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 .
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive. After further consideration using BRI, Lim discloses:
an encapsulation substrate 211/212 provided on the encapsulation layer, wherein the encapsulation substrate includes a first portion 212a including metal material (Cr – par [0071]) or a second portion 212d including a magnetic member (Cr – par [0071] and Cr is a magnetic member) and a third portion (212b/c) including a plurality of hydrogen absorbing members (each of 212b and 212c forms members and par [0071] Cr which may absorb hydrogen per applicant’s specification), and wherein the first portion 212a or the second portion 212d is located between the plurality of hydrogen absorbing members (212b/c), and a part of the first portion including the metal material or a part of the second portion including the magnetic member directly contacts the encapsulation layer 200.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LIM et al. 20160035795.
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Regarding claim 15, fig. 2 of Lim discloses an organic light emitting display apparatus comprising:
a substrate 100;
a pixel array layer 110 provided on the substrate, the pixel array layer including an oxide thin film transistor (par [0045] - oxide semiconductor) and a light emitting diode;
an encapsulation layer 200 covering the pixel array layer; and
an encapsulation substrate 211/212 provided on the encapsulation layer, wherein the encapsulation substrate includes a first portion 212a including metal material (Cr – par [0071]) or a second portion 212d including a magnetic member (Cr – par [0071] and Cr is a magnetic member) and a third portion (212b/c) including a plurality of hydrogen absorbing members (each of 212b and 212c forms members and par [0071] Cr which may absorb hydrogen per applicant’s specification),
some of the plurality of hydrogen absorbing members (212b and 212c) overlaps with the light emitting diode of the pixel array layer (as labeled by examiner above),
wherein the first portion 212a or the second portion 212d is located between the plurality of hydrogen absorbing members (212b/c), and a part of the first portion including the metal material or a part of the second portion including the magnetic member directly contacts the encapsulation layer 200,
wherein the light emitting diode includes a first electrode 111, a light emitting layer 113, and a second electrode 112, wherein the light emitting layer covers a bank 109,
wherein the bank 109 insulates each of first electrodes 111,
wherein the second electrode112 cover the light emitting layer, and
wherein the bank 109 cover at least a portion of the first electrode.
Regarding claim 16, par [0032] of Lim discloses wherein the encapsulation substrate is made of a metal having a high heat conductivity, and the encapsulation substrate includes stainless steel SUS.
Regarding claim 17, par [0071] of Lim discloses wherein the second portion includes at least one of Fe, Ni, and the third portion includes Cr (par [0070] - 212 is formed of Cr).
Regarding claim 18, fig. 2 of Lim discloses wherein the second portion and the third portion have a shape in sectional view of at least one of a rectangle, a square, a semicircle, a triangle, a rhombus, a trapezoid or a combination thereof.
Regarding claim 19, it would have been necessary the case that fig. 2 of Lim discloses wherein the second portion and the third portion are inserted in the encapsulation substrate 200 and formed in a line pattern in plan view parallel with at least one of four sides of the encapsulation substrate.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lim.
Regarding 20, fig. 2 of Lim discloses wherein the second portion and the third portion are inserted in the encapsulation substrate.
Lim does not disclose formed in a cuboid pattern having one surface with a first length, the first length less than a second length of the at least one of four sides of the encapsulation substrate.
However, the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
As such it would have been obvious to form a device Lim comprising a cuboid pattern having one surface with a first length, the first length less than a second length of the at least one of four sides of the encapsulation substrate in order to meeting applicant shape design.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VONGSAVANH SENGDARA whose telephone number is (571)270-5770. The examiner can normally be reached Max flex.
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/VONGSAVANH SENGDARA/ Primary Examiner, Art Unit 2829
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