DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 20 May 2026 has been entered.
Claims 9-20 are withdrawn; claims 1-8 are pending.
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Response to Arguments
Applicant's arguments filed 04 May 2026 have been fully considered but they are not persuasive. Since the arguments pertain to the amendments, they will be addressed below in the prior art rejection.
Claim Rejections - 35 USC § 102
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.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al (U.S. 2014/0276248). Hall discloses (Figures 3B and 9) a substrate (par. 0078-0080) a first source voltage line (80) disposed on a top surface of the substrate and including a first sub-source voltage line and a second sub-source voltage line (80), which are electrically insulated from each other (par. 0207; 693); a first light emitting element (par. 0052, “bottom-emitting light source”) disposed on the top surface of the substrate and connected to the first sub-source voltage line, wherein the first light emitting element includes a first intermediate layer; and a second light emitting element (“top emitting” light source) disposed on the top surface of the substrate and connected to the second sub-source voltage line, wherein the second light emitting element includes a second intermediate layer, wherein the first light emitting element and the second light emitting element are configured to emit light in a same direction toward a light-emitting surface of the light therapy apparatus (par. 0047, “For a device intended to emit light only through the bottom electrode (i.e., skin-facing electrode), the top electrode (i.e., electrode facing away from the skin) does not need to be transparent.”), the first light emitting element connected to the first sub-source voltage line and the second light emitting element connected to the second sub-source voltage line are driven independently of each other (par. 0069, “The plurality of light emitters may emit light with substantially different wavelengths.”), the first light emitting element and the second light emitting element are spaced apart from each other when viewed in a direction perpendicular to the top surface of the substrate, the first light emitting element and the second light emitting element do not overlap with each other in the direction perpendicular to the top surface of the substrate, each of the first intermediate layer and the second intermediate layer is an organic layer (par. 0078-0080), the first intermediate layer has a first thickness, and the second intermediate layer has a second thickness greater than the first thickness (par. 0047).
Regarding claim 2, Hall discloses (par. 0058-0063) each of the first intermediate layer and the second intermediate layer include a first hole injection layer, a hole transport layer, an emission layer, an electron transport layer, and an electron injection layer, which are sequentially stacked one on another, and the second intermediate layer further includes a second hole injection layer.
Regarding claim 3, Hall discloses (par. 0058-0063) the second hole injection layer of the second intermediate layer is disposed between the first hole injection layer and the hole transport layer of the second intermediate layer.
Regarding claim 4, Hall discloses (par. 0069) a wavelength of light emitted from the first light emitting element and a wavelength of light emitted from the second light emitting element are different from each other.
Regarding claim 5, Hall discloses (par. 0082) the substrate includes a plurality of islands divided by a plurality of cutout portions and a plurality of bridges, each connecting adjacent islands among the plurality of islands to each other.
Regarding claim 6, Hall discloses (par. 0082) both of the first light emitting element and the second light emitting element are disposed on each of the plurality of islands.
Regarding claim 7, Hall discloses (par. 0082) one of the first light emitting element and the second light emitting element is disposed on each of the plurality of islands.
Regarding claim 8, Hall discloses (Figure 3B) the first light emitting elements are arranged along a first direction, the second light emitting elements are arranged along the first direction, and the first light emitting elements and the second light emitting elements are alternately disposed along a second direction crossing the first direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/ Primary Examiner, Art Unit 3792
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