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 .
Election/Restrictions
Applicant’s election of Group I (Claims 1-27 and 33-41) in the reply filed on 12/08/2025 is acknowledged. As the election was made without indicating with or without traverse, and no arguments were made by the Applicant, the election is treated by the Examiner as being made without traverse.
Claims 28-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made in the reply filed on 12/08/2025 As the election was made without indicating with or without traverse, and no arguments were made by the Applicant, the election is treated by the Examiner as being made without traverse.
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 1, 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,501,783 hereinafter “783 Patent” in view of Choung et al. (US 11,476,313) hereinafter “Choung”.
Pending Application
1. A display device, comprising: an auxiliary pixel defining layer, that includes a first opening and a second opening formed above the first opening; an inorganic protective layer disposed on the auxiliary pixel defining layer and that includes a third opening formed above the second opening; a pixel defining layer disposed on the inorganic protective layer and that includes a fourth opening formed above the third opening; a light-emitting element; an auxiliary electrode layer that covers the pixel defining layer and the light-emitting element; and an inorganic layer disposed on the auxiliary electrode layer and that overlaps the pixel defining layer and the light-emitting element.
783 Patent
1. A display device comprising: a base layer; a circuit layer disposed on the base layer; a pixel definition layer which is disposed on the circuit layer and includes an inorganic protective layer and an organic layer disposed on the inorganic protective layer, and in which a first opening adjacent to the circuit layer and exposing the inorganic protective layer and a second opening exposing the organic layer on the first opening are defined; a light-emitting element including a first electrode disposed on the circuit layer, a functional layer disposed on the first electrode, and a second electrode disposed on the functional layer; and an encapsulation layer disposed on the light-emitting element, the encapsulation layer including: an auxiliary electrode layer which covers the light-emitting element disposed in the first opening, the inorganic protective layer exposed by the first opening, and the organic layer disposed on the inorganic protective layer; an encapsulation organic film disposed on the auxiliary electrode layer; and an upper inorganic film disposed on the encapsulation organic film.
Claim 1 of the 783 Patent does not teach an auxiliary pixel defining layer, that includes a first opening and a second opening formed above the first opening such that the inorganic protective layer is disposed on the auxiliary pixel defining layer.
Fig. 1B of Choung teaches a pixel defining structure comprising a pixel defining layer (Item 110), including an inorganic protective layer (Item 110A) and an upper pixel defining layer (Item 110A), and an auxiliary pixel defining layer (Item 126) where the auxiliary pixel defining layer (Item 126) has a first opening (defined by the width of Item 104) and a second opening (defined by the width of the bottom horizontal portion of Item 112).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an auxiliary pixel defining layer which includes a first opening and a second opening because this allows the auxiliary pixel defining layer to define the area of the subpixel (Chuong Column 8, Lines 9-11).
Claim 14 of the current application is anticipated by claim 2 of the 783 Patent.
Claim 15 of the current application is anticipated by claim 3 of the 783 Patent.
Claim 16 of the current application is anticipated by claim 16 of the 783 Patent.
Examiner’s Note: The Examiner notes that while claim 16 of the 783 Patent does not recite the specific characteristics of the inorganic layer, claim 16 of the 783 Patent recites that the inorganic layer is silicon nitride which inherently has the characteristics recited in claim 16 of the current application.
Claim 17 of the current application is anticipated by claim 16 of the 783 Patent.
Claims 18- 20, 22, 23 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,501,783 hereinafter “783 Patent” in view of Choung et al. (US 11,476,313) hereinafter “Choung” and in further view of Kwon et al. (US 2021/0089166) hereinafter “Kwon”.
Regarding claim 18, the combination of claim 1 of the 783 Patent and Chuong teaches all of the elements of the claimed invention as stated above except a sensor layer disposed on the inorganic layer; and a filling layer disposed between the inorganic layer and the sensor layer.
Fig. 6 of Kwon teaches a display panel (Item 200 without Item 250), a sensor layer (Item 100) disposed on the display layer and a filling layer (Item 250) disposed between the display layer and the sensor layer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a sensor layer disposed on the inorganic layer; and a filling layer disposed between the inorganic layer and the sensor layer because the sensor layer allows for the inclusion of a touch sensor in the display (Kwon Paragraph 0045) and the inclusion of the filling layer acts as an encapsulation layer for the display panel (Kwon Paragraph 0122).
Regarding claim 19, the combination of claim 1 of the 783 Patent, Chuong and Kwon teaches all of the elements of the claimed invention as stated above except where the filling layer fills the second to fourth opening.
Fig. 1B of Chuong further teaches where a filling layer (Item 118a) fills the openings formed by an inorganic protective layer and a pixel defining layer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the filling layer fill the second to fourth opening because the filling layer acts as an encapsulation layer (Chuong Column 7, Lines 26-28).
Pending Application
20. A display device, comprising: a display layer; a sensor layer disposed on the display layer; and a filling layer disposed between the display layer and the sensor layer, wherein the display layer includes :a circuit layer; an auxiliary pixel defining layer, wherein the auxiliary pixel defining layer includes a first portion disposed directly on the circuit layer and a first opening, and a second portion disposed on the first portion, wherein the second portion is spaced apart from the circuit layer in a thickness direction and includes a second opening; an inorganic protective layer disposed on the auxiliary pixel defining layer and that includes a third opening; a pixel defining layer disposed on the inorganic protective layer and that includes a fourth opening; an auxiliary electrode layer that covers the pixel defining layer; and an inorganic layer disposed on the auxiliary electrode layer and that overlaps the pixel defining layer.
783 Patent
1. A display device comprising: a base layer; a circuit layer disposed on the base layer; a pixel definition layer which is disposed on the circuit layer and includes an inorganic protective layer and an organic layer disposed on the inorganic protective layer, and in which an opening is defined, the pixel definition layer comprising: a first portion directly disposed on the circuit layer; a second portion which is spaced apart in a thickness direction in the circuit layer and disposed on one side of the first portion, and in which an upper opening exposing the inorganic protective layer and the organic layer; and a third portion disposed between the first portion and the second portion, and having a lower opening exposing the inorganic protective layer; a light-emitting element including a first electrode disposed on the circuit layer, a functional layer disposed on the first electrode, and a second electrode disposed on the functional layer; and an encapsulation layer disposed on the light-emitting element, the encapsulation layer comprising: an auxiliary electrode layer which covers the light-emitting element disposed in the lower opening, the inorganic protective layer exposed in the lower opening, and the light-emitting element disposed in the upper opening; an encapsulation organic film disposed on the auxiliary electrode layer; and an upper inorganic film disposed on the encapsulation organic film.
Claim 1 of the 783 Patent does not teach an auxiliary pixel defining layer, wherein the auxiliary pixel defining layer includes a first portion disposed directly on the circuit layer and a first opening, and a second portion disposed on the first portion, wherein the second portion is spaced apart from the circuit layer in a thickness direction and includes a second opening.
Fig. 1B of Choung teaches a pixel defining structure comprising a pixel defining layer (Item 110), including an inorganic protective layer (Item 110A) and an upper pixel defining layer (Item 110A), and an auxiliary pixel defining layer (Item 126) where the auxiliary pixel defining layer (Item 126) has a first opening (defined by the width of Item 104) and a second opening (defined by the width of the bottom horizontal portion of Item 112).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an auxiliary pixel defining layer, wherein the auxiliary pixel defining layer includes a first portion disposed directly on the circuit layer and a first opening, and a second portion disposed on the first portion, wherein the second portion is spaced apart from the circuit layer in a thickness direction and includes a second opening because this allows the auxiliary pixel defining layer to define the area of the subpixel (Chuong Column 8, Lines 9-11).
Claim 1 of the 783 Patent does not teach a sensor layer disposed on the display layer; and a filling layer disposed between the display layer and the sensor layer.
Fig. 6 of Kwon teaches a display panel (Item 200 without Item 250), a sensor layer (Item 100) disposed on the display layer and a filling layer (Item 250) disposed between the display layer and the sensor layer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a sensor layer disposed on the display layer; and a filling layer disposed between the display layer and the sensor layer because the sensor layer allows for the inclusion of a touch sensor in the display (Kwon Paragraph 0045) and the inclusion of the filling layer acts as an encapsulation layer for the display panel (Kwon Paragraph 0122).
Claim 22 of the current application is anticipated by claim 2 of the 783 Patent.
Claim 23 of the current application is anticipated by claim 16 of the 783 Patent.
Examiner’s Note: The Examiner notes that while claim 16 of the 783 Patent does not recite the specific characteristics of the inorganic layer, claim 16 of the 783 Patent recites that the inorganic layer is silicon nitride which inherently has the characteristics recited in claim 23 of the current application.
Claim 26 of the current application is anticipated by claim 1 of the 783 Patent.
Allowable Subject Matter
Claims 33-41 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 33, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have an auxiliary pixel defining layer, a pixel defining layer and an inorganic protective layer disposed between the auxiliary pixel defining layer and the pixel defining layer; where the sensor layer comprises a sensing base layer, a first conductive layer disposed on the sensing base layer, a second conductive layer disposed on the first conductive layer, and a sensing insulating layer disposed between the first conductive layer and the second conductive layer, and wherein, in the active region, a total surface area of the inorganic layer and a total surface area of the sensing base layer are different along with all of the other limitations of claim 33.
Claims 34-41 are also allowable as they depend from and include all of the limitations of claim 33.
Claims 2-13, 21, 24, 25 and 27 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.
Regarding claim 2, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have a base layer; and a circuit layer disposed on the base layer; wherein the auxiliary pixel defining layer and the light-emitting element are disposed on the circuit layer and the first opening is adjacent to the circuit layer, and wherein in a cross section perpendicular to the base layer, a width of the first opening is greater than a width of the second opening, the width of the second opening is greater than a width of the third opening, and a width of the fourth opening is greater than the width of the third opening along with all of the other limitations of claim 1.
Claims 3-13 also contain allowable subject matter as they depend from and include all of the limitations of claim 2.
Regarding claim 21, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have a first stepped portion defined by the first portion and the second portion; and a second stepped portion defined by the second portion and the third portion along with all of the other limitations of claim 20.
Regarding claim 24, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have an auxiliary layer disposed on the inorganic layer, wherein the auxiliary layer includes a hydrophilic portion adjacent to the inorganic layer and a hydrophobic portion spaced apart from the inorganic layer along with all of the other limitations of claim 20.
Regarding claim 25, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have the sensor layer comprise a sensing base layer, a first conductive layer disposed on the sensing base layer, a second conductive layer disposed on the first conductive layer, and a sensing insulating layer disposed between the first conductive layer and the second conductive layer along with all of the other limitations of claim 20.
Regarding claim 27, the prior art of record fails to teach, suggest or motivate one having ordinary skill in the art to have the filling layer does not overlap at least a portion of the pixel defining layer along with all of the other limitations of claim 20.
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