurality of conductive spacers between first and second substrates) (See
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`paragraph 0007 and figure 4). The ‘333 publication still further discloses the underlying metal
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`layer (1) (first metal layer) is connected with the overlay metal layer (3) (second metal layer) in
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`the contact holes (first conductive film is connected with the second conductive film in the
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`openings) (See Figure 7a). The reference still further teaches that the metal particles are held
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`over insulating layer (5) and are in contact with the transparent metal layer (4) and the copper-
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`plating pattern (21) (the conductive spacers are held over the second insulating film and are in
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`contact with both the second and third conductive film) (See Figure 7a). The reference finally
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`discloses that each contact hole (2) occupies an area larger than the area occupied by the metal
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`particles 16 (See figure 7a).
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 11
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`[I51
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`The ‘333 publication fails to specifically disclose a first interlayer insulating film provided over
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`the first substrate between the first conductive film and the substrate, however it does recite that
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`the particular structure of the TFT (thin film transistor) does not matter (See paragraph 0022).
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`The ‘474 patent provides an example of an LCD device with first gate insulating fihn
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`(37) (interlayer insulating fihn) between the first substrate and the source/drain electrodes (See
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`Figure 12).
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`It would have been obvious to a person of ordinary skill in the art at the time of the
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`invention to incorporate the first gate insulating film (interlayer insulating fihn) of the ‘474
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`patent into the contact structure disclosed by the ‘333 publication because the ‘333 publication
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`indicates that any conventional TFT (thin film transistor) structure may be used and because the
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`addition of the additional insulating layer would provide increased protection from damage.
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`Regarding claims 5, 15, 20 and 30, the ’33 publication discloses that the “present
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`invention relates to thin-fihn field transistor-drive liquid crystal display devices” (See paragraph
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`0001).
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
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`Page 12
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`10.
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`Claims 2, 12, 17 and 27 are rejected under 35 U.S.C. l03(a) as being obvious over JP 05-
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`243333 (‘333 publication) in view of U.S. Patent No. 5,625,474 (‘474 patent) as applied to
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`claims 1, 11, 15 and 26 above, and further in view of US 5,486,941 (‘941 patent).
`
`Regarding claims 2, 12, 17 and 27, the ‘333 publication in view of the ‘474 patent fails to
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`disclose that the metal particles (conductive spacers) are coated with gold.
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`The ‘941 patent discloses a spherical spacer for a liquid crystal display element
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`comprising conductive spacers made from conductive fine spheres (29) which are coated with a
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`nickel-gold layer (Figure 5, and examples 14-17) and further discloses that using nickel-gold
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`coated spacers provided excellent contact reliability (See column 23, lines 20-42).
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`Therefore, it would have been obvious to a person of ordinary skill in the art at the time
`
`of the invention to use nickel-gold coated spheres as disclosed by the ‘941 patent with the TFT_
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`LCD contact structure disclosed by the ’333 publication in View of the ‘474 patent because it
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`would provide the conductive spacers with excellent contact reliability and thus improve the
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`performance of the contact structure.
`
`11.
`
`Claims 4, 14, 19 and 29 are rejected under 35 U.S.C. 103(a) as being obvious over JP 05-
`
`243333 (‘333 publication) in view of U.S. Patent No. 5,625,474 (‘474 patent) as applied to
`
`claims 1, 11, 16 and 26 above, and fimher in view of JP 6-289415 (‘415 publication) or JP 5-
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`241183 (‘183 publication).
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`The ‘333 publication in view of the ‘474 patent fails to specifically disclose a fourth
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`conductive film between the third conductive fihn and the second substrate.
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
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`Page 13
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`As stated above, the ‘415 publication discloses an active-matrix liquid crystal display
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`device comprising black matrix layer (31) adjacent to a second substrate. The ‘48O patent (patent
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`under reexam) discloses that a black matrix films are formed from conducting films (See colunm
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`13, lines 6-10).
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`It would have been obvious to a person of ordinary skill in the art at the time of the
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`invention to incorporate a conducting black matrix film between the second substrate and the
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`third conducting film as disclosed by the ‘415 publication into the system disclosed by the ‘333
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`publication in view of the ‘474 patent because the black matrix conducting films would improve
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`the light shielding characteristics of the liquid crystal display device of the ‘333 publication.
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`Alternatively, the ‘ 183 publication discloses a liquid crystal display unit having a TFT
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`(thin film transistor) portion comprising a Cr conductive film (7) between the second substrate
`(2) and a third conductive film (10) (See paragraph 0038 and Figure 3). The reference further
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`discloses that the contact parts between top and bottom substrates improve reliability of the
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`contact (See paragraph 0038).
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`Therefore, it alternatively would have been obvious to a person of ordinary skill in the art
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`at the time of the invention to incorporate the extra conductive fihn between the second substrate
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`and the third conductive film as disclosed by the ‘183 publication into the system disclosed by
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`the ’333 publication in view of the ‘474 patent because it would have improved reliability of the
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`contact.
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`12.
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`Claims 3, 13, 18 and 28 are rejected under 35 U.S.C. 103(a) as being obvious over U.S.
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`Patent No. 5,757,456 (‘456 patent) as applied to claims 1, 11, 16 and 26 above and further in
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`view of US 6,124,917 (‘917 patent).
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`

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`Application/Control Number: 90/007,985
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`Art Unit: 3991
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`Page 14
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`The ‘456 patent fails to disclose that the second interlayer insulating film of the LCD
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`drive circuit “comprises an organic resin selected from the group consisting of polyimide,
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`polyarnide, polyimidamide and acrylic resin”.
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`The ‘917’ patent discloses LCD thin film transistor between a pair ofopposing substrates
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`wherein the interlayer insulating films are made of acrylic resin (See claim 21).
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`It would have been obvious to person of ordinary skill in the art at time of the invention
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`to use acrylic resin for the second interlayer film for the LCD drive circuit as disclosed by the
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`‘917 patent for the second interlayer film of the LCD drive circuit of the ‘456 patent, since it is
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`disclosed as a suitable material for the same purpose.
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`13.
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`Claims 6-10 and 21-25 are confirmed over the prior art of record.
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`Confirmed Claims
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`Reasons for Confirmation
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`14.
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`Regarding claims 6-10, the prior art of record fails to teach or suggest “An active matrix
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`display device comprising: a first substrate; afirst interlayer insulating film provided over said
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`first substrate; a first conductive fihn provided on said first interlayer insulating film; a second
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`interlayer insulating film provided on said first conductive fihn, said second interlayer insulating
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`film having at least two openings; a second conductive film provided on said second interlayer
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`insulating film and in said openings; a second substrate opposed to said first substrate; a third
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`conductive film provided on said second substrate; and a plurality of conductive spacers held
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`between said first substrate and said second substrate; wherein said first conductive film is
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`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`.
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`Page 15
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`connected with said second conductive film in said openings; wherein said conductive spacers
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`are dispersed into a sealing material; wherein at least one of said conductive spacers is held over
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`said second interlayer insulating film and in contact with both said second conductive film and
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`said third conductive film”
`
`Regarding claims 21-25, the prior art of record fails to teach or suggest “An active matrix
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`display device comprising: a first substrate; a first interlayer insulating fihn provided over said
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`first substrate; a first conductive fihn provided on said first interlayer insulating film; a second
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`interlayer insulating fihn provided on said conductive fihn; said second interlayer insulating film
`
`having an opening with a part of said second interlayer insulating fihn remaining in said
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`opening; a second conductive fihn provided on said second interlayer insulating fihn and in said
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`opening; a second substrate opposed to said first substrate; a third conductive fihn provided on
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`said second substrate; and a plurality of conductive spacers held between said first substrate and
`
`said second substrate; wherein said first conductive film is connected with said second
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`conductive film in said opening; wherein said conductive spacers are dispersed into a sealing
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`material; wherein at least one of said conductive spacers is held over said part of said second
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`interlayer insulating film and in contact with both said second conductive fihn and said third
`
`conductive fihn.”
`
`While the prior art or record discloses active matrix display devices with TFT portions
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`having conductive spacers between a pair of opposing substrates, the prior art fails to teach or
`
`suggest the active matrix display devices meeting the claimed structural requirements where the
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`conductive spacers are dispersed in a sealing material.
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`4
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`Page 16
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`'
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`Thit.-d Party Requester’s Proposed Rejections Not Adopted
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`15.‘
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`In the third party requester’s request for reexamination, the third party proposes rejecting
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`claims 1, 4, 11 and 15 under 35 USC 102(b) as anticipated by the ‘333 publication (See page 7 of
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`the request). In their request, third party asserts that the first interlayer insulating film is
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`inherently formed over or integrated on to substrate (14). The third party provides no argument
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`as to why this layer would be inherently fonned other than to argue that an Examiner found the
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`layer to be inherent in this publication in the examination of a related application with similar
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`claims. Since there are no teachings which would lead one of ordinary skillin the art to believe
`
`that the first interlayer insulating fihn would be inherently fonned by the process disclosed in the
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`‘333 publication, the proposed 102 rejections are not adopted. The third party requester also
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`proposed rejecting claims 1, 5, 11 and 15 under 35 USC l03(a) as being obvious over the ’333
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`publication in view of admitted prior art or the ‘474 patent. The proposed l03(a) rejections over
`
`the ‘333 publication in view of the ‘474 patent have been adopted, however, the proposed
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`rejections over the ‘333 publication in view of admitted prior art has not been adopted, because it
`
`is unclear that the ‘480 patent (patent under reexamination) admits that it is known to place a
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`first interlayer insulating film between the substrate the first conductive fihn.
`
`16.
`
`Third party additionally proposes rejecting claims 1, 2, 4, 5, 11, 12, 14 and 15 under 35
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`USC 102(b) anticipated by W0 97/ 10530 (‘530 publication). In their request, the third party
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`requester asserts that the ‘530 publication discloses a liquid crystal display comprising a
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`transparent substrate, an insulating film (11) on the substrate and a connection terminal (41) (first
`
`conductive layer) on the insulating fihn (11). Third party requester further asserts that the
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`

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`Application/Control Number: 90/007,985
`Art Unit: 3991
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`'
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`Page 17
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`reference discloses a second interlayer insulating film of silicon nitride (16) which contacts the
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`first conductive film and a connection terminal (41) which corresponds to the second conductive
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`film (See pages 25-28 of the request). The claims of the ‘480 patent (patent under reexamination)
`
`require a first conductive layer and second conductive layer separated by the second interlayer
`
`insulating film. The claims therefore require two different conductive layers. Connection
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`terminal (41) disclosed in Figure 28 carmot meet the claimed limitations of both the first
`
`conductive layer and the second conductive layer. Additionally, the claims require the second
`
`interlayer insulating fihn to have at least two openings. There is no teaching in the ‘530
`
`publication of a second interlayer insulating film having at least two openings. Accordingly, this
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`proposed rejection has not been adopted.
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`17.
`
`Third party requester further proposes rejecting claims 1, 5, 11 and 15 under 35 USC
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`103(a) over admitted prior art in view of the ‘333 publication. The third party requester asserts
`that prior art Figure 13 shows an unlabeled layer between internal conducting lines 21 and
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`substrate 11 and because substrate 11 is not conductively connected to lin