DETAILED ACTION
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10, 12, 13, 15, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohan (2014/0057390).
Mohan teaches that OLEDs are useful for forming displays and other devices [0003]. The teachings further include that organic jet printing (OVJP) is useful to form such displays [0004] and that OVJP is useful for forming materials on the substrate are controllable to the FWHM by the diameter of the nozzle [0081] – and that such nozzles are on the 1-5 micron scale, for example [0098-100], therefore teaching such pixels in such displays as claimed. The further requirements of the nozzle and method of forming, as previously noted, are not relevant as per product by product.
Regarding claims 12, 13, 15, 19 and 20 , the limitations are further definitions of the process used to form the display rather than product limitations of the display and therefore are not patentable over the display of Mohan.
Regarding claim 17, the claimed range is anticipated by Schtein; as per MPEP 2131.03 a prior art reference anticipates the range if the prior art range teaches the claimed range with sufficient specificity.
Claims 10, 12, 13, 15, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shtein (7,431,968).
Schtein teaches displays formed from OLEDs (background) and that pixel size of about 1 micron is achievable with deposition nozzles, particularly col 2, lines 60-68 and col 3, line 65 – col 4, line 6. The further requirements of the nozzle and method of forming, as previously noted, are not relevant as per product by product.
Regarding claims 12, 13, 15, 19 and 20 , the limitations are further definitions of the process used to form the display rather than product limitations of the display and therefore are not patentable over the display of Shtein.
Regarding claim 17, the claimed range is anticipated by Schtein.
Response to Arguments
Applicant’s arguments with respect to instant claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The arguments are largely drawn to the method of forming the product – while the product itself is claimed. The MPEP citation to Product-by-Process includes that the method of forming a product is immaterial to product claims. The teachings of Mohan and Shtein teach the claimed product.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH A MILLER, JR whose telephone number is (571)270-5825. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application is assigned is 571-273-8300.
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/JOSEPH A MILLER, JR/Primary Examiner, Art Unit 1715
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