CTNF 18/525,424 CTNF 78611 DETAILED ACTION Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/30/23, 7/26/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-9, 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 10-16 of U.S. Patent No. 11,899,165 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 10-16 of U.S. Patent No. 11,899,165 disclose limitations cited in claims 1-9, 13-17 of application . Regarding claim 1, Claim 10 of U.S. Patent No. 11,899,165 discloses: A method of manufacturing a display panel, comprising: forming, on a mother substrate, a light emitting element including a first electrode, a light emitting layer on the first electrode, and a second electrode on the light emitting layer (lines 45-50, Col. 12); forming a protection layer on the light emitting element formed on the mother substrate to encapsulate the light emitting element (lines 51-53); forming a first precursor to a self-healing layer containing a first polymer precursor on the protection layer (lines 54-55); forming a second precursor to a self-healing layer containing a second polymer precursor on the mother substrate (lines 56-57); cutting the mother substrate into plurality of substrates, each substrate being a component of a display panel (lines 58-59), and forming a sealing layer in a space between the first precursor to a self-healing layer and the second precursor to a self-healing layer (lines 61-65). Regarding claim 2, Claim 11 of U.S. Patent No. 11,899,165 discloses the method according to claim 1, wherein when the mother substrate is cut into a plurality of substrates, the mother substrate is cut along one, two, or three vertical surfaces except for one vertical surface of the substrate, on which a flexible printed circuit board is disposed, and the sealing layer is disposed on the one, two, or three vertical surfaces, in each of the displayer panels (lines 5-13, Col. 13). Regarding claim 3, Claim 12 of U.S. Patent No. 11,899,165 discloses the method according to claim 1, wherein when the mother substrate is cut into a plurality of substrate, the mother substrate is cut into the display panel to enable the substrate and the protection layer to form the same vertical surface on the side surface of the substrate on which the sealing layer is disposed, in each of the display panels (lines 14-19, Col. 13). Regarding claim 4, Claim 13 of U.S. Patent No. 11,899,165 discloses the method according to claim 1, wherein when the mother substrate is cut into a plurality of substrate, the mother substrate is cut into the display panels by pressing the mother substrate with a fixing jig, and the first precursor to a self-healing layer and the second precursor to a self-healing layer protrude outward from a vertical surface formed by the substrate and the protection layer due to the pressing of the fixing jig, and wherein the sealing layer partially fills the space between the first precursor to a self-healing layer and the second precursor to a self-healing layer, on at least one side surface of the substrate, and contacts the vertical surface (lines 20-26, Col. 13, lines 1-4, Col. 14). Regarding claim 5, Claim 14 of U.S. Patent No. 11,899,165 discloses the method according to claim 4, wherein each of the first precursor to a self-healing layer and the second precursor to a self-healing layer protrudes from the vertical surface, in a circular or elliptical shape as a whole (lines 5-9, Col. 14). Regarding claim 6, Claims 10-16 of U.S. Patent No. 11,899,165 fails to disclose wherein the first polymer precursor and the second polymer precursor are either the same or substantially the same material. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have these two precursors are the same in order to keep the system consistent, stable, and make identification more accurate. Regarding claim 7, Claim 15 of U.S. Patent No. 11,899,165 discloses wherein the first precursor to a self-healing layer further includes one or more of a capsule and a fiber each containing the first precursor to a polymer precursor, wherein the second precursor to a self-healing layer further includes one or more of a capsule and a fiber each containing the second polymer precursor, and wherein in the sealing layer, the first polymer precursor and the second precursor are polymerized and fill the space between the first precursor to a self-healing layer and the second precursor to a self-healing layer (lines 10-20, Col. 14). Regarding claim 8, Claim 16 of U.S. Patent No. 11,899,165 discloses forming a side encapsulation layer encapsulating the light emitting element on the vertical surface on which the sealing layer is disposed (lines 21-25, Col. 14). Regarding claim 9, Claims 10-16 of U.S. Patent No. 11,899,165 fails to disclose wherein the plurality of substrates and the sealing layer are formed in a same process. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the plurality of substrates and the sealing layer in a same process in order to reduce the steps for processing. Regarding claim 13, Claim 15 of U.S. Patent No. 11,899,165 discloses: filling the space between the first precursor and second precursor to self-healing layer with material resulting from reaction of the first polymer and second polymer, on at least one vertical surface of each substrate of the plurality of substrates (the first and second precursor are polymerized to form the materials filling the space, lines 10-20, Col. 14). Regarding claim 14, Claim 10 of U.S. Patent No. 11,899,165 discloses: A method of manufacturing a display panel, comprising: forming, on a mother substrate, a light emitting element including a first electrode, a light emitting layer on the first electrode, and a second electrode on the light emitting layer (lines 45-50, Col. 12); forming a protection layer on the light emitting element formed on the substrate to encapsulate the light emitting element (lines 51-53); forming a first precursor to a self-healing layer containing a first polymer precursor on the protection layer (lines 54-55); forming a second precursor to a self-healing layer containing a second polymer precursor on the mother substrate (lines 56-57); forming a sealing layer in a space between the first precursor to a self-healing layer and the second precursor to a self-healing layer with materials resulting from reaction of the first polymer precursor and the second polymer precursor (lines 61-65, Col. 12; lines 1-5, Col. 13). Regarding claim 15, Claim 10 of U.S. Patent No. 11,899,165 discloses: Cutting the substrate into plurality of individual substrates, each individual substrate being a component of a display panel (lines 58-59). Regarding claims 16-17, Claim 10 of U.S. Patent No. 11,899,165 discloses: wherein the sealing layer is formed on at least one surface of an individual substrate of the plurality of substrates and wherein the surface is a vertical surface (lines 61-67, Col. 12; lines 1-5, Col. 13) . 08-36 AIA Claim s 10-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 10-16 of U.S. Patent No. 11,899,165 in view of Zhang et al., U.S. Pub. No. 2020/0006704 . Regarding claims 10-12, Claims 10-16 of U.S. Patent No. 11,899,165 don’t disclose the plurality of substrates and sealing layer are formed by a laser and the vertical surfaces are laser-cut surfaces resulted by the laser, and the fiber broken by the laser and the precursors flow out. Zhang discloses the method of forming the display panel including the step of using the laser for cutting substrates and sealing layer, thus, the fiber in the sealing layer or substrate when being cut will cause the precursors flow out. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use laser for cutting in order to obtain better precision and minimize the damage from cutting on the sealing layer and the substrates. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO P LE whose telephone number is (571)272-1785. The examiner can normally be reached on Monday-Friday 9AM-6PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Jeff Natalini can be reached on 571-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /THAO P LE/ Primary Examiner, Art Unit 2818 Application/Control Number: 18/525,424 Page 2 Art Unit: 2818 Application/Control Number: 18/525,424 Page 3 Art Unit: 2818 Application/Control Number: 18/525,424 Page 4 Art Unit: 2818 Application/Control Number: 18/525,424 Page 5 Art Unit: 2818 Application/Control Number: 18/525,424 Page 6 Art Unit: 2818 Application/Control Number: 18/525,424 Page 7 Art Unit: 2818 Application/Control Number: 18/525,424 Page 8 Art Unit: 2818 Application/Control Number: 18/525,424 Page 9 Art Unit: 2818