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 .
Response to Amendment/Argument
Applicant’s arguments, see remarks, filed 10/15/2025, with respect to the rejections of claims 1-7 and 9-17 have been fully considered and are persuasive. The rejections of claims 1-7 and 9-17 have been withdrawn.
Election/Restrictions
Claim 1 is allowable. Claim 8, previously withdrawn from consideration as a result of a restriction requirement, requires all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between species I and II, as set forth in the Office action mailed on 03/14/2025, is hereby withdrawn and claim 8 is hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation “wherein an outer edge of the plurality of inorganic insulating layers has a saw tooth pattern” has not been found in the specification or drawings, and no indication of where the supporting matter is located has been made in the remarks filed on 10/15/2025. Accordingly, it is being treated as new matter and must be canceled from the claims. If claim 18 does not contain new matter, please point out in detail where the supporting specification and drawings are located.
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.
Claim 18 is 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 18 is not adequately supported by the drawings and specification and is being treated as new matter. Accordingly, the new matter must be canceled from the claims. If claim 18 does not contain new matter, please point out in detail where the supporting specification and drawings are located.
Allowable Subject Matter
Claims 1-17 and 19-20 are allowed.
Regarding independent claim 1, the most relevant prior art reference US-20230014863-A1 to Kim et al. teaches most of the limitations of claim 1, but not the limitations of “wherein the plurality of inorganic insulating layers includes a notched area or cut out portion located between two adjacent flexible films among the plurality of flexible films in a plan view” as recited. Therefore, claim 1 is deemed patentable over the prior art.
Claims 2-9 are allowed as being dependent on allowed claim 1.
Regarding independent claim 10, the most relevant prior art reference US-20230014863-A1 to Kim et al. teaches most of the limitations of claim 10, but not the limitations of “wherein the plurality of inorganic insulating layers includes a notched area or cut out portion located between two adjacent flexible films among the plurality of flexible films in a plan view” as recited. Therefore, claim 10 is deemed patentable over the prior art.
Claims 11-17 and 19-20 are allowed as being dependent on allowed claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS J KOLB whose telephone number is (571)272-0276. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eliseo Ramos-Feliciano can be reached at (571) 272-7925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.K./ Examiner, Art Unit 2817
/ELISEO RAMOS FELICIANO/Supervisory Patent Examiner, Art Unit 2817