DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgement of preliminary amendment dated 11/21/2023 amending the claims and specification.
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.
Domestic Benefit
Present application 18/563,066 filed 11/21/2023 is a National Stage entry of PCT/IB2022/054558 with international filing date of 05/17/2022.
Foreign Priority
Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). Copies of the certified copies of the priority documents (i.e., application number 2021-089340 filed in Japan on 05/27/2021) have been received on 11/21/2023 in this National Stage application from the International Bureau (PCT Rule 17.2(a)).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/19/2024 was filed before first Office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title or similar is suggested:
-- ORGANIC DISPLAY APPARATUS HAVING CO-ADJACENT LIGHT-EMITTING AND LIGHT SENSING ELEMENTS WITH SHARED COMMON ELECTRODE --.
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 1, 2, 7 and 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4 and 6 of copending Application No. 18/290,224 hereinafter (“Kubota”) in view of US 2009/0146552 A1 to Spindler et al. (“Spindler”).
This is a provisional nonstatutory double patenting rejection.
Regarding independent claim 1, Kubota teaches of a display apparatus comprising:
a first light-emitting element; and
a light-receiving element (claim 1: “A display apparatus comprising a first light-emitting element and a light-receiving element”),
wherein a first pixel electrode, a first organic layer, and a common electrode are stacked in this order in the first light-emitting element (claim 1: “wherein the first light-emitting element comprises a first pixel electrode, a first organic layer, and a common electrode stacked in this order”),
wherein a second pixel electrode, a second organic layer, and the common electrode are stacked in this order in the light-receiving element (claim 1: “wherein the light-receiving element comprises a second pixel electrode, a second organic layer, and the common electrode stacked in this order”),
wherein the first organic layer comprises a first light-emitting layer (claim 1: “wherein the first organic layer comprises a first light-emitting layer”),
wherein the second organic layer comprises a photoelectric conversion layer (claim 1: “wherein the second organic layer comprises a photoelectric conversion layer”),
wherein a first layer and a second layer are included in a region between the first light-emitting element and the light-receiving element (claim 1: “wherein a first layer and a second layer are provided in a region between the first light-emitting element and the light-receiving element”),
wherein the first layer overlaps with the second organic layer and comprises a same material as the first organic layer (claim 1: “wherein the first layer overlaps with the second organic layer and comprises a material identical to a material of the first organic layer”),
wherein the second layer overlaps with the first organic layer and comprises a same material as the second organic layer (claim 1: wherein the second layer overlaps with the first organic layer and comprises a material identical to a material of the second organic layer),
wherein an end portion of the first organic layer and an end portion of the first layer face each other in the region between the first light-emitting element and the light-receiving element (claim 1: wherein an end portion of the first organic layer and an end portion of the first layer face each other in the region between the first light-emitting element and the light-receiving element),
wherein an end portion of the second organic layer and an end portion of the second layer face each other in the region between the first light-emitting element and the light-receiving element (claim 1: “wherein an end portion of the second organic layer and an end portion of the second layer face each other in the region between the first light-emitting element and the light-receiving element”),
wherein the first layer comprises a region overlapping with the second pixel electrode and the second organic layer (claim 1: “wherein the first layer comprises a portion overlapping with the second pixel electrode and the second organic layer”), and
wherein the second layer comprises a region overlapping with the first pixel electrode and the first organic layer (claim 1: “wherein the second layer comprises a portion overlapping with the first pixel electrode and the first organic layer”).
Kubota’s claim 1 teaches all the inventive features of instant application’s claim 1. Kubota’s claim 1 does not teach of an OLED that has an organic layer that comprises two light emitting layer.
Spindler teaches in Figure 2, paragraph 0029 of a yellow layer 234 and a blue layer 236 that are directly touching one another. In the inventive examples corresponding to the Figure 2 structure, such as Example 1.4, there is yellow layer with PTBR dopant and first blue layer BED-1 dopant. This is a clear example of different material for the different organic light emitting layers.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize that combining Spindler’s OLED with Kubota’s claim 1 would have been beneficial in order to create white light as disclosed by Spindler and also Spindler’s paragraph 0026 suggests that the OLED setup provides better efficiency and better color.
Regarding claim 2, Spindler teaches wherein the first organic layer comprises two light-emitting substances (refer to claim 1 rejection supra), and
wherein colors of light emitted by the two light-emitting substances (refer to claim 1 rejection supra) are complementary colors (i.e., yellow+blue= white).
Regarding claim 7, Kubota teaches of a resin layer,
wherein the resin layer is positioned in the region between the first light-emitting element and the light-receiving element,
wherein the end portion of the first organic layer face the end portion of the first layer with the resin layer therebetween, and
wherein the end portion of the second organic layer face the end portion of the second layer with the resin layer therebetween (see all of claim 4).
Regarding claim 8, Kubota teaches of a first insulating layer,
wherein the first insulating layer is positioned between the first light-emitting element and the light-receiving element, and
wherein the first insulating layer is in contact with the end portion of the first organic layer, the end portion of the second organic layer, the end portion of the first layer, and the end portion of the second layer (see claim 6).
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)(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, 2, 7 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by 2024/0237414 A1 to Kubota et al. (“Kubota”).
The applied reference has a different inventive entity but a common assignee and applicant with the instant application. Based upon the earlier effectively filed date of the reference (i.e., foreign priority date of 05/14/2021), it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) 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) if the same invention is not being claimed; 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 in the reference 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. (bolded for emphasis)
Regarding independent claim 1, Kubota teaches of a display apparatus comprising:
a first light-emitting element; and
a light-receiving element (claim 1: “A display apparatus comprising a first light-emitting element and a light-receiving element”),
wherein a first pixel electrode, a first organic layer, and a common electrode are stacked in this order in the first light-emitting element (claim 1: “wherein the first light-emitting element comprises a first pixel electrode, a first organic layer, and a common electrode stacked in this order”),
wherein a second pixel electrode, a second organic layer, and the common electrode are stacked in this order in the light-receiving element (claim 1: “wherein the light-receiving element comprises a second pixel electrode, a second organic layer, and the common electrode stacked in this order”),
wherein the first organic layer comprises a first light-emitting layer and a second light-emitting layer (see paragraph 0407: there may be two layers),
wherein the first light-emitting layer comprises a first light-emitting substance (see that there may be two light emitting layer – first and second that are complementary colors to one another to form white light together; further paragraph 0415 implies that the substances for the different emitted color lights are different from each other; the implied difference is also in paragraphs 0432-0433),
wherein the second light-emitting layer comprises a second light-emitting substance that is different from the first light-emitting substance (see that there may be two light emitting layer – first and second that are complementary colors to one another to form white light together; further paragraph 0415 implies that the substances for the different emitted color lights are different from each other; the implied difference is also in paragraphs 0432-043),
wherein the first organic layer comprises a first light-emitting layer (claim 1: “wherein the first organic layer comprises a first light-emitting layer”),
wherein the second organic layer comprises a photoelectric conversion layer (claim 1: “wherein the second organic layer comprises a photoelectric conversion layer”),
wherein a first layer and a second layer are included in a region between the first light-emitting element and the light-receiving element (claim 1: “wherein a first layer and a second layer are provided in a region between the first light-emitting element and the light-receiving element”),
wherein the first layer overlaps with the second organic layer and comprises a same material as the first organic layer (claim 1: “wherein the first layer overlaps with the second organic layer and comprises a material identical to a material of the first organic layer”),
wherein the second layer overlaps with the first organic layer and comprises a same material as the second organic layer (claim 1: wherein the second layer overlaps with the first organic layer and comprises a material identical to a material of the second organic layer),
wherein an end portion of the first organic layer and an end portion of the first layer face each other in the region between the first light-emitting element and the light-receiving element (claim 1: wherein an end portion of the first organic layer and an end portion of the first layer face each other in the region between the first light-emitting element and the light-receiving element),
wherein an end portion of the second organic layer and an end portion of the second layer face each other in the region between the first light-emitting element and the light-receiving element (claim 1: “wherein an end portion of the second organic layer and an end portion of the second layer face each other in the region between the first light-emitting element and the light-receiving element”),
wherein the first layer comprises a region overlapping with the second pixel electrode and the second organic layer (claim 1: “wherein the first layer comprises a portion overlapping with the second pixel electrode and the second organic layer”), and
wherein the second layer comprises a region overlapping with the first pixel electrode and the first organic layer (claim 1: “wherein the second layer comprises a portion overlapping with the first pixel electrode and the first organic layer”).
Regarding claim 2, Spindler teaches wherein the first organic layer comprises two light-emitting substances (refer to claim 1 rejection supra; see paragraph 0407), and
wherein colors of light emitted by the two light-emitting substances (refer to claim 1 rejection supra; see paragraph 0407) are complementary colors (see paragraph 0407; there are complementary colors to make white light).
Regarding claim 7, Kubota teaches of a resin layer,
wherein the resin layer is positioned in the region between the first light-emitting element and the light-receiving element,
wherein the end portion of the first organic layer face the end portion of the first layer with the resin layer therebetween, and
wherein the end portion of the second organic layer face the end portion of the second layer with the resin layer therebetween (see all of claim 4).
Regarding claim 8, Kubota teaches of a first insulating layer,
wherein the first insulating layer is positioned between the first light-emitting element and the light-receiving element, and
wherein the first insulating layer is in contact with the end portion of the first organic layer, the end portion of the second organic layer, the end portion of the first layer, and the end portion of the second layer (see claim 6).
Allowable Subject Matter
Claims 3-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 3 contains allowable subject matter, because the closest art of record, singularly or in combination fails to disclose or suggest, in combination with the other elements of claim 3, further comprising a second light-emitting element, wherein a third pixel electrode, a third organic layer, and the common electrode are stacked in this order in the second light-emitting element, wherein the third organic layer comprises a third light-emitting layer and a fourth light-emitting layer, wherein the third light-emitting layer comprises the first light-emitting substance, wherein the fourth light-emitting layer comprises the second light-emitting substance, wherein a third layer and a fourth layer are included in a region between the second light-emitting element and the light-receiving element, wherein the third layer overlaps with the third organic layer and comprises a same material as the second organic layer, wherein the fourth layer overlaps with the second organic layer and comprises a same material as the third organic layer, wherein an end portion of the second organic layer and an end portion of the third layer face each other in the region between the second light-emitting element and the light-receiving element, wherein an end portion of the third organic layer and an end portion of the fourth layer face each other in the region between the second light-emitting element and the light-receiving element, wherein the third layer comprises a region overlapping with the third pixel electrode and the third organic layer, and wherein the fourth layer comprises a region overlapping with the second pixel electrode and the second organic layer.
Dependent claims 4-6 contain allowable subject matter, because they depend on the allowable subject matter of claim 3.
Conclusion
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09 January 2026
/John P. Dulka/Primary Examiner, Art Unit 2817