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 .
Claim Rejections - 35 USC § 103
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(s) 1-4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20110043464 (Lee et al) in view of US 20210005669 (Kamada et al) and US 20130075761 (Akiyama).
Considering claim 1, Lee discloses a display device comprising (Figs. 2-4): a light-emitting element (P) (Fig. 4), (Fig. 4); and a light-receiving element (S) (Fig. 4), wherein the light-emitting element comprises (Fig. 3): a first pixel electrode (31): a first light-emitting layer (35) over the first pixel electrode:. . . a common layer (36 +37) over the second light-emitting layer ([0049]); and a common electrode (38) over the common layer ([0048]), wherein the light-receiving element comprises: a second pixel electrode (41) ([0054]): a light-receiving layer (45) over the second pixel electrode (Fig. 4 and [0054]): the common layer (36+37) over the light-receiving layer (Fig. 4); and the common electrode (38) over the common layer (Fig. 4), wherein in the light-emitting element, the common layer (36) is configured to serve as a function of one of a hole-injection layer and an electron-injection layer ([0049]) and wherein in the light-receiving element, the common layer (37) is configured to serve as the of one of a hole-transport layer and an electron-transport layer ([0049]).
Lee does not disclose an intermediate layer over the first light-emitting layer: a second light-emitting layer over the intermediate layer, and a first insulating layer in contact with a side surface of the first light-emitting layer, a side surface of the intermediate layer, a side surface of the second light-emitting layer, and a side surface of the common electrode and a second insulating layer in contact with a side surface of the light-receiving layer and a side surface of the common electrode. However, Kamada discloses a display device that includes a light receiving element with an anode (101), a first light emitting layer (103a), an intermediate layer (104), a second light emitting layer (103b), and the cathode (102). The light-emitting device in FIG. 18B has a tandem structure including the charge generation layer between the two light emitting layers ([0329]). The light emitting material is disclosed as contains a light-emitting substance that can contain one or more kinds of light-emitting substances such as one that emits infrared light can be used as the light-emitting substance ([0284]). Kamada discloses that the tandem light-emitting device makes it possible for the light-emitting device as a whole to obtain light emission of an intended color ([0332]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light emitting element of Lee to include an intermediate layer in order to form a tandem light emitting structure that obtains light emission of an intended color as disclosed by Kamada.
Additionally, Akiyama discloses a configuration (Fig. 3 and [0050]-[0052]) in which a first insulating layer (202) is in contact with a side surface of the light-emitting element which includes a light emitting layer (205), an intermediate layer (203), and a common electrode (207) and a second insulating layer (302) in contact with a side surface of the light-receiving layer (305) and a side surface of the common electrode (307) ([0077] and Fig. 3, note that the bank layers 202 and 302 are insulating films and are formed on the side surfaces of the aforementioned layers. It is also noted that the claims do not require that that insulating layers be in in direct contact with the layers and therefore although the insulating films are not in direct contact with the common electrode they are in contact via the electron injection layers (206 and 306)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04 IV B. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Lee in view of Kamada such that a first insulating layer in contact with a side surface of the first light-emitting layer, a side surface of the intermediate layer, a side surface of the second light-emitting layer, and a side surface of the common electrode and a second insulating layer in contact with a side surface of the light-receiving layer and a side surface of the common electrode in view of the invention of Akiyama absent such configuration is significant.
Continuing to claim 2, Lee in view of Kamada discloses wherein the first light-emitting layer and the second light-emitting layer are configured to emit light of the same color (Kamada [0330], it is noted that the light emitting layers of the light emitting device are disclosed to have the same structure).
Referring to claims 3 and 4, Lee in view of Kamada and Akiyama (as disclosed in claim 1) discloses comprising a first transistor (Lee TFT) and a second transistor (Lee TFT) (Lee Fig. 3, [0044] and [0053], it is noted that the TFT structure is formed for both the light emitting element (P) and the light receiving element (S)), wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode (Lee [0045]), wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode (Lee [0045] and [0053]).
Lee in view of Kamada and Akiyama (as disclosed in claim 1) discloses that the channel formation region comprises a semiconductor material ([0044]), but does not disclose that wherein the first transistor and the second transistor contain silicon in a channel formation region or wherein the first transistor and the second transistor contain a metal oxide in a channel formation region. However, Akiyama discloses a display device (Fig. 3) that comprises a light emitting element (200) with a transistor (120) connected to the light emitting element, a light receiving element (300) with a transistor (110) connected to the light receiving element with these transistors having the same configuration as each other ([0044]-[0045]). Akiyama discloses that suitable materials for the semiconductor layers (that act as channel formation layers) are silicon and metal oxides ([0046]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the semiconductor channel formation materials of silicon or a metal oxide disclosed by Akiyama as the semiconductor channel formation materials in the invention of Lee in view of Kamada because these materials are known in the art to be suitable for channel layers.
Concerning claim 10, Lee discloses a display device comprising (Figs. 2-4): a first light-emitting element (P) (Fig. 4), a second light emitting element (P) (Fig. 4); and a light-receiving element (S) (Fig. 4), wherein the light-emitting element comprises (Fig. 3): a first pixel electrode (31): a first light-emitting layer (35) over the first pixel electrode:. . . a common layer (36) over the second light-emitting layer ([0049]); and a common electrode (38) over the common layer ([0048]), wherein the light-receiving element comprises: a second pixel electrode (41) ([0054]): a light-receiving layer (45) over the second pixel electrode (Fig. 4 and [0054]): the common layer (36) over the light-receiving layer (Fig. 4); and the common electrode (38) over the common layer (Fig. 4), wherein in the light-emitting element, the common layer is configured to serve as a function of one of a hole-injection layer and an electron-injection layer ([0049]).
Lee does not disclose an intermediate layer over the first light-emitting layer: a second light-emitting layer over the intermediate layer, wherein a first insulating layer in contact with a side surface of the first light-emitting layer faces a second insulating layer in contact with a side surface of the light-receiving layer with the common electrode provided therebetween and wherein the second light-emitting element is configured to emit infrared light or near- infrared light. However, Kamada discloses a display device that includes a light receiving element with an anode (101), a first light emitting layer (103a), an intermediate layer (104), a second light emitting layer (103b), and the cathode (102). The light-emitting device in FIG. 18B has a tandem structure including the charge generation layer between the two light emitting layers ([0329]). The light emitting material is disclosed as contains a light-emitting substance that can contain one or more kinds of light-emitting substances such as one that emits infrared light can be used as the light-emitting substance ([0284]). Kamada discloses that the tandem light-emitting device makes it possible for the light-emitting device as a whole to obtain light emission of an intended color ([0332]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light emitting element of Lee to include an intermediate layer and a second light emitting layer that is configured to emit infrared light in order to form a tandem light emitting structure that obtains light emission of an intended color as disclosed by Kamada.
Additionally, Akiyama discloses a configuration (Fig. 3 and [0050]-[0052]) in which a first insulating layer (202) is in contact with a side surface of the light-emitting element which includes a light emitting layer (205), an intermediate layer (203), and a common electrode (207) and a second insulating layer (302) in contact with a side surface of the light-receiving layer (305) and a side surface of the common electrode (307) ([0077] and Fig. 3, note that the bank layers 202 and 302 are insulating films and are formed on the side surfaces of the aforementioned layers. It is also noted that the claims do not require that that insulating layers be in in direct contact with the layers and therefore although the insulating films are not in direct contact with the common electrode they are in contact via the electron injection layers (206 and 306)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04 IV B. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Lee in view of Kamada such that wherein a first insulating layer in contact with a side surface of the first light-emitting layer faces a second insulating layer in contact with a side surface of the light-receiving layer with the common electrode provided therebetween in view of the invention of Akiyama absent such configuration is significant.
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 5-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 8-11 of co-pending Application No. 18273085 (hereinafter referred to as ‘085) in view of US 20210005669 (Kamada et al).
Considering claim 5, ‘085 discloses a first step of forming a first pixel electrode, a second pixel electrode, and a connection electrode; a second step of sequentially depositing a first light-emitting film. . .a third step of forming a first sacrificial film over the second light-emitting film and the connection electrode; a fourth step of exposing the second pixel electrode by etching the first sacrificial film, . . .and the first light-emitting film and forming a first light-emitting layer over the first pixel electrode. . . and a first sacrificial layer over the . . . light-emitting layer and the connection electrode; a fifth step of depositing a light-receiving film over the first sacrificial layer and the second pixel electrode; a sixth step of forming a second sacrificial film over the light-receiving film; a seventh step of forming a light-receiving layer over the second pixel electrode and a second sacrificial layer over the light-receiving layer by etching the second sacrificial film and the light-receiving film; an eighth step of removing the first sacrificial layer and the second sacrificial layer; and a ninth step of forming a common electrode over the second light-emitting layer and the light-receiving layer so that the common electrode includes a region in contact with the connection electrode (Claim 5).
‘085 does not disclose depositing an intermediate film, and a second light-emitting film over the first pixel electrode and the second pixel electrode; etching . . . the second light-emitting film, the intermediate film, or forming . . . an intermediate layer over the first light-emitting layer, a second light-emitting layer over the intermediate layer. However, Kamada discloses a display device configuration (Fig. 18B) in which a light emitting element is formed with a first light-emitting film (103a), an intermediate film (104), and a second light-emitting film (103b). The light-emitting device in FIG. 18B has a tandem structure including the charge generation layer between the two light emitting layers ([0329]). Kamada discloses that the tandem light-emitting device makes it possible for the light-emitting device as a whole to obtain light emission of an intended color ([0332]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light emitting element of Lee to include the deposition, etching, and formation of an intermediate layer and a second light emitting layer in order to form a tandem light emitting structure that obtains light emission of an intended color as disclosed by Kamada.
Continuing to claim 6, ‘085 in view of Kamada discloses wherein the first light-emitting film, the second light-emitting film, and the light-receiving film are formed by an evaporation method using a shielding mask (‘085 Claim 8).
Referring to claim 7, ‘085 in view of Kamada discloses wherein the first sacrificial film and the second sacrificial film contain the same metal film, alloy film, metal oxide film, semiconductor film, or inorganic insulating film, wherein in the fourth step, the first light-emitting film and the second light-emitting film are etched by dry etching using an etching gas not containing oxygen as a main component, and wherein in the eighth step, the first sacrificial layer and the second sacrificial layer are removed by wet etching using a tetramethyl ammonium hydroxide aqueous solution, diluted hydrofluoric acid, oxalic acid, phosphoric acid, acetic acid, nitric acid, or a mixed solution thereof (‘085 Claim 9).
Regarding claim 8, ‘085 in view of Kamada discloses wherein the first sacrificial film and the second sacrificial film contain aluminum oxide (‘085 Claim 10).
Pertaining to claim 9, ‘085 in view of Kamada discloses further comprising a tenth step of forming a protective layer over the common electrode after the ninth step (‘085 Claim 11).
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant's arguments filed 12/30/25 have been fully considered but they are not persuasive. Claims 1 and 10 have been amended to include the limitations a first insulating layer in contact with a side surface of the first light-emitting layer, a side surface of the intermediate layer, a side surface of the second light-emitting layer, and a side surface of the common electrode and a second insulating layer in contact with a side surface of the light-receiving layer and a side surface of the common electrode and wherein a first insulating layer in contact with a side surface of the first light-emitting layer faces a second insulating layer in contact with a side surface of the light-receiving layer with the common electrode provided therebetween respectively. It is argued that Akiyama does not show the insulating layer contacting the side surfaces of light emitting layer. However the insulating layers 202 and 302 do contact the side surfaces of the aforementioned films (Fig. 3) and this configuration is what the examiner is relying on for rejection purposes. Therefore the arguments are not found to be persuasive.
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 VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VALERIE N NEWTON/Examiner, Art Unit 2897 04/16/26
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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