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 .
Allowable Subject Matter
Claims 1-14 are allowable for the reasons given in the previous action.
Response to Amendment
New claims 21-25 drawn to a method of producing a light-emitting device using an ink having the identical composition as the ink of allowed claim 1 are being entered and fully examined for patentability under 37 CFR 1.104, pursuant to the procedures set forth in MPEP § 821.04(b).
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 21-25 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.
The newly claimed process of forming a first electrode, forming a second electrode facing the first electrode and forming an interlayer between the first electrode and the second electrode is not disclosed in the originally filed disclosure and thus is new matter.
The originally filed disclosure teaches producing a light-emitting device having the structure of a first electrode, a second electrode facing the first electrode and forming an interlayer between the first electrode and the second electrode produced by the process of forming a first electrode (para 56) and then forming the interlay (para 211-214). While the disclosure does not explicitly teach forming the second electrode on the interlayer, this step is implicitly taught since it is clear from the disclosure that the second electrode is present on the interlayer of the device and therefore, it clearly must have been formed by any known and conventional method of producing electrodes in the light-emitting device art. This disclosed process is different from that newly claimed method since the claimed method requires forming the second electrode before the interlayer is formed. The dependent claims implicitly include all the steps of claim 21 and therefore also include new matter.
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 21-25 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.
These claims are directed to a process for producing a light-emitting device comprising forming a first electrode, forming a second electrode facing the first electrode and forming an interlayer between the first electrode and the second electrode. This process is indefinite since it is unclear how the interlayer is formed between the already formed first and second electrodes. The process is also indefinite since the plain meaning of claimed process requires the second electrode to be formed on the first electrode since there is nothing else set forth in the claimed processing order upon which the second electrode can be formed. The limitations of the dependent claims implicitly include all the steps of claim 21 and therefore also indefinite.
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 C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
/C. MELISSA KOSLOW/
Primary Examiner
Art Unit 1734