DETAILED ACTION
Applicant’s reply, filed 2 February 2026 in response to the non-final Office action mailed 1 October 2025, has been fully considered. As per Applicant’s filed claim amendments claims 1-14 are pending, wherein: claims 1 and 10 have been amended, and claims 2-9 and 11-14 are as originally filed.
Claim Objections
Claim 10 is objected to because of the following informalities: in the final line of the claim “in Formula 1 to Formula 7” should instead be –in Formula 2 to Formula 7--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US PGPub 2016/0118620) in view of Okazaki (US PGPub 2004/0171867).
Regarding claims 1 and 3-10, Yoo teaches encapsulated organic electronic devices (OEDs) comprising a multi-layer encapsulation film which comprises, in top-down stacking order (instant claim 9), a moisture barrier layer (instant third layer), a crack barrier layer (instant second layer) and a further separate laminating layer (instant first layer) ([0014]-[0016]; [0021]-[0024]; [0070]-[0071]; Figs), and wherein the encapsulation film is applied to the top surface of an OED, preferably an organic light emitting diode (OLED), on a substrate ([0015]; [0091]; Fig4).
Yoo further teaches the moisture barrier layer (instant third layer)) contains a moisture absorbent ([0040]-[0046])(instant hygroscopic getter), including CaO ([0044])(instant claim 3).
Yoo teaches the moisture barrier layer, the crack barrier layer, and the laminating layer comprise polymer base resins selected from the same encapsulating resins which may be the same for each layer ([0024]; [0027]-[0032]; [0049]). Yoo teaches preferred encapsulating resins include olefin-based resins and elastomers, preferably polyisobutylene resins or elastomers ([0028]; [0031])(instant claims 4-5 and 8), said teaches the resins as having a weight average molecular weight of 100,000 to 1,000,000 ([0032])(instant claims 6-7).
Yoo teaches the encapsulating film as noted and teaches selection/inclusion of a curable resin ([0033]) that can be cured to exhibit adhesive characteristics ([0034]-[0035]) and teaches the crack barrier layer (instant second layer) can include such curable materials ([0050]-[0051]). Yoo does not specifically teach compounds represented by instant Formula 1 (instant claim 1) or instant Formulas 2 thru 7 (instant claim 10). However, Okazaki teaches curable compounds, suitable for use as curable coating agents, comprising a carboxylic group-containing acrylate monomer modified by a small amount of lactones of VIII-3 ([0012]; [0050]-[0053]; [0145]-[0147]):
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; wherein R, R1, R2 and R3 are hydrogen or methyl, R4 and R5 are hydrogen or an alkyl of 1-12 carbons, ‘j’ is an integer of 2-6, ‘x’ is an integer of 4-7, R9 is a residual group of the carboxylic acid, ‘m’ is an integer of 1-3 and ‘n’ is not less than 1 (instant claim 1). Okazaki teaches VIII-3 is obtained by modifying a hydroxyalkyl(meth)acrylate with lactones, where the hydroxyalkyl(meth)acrylate is preferably hydroxyethyl(meth)acrylate and the lactone is ε-caprolactone (abstract; [0020]; [0084]-[0085]), followed by modification with a carboxylic acid or anhydride ([0146]) selected from carboxylic acids including tartaric acid, malic acid, citric acid, etc. and anhydrides thereof ([0722])(instant claim 10: F3, F4, F7). Okazaki teaches these compounds are advantageous in that they improve adhesion to resins and inorganic compounds ([0732]). Okazaki and Yoo are analogous art and are combinable because they are concerned with the same field of endeavor, namely curable acrylic-based resin materials capable of being cured by ultraviolet rays or electron beams. At the time of filing a person having ordinary skill in the art would have found it obvious to include the compounds of VIII-3 of Okazaki as the curable materials of Yoo and would have been motivated to do so as Yoo invites the inclusion of curable materials in the crack layer for the purpose of imparting adhesive properties as well as improving layer durability and processability ([0035]; [0051]) and further as Okazaki teaches such compounds advantageously improve resin adhesion ([0732]).
Regarding claim 2, Yoo in view of Okazaki render obvious the device as set forth above. Yoo further teaches thicknesses of the layers included in the encapsulation film are not limited and further teaches preferably the thickness of the crack barrier layer is approximately 1 to 20 µm (instant second layer thickness) and the thickness of the moisture barrier layer is approximately 5 to 200 µm (instant third layer thickness). Yoo teaches the crack barrier layer or the laminating layer are the layers that are in contact with the OED upon encapsulation and when the laminating layer is present it is below the crack barrier layer (i.e. is the layer directly in contact with the OED) ([0017]; [0040]; [0049]), where the crack layer is of smaller thickness than the moisture barrier layer to balance damage factor and moisture preventability of the moisture barrier layer ([0076]). As such it would be obvious for one of ordinary skill in the art to select a laminating layer thickness from the same range as the crack barrier thickness given the laminating layer is present for a similar reason as the crack layer and is subject to similar size and effect considerations, and may further comprise the same materials. In addition or in the alternative, it would be obvious to change the size/proportion of the laminating layer of Yoo as changes in size/proportion are found to be prima facie obvious and do not render the instant claims patentable (see MPEP 2144.04; see In re Rose, 220 F.2d 459, 105 USQP 237 (CCPA 1955); see In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976)).
Regarding claim 11, Yoo in view of Okazaki render obvious the device as set forth above. As Okazaki teaches compounds which read upon the compounds of Formula 1, it is held that the compounds of Okazaki will have weight average molecular weights that substantially overlap with and render taught or obvious the claimed weight average molecular weight, absent evidence to the contrary (MPEP 2112.01)).
Regarding claim 12, Yoo in view of Okazaki render obvious the device as set forth above. Yoo further teaches the encapsulating film may further comprise a first base/release layer film upon which the encapsulating film is formed and/or may further comprise a second cover film that is form on the encapsulating film ([0067]-[0068]; [0073]).
Regarding claims 13-14, Yoo in view of Okazaki render obvious the device as set forth above. Yoo further teaches the formation of a transparent electrode on the substrate, an organic material layer formed thereon comprising, a second electrode formed on the organic material layer and the encapsulating film applied to the top surface of the OED to cover its entire surface ([0084]-[0091]; FIG 4)(the location of the OED on the substrate being readable over ‘a display area’ and the remainder of the substrate being readable over ‘a non-display area’ as claimed). As taught by Yoo the lowest layer (crack barrier layer or laminating layer) is the layer which fully contacts the OED and the additional layers are present above (see above; Fig 4+Fig 2).
Response to Arguments/Amendments
The objections of claims 1 and 10 are withdrawn as a result of Applicant’s filed claim amendments. Note the new objection to claim 10 set forth above as necessitated by said amendments.
The 35 U.S.C. 112(b) rejection of claim 10 is withdrawn as a result of Applicant’s filed claim amendments.
The 35 U.S.C. 112(d) rejection of claim 10 is withdrawn as a result of Applicant’s filed claim amendments.
The 35 U.S.C. 103 rejection of claims 1-14 as unpatentable over Yoo (US PGPub 2016/0118620) in view of Okazaki (US PGPub 2004/0171867) is maintained. Applicant’s arguments (Remarks, pages 7-8) have been fully considered but were not found persuasive.
Applicant’s argument is substantially directed to the instant formula 1 structure R1 group which = a hydroxyl group compared to the R9-[COOH]m group of the VIII-3 formula of Okazaki. Applicant argues that Okazaki fails to teach a hydroxyl group, specifically that Okazaki fails to teach a terminal OH group as ‘required by claim 1’. The Examiner notes that a ‘terminal’ OH group is not in fact required by claim 1 (see also the structures of instant claim 10, where m is greater than 1). Claim 1 requires only that the A group of instant Formula 1 contain an OH group bond, and A is not limited in terms of substituted/unsubstituted/etc. or a terminal location. Okazaki teaches that Formula VIII is obtained by modifying a hydroxyalkyl(meth)acrylate (i.e. hydroxyethyl(meth)acrylate) with a lactone (i.e. ε-caprolactone)(see [0020], [0084]-[0085]) followed by further reaction with a carboxylic acid or anhydride (note: tartaric acid, malic acid, citric acid, etc.) ([0146]; [0722]). In the VIII-3 formula of Okazaki, the R9 group is taught to be a residual group of the carboxylic acid/anhydride used in the modification step, which includes carboxylic acids, or anhydrides thereof, whose residue would include at least one -OH group (again noting, tartaric acid, malic acid, citric acid, etc. of [0722]) thus meeting the instant recitation of an -OH group bound to an ‘A’. It is further noted that the method of Okazaki to produce the compounds of VIII-3 is substantially the same as the instantly described method wherein 2-hydroxyethyl methacrylate (i.e. a hydroxyalkyl(meth)acrylate) is reacted with ε-caprolactone (i.e. a lactone) and the result of that then reacted with gluconic acid, tartaric acid, citric acid, salicylic acid, lactic acid, or malic acid (i.e. a carboxylic acid) (see preparation examples 1-6, instant original specification pages 17-19) thus rendering A of instant formula I a residual group of a carboxylic acid. As such, Applicant’s argument that the compounds of the instant Formula I and Okazaki Formula VIII-3 are structurally and chemically different is not found persuasive. Applicant’s argument that one would not have been motivated to remove/replace the COOH groups of Okazaki is not persuasive as no such rational or position was set forth or relied upon.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE L STANLEY whose telephone number is (571)270-3870. The examiner can normally be reached M-F 7:30 AM to 3:30 PM.
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/JANE L STANLEY/ Primary Examiner, Art Unit 1767