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 .
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.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities: first to fourth insulating layers are not clear. These are not expressly defined by reference characters 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.
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.
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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.
Claim Rejections - 35 USC § 103
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.
7. 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.
8. Claims 7, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Choung et al. (US 20170365812) in view of Ma et al. (US 20190074339).
As to claim 7, Choung discloses 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, a first insulating layer (Fig. 8(2410)) in contact with a top surface of the first EL layer, a second pixel electrode (Fig. 8(212)), a second EL layer (Fig. 8(222)) covering the second pixel electrode, and a second insulating layer (Fig. 8(2430)) in contact with a top surface of the second EL layer ([0070]);
forming a third insulating layer (Fig. 8(261)) to cover the first EL layer, the first insulating layer, the second EL layer, and the second insulating layer ([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); and
forming a common electrode (Fig. 8(263)) to cover the first EL layer, the second EL layer, and the fourth insulating layer ([0065]: locations of the organic layer 261 and the inorganic layer 263 are changeable, [0105]).
Choung does not specifically teach performing development to remove the part of the photosensitive organic resin and form a fourth insulating layer; and 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.
Ma teaches performing development to remove the part of the photosensitive organic resin and form a fourth insulating layer (Fig. 3(51), [0030], [0038]); and
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 (Fig. 3(51): insulating layer 51 has tapered shape on the side surface, [0048]: insulating layer 51 has an upward convex shape).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Choung’s display apparatus by incorporating Ma’s idea of including a tapered shape fourth insulating layer in order to improve light extraction efficiency (see Ma: [0048]).
As to claim 10, Choung (as modified by Ma) teach the method for fabricating a display apparatus, according to claim 7, wherein the photosensitive organic resin is formed using a photosensitive acrylic resin (Choung: [0065]).
As to claim 12, Choung (as modified by Ma) teach the method for fabricating a display apparatus, according to claim 7, wherein a part of the photosensitive organic resin is positioned over a region overlapping with the first pixel electrode or the second pixel electrode (Choung: [0096]).
Allowable Subject Matter
9. Claims 8-9, 11 and 13-16 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.
Conclusion
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.
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/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628