Ex Parte Jeong et al

Patent Trial and Appeal Board

Jun 24, 2016

12977853 (P.T.A.B. Jun. 24, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/977,853 12/23/2010
58027 7590 06/28/2016
RC PARK & ASSOCIATES, PLC
1894 PRESTON WHITE DRIVE
RESTON, VA 20191
FIRST NAMED INVENTOR
Ki-Hun JEONG
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
P3967USOO 1116
EXAMINER
LI,MEIYA
ART UNIT PAPER NUMBER
2811
NOTIFICATION DATE DELIVERY MODE
06/28/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
PATENT@PARK-LAW.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KI-HUN JEONG, DO-HYUN KIM, DONG-HOON LEE,
KAP-SOO YOON, JAE-HO CHOI, SUNG-HOON YANG,
PIL-SANG YUN, and SEUNG-MI SEO
Appeal2014-005228 1
Application 12/977,853
Technology Center 2800
Before CARLA M. KRIVAK, JASON V. MORGAN, and
JOHN A. EVANS, Administrative Patent Judges.
EV ANS, Administrative Patent Judge.
DECISION ON APPEAL
1 The record includes a transcript of the oral hearing held April 14, 2016.
Appeal2014-005228
Application 12/977,853
STATEMENT OF THE CASE
Appellants2 seek our review under 35 U.S.C. § 134(a) of the
Examiner's Final Rejection of Claims 1-22, which constitute all the claims
pending in this application. App. Br. 3. Claims 23-26 have been
withdrawn. Id. at 22. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM-IN-PART. 3
STATEMENT OF THE CASE
The claims relate to a thin film transistor (TFT) and a display
substrate comprising the TFT. App. Br. 3.
Claims 1 and 11 are independent. An understanding of the invention
can be derived from a reading of exemplary Claim 1, which is reproduced
below with some formatting added:
1. A thin film transistor (TFT), comprising:
an oxide semiconductor layer;
a protective layer disposed on the oxide semiconductor
layer and overlapping a channel region of the oxide
semiconductor layer, the protective layer being an electrical
insulator;
2 The Appeal Brief identifies Samsung Display Co., LTD., as the real party
in interest. App. Br. 3.
3 Rather than reiterate the arguments of Appellants and the Examiner, we
refer to the Appeal Brief (filed September 17, 2013, "App. Br."), the Reply
Brief (filed March 12, 2014, Reply Br."), the Examiner's Answer (mailed
January 31, 2014, "Ans."), the Final Action (mailed April 9, 2013, "Final
Act."), and the Specification (filed December 23, 2010, "Spec.") for their
respective details.
2
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Application 12/977,853
an opaque layer disposed between the oxide
semiconductor layer and the protective layer;
a source electrode disposed on a first side of the oxide
semiconductor layer;
a drain electrode disposed on a second side of the oxide
semiconductor layer and facing the source electrode with the
channel region disposed between the drain electrode and the
source electrode;
a gate electrode configured to apply an electric field to the
oxide semiconductor layer; and
a gate insulating layer disposed between the gate electrode
and the oxide semiconductor layer.
Reference and Rejections
The Examiner relies upon the prior art as follows4
Yoon et al.
("Yoon")
US 2009/0180045 Al
The claims stand rejected as follows:
July 16, 2009
1. Claim 21 stands rejected under 35 U.S.C. § 112 second paragraph as
indefinite. 5
2. Claims 1-3, 5, 6, 8, 11-13, 15, 16, 18, and 22, stand rejected under 35
U.S.C. § 102(b) as anticipated by Yoon. Final Act. 3--4.
4 The Examiner further cites to German et al. (US 2009/0047466 Al; Feb.
19, 2009), Mitchell (US 2010/0200045 Al; Aug. 12, 2010), and Kim (US
2010/0314645 Al; Dec. 16, 2010) as support for the Examiner's finding that
ZnSnO, InZnO, and GaZnO are electrical insulators. Ans. 5-6. However,
these references are not used in the rejection itself. Final Act. 3-7.
5 The Examiner has withdrawn the indefiniteness rejection of Claims 1-20
and 22. Ans. 3.
3
Appeal2014-005228
Application 12/977,853
3. Claims 4, 7, 9, 10, 14, 17, and 19-21, stand rejected under 35 U.S.C.
§ 103(a) as obvious over Yoon. Final Act. 5-7.
ANALYSIS
We consider Appellants' arguments seriatim, as they are presented in
the Appeal Brief, pages 7-17.
CLAIM 21: INDEFINITENESS
The Examiner finds the recitation "the other protective layer" (claim
21, 1. 5) lacks sufficient antecedent basis. Final Act. 3.
Appellants contend Claim 21 recites "another protective layer
disposed between the TFT and the pixel electrode." Appellants argue the
term "another" is a contraction of the words "an" and "other." Thus,
according to Appellants, the recitation "the another protective layer" is a
grammatically correct equivalent of reciting "the an other protective layer."
App. Br. 11.
We agree with the Examiner because our review of the claims found
Appellants' wording somewhat difficult to parse and ultimately ambiguous
in meaning. 6
CLAIMS 1-3, 5, 6, 8, 11-13, 15, 16, 18, AND 22: ANTICIPATED BY YOON
Appellants argue the patentability of independent Claims 1 and 11,
which are argued together, but do not refer to the dependent claims.
Therefore, we find independent Claims 1 and 11 are representative of
6 Appellants might consider designating the accused layers respectively as
first and second protective layers, or "said another protective layer."
4
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Application 12/977,853
dependent Claims 2, 3, 5, 6, 8, 12, 13, 15, 16, 18, and 22. See 37 C.F.R.
§ 41.37(c)(l)(iv) (2012).
An electrically-insulating protective layer.
Independent Claims 1 and 11 recite, inter alia, "a protective layer
disposed on the oxide semiconductor layer and overlapping a channel region
of the oxide semiconductor layer, the protective layer being an electrical
insulator."
The Examiner finds Yoon discloses an electrically-insulating,
protective layer 44 disposed on an oxide semiconductor layer and
overlapping a channel region of the oxide semiconductor layer. Final Act. 3
(citing Yoon i-f 40, 11. 3-6).
Appellants contend Yoon discloses that protective layer 44 is formed
from an electrically-active, composite oxide of semiconductor. App. Br. 12
(citing Yoon i-f 40). Appellants argue a person having ordinary skill in the
arts (PHOSITA) would not consider a semiconductor to be the equivalent of
an electrical insulator. Id.
The Examiner finds the art teaches that Yoon' s disclosed materials,
ZnO, ZnSnO, InZnO, and GaZnO, are insulators. Ans. 5. Appellants
contend Yoon's disclosed thin film transistor (TFT) TRI includes a first
semiconductor pattern 42 and a second semiconductor pattern 44 as an
active layer. Reply Br. 6.
With reference to Figure 3B, reproduced below, Yoon discloses a gate
electrode 26 is formed on an insulating substrate 10.
5
Appeal2014-005228
Application 12/977,853
... ... -·-
FlG.3B
Yoon Figure 3 showing detail of electron flow through a transverse
section of thin film transistor TFT TR 1. Yoon i-f 3 3.
A first semiconductor pattern 42 is formed on gate insulator 30. A
second semiconductor pattern 44 is formed on the first semiconductor
pattern 42. Id. Data wiring, including source electrode 65 and drain
electrode 66 are formed on the first and second semiconductor patterns 42
and 44. Yoon i-f 41. The gate electrode 26, the first semiconductor pattern
42, the second semiconductor pattern 44, the source electrode 65, and the
drain electrode 66 collectively form the TFT TRI. Yoon i-f 43. Specifically,
Yoon's Figure 3B discloses electrons flow from source electrode 65, through
semiconductor pattern 44 to semiconductor pattern 42, having enhanced
electron mobility. Yoon i-fi-139, 55, 66. The electrons then travel in the
semiconductor pattern 42 and subsequently leave the active area through
semiconductor pattern 44 to drain electrode 66. Yoon i-f 42. Thus, electrons
leave the active TFT area through Yoon's data wiring, which directly
contacts the second semiconductor pattern 44 to form an "ohmic contact."
6
Appeal2014-005228
Application 12/977,853
Yoon i-f 42; see Fig. 3B. An ohmic contact is defined as a region where two
materials are in contact forming a low resistance junction that conducts
electrical current. McGraw-Hill Dictionary of Electrical & Computer
Engineering, p. 399, (2004).7 Therefore, the Examiner's finding that Yoon's
second semiconductor pattern 44 is an electrical insulator as claimed (Final
Act. 3; Ans. 5) is contrary to Yoon's express disclosure that second
semiconductor pattern 44 forms-with the source and drain electrode-an
"ohmic contact" across which current must flow. Yoon i-f 42; see Fig. 3B.
Yoon fails to disclose "a protective layer disposed on the oxide
semiconductor layer and overlapping a channel region of the oxide
semiconductor layer, the protective layer being an electrical insulator," as
recited in independent Claims 1 and 11. Therefore, we decline to sustain the
rejection of Claims 1-3, 5, 6, 8, 11-13, 15, 16, 18, and 22, the independent
claims and claims dependent therefrom. 8
CLAIMS 4, 7, 9, 10, 14, 17, AND 19-21: OBVIOUSNESS OVERY OON
In view of our foregoing discussion, we are unable to sustain the
rejection of dependent Claims 4, 7, 9, 10, 14, 17, and 19-21.
DECISION
7 An ohmic contact is defined as a purely resistive contact between two
surfaces or materials. Academic Press Dictionary of Science and
Technology, p. 1504, Christopher Morris, ed., Harcourt Brace Jovanovich,
New York, (1992) ("DST").
8 Because we are persuaded of error with regard to the identified issue,
which is dispositive of the rejection over Yoon, we do not reach the
additional issues raised by Appellants' arguments.
7
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Application 12/977,853
The rejection of Claim 21under35 U.S.C. § 112 is AFFIRMED.
The rejection of Claims 1-3, 5, 6, 8, 11-13, 15, 16, 18, and 22 under
35 U.S.C. § 102 and the rejection of Claims 4, 7, 9, 10, 14, 17, and 19-21
under§ 103(a) are REVERSED.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED-IN-PART
8