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 .
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 1-10 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 1 recites:
EL layer with:
1st region, 2nd region, and 3rd region
1st unit, 2nd unit, and intermediate layer
2nd region has a 1st refractive index
3rd region has a 2nd refractive index
The first region comprises a portion interposed between the second region and the third region, wherein the second region comprises a region interposed between the first electrode and the first region, wherein the third region comprises a region interposed between the first region and the second electrode
2nd refractive index < 1st refractive index
1st unit has a 1st layer containing a 1st light emitting material
2nd unit has a 2nd layer containing a 2nd light emitting material
Applicant recites a single EL layer with a
1st region, 2nd region, and 3rd region
1st unit, 2nd unit, and intermediate layer
The office cannot determine how the 1st region, 2nd region, and 3rd region is related to the 1st unit, 2nd unit, and intermediate layer. The 2nd region has a 1st refractive index and the 3rd region has a 2nd refractive index. The office assumes the refractive indexes correspond to a specific compound(s) in the 2nd region and a specific compound(s) in the 3rd region. However, the only materials recited are the 1st unit has a 1st layer containing a 1st light emitting material and the 2nd unit has a 2nd layer containing a 2nd light emitting material. The light emitting materials are associated with the 1st unit and the 2nd unit and the refractive indexes are associated 2nd region and 3rd region. In the case of the 3rd region which has a 2nd refractive index, is this refractive index based on the 1st layer , 2nd layer or some other layer?
The manner in which the EL layer is recited makes a determination of refractive indexes confusing since the relationship between the 1st region, 2nd region, and 3rd region and the 1st unit, 2nd unit, and intermediate layer is unclear which renders claim 1 and all claims requiring the limitations of claim 1 indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY D CLARK whose telephone number is (571)270-7087. The examiner can normally be reached on 8AM-4PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Chriss can be reached on 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY D CLARK/Primary Examiner, Art Unit 1786
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