DETAILED ACTION
This action is responsive to U.S. Patent Application No. 18/448,983 filed on 14 August 2023.
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 .
Information Disclosure Statement
Acknowledgment is made of Applicant' s Information Disclosure Statement(s) (IDS). The IDS(es) has/have been considered.
Priority
The status of the application as a CON of PCT/JP2022/005046 claiming foreign priority to JP2021-029126 is acknowledged.
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant’s election of the Species 1 embodiment in the reply filed on 16 December 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse. See MPEP § 818.01(a).
Regarding Applicant’s listing of claims 1-5, 7-10, and 12 as readable on the elected species, the Examiner respectfully notes that claim 4 does not belong to the elected Species 1 embodiment. Claim 4 recites the limitation “wherein the first and second pixel electrodes are cathodes . . . .” Applicant’s elected Species 1 embodiment is depicted in FIG. 2-4, however, in which the first and second pixel electrodes are specifically disclosed as being anodes. See instant application [0040]: “In FIG. 3 , the pixel electrodes 124R, 124G, and 124B are anodes and the counter electrode 136 is a cathode.” The unelected Species 6 embodiment is depicted in FIG. 16, wherein the pixel electrodes function as cathodes. See instant application [0106]: “The display device 100F is different from the display device 100 in that the pixel electrodes 142R, 142G, and 142B function as the cathodes and the counter electrode 144 functions as the anode.”
Accordingly, claims 4, 6, and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
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 2 and 5 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.
“The essential inquiry pertaining to this requirement is whether the claims set out and circumscribe a particular subject matter with a reasonable degree of clarity and particularity. ‘As the statutory language of “particular[ity]” and “distinct[ness]” indicates, claims are required to be cast in clear—as opposed to ambiguous, vague, indefinite—terms. It is the claims that notify the public of what is within the protections of the patent, and what is not.’” MPEP § 2173.02(II) (quoting In re Packard, 751 F.3d 1307, 1313 (Fed. Cir. 2014)).
Regarding claim 2: Claim 2 states, in relevant part, “wherein the first light-emitting layer is arranged on the first common layer side.” There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5: Claim 5 states, in relevant part, “wherein an edge of the second light-emitting layer overlaps the first light-emitting layer and is arranged closer to the first opening than an intermediate portion between the first and second openings.” It is unclear which “intermediate portion” of which structure Applicant is referring to in claim 5, including whether the “intermediate portion” refers to (1) the second light emitting layer, (2) the first light emitting layer, (3) the insulating layer, etc., or (4) an intermediate portion of any of the structures recited in claims 1 and 5. For the purposes of examination, the relevant language has been interpreted in accordance with interpretation (4).
It is further unclear whether the abovementioned spatial configuration refers to (1) the position of the edge of the second light emitting layer relative to the intermediate portion and the first opening, (2) the position of the intermediate portion relative to the edge of the second light emitting layer and the first opening, or (3) either of the position of the edge of the second light emitting layer or the position of the intermediate portion. For the purposes of examination, the relevant language has been interpreted in accordance with interpretation (3).
Applicant may cancel the claims, amend the claims, or present a sufficient showing that the claims comply with the statutory requirements.
Appropriate correction is required.
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.
(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.
Claims 1-3, 5, 7-10, and 12 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by U.S. Patent Publication No. 2013/0187132 (filed Dec. 18, 2012) (hereinafter “Ando”).
Regarding independent claim 1, Ando discloses: A display device comprising:
a first pixel electrode (FIG. 9, depicting a first lower electrode 15, [0116]);
a second pixel electrode (FIG. 9, depicting a second lower electrode 15) arranged in a first direction and spaced apart from the first pixel electrode (FIG. 9, depicting wherein the second lower electrode 15 is arranged in a first direction and spaced apart from the first lower electrode 15);
an insulating layer (FIG. 9, opening insulating film 16, [0117]) having a first opening exposing at least a portion of a top surface of the first pixel electrode (FIG. 9, depicting wherein the opening insulating film 16 has a first opening exposing at least a portion of a top surface of a first lower electrode 15) and a second opening exposing at least a portion of a top surface of the second pixel electrode (FIG. 9, depicting wherein the opening insulating film 16 has a second opening exposing at least a portion of a top surface of a first lower electrode 15);
a first common layer (FIG. 9, e.g., hole transport layer 172, [0119]) arranged on the first pixel electrode, the second pixel electrode, and the insulating layer (FIG. 9, depicting wherein the hole transport layer 172 is disposed on a first lower electrode 15, a second lower electrode 15, and the opening insulating film 16);
a first light-emitting layer (FIG. 9, e.g., blue light emitting layer 273B, [0192]) arranged on the first common layer (FIG. 9, depicting wherein the blue light emitting layer 273B is arranged on the hole transport layer 172), and overlapping the first pixel electrode (FIG. 9, depicting wherein the blue light emitting layer 273B overlaps a first lower electrode 15);
a second light-emitting layer (FIG. 9, e.g., red light emitting layer 273R, [0192]) arranged on the first common layer (FIG. 9, depicting wherein the red light emitting layer 273R is arranged on the hole transport layer 172), overlapping the second pixel electrode (FIG. 9, depicting wherein the red light emitting layer 273R overlaps a first lower electrode 15); and
a counter electrode (FIG. 9, upper electrode 18, [0191]) arranged on the first light-emitting layer and the second light-emitting layer (FIG. 9, depicting wherein the upper electrode 18 is arranged on the blue light emitting layer 273B and the red light emitting layer 273R),
wherein the first light-emitting layer is spread over the insulating layer and an edge the first light-emitting layer is arranged on an inclined surface of the second opening in the insulating layer (FIG. 9, depicting wherein the blue light emitting layer 273B is spread over the opening insulating film 16 and an edge (e.g., a bottom edge) is arranged on an inclined surface of the second opening in the opening insulating film 16), and
the second light-emitting layer includes a region overlapping the first light-emitting layer (FIG. 9, depicting wherein the red light emitting layer 273R includes a region overlapping the blue light emitting layer 273B).
Applicant further claims wherein the second light-emitting layer has “a lower emission starting voltage than that of the first light-emitting layer.”
When the structure recited in a reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. MPEP § 2112.01(I). “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” Id. (citing In re Best, 562 F.2d 1252, 1255, 195 U.S.P.Q. 430, 433 (C.C.P.A. 1977)). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” Id. (quoting In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)). “Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product.” Id. (citing In re Best, 562 F.2d at 1255).
In the instant case, Ando discloses a display device structure that is identical to the display device structure claimed in Applicant’s claim 1, and thus necessarily possesses the properties of the display device structure claimed in Applicant’s claim 1, including wherein the second light-emitting layer has “a lower emission starting voltage than that of the first light-emitting layer. Compare, e.g., FIGS. 2/3 of the instant application with FIGS. 1-22, [0001]-[0114] of Ando.
Accordingly, Ando discloses a display device that necessarily possesses the properties of the display device structure claimed in Applicant’s claim 1, and thus anticipates claim 1.
Regarding claim 2, Ando further discloses wherein the first light-emitting layer is arranged on the first common layer side (FIG. 9, depicting wherein the blue light emitting layer 273B is arranged on a side of the hole transport layer 172), in a region where the first light-emitting layer and the second light-emitting layer are overlapped each other (FIG. 9, depicting wherein the blue light emitting layer 273B is arranged on a side of the hole transport layer 172 in a region where the blue light emitting layer 273B and the red light emitting layer 273R overlap).
Regarding claim 3, Ando further discloses wherein the first and second pixel electrodes are anodes (FIG. 9, [0116]: “The lower electrode 15 is an anode of the light emitting device and is connected to the driving transistor Tr1 in the TFT layer 13 as described above.”), the first light-emitting layer has electron transport properties (FIG. 9, [0127]: “More specifically, the light emitting layer 173 may be formed of a mixture material in which a low-molecular material (monomer or oligomer) is added to a polymer (light emitting) material. For example, the light emitting layer 173 may be formed by doping, with an organic EL material, polyfluorene-based polymer derivatives, a (poly)paraphenylene vinylene derivative, a polyphenylene derivative, a polyvinyl carbazole derivative, a polythiophene derivative, perylene-based pigments, coumarin-based pigments, rhodamine-based pigments, or the above-described polymer materials. Examples of the doping material include rubrene, perylene, 9,10-diphenyl anthracene, tetraphenyl butadiene, nile red, and coumarine 6.”), and the first common layer has hole transport properties (FIG. 9, [0124]: “As a material forming the hole transport layer 172, a light emitting material that is soluble to an organic solvent may be used. Examples of such a light emitting material include polyvinyl carbazole and a derivative thereof, polyfuluorene and a derivative thereof, polyaniline and a derivative thereof, polysilane and a derivative thereof, a polysiloxane derivative that has aromatic amine in a side chain or in a main chain thereof, polythiophene and a derivative thereof, and polypyrrole.”).
Regarding claim 5, Ando further discloses wherein an edge of the second light-emitting layer (FIG. 9, red light emitting layer 273R) overlaps the first light-emitting layer (FIG. 9, blue light emitting layer 273B) and is arranged closer to the first opening than an intermediate portion between the first and second openings (FIG. 9, depicting wherein the red light emitting layer 273R includes an edge, e.g., a bottom edge, wherein the edge overlaps the blue light emitting layer 273B, and wherein the edge includes at least a portion that is arranged closer to the first opening in the opening insulating film 16 than an portion of the opening insulating film 16 in which the first opening is not disposed (i.e., an intermediate portion)).
Regarding claim 7, Ando further discloses wherein a second common layer (FIG. 9, e.g., electron transport layer 274, [0192]) is further arranged between the first and second light-emitting layers and the counter electrode (FIG. 9, depicting wherein the electron transport layer 274 is arranged between the blue light emitting layer 273B and red light emitting layer 273R and the upper electrode 18).
Regarding claim 8, Ando further discloses wherein a third pixel electrode (FIG. 9, depicting a third lower electrode 15) is arranged apart from the first pixel electrode (FIG. 9, depicting wherein the third lower electrode 15 is arranged apart from the first lower electrode 15), the insulating layer has a third opening exposing the third pixel electrode (FIG. 9, depicting wherein the opening insulating film 16 has a third opening exposing at least a portion of a third lower electrode 15), and the edge of the first light-emitting layer is arranged on the inclined surface of the third opening in the insulating layer (FIG. 9, depicting wherein the blue light emitting layer 273B includes an edge (e.g., a bottom edge) arranged on an inclined surface of the third opening in the opening insulating film 16).
Regarding claim 9, Ando further discloses a third light-emitting layer (FIG. 9, e.g., green light emitting layer 273G, [0192]) arranged between the first common layer and the counter electrode (FIG. 9, depicting wherein the green light emitting layer 273G is arranged between the hole transport layer 172 and the upper electrode 18), and overlaps a portion of the first light-emitting layer and the third pixel electrode on the first common layer and overlaps a portion of the first light-emitting layer and the third pixel electrode on the first common layer (FIG. 9, depicting wherein the green light emitting layer 273G overlaps a portion of the blue light emitting layer 273B and the third lower electrode 15 on the hole transport layer 172).
Applicant further claims wherein the third light-emitting layer “has a lower emission start voltage than the of the first light-emitting layer.”
When the structure recited in a reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. MPEP § 2112.01(I). “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” Id. (citing In re Best, 562 F.2d 1252, 1255, 195 U.S.P.Q. 430, 433 (C.C.P.A. 1977)). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” Id. (quoting In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)). “Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product.” Id. (citing In re Best, 562 F.2d at 1255).
In the instant case, Ando discloses a display device structure that is identical to the display device structure claimed in Applicant’s claim 9, and thus necessarily possesses the properties of the display device structure claimed in Applicant’s claim 9, including wherein wherein the third light-emitting layer “has a lower emission start voltage than the of the first light-emitting layer.” Compare, e.g., FIGS. 2/3 of the instant application with FIGS. 1-22, [0001]-[0114] of Ando.
Accordingly, Ando discloses a display device that necessarily possesses the properties of the display device structure claimed in Applicant’s claim 9, and thus anticipates claim 9.
Regarding claim 10, Ando further discloses wherein an emission peak wavelength of the first emission layer is 460 nm or more, 500 nm or less (FIG. 9, [0194]: “The blue light emitting layer 273B may be formed of, for example, a light emitting material that has one or more peak wavelengths in a range of 450 nm to 495 nm both inclusive.”).
Regarding claim 12, Ando further discloses wherein an emission peak wavelength of the first light-emitting layer is 460 nm or more, 500 nm or less (FIG. 9, [0194]: “The blue light emitting layer 273B may be formed of, for example, a light emitting material that has one or more peak wavelengths in a range of 450 nm to 495 nm both inclusive.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent Publication Nos. 2022/0209158 (effectively filed Dec. 24, 2020); 2022/0208860 (effectively filed Dec. 31, 2020); 2019/0103573 (filed Oct. 3, 2018).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D WEILAND whose telephone number is (703)756-4760. The examiner can normally be reached Monday - Friday 9am-5pm.
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/ADAM D WEILAND/Examiner, Art Unit 2813
/STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813