UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box I450 _
`‘
`Alcxandxia. Vugmm 22313-I450
`www.uspl.o.gov
`
`‘
`
`90/007,985
`
`03/24/2006
`
`6404480
`
`09325.00l3
`
`5389
`
`ERIC ROBINSON
`PMB 955
`21010 SOUTHBANK ST.
`POTOMAC FALLS, VA 20165
`
`.
`
`DATE MAILED: 09/03/2008
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. I0/03)
`
`

`
`
`
`ccnmissloner for Patens
`United States Patent ard Tradanark Otfice
`PO. Box 1 45!)
`Alexandria, VA 2231 3-1450
`unuuqrogav
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTERS CORRESPCNDENCE ADDRESS)
`
`HOWREY LLP
`525 MARKET STREET
`
`SAN FRANCISCO CA 94105-2708
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMIITAL FORM
`
`REEXAMINATION CONTROL NO. 90/007 985.
`
`PATENT NO. 6404480.
`
`ART UNIT 3991.
`
`Enclosed is a copy of 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
`reply haspassed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(g)).
`
`PTOL-465 (Rev.07—04)
`
`

`
`Control No.
`
`Patent Under Reexamination
`
`Notice of Intent to Issue
`
`90/001935
`
`5404430
`
`Ex Parte Reexamination Certificate
`
`_
`
`Examiner
`
`STEPHEN J. STEIN
`
`- The MAILING DA TE of this communication appears on the cover sheet with the conespondence address -
`
`1. E Prosecution on the merits is (or remains) closed in this ex parte reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition. Cf. 37 CFR 1.313(a). A Certificate will be
`issued in ‘view of
`(a) E Patent owner’s communication(s) filed: 13 September 2007 and 22 October 2008.
`(b) [:1 Patent owner’s late response filed:
`.
`(c) E] Patent owner’s failure to file an appropriate response to the Office action mailed:
`(d) D Patent owner’s failure to timely file an Appeal Brief (37 CFR 41.31).
`(e) [:1 Other:
`Status of Ex Parte Reexamination:
`
`(f) Change in the Specification: El Yes IX] No
`(g) Change in the Drawing(s): D Yes E No
`(h) Status of the Claim(s):
`
`(1) Patent claim(s) confirmed: £2.
`(2) Patent claim(s) amended (including dependent on amended claim(s)):
`(3) Patent claim(s) cancelled:
`.
`(4) Newly presented claim(s) patentable:
`(5) Newly presented cancelled claims:
`
`2. E Note the attached statement of reasons for patentability and/or confirmation. Any comments considered
`necessary by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly
`to avoid processing delays. Such submission(s) should be labeled: “Comments On Statement of Reasons for
`Patentability and/or Confirmation."
`3. IE Note attached NOTICE OF REFERENCES CITED (PTO-892). Cmpthfgm
`4. E Note attached LIST OF REFERENCES CITED (PTOISB/08).
`,
`fif. ;,_§;,..g::l.:
`‘I
`I
`5. E1 The drawing correction request filed on
`is: E] approved
`E] disapproved.
`
`6. IE Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
`a) All b)|j Some’
`c)Ij None
`of the certified copies have
`(:1 been received.
`CI not been received.
`E been filed in Application No. 09/046 685.
`.
`D been filed in reexamination Control No.
`[___] been received by the International Bureau in PCT Application No.
`
`" Certified copies not received:
`
`7. CI Note attached Examiner's Amendment.
`
`8. CI Note attached Interview Summary (PTO-474).
`
`9. D Other: __
`
`PHEN J. sT&lN
`P?-'i“l-|\E/IARY EXAMINER
`cnu - AU 3991
`
`‘
`
`DE ORAH D. JONES
`cnu SPE-AU 3991
`
`U.S.
`
`PTOL-469 (Rev.O8-06)
`
`Notice of Intent to Issue Ex Pane Reexamination Certificate
`
`Part of Paper No 20080716
`
`

`
`UNITED STATES DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`
`REEXAMINATION
`
`REASONS FOR PATENTABILITYI CONFIRMATION
`
`
`Reexamination Control No. 90/007985
`
`Attachment to Paper No. 20080716.
`
`Art Unit 3991.
`
`PTOL-476 (Rev. 03-98)
`
`4
`
` (Examiner's Signature)
`
`STEPHEN, J‘-. S.T.E|N .
`pRgMAnv-QXAMINER '
`CRU - AU 39.91,
`
`DEBORAH o. JONES
`cau SPE-AU 3991
`
`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`‘
`
`’
`
`Page 2
`
`Reexamination
`
`Notice ofIntent to Issue Reexamination Certificate
`(NIRC_)
`
`Information Disclosure Statement
`
`1.
`
`Enclosed are copies of all PTO—1449/PTO-892 forms in this proceeding. Each and
`
`evgy document cited on above identified forms and submitted by Patent Owner has been
`
`considered by the Examiner. However, the citations on the above identified forms which
`
`relate to various litigation documents from accompanying litigation or documentsfrom.
`
`filed U.S. patent applications have had a line drawn through the citation since they are
`
`not prior art patents or printed publications and are not appropriate for printing on the
`
`face of the reexamination certificate.
`
`Allowed/Confirmed Claims
`
`2.
`
`Claims 1-30 are confirmed
`
`STATEMENT OF REASONS FOR PATENTABILITY AND/OR
`
`CONFIRMATION
`
`The following is an examiner's statement of reasons for patentability and/or
`
`confirmation of the claims found patentable in this reexamination proceeding:
`
`Regarding claims 6-10, the claims are confirmed for the reasons set forth in the
`
`oflice Action mailed July 10, 2007.
`
`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`'
`
`g
`
`Page 3
`
`Regarding the rejectionsto claims 1, 2, 5, 11, 12, 15-17, 20, 26, 27 and 30 over
`
`_
`
`the Yamakazi ‘4S6 and to claims 3, 13, 18 and 28 filrther in view ofthe '917 patent,
`
`Patent Owner’s arguments filed September 13, 2007 and October 22, 2007 were
`
`persuasive so as to overcome the rejections. In particular, Patent Owner’s arguments that
`
`the final drive circuit fails to disclose or suggest (I) 1a second substrate opposed to the
`
`first substrate, (2) a second conductive film on the second interlayer film in said openings
`
`(in the at least-two openings), and (3) a second interlayer insulating film having an
`
`opening with a part of the second interlayer insulating film remaining in the opening were
`
`deemed persuasive.
`
`Regarding the rejections to claims 1, 4 and 5 over the Amori '474 prior art
`
`reference, Patent Owner's arguments filed September 13, 2007 and October 22, 2007
`
`were persuasive so as to overcome the rejections. In particular, Patent Owner's arguments
`
`that the Amori '474 prior art reference fails to disclose or suggest (I) a first conductive
`
`fihn connected with a second conductive fihn in opening or (2) at least on of a plurality
`
`of conductive spacers held over a second insulating film and in contact with a second
`
`conductive film and a third conductive film as required by independent claims 1, 4 and 5
`
`was deemed persuasive.
`
`Regarding the rejections over claims 1, 2, 4, 5, 16, 17, 19 and 20 over the ‘415
`
`publication in view of the '51O publication or the '94l Patent Owner’s arguments in the
`supplemental amendment filed October 22, 2007 as to the lack of motivation to combine
`
`the references was deemed persuasive so as to overcome the rejections to the claims.
`
`Regarding the rejections over claims 1, 5, 11, 15, 16 20, 26 and 30 over the '333
`
`publication in view of the i474 patent, and claims 4, 14, 19, 29 further in view ofthe ‘415
`
`

`
`Application/Control Number: 90/007,985
`
`Art Unit: 3991
`
`Page 4
`
`publication or the '183 publication and claims 2, 12, 17 and 27 finther in view of the '941
`
`. patent, Patent Owner’s arguments filed in the supplemental response on October 22, 2007
`
`were deemed persuasive so as to overcome the rejections. In particular, Patent Owner’s
`
`arguments that the combination of the ‘333 patent and the Amori ‘474 publication does
`
`not teach or suggest that the first conductive film is connected with a second conductive
`
`film in openings and that at least one of a plurality of conductive spacers is held over a
`
`second insulating layer insulating film and in contact with both the second conductive
`film and a third conductive film was deemed persuasive to overcome the rejections to
`
`claims 1, 2, 4, 5,11,12,15-17,19, 20, 26, 27 , 29 and 30.
`
`Accordingly all rejections are withdrawn.
`
`Any comments considered necessary by PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by
`
`the patent owner should be labeled: "Comments on Statement of Reasons for
`
`Patentability and/or Confirmation" and will be placed in the reexamination file.
`
`Future Correspondence
`
`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Stephen Stein whose telephone number is 571-272-1544.
`
`The examiner can normally be reached on Monday through Friday from 8:30 a.m. to 5:00
`
`p.m. Ifthe attempts to reach the examiner are unsuccessful, the examiner’s supervisor,
`
`Deborah Jones can be reached by dialing 571-272-1535. The official fax number for the
`
`organization where this application is assigned is 571-273-9900.
`
`Information regarding the status of an application may be obtained from the
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`

`
`Application/Control Number: 90/007,985
`Art Unit: 3991
`
`Page 5
`
`published applications may be obtained from either Private PAIR or Public PAIR. Status
`infonnation for unpublished applications is available through Private PAIR only. For
`more information about the PAIR system, see http://pair-direct.uspto. gov. Should you
`have questions on access to the Private PAIR system, contact the Electronic Business
`Center GEBC) at 866-217-9197 (toll-free).
`
`All correspondence relating to this ex parte reexamination proceeding should be directed
`as follows:
`
`By U.S. Postal Service Mail to:
`
`Mail Stop Ex Parte Reexam
`ATTN: Central Reexamination Unit
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand to:
`
`Customer Service Window
`Randolph Building
`401 Dulany St.
`Alexandria, VA 22314
`
`July 29, 2008
`
`,A£;AAé-.
`
`Stephen J. Stein
`Primary Examiner
`
`Conferee
`
`Art Unit 3991
`
`
`Conferee
`
`"L(__/_'
`
`C. JONES
`DWAY
`PRIMARY EXAM|NER
`CRU _ AU 3991
`
`.
`
`DEBORAH D. JONES
`CRU SPE-AU 3991