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 Arguments
Claims 14, 24-27, and 33-37 stand are rejected under Section 102 in view of Kato, with claims 28-32 being rejected under Section 102 or in the alternative under Section 103 in view of Kato. The specification and abstract stand objected to. Claims 1-13 and 15-23 were previously cancelled.
Applicants provided amendments to the specification and abstract. Applicants argue that the Kato reference does not disclose the claimed features of independent claims 14 and 24-27.
Turning first to the abstract: The abstract had been previously objected to for exceeding 150 words. Applicants amended the abstract to bring it within the 150-word requirement. Upon further review of the abstract, the abstract is missing a key feature of the claims: the insulating layer on which the allowability of the claims currently turns. The abstract is objected to for missing this key feature.
Specification: Applicants’ amendments address most of the specification objections, and applicants’ arguments overcome the remaining objections. The amendments are accepted and entered. No new matter has been added. The specification objections are withdrawn. The Office noted that the final paragraph of the specification, paragraph 483, has in previously applications been required to be removed by Publications staff prior to an application’s issuance as a patent. The Office includes a specification objection relating to this, so as to avoid any future problems should this application be allowed.
Section 102 rejections: Applicants argue that Kato does not disclose the claimed features of claims 14, 25, and 27 because claims 14, 25, and 27 require “forming an insulating film in contact with a side surface of the first light-emitting layer, a side surface of the first layer, a side surface of the second light-emitting layer, and a side surface of the second layer.” (emphasis in original argument). Amendment at 4. Similarly, applicants argue that Kato does not disclose the claimed features of claims 24 and 26 because claims 24 and 26 require “forming an insulating film in contact with a side surface of the first light-emitting layer and a side surface of the second light-emitting layer.” (emphasis in original argument). Id. Applicants direct the Office’s attention to their Figure 5A which shows a single film 573A on side surfaces of the first and second light-emitting layers and side surfaces of the first and second layers. Id. Applicants argue that Kato teaches a structure in which “separate and distinctly different insulating films (114G, 114B) are provided to each overlap with only one of the first layer/the first light-emitting layer or the second layer/the second light-emitting layer, but not both.” Id. at 5 (emphasis in original). Applicants acknowledge that the Office stated that the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers. Id. However, applicants argue that “an insulating film” should be interpreted as a single insulating film (or “an insulating film (singular)”, as applicants stated) that is formed over the side surface of all recited elements. Id. at 5-6. Applicants argue that this is the proper interpretation in light of the specification. Id. at 5.
Applicants pointed are well made and well taken, but the Office disagrees because, in the Office’s view, this would require importing limitations from the specification into the claim language instead of reading the claim language in light of the specification. For example, in claim 14, the claim requires: “…the method comprising the steps of: […] forming an insulating film in contact with a side surface of the first light-emitting layer, a side surface of the first layer, a side surface of the second light-emitting layer, and a side surface of the second layer.” (emphasis added). Use of the term “comprising” is open language and thus the process of forming the insulating film—a single insulating film of different thicknesses as shown in Kato—can be in multiple steps. The claim does not include a requirement such as “after the first light-emitting device and the second light-emitting device are formed, forming an insulating film in direct contact with a side surface of the first light-emitting layer, a side surface of the first layer, a side surface of the second light-emitting layer, and a side surface of the second layer.” (Note that Kato shows an insulating film (114B) formed in direct contact with a side surface of the second layer and a side surface of the second light-emitting layer, and formed in indirect contact with the side surface of the first light-emitting layer and the side surface of the first layer.) The claim does not include a requirement that the insulating film be formed simultaneously in direct contact on a side surface of the first light-emitting layer, a side surface of the first layer, a side surface of the second light-emitting layer, and a side surface of the second layer. To include any of these limitations would be to import limitations from the specification into the claims. The Office declines to do so. For these reasons, the rejections are maintained.
As an additional note, there is another reason why applicants’ proposed claim interpretation is problematic: To require that “an insulating film” be interpreted as “a single insulating film” would result in claims 28-32 being indefinite because these claims define the insulating film to include first insulating film and a second insulating film over the first insulating film. Thus, the insulating film would not be a single insulating film.
Specification
The abstract of the disclosure is objected to because the abstract is missing the key feature of the invention: the insulating layer. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Appropriate correction is required.
The disclosure is objected to because of the following informalities:
Paragraph 483 (last paragraph of the specification): Delete the paragraph, per discussion above.
Appropriate correction is required.
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 28-32 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.
Regarding claim 28, which depends from claim 14: To the extent that claim 14 is interpreted to require a single insulating film to be formed, claim 28 is rejected as indefinite because claim 28 requires the single insulating film to include a first insulating film and a second insulating film on the first insulating film. See claim 28, lines 2-3. Because the requirements conflict, claim 28 is rejected as indefinite.
Regarding claims 29-32, which depend, respectively, from claims 24-27: Claims 29-32 have similar language as claim 28. If claims 24-27 are interpreted to require a single insulating film to be formed, then their respective dependent claims 29-32 are rejected for the same reasons as claim 28 has been rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 14, 24-27, and 33-37 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kato, U.S. Pat. Pub. No. 2021/0265432, Figures 1-18.
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Regarding claim 14: Kato Figures 1-18 disclose a for manufacturing a display panel, the method comprising the steps of: forming a first electrode (118G) and a second electrode (118B); forming a partition (119) between the first electrode (118G) and the second electrode (118B); forming a first layer (hole transport layer of organic compound layers (117G), Kato specification ¶ 57) over the first electrode (118G) and the second electrode (118B); forming a first light-emitting layer (light-emitting layer of organic compound layer (117G), id.) over the first layer (hole transport layer of organic compound layer (117G)); forming a third electrode (116) over the first light-emitting layer (light-emitting layer of organic compound layer (117G)); removing the first layer (hole transport layer of organic compound layer (117G)), the first light-emitting layer (light-emitting layer of organic compound layer (117G)), and the third electrode (116) over the second electrode (118B) by a photoetching method to form a first light-emitting device (110G); forming a second layer (hole transport layer of organic compound layer (117B), id.) over the third electrode (116G) and the second electrode (118B); forming a second light-emitting layer (light-emitting layer of organic compound layer (117B), id.) over the second layer (hole transport layer (117B)); forming a fourth electrode (116B) over the second light-emitting layer (light-emitting layer of organic compound layer (117B)); removing the second layer (hole transport layer of organic compound layer (117B)), the second light-emitting layer (light-emitting layer of organic compound layer (117B)), and the fourth electrode (116B) over the third electrode (116G) by a photoetching method to form a second light-emitting device (110B) separated from the first light-emitting device (110G); and forming an insulating film (114G, 114B) in contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)), a side surface of the first layer (hole transport layer of organic compound layer (117G)), a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)). Kato specification ¶¶ 45-124. Note: the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers and first and second layers. To the extent that the claim is interpreted to require the insulating film to be a single insulating film, then in the alternative, the rejection relies on the following: forming an insulating film (114B) in (indirect) contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)) and a side surface of the first layer (hole transport layer of organic compound layer (117G)), and in (direct) contact with a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)).
Regarding claim 24: Kato Figures 1-18 disclose a method for manufacturing a display panel, the method comprising the steps of: forming a first electrode (118G) and a second electrode (118B); forming a first light-emitting layer (117G) over the first electrode (118G) and the second electrode (118B); removing the first light-emitting layer (117G) over the second electrode (118B) by a photoetching method; forming a second light-emitting layer (117B) over the first light-emitting layer (117G) and the second electrode (118B); removing the second light-emitting layer (117B) over the first light-emitting layer (117G) by a photoetching method; and forming an insulating film (114G, 114B) in contact with a side surface of the first light-emitting layer (117G) and a side surface of the second light-emitting layer (117B). Id. ¶¶ 45-124. Note: the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers. To the extent that the claim is interpreted to require the insulating film to be a single insulating film, then in the alternative, the rejection relies on the following: forming an insulating film (114B) in (indirect) contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)), and in (direct) contact with a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)).
Regarding claim 25: Kato Figures 1-18 disclose a method for manufacturing a display panel, the method comprising the steps of: forming a first electrode (118G) and a second electrode (118B); forming a first layer (hole transport layer of organic compound layer (117G), Kato specification ¶ 57) over the first electrode (118G) and the second electrode (118B); forming a first light-emitting layer (light-emitting layer of organic compound layer (117G), id.) over the first layer (hole transport layer of organic compound layer (117G)); removing the first layer (hole transport layer of organic compound layer (117G)) and the first light-emitting layer (light-emitting layer of organic compound layer (117G)) over the second electrode (118B) by a photoetching method; forming a second layer (hole transport layer of organic compound layer (117B), id.) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) and the second electrode (118B); forming a second light-emitting layer (light-emitting layer of organic compound layer (117B), id.) over the second layer (hole transport layer of organic compound layer (117B)); removing the second layer (hole transport layer of organic compound layer (117B)) and the second light-emitting layer (light emitting layer of organic compound layer (117B)) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) by a photoetching method; and forming an insulating film (114G, 114B) in contact with a side surface of the first light-emitting layer (light emitting layer of organic compound layer (117G)), a side surface of the first layer (hole transport layer of organic compound layer (117G)), a side surface of the second light-emitting layer (light emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)). Id. ¶¶ 45-124. Note: the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers and first and second layers. To the extent that the claim is interpreted to require the insulating film to be a single insulating film, then in the alternative, the rejection relies on the following: forming an insulating film (114B) in (indirect) contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)) and a side surface of the first layer (hole transport layer of organic compound layer (117G)), and in (direct) contact with a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)).
Regarding claim 26: Kato Figures 1-18 disclose a method for manufacturing a display panel, the method comprising the steps of: forming a first electrode (118G) and a second electrode (118B); forming a partition (119) between the first electrode (118G) and the second electrode (118B); forming a first light-emitting layer (light emitting layer of organic compound layer (117G)) over the first electrode (118G) and the second electrode (118B); removing the first light-emitting layer (light emitting layer of organic compound layer (117G)) over the second electrode (118B) by a photoetching method; forming a second layer (hole transport layer of organic compound layer (117B), Kato specification ¶ 57) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) and the second electrode (118B); forming a second light-emitting layer (light emitting layer of organic compound layer (117B), id.) over the second layer (hole transport layer of organic compound layer (117B)); removing the second layer (hole transport layer of organic compound layer (117B)) and the second light-emitting layer (light emitting layer of organic compound layer (117B)) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) by a photoetching method; and forming an insulating film (114G, 114B) in contact with a side surface of the first light-emitting layer (light emitting layer of organic compound layer (117G)) and a side surface of the second light-emitting layer (light emitting layer of organic compound layer (117B)). Id. ¶¶ 45-124. Note: the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers. To the extent that the claim is interpreted to require the insulating film to be a single insulating film, then in the alternative, the rejection relies on the following: forming an insulating film (114B) in (indirect) contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)), and in (direct) contact with a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)).
Regarding claim 27: Kato Figures 1-18 disclose a method for manufacturing a display panel, the method comprising the steps of: forming a first electrode (118G) and a second electrode (118B); forming a partition (119) between the first electrode (118G) and the second electrode (118B); forming a first layer (hole transport layer of organic compound layer (117G), Kato specification ¶ 57) over the first electrode (118G) and the second electrode (118B); forming a first light-emitting layer (light emitting layer of organic compound layer (117G), id.) over the first layer (hole transport layer of organic compound layer (117G)); removing the first layer (hole transport layer of organic compound layer (117G)) and the first light-emitting layer (light emitting layer of organic compound layer (117G)) over the second electrode (118B) by a photoetching method; forming a second layer (hole transport layer of organic compound layer (117B), id.) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) and the second electrode (118B); forming a second light-emitting layer (light emitting layer of organic compound layer (117B), id.) over the second layer (hole transport layer of organic compound layer (117B)); removing the second layer (hole transport layer of organic compound layer (117B)) and the second light-emitting layer (light emitting layer of organic compound layer (117B)) over the first light-emitting layer (light emitting layer of organic compound layer (117G)) by a photoetching method; and forming an insulating film (114G, 114B) in contact with a side surface of the first light-emitting layer (light emitting layer of organic compound layer (117G)), a side surface of the first layer (hole transport layer of organic compound layer (117G)), a side surface of the second light-emitting layer (light emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)). Id. ¶¶ 45-124. Note: the method does not require that the insulating film (114G, 114B) be formed simultaneously over the first and second light-emitting layers and first and second layers. To the extent that the claim is interpreted to require the insulating film to be a single insulating film, then in the alternative, the rejection relies on the following: forming an insulating film (114B) in (indirect) contact with a side surface of the first light-emitting layer (light-emitting layer of organic compound layer (117G)) and a side surface of the first layer (hole transport layer of organic compound layer (117G)), and in (direct) contact with a side surface of the second light-emitting layer (light-emitting layer of organic compound layer (117B)), and a side surface of the second layer (hole transport layer of organic compound layer (117B)).
Regarding claim 33, which depends from claim 14: Kato discloses wherein the insulating film is formed by at least one of a sputtering method, a chemical vapor deposition method, a molecular beam epitaxy method, and an atomic layer deposition method. Id. ¶¶ 75, 98.
Regarding claim 34, which depends from claim 24: Kato discloses wherein the insulating film is formed by at least one of a sputtering method, a chemical vapor deposition method, a molecular beam epitaxy method, and an atomic layer deposition method. Id.
Regarding claim 35, which depends from claim 25: Kato discloses wherein the insulating film is formed by at least one of a sputtering method, a chemical vapor deposition method, a molecular beam epitaxy method, and an atomic layer deposition method. Id.
Regarding claim 36, which depends from claim 26: Kato discloses wherein the insulating film is formed by at least one of a sputtering method, a chemical vapor deposition method, a molecular beam epitaxy method, and an atomic layer deposition method. Id.
Regarding claim 37, which depends from claim 27: Kato discloses wherein the insulating film is formed by at least one of a sputtering method, a chemical vapor deposition method, a molecular beam epitaxy method, and an atomic layer deposition method. Id.
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.
Claims 28-32 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kato.
Regarding claim 28, which depends from claim 14: Kato discloses wherein the insulating film (114G, 114B) includes a first insulating film and a second insulating film over the first insulating film, wherein the first insulating film includes at least one of aluminum oxide and magnesium oxide, and wherein the second insulating film includes silicon nitride. Id. ¶¶ 69-79, 97-100, 105-109, 116-120. Specifically, Kao discloses that insulating films (114G, 114B) may include AlO, TiO, SiN, SiON, and SiO, and may be one or more of these films. Id. ¶ 77. In describing the deposition of insulating film (114G), Kato discloses that insulating film (114G) may be formed of AlO by an ALD method, or TiO by ALD, or SiN, SiO, or SiON by a CVD method. Id. ¶ 98. Thus, a combination of a first insulating film of AlO followed by a second insulating film of SiN is disclosed by Kato. To the extent that Kato does not disclose this arrangement, one of ordinary skill in the art at a time before the effective filing date would be motivated to modify Kato to include a 2-layer insulating film of AlO and SiN because Kato discloses that these films may be used together.
Regarding claim 29, which depends from claim 24: Kato discloses wherein the insulating film (114G, 114B) includes a first insulating film and a second insulating film over the first insulating film, wherein the first insulating film includes at least one of aluminum oxide and magnesium oxide, and wherein the second insulating film includes silicon nitride. Id. The Office incorporates the discussion about the insulating films from the rejection of claim 28.
Regarding claim 30, which depends from claim 25: Kato discloses wherein the insulating film (114G, 114B) includes a first insulating film and a second insulating film over the first insulating film, wherein the first insulating film includes at least one of aluminum oxide and magnesium oxide, and wherein the second insulating film includes silicon nitride. Id. The Office incorporates the discussion about the insulating films from the rejection of claim 28.
Regarding claim 31, which depends from claim 26: Kato discloses wherein the insulating film (114G, 114B) includes a first insulating film and a second insulating film over the first insulating film, wherein the first insulating film includes at least one of aluminum oxide and magnesium oxide, and wherein the second insulating film includes silicon nitride. Id. The Office incorporates the discussion about the insulating films from the rejection of claim 28.
Regarding claim 32, which depends from claim 27: Kato discloses wherein the insulating film (114G, 114B) includes a first insulating film and a second insulating film over the first insulating film, wherein the first insulating film includes at least one of aluminum oxide and magnesium oxide, and wherein the second insulating film includes silicon nitride. Id. The Office incorporates the discussion about the insulating films from the rejection of claim 28.
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 VICTORIA KATHLEEN HALL whose telephone number is (571)270-7567. The examiner can normally be reached Monday-Friday, 8 a.m.-5 p.m.
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/Victoria K. Hall/Primary Examiner, Art Unit 2897
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