DETAILED ACTION
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 .
Response to Amendment
Applicant’s amendment filed on May 29, 2026 has been entered. Claims 1-16 are currently pending. Applicant’s arguments are addressed herein below.
Claim Objections
Claim 1 is objected to because of the following informalities:
First to fourth insulating layers are not clear. These are not expressly defined in the originally filed specification and drawings. The specification does not clearly state which insulating layer is a first, second, third or fourth insulating layer.
Appropriate correction is required. No new matter should be added.
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 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-10 of copending Application No. 18569769 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
Application No. 18569769
1. A display apparatus comprising:
a first pixel;
a second pixel placed to be adjacent to the first pixel;
a first insulating layer; and
a second insulating layer over the first insulating layer,
the first pixel comprising:
a first pixel electrode;
a first EL layer covering the first pixel electrode;
a third insulating layer in contact with a part of a top surface of the first EL layer; and
a common electrode over the first EL layer and the third insulating layer,
the second pixel comprising:
a second pixel electrode;
a second EL layer covering the second pixel electrode;
a fourth insulating layer in contact with a part of a top surface of the second EL layer; and
the common electrode over the second EL layer and the fourth insulating layer,
wherein the first insulating layer is in contact with a top surface and a side surface of the third insulating layer, a top surface and a side surface of the fourth insulating layer, a side surface of the first EL layer, and a side surface of the second EL layer,
wherein the first insulating layer, the third insulating layer, and the fourth insulating layer each comprise an inorganic material,
wherein the second insulating layer comprises an organic material,
wherein a part of the second insulating layer overlaps with the first pixel electrode, wherein another part of the second insulating layer overlaps with the second pixel electrode,
wherein in a cross-sectional view of the display apparatus, a side surface of the second insulating layer has a tapered shape and a top surface of the second insulating layer has a convex shape,
wherein a taper angle of the tapered shape of the side surface of the second insulating layer is less than 90°, and
wherein the common electrode overlaps with the top surface of the second insulating layer.
2. The display apparatus according to claim 1, wherein in the cross-sectional view of the display apparatus, side surfaces of the first pixel electrode and the second pixel electrode each have a tapered shape, and
wherein a taper angle of the tapered shape of the side surface of each of the first pixel electrode and the second pixel electrode is less than 90°.
3. The display apparatus according to claim 1, wherein the first insulating layer, the third insulating layer, and the fourth insulating layer each comprise aluminum oxide.
4. The display apparatus according to claim 1, wherein the second insulating layer comprises a photosensitive acrylic resin.
5. The display apparatus according to claim 1, wherein the top surface of the first EL layer, the top surface of the second EL layer, and
the top surface of the second insulating layer each comprise a region in contact with the common electrode.
6. The display apparatus according to claim 1, wherein the first pixel comprises a common layer placed between the first EL layer and the common electrode, wherein the second pixel comprises the common layer placed between the second EL layer and the common electrode, and
wherein the top surface of the first EL layer, the top surface of the second EL layer, and
the top surface of the second insulating layer each comprise a region in contact with the common layer.
1. A display apparatus comprising:
a first pixel;
a second pixel adjacent to the first pixel;
a first insulating layer; and
a second insulating layer over the first insulating layer,
wherein the first pixel comprises:
a first pixel electrode;
a first EL layer covering the first pixel electrode;
a third insulating layer in contact with a portion of a top surface of the first EL layer; and
a common electrode over the first EL layer and the third insulating layer, wherein the second pixel comprises:
a second pixel electrode;
a second EL layer covering the second pixel electrode;
a fourth insulating layer in contact with a portion of a top surface of the second EL layer; and
the common electrode over the second EL layer and the fourth insulating layer,
wherein the first insulating layer is in contact with a top surface and a side surface of the third insulating layer, a top surface and a side surface of the fourth insulating layer, a side surface of the first EL layer, and a side surface of the second EL layer,
wherein the first insulating layer, the third insulating layer, and the fourth insulating layer each comprise an inorganic material,
wherein the second insulating layer comprises an organic material,
wherein the first insulating layer and the third insulating layer each comprise a first protruding portion over the first pixel electrode, …
wherein in the cross-sectional view of the display apparatus, a side surface of the first protruding portion and a side surface of the second protruding portion each have a tapered shape,
wherein the tapered shape of the side surface of the first protruding portion and the tapered shape of the side surface of the second protruding portion each have a taper angle less than 90°, and
wherein the common electrode is over and overlaps with the second insulating layer, the first protruding portion, and the second protruding portion.
4. The display apparatus according to claim 1, wherein in the cross-sectional view of the display apparatus, a top surface of the second insulating layer has a convex shape.
5. The display apparatus according to claim 1, wherein a portion of the second insulating layer overlaps with the first pixel electrode, and wherein another portion of the second insulating layer overlaps with the second pixel electrode.
6. The display apparatus according to claim 1, wherein in the cross-sectional view of the display apparatus, a side surface of the first pixel electrode and a side surface of the second pixel electrode each have a tapered shape, and
wherein the tapered shape of the side surface of the first pixel electrode and the tapered shape of the side surface of the second pixel electrode each have a taper angle less than 90°.
7. The display apparatus according to claim 1, wherein the first insulating layer, the third insulating layer, and the fourth insulating layer each comprise aluminum oxide.
8. The display apparatus according to claim 1, wherein the second insulating layer comprises a photosensitive acrylic resin.
9. The display apparatus according to claim 1, wherein the top surface of the first EL layer, the top surface of the second EL layer, a top surface of the second insulating layer, a top surface of the first protruding portion, and a top surface of the second protruding portion each comprise a region in contact with the common electrode.
10. The display apparatus according to claim 1, wherein the first pixel comprises a common layer between the first EL layer and the common electrode,
wherein the second pixel comprises the common layer between the second EL layer and the common electrode, and wherein the top surface of the first EL layer,
the top surface of the second EL layer, a top surface of the second insulating layer, a top surface of the first protruding portion, and a top surface of the second protruding portion each comprise a region in contact with the common layer.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman – 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
6. Claims 7-16 are allowed.
7. The following is an examiner’s statement of reasons for allowance:
The subject matter of the independent claims could either not be found or was not suggested in the prior art of record.
Regarding claim 7, the closest prior art Choung (US 20170365812) teaches a method for fabricating a display apparatus, comprising:
forming a first pixel electrode (Fig. 8(211)), a first EL layer (Fig. 8(221)) covering the first pixel electrode (Fig. 8(211)), a first insulating layer (Fig. 8(2410)) in contact with a top surface of the first EL layer (Fig. 8(221)), a second pixel electrode (Fig. 8(212)), a second EL layer (Fig. 8(222)) covering the second pixel electrode (Fig. 8(212)), and a second insulating layer (Fig. 8(2420)) in contact with a top surface of the second EL layer (Fig. 8(222), [0106] – [0108]);
forming a third insulating layer (Fig. 8(261), [0065]) to cover the first EL layer (Fig. 8(221)), the first insulating layer (Fig. 8(2410)), the second EL layer (Fig. 8(222)), and the second insulating layer (Fig. 8(2420), [0065], [0108]);
applying a photosensitive organic resin onto the third insulating layer ([0105]);
performing first light exposure to irradiate a part of the photosensitive organic resin with visible light or ultraviolet light ([0093]);
removing parts of the first insulating layer, the second insulating layer, and the third insulating layer to expose the top surface of the first EL layer and the top surface of the second EL layer (Fig. 8, [0090]); and
forming a common electrode (Fig. 8(250)) to cover the first EL layer (Fig. 8(221)), the second EL layer (Fig. 8(222), [0065], [0112]: connection layer 250 is formed to cover all of the first to third pixels P1 to P3).
As argued by the Applicant in the remarks, dated 5/29/2026, the cited references have failed to teach “A method for fabricating a display apparatus, comprising: … performing development to remove the part of the photosensitive organic resin and form a fourth insulating layer; performing first heat treatment to make a side surface of the fourth insulating layer have a tapered shape and make a top surface of the fourth insulating layer have a convex shape; and forming a common electrode to cover the fourth insulating layer”, in combination with the other elements (or steps) of the brace and method recited in the claim 7.
Response to Arguments
8. Applicant's arguments filed on May 29, 2026 have been fully considered but they are not persuasive.
As per claim objection to claim 1, Applicant’s explanation in the remarks is not persuasive. Originally filed specification does not clearly describe which insulating layer is a first, second, third or fourth insulating layer. In the remarks, Applicant states that reference characters 118a, 118b, 125 and 127 represent the first, second, third and fourth insulating layers.
In that case, the limitations “a third insulating layer in contact with a part of a top surface of the first EL layer” and “a fourth insulating layer in contact with a part of a top surface of the second EL layer” of claim 1 are not correct. The specification defines reference characters 113a and 113b as the first EL layer and the second EL layer (see specification: Fig. 2A, [0118]). In Fig. 2A, third insulating layer 125 is not in contact with a part of a top surface of the first EL layer 113a as claimed since first insulating later 118a is present between the third insulating layer 125 and the first EL layer 113a. The third insulating layer 125 is in contact with a side of the first EL layer 113a. Also, fourth insulating layer 127 is not in contact with a part of a top surface of the second EL layer 113b as claimed. The fourth insulating layer 127 is in contact with the third insulating layer 125 since the third insulating layer 125 covers the first EL layer 113a, the first insulating layer 118a, the second EL layer 113b, and the second insulating layer 118b (see specification: Fig. 2A and claim 7, lines 6-7).
In addition, the specification describes that Fig. 1B shows sacrificial layer 118a is 118a positioned over the first layer 113a and included in the light-emitting device 130a, a sacrificial layer 118b is positioned over the second layer 113b included in the light-emitting device 130b (see Fig. 1B, [0118]). The sacrificial layers 118a and 118b are defined differently in Fig. 2A than in Fig. 1B. The sacrificial layers 118a and 118b are associated with different light-emitting devices 130a and 130b. Appropriate correction is required. Claim language must be consistent with the specification. No new matter should be added.
Also, note that nonstatutory double patenting rejection to claim 1 is still present. Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-10 of copending Application No. 18569769 (reference application). Although the claims at issue are not exactly identical, they are not patentably distinct from each other. Claim 1 in combination with claims 4-5 of Application No. 18569769 almost identical to claim 1 of instant application.
Conclusion
9. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is (571)270-1543. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at (571)272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
Prosecution Insights