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 disclosure is objected to because of the following informalities:
some of the substituents, bonds in the recited compound on p. 20 are illegible.
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 3 and 12-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without disclosing the points of attachment of each of the benzoxazole groups to the core aryl group in the compound of formula 1, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
The specification, and claims 3 and 12 each recite a compound of formula 1
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with “Ar” defined as “an aryl group having 6 to 20 atoms”, i.e., at least 15 different options for Ar.
Assuming arguendo that “Ar” is a phenyl group, i.e., just one example of an aryl having 6 atoms, then relative to the benzoxazole group on the left, the benzoxazole group on the right may attach to the core aryl group in either the ortho-position, i.e.,
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, the meta-position, i.e.,
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and/or the para-position, i.e.,
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.
Assuming arguendo that “Ar” is a naphthalene group, i.e., just one example of an aryl having 10 atoms, there are at least 8 different points of attachment to the core
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of the benzoxazole group on the right relative to the benzoxazole group on the left.
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.
Claim Rejections - 35 USC § 102 and 35 USC § 103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claims 1, 2, and 4-11 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Song et al. U.S. Patent Application Publication No. ( 2019/0189968).
The Examples and claims of Song et al. teach a display device characterized by comprising a light emitting device disposed on a substrate, a capping layer disposed on the light emitting device; and an encapsulation layer disposed on the capping layer.
Song et al. discloses all the limitations of the claim except for the property of whether the capping layer results in a protrusion protruding toward the encapsulation layer, and the Examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP §§ 2112 - 2112.02.
Although Song et al. does not specify the claimed property of the capping layer resulting in a protrusion protruding toward the encapsulation layer, since a composition of matter is claimed, i.e., a display device, and Song et al. discloses the claimed contents therein, it is asserted that the display device of Song et al. inherently possesses the recited protrusion, and that the claimed display device lacks novelty, absent object evidence to the contrary. Assuming arguendo that the display device of Song et al. does not inherently possess the recited protrusions, then Song et al. is also relied upon under 35 U.S.C. § 103 because it would have been obvious to one of ordinary skill in the art to modify arrangement of the capping layer and the encapsulation layer with reasonable expectation of achieving the recited protrusions and the advantages generally taught therein, absent object evidence to the contrary.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: U.S. Patent Application Publication No. 2023/0389402, which is the pre-grant publication corresponding to the present application, and U.S. Patent No. 8,911,884, which teaches the use of an electron transport layer containing a compound of the present formula (2)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark F Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737
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