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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS has been considered to the extent possible due to the excessive number of references.
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.
Claim 58 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.
Regarding claim 58, claim 58 starts with “ctric material…”. It is unclear from which claim claim 58 depends nor, as it seems a few word were cut off, is clear what the scope of the claim is. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 46-52, 55, 57, 60, 61, 69, 78, 79, 82 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 12, 14, 20, 22-25, 29 and 30 of copending Application No. 18030984 (hereinafter ‘984 App) (Published as US 2023/0413649). Although the claims at issue are not identical, they are not patentably distinct from each other. The Examiner notes that the ‘984 App has been allowed by the USPTO but a patent has not yet been issued. The provisional rejection here will convert to a non-provisional rejection upon issuance of the patent for the ‘984 App.
Current Application
Claim 46. An opto-electronic device having a plurality of layers deposited on a substrate and extending in at least one lateral aspect defined by a lateral axis thereof, comprising: a patterning coating disposed on a first layer surface, in a first portion of the lateral aspect comprising at least an emissive region of the device; and at least one EM radiation-absorbing layer deposited on a second layer surface in a second portion of the lateral aspect, and comprising a discontinuous layer of at least one particle structure comprising a deposited material; wherein the patterning coating is substantially devoid of a closed coating of the deposited material; and the at least one particle structure of the at least one EM radiation-absorbing layer facilitates absorption of EM radiation incident thereon.
‘984 App
Claim 1. A semiconductor device having a plurality of layers deposited on a substrate and extending in at least one lateral aspect defined by a lateral axis thereof, comprising: at least one low(er)-index coating disposed on a first layer surface; at least one electromagnetic (EM) radiation-modifying layer embedded within the at least one low(er)-index coating and comprising at least one particle structure comprising a deposited material; wherein embedding the at least one particle structure of the at least one EM radiation- modifying layer within the at least one low(er)-index coating modifies an absorption spectrum of the at least one EM radiation-modifying layer for EM radiation passing at least partially therethrough at a non-zero angle relative to the lateral aspect therein in at least a part of an EM spectrum.
Claim 12. The device of claim 1, wherein the EM radiation-modifying layer comprises a discontinuous layer of the at least one particle cluster.
Claim 30. The device of claim 1, further comprising a patterning coating disposed on a second layer surface, wherein: the first layer surface is an exposed layer surface of the patterning coating; an initial sticking probability against deposition of the deposited material on a surface of the patterning coating is substantially less than at least one of: 0.3 and the initial sticking probability against deposition of the deposited material on the second layer surface, such that the patterning coating is substantially devoid of a closed coating of the deposited material.
Claim 47 of the current application is anticipated by claim 22 of the ‘984 App.
Claim 48 of the current application is anticipated by claim 12 of the ‘984 App.
Claim 49 of the current application is anticipated by claim 25 of the ‘984 App.
Claim 50 of the current application is anticipated by claim 29 of the ‘984 App.
Claim 51 of the current application is anticipated by claim 29 of the ‘984 App.
Claim 52 of the current application is anticipated by claim 13 of the ‘984 App.
Claim 55 of the current application is anticipated by claim 24 of the ‘984 App.
Claim 57 of the current application is anticipated by claim 30 of the ‘984 App.
Claim 60 of the current application is anticipated by claim 29 of the ‘984 App.
Claim 61 of the current application is anticipated by claim 30 of the ‘984 App.
Claim 69 of the current application is anticipated by claim 14 of the ‘984 App.
Claim 78 of the current application is anticipated by claim 20 of the ‘984 App.
Claim 79 of the current application is anticipated by claim 11 of the ‘984 App.
Claim 82 of the current application is anticipated by claim 30 of the ‘984 App.
Claims 46, 47, 49-52, 55, 57, 60, 61, 78, 79 and 82 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 10 of copending Application No. 17767858 (hereinafter ‘858 App) (Published as US 2023/0216209). Although the claims at issue are not identical, they are not patentably distinct from each other. The Examiner notes that the ‘858 App has been allowed by the USPTO but a patent has not yet been issued. The provisional rejection here will convert to a non-provisional rejection upon issuance of the patent for the ‘858 App.
Current Application
Claim 46. An opto-electronic device having a plurality of layers deposited on a substrate and extending in at least one lateral aspect defined by a lateral axis thereof, comprising: a patterning coating disposed on a first layer surface, in a first portion of the lateral aspect comprising at least an emissive region of the device; and at least one EM radiation-absorbing layer deposited on a second layer surface in a second portion of the lateral aspect, and comprising a discontinuous layer of at least one particle structure comprising a deposited material; wherein the patterning coating is substantially devoid of a closed coating of the deposited material; and the at least one particle structure of the at least one EM radiation-absorbing layer facilitates absorption of EM radiation incident thereon.
‘858 App
Claim 1. A semiconductor device having a plurality of layers deposited on a substrate and extending in at least one lateral aspect defined by a lateral axis thereof, comprising: at least one electromagnetic (EM) radiation-absorbing layer deposited on a first layer surface and comprising a discontinuous layer of at least one particle structure comprising a deposited material; wherein the at least one particle structure of the at least one EM radiation-absorbing layer facilitates absorption of EM radiation therein in at least a part of at least one of a visible spectrum and an ultraviolet (UV) spectrum while substantially allowing transmission of EM radiation therein in at least a part of at least one of an infrared (IR) spectrum and a near infrared (NIR) spectrum.
Claim 10. The device of claim 1, further comprising a patterning coating disposed on a second layer surface, wherein:the first layer surface is an exposed layer surface of the patterning coating; an initial sticking probability against deposition of the deposited material on a surface of the patterning coating is substantially less than at least one of: 0.3 and the initial sticking probability against deposition of the deposited material on the second layer surface, such that the patterning coating is substantially devoid of a closed coating of the deposited material.
Claim 47 of the current application is anticipated by claim 2 of the ‘858 App.
Claim 49 of the current application is anticipated by claim 5 of the ‘858 App.
Claim 50 of the current application is anticipated by claim 9 of the ‘858 App.
Claim 51 of the current application is anticipated by claim 9 of the ‘858 App.
Claim 52 of the current application is anticipated by claim 3 of the ‘858 App.
Claim 55 of the current application is anticipated by claim 4 of the ‘858 App.
Claim 57 of the current application is anticipated by claim 10 of the ‘858 App.
Claim 60 of the current application is anticipated by claim 9 of the ‘858 App.
Claim 61 of the current application is anticipated by claim 10 of the ‘858 App.
Claim 78 of the current application is anticipated by claim 1 of the ‘858 App.
Claim 79 of the current application is anticipated by claim 1 of the ‘858 App.
Claim 82 of the current application is anticipated by claim 10 of the ‘858 App.
Claims 83, 85, 88-90 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 15 of copending Application No. 18468641 (hereinafter ‘641 App) (Published as US 2024/0065082). Although the claims at issue are not identical, they are not patentably distinct from each other.
Current application
Claim 83. A method for manufacturing an opto-electronic device having a plurality of layers that facilitates absorption of EM radiation incident thereon, the method comprising actions of: disposing a patterning coating on a first layer surface in a first portion of the lateral aspect; depositing at least one EM radiation-absorbing layer on a second layer surface in a second portion of the lateral aspect, and comprising at discontinuous layer of at least one particle structure comprising a deposited material; wherein: the at least one particle structure is deposited on a second layer surface in a second portion of the lateral aspect that is substantially devoid of the patterning material; and the at least one EM radiation-absorbing layer facilitates absorption of EM radiation incident thereon.
‘641 App
Claim 14. A method for manufacturing an opto-electronic device having a plurality of layers deposited on a substrate an extending in at least one lateral aspect defined by a lateral axis thereof, comprising actions of:providing a patterning coating on a first layer surface, in a first portion of the lateral aspect, comprising at least one emissive region of the device, the at least one emissive region comprising: a first electrode; a second electrode; at least one semiconducting layer disposed between the first electrode and the second electrode, the first electrode being disposed between the substrate and the at least one semiconducting layer; disposing a supporting dielectric layer on an exposed layer surface of the second electrode and beyond the first portion into a second portion of the lateral aspect, wherein the first layer surface is an exposed layer surface of the supporting dielectric layer; and depositing a discontinuous layer of at least one particle structure comprising a deposited material on a second layer surface in the second portion, wherein the second layer surface is an exposed layer surface of the supporting dielectric layer; wherein: an initial sticking probability against deposition of the deposited material on a surface of the patterning coating is substantially less than an initial sticking probability against deposition of the deposited material onto the first layer surface, such that the patterning coating is substantially devoid of a closed coating of the deposited material; and the discontinuous layer of the at least one particle structure deposited on the supporting dielectric layer comprises an EM radiation-absorbing layer that facilitates absorption of EM radiation incident thereon.
Claim 15. The method of claim 14, wherein the action of depositing comprises an action of: exposing an exposed layer surface of the device to the deposited material such that the at least one particle structure is formed in the second portion.
Claim 85 of the current application is anticipated by claim 15 of the ‘641 App.
Claim 88 of the current application is anticipated by claim 16 of the ‘641 App.
Claim 89 of the current application is anticipated by claim 14 of the ‘641 App.
Claim 90 of the current application is anticipated by claim 17 of the ‘641 App.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 53,54, 56, 59, 62-68, 70-77, 80, 81, 84, 86 and 87 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have the features of the dependent claims along with the features of respective independent claims 46 and 83.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC K ASHBAHIAN whose telephone number is (571)270-5187. The examiner can normally be reached 8-5:30 PM.
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/ERIC K ASHBAHIAN/Primary Examiner, Art Unit 2891