DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Restriction/Election Requirement
The Restriction/Election Requirement filed 02/24/26 is herein withdrawn.
Claims 1-54 are pending. No claims have been withdrawn from consideration.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-26 are rejected under 35 U.S.C. 101 as claiming the same invention as that of Claims 1-26 of prior U.S. Patent No. 11,744,147 B2 (herein referred to as “Lee et al.”). This is a statutory double patenting rejection.
Lee et al. claims the following:
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378
402
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222
406
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1038
432
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684
420
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(Claims 1-16); Lee et al. claims inventions identical in scope to that of Claims 17 and 19 (Claims 17 and 19). Lee et al. further claims the following:
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902
428
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138
384
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98
412
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1116
404
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1256
404
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684
868
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(Claims 18 and 20-26).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 27-39 and 47-54 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 27 and 47, which the other claims are dependent upon, recites “a hole transport region, an emission layer, and an electron transport region stacked in order” which renders the exacts scope of the claims indefinite due to the ambiguity of the limitation “in order.” The Office has interpreted that the layers are stacked in order listed starting from the first electrode for the purpose of this Examination.
Clarification is required.
Claims 40-46 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 40, which the other claims are dependent upon, recites “a charge generating layer disposed between the first to fourth light emitting units” which renders the exact scope of the claim indefinite as it is unclear the exact number of charge generating layers present in the light-emitting diode. The Office has interpreted the charge generating layers to be present between each pair of adjacent light-emitting units (i.e., between the first and second, second and third, and third and fourth light-emitting units) for the purpose of this Examination.
Clarification is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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/JAY YANG/
Primary Examiner, Art Unit 1786
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