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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-16), Species I (FIGS. 1A-1B), Sub-Species A (FIGS.2A-2B), Sub-Sub-Species i (FIG. 14A), Sub-Sub-Sub-Species 1 (FIG. 15A), Sub-Sub-Sub-Sub-Species a (FIG. 16A), Sub-Sub-Sub-Sub-Sub-Species la (FIG. 28A), and Sub-Sub-Sub-Sub-Sub-Sub-Species A1 (FIG. 29A). Claims 1-17 in the reply filed on 07/27/2026 is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially createddoctrine 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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign aterminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-17 are rejected on the ground of provisional nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of US Patent Application 18578093 in view of Kase et al. (EP 3683212 A1). Although the conflicting claims are not identical, they are not patentably distinct from each other.
This is an obviousness-type provisional double patenting rejection because the conflicting claims have not in fact been patented.
Regarding claim 1: A display device comprising:
a first light-emitting device;
a second light-emitting device;
a first insulating layer; and
a second insulating layer, wherein the first light-emitting device comprises:
a first pixel electrode;
a first light-emitting layer over the first pixel electrode; and
a common electrode over the first light-emitting layer,
wherein the second light-emitting device comprises:
a second pixel electrode;
a second light-emitting layer over the second pixel electrode; and
the common electrode over the second light-emitting layer,
wherein the first insulating layer covers a side surface and part of a top surface of the first light-emitting layer and a side surface and part of a top surface of the second light-emitting layer,
wherein the second insulating layer overlaps with the part of the top surface of the first light-emitting layer and the part of the top surface of the second light-emitting layer with the first insulating layer therebetween,
wherein the second insulating layer comprises a portion positioned between the side surface of the first light-emitting layer and the side surface of the second light-emitting layer,
wherein the second insulating layer comprises an acrylic resin,
wherein the common electrode covers the second insulating layer,
wherein, in a cross-sectional view, an end portion of the second insulating layer has a tapered shape with a taper angle of less than 90° and
wherein the second insulating layer covers at least part of a side surface of the first insulating layer.
Claim 1 of ‘8093 teaches about a display apparatus comprising a first light-emitting device, a second light-emitting device adjacent to the first light-emitting device, and a first insulating layer and a second insulating layer between the first light-emitting device and the second light- emitting device,
wherein the first light-emitting device comprises a first pixel electrode, a first light- emitting layer over the first pixel electrode, and a common electrode over the first light-emitting layer, wherein the second light-emitting device comprises a second pixel electrode, a second light-emitting layer over the second pixel electrode, and the common electrode over the second light-emitting layer,
wherein the first insulating layer covers part of a top surface of the first light-emitting layer and part of a top surface of the second light-emitting layer,
wherein the first insulating layer is in contact with a side surface of the first light-emitting layer and a side surface of the second light-emitting layer,
wherein the second insulating layer faces the side surface and the part of the top surface of the first light-emitting layer and the side surface and the part of the top surface of the second light-emitting layer with the first insulating layer therebetween, wherein the common electrode covers the second insulating layer,
wherein in a cross-sectional view, an end portion of the second insulating layer has a tapered shape with a taper angle less than 90° and
wherein the second insulating layer covers at least part of a side surface of the first insulating layer.
Claim 1 of ‘8093 doesn’t talk about wherein the second insulating layer comprises an acrylic resin.
However claim 16 of ‘8093 teaches about wherein the second insulating layer comprises an acrylic resin.
Thus, it would have been obvious to one of ordinary skill in the art at the time the application was filed to realize claims 1 and 16 of ‘8093 teaches all the limitations of claim 1 of the present application.
Regarding claim 2: A display device comprising:
a first light-emitting device;
a second light-emitting device;
a first insulating layer, and
a second insulating layer,
wherein the first light-emitting device comprises:
a first pixel electrode;
a first light-emitting layer over the first pixel electrode;
a first functional layer over the first light-emitting layer; and
a common electrode over the first functional layer, wherein the second light-emitting device comprises:
a second pixel electrode;
a second light-emitting layer over the second pixel electrode;
a second functional layer over the second light-emitting layer; and
the common electrode over the second functional layer,
wherein each of the first functional layer and the second functional layer comprises a first compound, wherein the first compound is an organic compound that comprises a heteroaromatic ring skeleton comprising one selected from a pyridine ring, a diazine ring, and a triazine ring and a bicarbazole skeleton, or an organic compound that comprises a fused heteroaromatic ring skeleton comprising a pyridine ring or a diazine ring and a bicarbazole skeleton, wherein a glass transition point of the first compound is higher than or equal to 100 °C and lower than or equal to 180 °C,
wherein the first insulating layer covers a side surface and part of a top surface of the first light-emitting layer, a side surface and part of a top surface of the second light-emitting layer, a side surface and part of a top surface of the first functional layer, and a side surface and part of a top surface of the second functional layer,
wherein the second insulating layer overlaps with the side surface and the part of the top surface of the first light-emitting layer, the side surface and the part of the top surface of the second light-emitting layer, the side surface and the part of the top surface of the first functional layer, and the side surface and the part of the top surface of the second functional layer with the first insulating layer therebetween,
wherein the common electrode covers the second insulating layer,
wherein, in a cross-sectional view, an end portion of the second insulating layer has a tapered shape with a taper angle of less than 90° and wherein the second insulating layer covers at least part of a side surface of the first insulating layer.
Claim 1 of ‘8093 teaches about a display apparatus comprising a first light-emitting device, a second light-emitting device adjacent to the first light-emitting device, and a first insulating layer and a second insulating layer between the first light-emitting device and the second light- emitting device,
wherein the first light-emitting device comprises a first pixel electrode, a first light- emitting layer over the first pixel electrode, and a common electrode over the first light-emitting layer, wherein the second light-emitting device comprises a second pixel electrode, a second light-emitting layer over the second pixel electrode, and the common electrode over the second light-emitting layer,
wherein the first insulating layer covers part of a top surface of the first light-emitting layer and part of a top surface of the second light-emitting layer,
wherein the first insulating layer is in contact with a side surface of the first light-emitting layer and a side surface of the second light-emitting layer,
wherein the second insulating layer faces the side surface and the part of the top surface of the first light-emitting layer and the side surface and the part of the top surface of the second light-emitting layer with the first insulating layer therebetween, wherein the common electrode covers the second insulating layer,
wherein in a cross-sectional view, an end portion of the second insulating layer has a tapered shape with a taper angle less than 90° and
wherein the second insulating layer covers at least part of a side surface of the first insulating layer.
Claim 1 of ‘8093 doesn’t talk about a first functional layer over the first light-emitting layer, a second functional layer over the second light-emitting layer, wherein each of the first functional layer and the second functional layer comprises a first compound, wherein the first compound is an organic compound that comprises a heteroaromatic ring skeleton comprising one selected from a pyridine ring, a diazine ring, and a triazine ring and a bicarbazole skeleton, or an organic compound that comprises a fused heteroaromatic ring skeleton comprising a pyridine ring or a diazine ring and a bicarbazole skeleton, wherein a glass transition point of the first compound is higher than or equal to 100 °C and lower than or equal to 180 °C.
However claim 9 of ‘8093 teaches about a first functional layer over the first light-emitting layer, a second functional layer over the second light-emitting layer.
Claims of ‘8093 doesn’t explicitly talk about wherein each of the first functional layer and the second functional layer comprises a first compound, wherein the first compound is an organic compound that comprises a heteroaromatic ring skeleton comprising one selected from a pyridine ring, a diazine ring, and a triazine ring and a bicarbazole skeleton, or an organic compound that comprises a fused heteroaromatic ring skeleton comprising a pyridine ring or a diazine ring and a bicarbazole skeleton, wherein a glass transition point of the first compound is higher than or equal to 100 °C and lower than or equal to 180 °C.
Kase teaches in [0105] – [0107] about a first compound, wherein the first compound is an organic compound that comprises a heteroaromatic ring skeleton comprising one selected from a pyridine ring and wherein a glass transition point of the first compound is 100 °C or more.
Thus, it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the material as claimed and thereby having excellent characteristics such as excellent electron injection/transport performance, hole blocking performance, and high stability in a film state, and an organic EL device having high efficiency and high durability, which is obtained by using this compound (Kase, abstract).
It would have been obvious to one of ordinary skill in the art at the time of the application was filed to have the material as claimed, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 3: Kase teaches the limitations.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 4-5: claims 9-10, 17 of ‘8093 teaches the limitations.
Regarding claim 6: claim 2 of ‘8093 teaches the limitations
Regarding claims 7, 9: claims 3, 5 of ‘8093 teaches the limitations.
Regarding claim 8: claim 4 of ‘8093 teaches the limitations
Regarding claim 10: claim 6 of ‘8093 teaches the limitations.
Regarding claims 11-12: claims 7-8 of ‘8093 teaches the limitations
Regarding claim 13: claim 11 of ‘8093 teaches the limitations
Regarding claim 14: claim 12 of ‘8093 teaches the limitations
Regarding claim 15: claim 13 of ‘8093 teaches the limitations
Regarding claim 16: claim 14 of ‘8093 teaches the limitations
Regarding claim 17: claim 15 of ‘8093 teaches the limitations
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUZZAMAN whose telephone number is (571)270-1839. The examiner can normally be reached Monday-Friday 7 am -4 pm EST.
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/Mohammed Shamsuzzaman/Primary Examiner, Art Unit 2897
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