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 .
Specification
The title of the invention introduces new matter since “Patterning Light-Emitting Layer In Lighting” was not described in the specification of the instant application. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the amended limitation “forming a sacrificial layer over the light-emitting layer under the lighting; processing at least the light-emitting layer into an island shape by a lithography method under the lighting; and forming a second electrode over the light-emitting layer under the lighting” introduces new matter into claim since the amended limitation was not described in the specification of the instant application with reasons as follow:
First, Applicant states that support for the amended limitation is in paragraphs 38-44 (Remarks, page 1). However, paragraphs 38-44 (or any other section in the specification of the instant application) do not explicitly describe/teach that the step of holding the substrate in lighting of a light source (i.e., “holding the substate in lighting of a light source….in the absorption spectra of the organic compounds”) is continued during the steps of forming a sacrificial layer over the light-emitting layer, processing at least the light-emitting layer into an island shape by a lithography method, and forming a second electrode over the light-emitting layer [underlying for clarity].
Second, on the contrary to the amended limitation, the specification is rather directed to the step of “holding the substrate in light of a light source” to be a distinct step that is performed during the substrate holding step (including transfer between manufacturing apparatuses and storage of the substrate), but not during the sacrificial layer formation step, patterning step of the light-emitting layer, and the second electrode formation step (See Fig. 2 and paragraph 50 and Fig. 6C and paragraphs 142-145) [underlying for clarity]. Accordingly, with reasons as discussed above, the amended limitation in claim 1 introduces new matter.
Claims 7 and 12, amending similar to claim 1, are also rejected with the similar reason for rejecting claim 1 as discussed above. Newly submitted claim 19 reciting “wherein the light-emitting layer is formed under the lighting” is also rejected with the similar reason for rejecting claim 1 as discussed above. Furthermore, claims 2-5, 8-11, and 13-19, which depend from claim 1, 7, or 12, are also rejected by virtue of their dependencies.
Response to Arguments
Applicant’s arguments with respect to amended and newly submitted claims have been considered but are moot in view of new ground of rejection as set forth above in this Office Action.
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 DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached on (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL WHALEN/Primary Examiner, Art Unit 2893
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