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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Invention I Species D (Claims 6-11 and 17-20) in the reply filed on 06/18/2026 is acknowledged.
Claims 1-5 and 12-16 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/18/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/30/2024 and 06/18/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the encapsulation layer of a second sub-pixel overlaps the encapsulation layer of a first sub-pixel on the top surface of the second heat absorbent structure” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claim(s) 6-9, 11 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nendai (US 2016/0172423).
As for claim 6, Nendai discloses in Figs. 1-4 and the related text a device, comprising:
a substrate 101;
a plurality of pixel-defining layer (PDL) structures 103 disposed over the substrate 103, each PDL structure 103 has an upper PDL surface (Fig. 3A); and
a plurality of heat absorbent structures 105 disposed on the upper PDL surface of the plurality PDL structures (fig. 3A), each adjacent heat absorbent structure comprising:
a top (upper) surface; and
two sidewalls (sides);
adjacent heat absorbent structures 105 defining sub-pixels 100R/100G/100B of the device, each sub- pixel comprising:
an anode 121;
an organic light emitting diode (OLED) material 123 [0109] disposed over the anode (Fig. 3), the OLED material 123 having a first OLED endpoint contacting a first sidewall of a first heat absorbent structure 105 and a second OLED endpoint contacting a second sidewall of a second heat absorbent structure 105 (Fig. 3);
a cathode 107 disposed over the OLED material, wherein a cathode 107 having a first cathode endpoint (electrically/thermally) contacting the first sidewall of the first heat absorbent structure and a second cathode endpoint (electrically/thermally) contacting the second sidewall of the second heat absorbent structure; and
an encapsulation layer 108 disposed over the cathode 106 and over a first portion of the top surface of the first heat absorbent structure 105 and a second portion of the top surface of the second heat absorbent structure 105 (Fig. 3).
As for claim 7, Nendai discloses the device of claim 6, wherein the encapsulation layer 108 (electrically/thermally) contacts the first portion of the top surface of the first heat absorbent structure 105 and the second portion of the top surface of the second heat absorbent structure 105 (Fig. 3A).
As for claim 8, Nendai discloses the device of claim 6, wherein the cathode 107 (electrically/thermally) contacts the first portion of the top surface of the first heat absorbent structure 105 and the second portion of the top surface of the second heat absorbent structure 105 (Fig. 3A).
As for claim 9, Nendai discloses the device of claim 6, wherein the two sidewalls of the plurality of heat absorbent structures 105 have an inversed tapered edge (as view Fig. 3A upside down).
As for claim 11, Nendai discloses the device of claim 6, wherein the encapsulation layer (left portion of 108) of a second sub-pixel overlaps the encapsulation layer (right portion of 108) of a first sub-pixel on the top surface of the second heat absorbent structure 105 (Fig. 3A).
As for claims 17-20 are drawn to a process by which the product is made. Even though product by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Because the product by process does not change the end product, Applicant’s claimed invention does not distinguish over prior art. See MPEP § 2113.
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 10 is/are rejected under 35 U.S.C. 103 as being obvious over Nendai in view of Choung et al. (US 2023/0354649).
The applied reference has a common assignees with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
As for claim 10, Nendai discloses the device of claim 6, except encapsulation layer of a first sub-pixel on the second portion of the second heat absorbent structure and the encapsulation layer of a second sub-pixel on the first portion of the second heat absorbent structure have a gap therebetween.
Choung et al. teach in Fig. 1A-1B and the related text an encapsulation layer 116 of a first sub-pixel 118a on the second portion of the second heat absorbent structure 110 and the encapsulation layer 116 of a second sub-pixel 118b on the first portion of the second heat absorbent structure 110 have a gap therebetween (Fig. 1B).
Nendai and Choung et al. are analogous art because they both are directed OLED devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify Nendai because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Nendai to include the limitations as taught by Choung et al. in order to provide better protection for each of sub pixels.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRANG Q TRAN whose telephone number is (571)270-3259. The examiner can normally be reached on Monday-Thursday (9am-4pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynne Gurley can be reached on 5712721670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRANG Q TRAN/Primary Examiner, Art Unit 2811
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