CTNF 18/586,175 CTNF 81193 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/08/2024, 12/03/2024 have been considered by the examiner. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections 07-29-01 AIA Claim 11’s preamble recites “A method of fabricating a light emitting device, comprising, comprising :” objected to because of the following informalities: comprising seems appeared repeatedly . Appropriate correction is required. 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. 08-36 AIA Claim s 1,3-4,7,8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-11 of U.S. Patent No. 11,404,612 (hereafter US Patent ‘612) in view of Lin (US 11,552,222) and further in view over claims 1-18 of US Patent US 11,942,576 (hereinafter US Patent ‘576) . Regarding claim 1, Lin teaches a light emitting device in fig. 3, comprising: a backplane (refer to active substrate 310) having backplane circuitry (refer to TFT formed thereon) (see par. 39); a plurality of light emitting diodes (332/342/352) supported on the backplane (310) and electrically connected to the backplane circuitry (refer to TFT formed thereon); and a plurality of color conversion layers (434/444/454) disposed over the plurality of light emitting diodes (332/342/352). Lin does not mention the plurality of light emitting diodes configured to emit ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm; each color conversion layer comprising a polymer matrix, a blue photoluminescent material mixed in the polymer matrix, wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm, wherein the full width at half maximum of the emission peak is less than 100 nm, and the photoluminescence quantum yield is in a range of 5% to 100%, and components of a photoinitiator that initiated polymerization to form the polymer matrix. US Patent ‘612 teaches a light emitting device comprising: a plurality of light emitting diodes; a first cured composition in contact with a surface of the plurality of the light emitting diodes, wherein the first cured composition includes a blue photoluminescent material that selected to emit blue light with a wavelength of about 420 nm (see claim 9), and first photopolymer wherein the blue photoluminescent material is embedded in the first photopolymer (see col. 13, lines 4-6), wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material (see col. 13, lines 2-3) selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm (see claim 8) and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm (see claim 9), wherein the full width at half maximum of the emission peak is less than 100 nm (see claim 10), and the photoluminescence quantum yield is in a range of 5% to 100% (see claim 11). Thus, it would been obvious to one having ordinary skills in the art before the invention to include the plurality of light emitting diodes configured to emit ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm; each color conversion layer comprising a polymer matrix, a blue photoluminescent material mixed in the polymer matrix, wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm, wherein the full width at half maximum of the emission peak is less than 100 nm, and the photoluminescence quantum yield is in a range of 5% to 100% as taught by US Patent ‘612 in the teaching of Lin in order to provide high photluminescence quantum yield, long lifetime and long shelf lifetime (see col. 3-lines 4-20). Lin nor US Patent ‘612 does not teach “components of a photoinitiator that initiated polymerization to form the polymer matrix.” US Patent ’576 teaches the same field of an endeavor wherein the photocurable composition comprising: components of a photoinitiator that initiated polymerization to form the polymer matrix (see claim 1, col 12, lines 48-50). Thus, it would have been obvious to one having ordinary skills in the art before the invention to include components of a photoinitiator that initiated polymerization to form the polymer matrix as taught by US Patent ‘576 in the combined teaching of Lin and US Patent ’ 612 in response to absorption of the ultraviolet light. (see col.2, line 40). Claim 3 of the pending application includes all the features of claim 6 of US Patent ’576. Claim 4 of the pending application includes all the features of claim 8 of US Patent ’576. Claim 5 of the pending application includes all the features of claim 5 of US Patent ’576. Claim 6 of the pending application includes all the features of claim 7 of US Patent ’576. Regarding claim 7, Lin, US Patent ’612 and Patent ’576 teach all the limitations of the claimed invention for the same reasons as set forth above. Besides, fig. 3 of Lin teaches vertical isolation walls (322) formed on the backplane (310) and surrounding each light emitting diode of the plurality of light emitting diodes (332/342/352). Claims 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 11,404,612 (hereafter US Patent ‘612) in view of Lin (US 11,552,222), in view of US Patent US 11,942,576 (hereinafter US Patent ‘576) as applied to claim 1, and further in view of US Patent Kyong (KR- 20120021592A) Regarding claim 8, Lin, US Patent ’612 and Patent ’576 teach all the limitations of the claimed invention for the same reasons as set forth above except for the top surfaces of the plurality of color conversion layers are positioned below tops of the vertical isolation walls. Kyong teaches the same field of an endeavor wherein top surface of the color conversion layers (140) are positioned below tops of the vertical isolation walls (refer to upper portion of sidewalls of 110) (see fig. 1). Thus, it would have been obvious to one having ordinary skills in the art before the invention was made to include top surface of the color conversion layer positioned below top of the vertical isolation walls as taught by Kyong in the combined teaching of Lin, US Patent ’612 and Patent ’576 because when the color conversion layer are closer to the light emitting device increase the light conversion efficiency. Thus, the overall light conversion efficiency of the light emitting device may be improved. Combining the color conversion layer’s structure below the top surface of the vertical isolation walls as taught by Kyong in the combined LEDs structure of Lin, US Patent ‘612 and US Patent ‘576 so that the top surfaces of the plurality of color conversion layers are positioned below tops of the vertical isolation walls. Regarding claim 9, Lin, US Patent ’612 and Patent ’576, and Kyong teach all the limitations of the claimed invention for the same reasons as set forth above. Besides, Kyong teaches a UV-blocking layer (150) disposed over the color conversion layers (140) (see fig. 1). Regarding claim 10, Lin, US Patent ’612 and Patent ’576 teach all the limitations of the claimed invention for the same reasons as set forth above except for a UV-blocking layer disposed over the color conversion layers. Kyong teaches the same field of an endeavor wherein a UV-blocking layer (150) disposed over the color conversion layers (140) (see fig. 1). Thus, it would have been obvious to one having ordinary skills in the art before the invention was made to include a UV-blocking layer disposed over the color conversion layers as taught by Kyong in the teaching of Lin, US Patent ’612 and Patent ’576 so that reconversion to maximize the light conversion efficiency . 08-36 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-11 of U.S. Patent No. 11,404,612 (hereafter US Patent ‘612) in view of Lin (US 11,552,222) and further in view over claims 1-18 of US Patent US 11,942,576 (hereinafter US Patent ‘576) . Regarding claim 1, Lin teaches a light emitting device in fig. 3, comprising: a backplane (refer to active substrate 310) having backplane circuitry (refer to TFT formed thereon) (see par. 39); a plurality of light emitting diodes (332/342/352) supported on the backplane (310) and electrically connected to the backplane circuitry (refer to TFT formed thereon); and a plurality of color conversion layers (434/444/454) disposed over the plurality of light emitting diodes (332/342/352). Lin does not mention the plurality of light emitting diodes configured to emit ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm; each color conversion layer comprising a polymer matrix, a blue photoluminescent material mixed in the polymer matrix, wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm, wherein the full width at half maximum of the emission peak is less than 100 nm, and the photoluminescence quantum yield is in a range of 5% to 100%, and components of a photoinitiator that initiated polymerization to form the polymer matrix. US Patent ‘612 teaches a light emitting device comprising: a plurality of light emitting diodes; a first cured composition in contact with a surface of the plurality of the light emitting diodes, wherein the first cured composition includes a blue photoluminescent material that selected to emit blue light with a wavelength of about 420 nm to about 430nm (see claim 9), and first photopolymer wherein the blue photoluminescent material is embedded in the first photopolymer (see col. 13, lines 4-6), wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material (see col. 13, lines 2-3) selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm (see claim 8) and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm (see claim 9), wherein the full width at half maximum of the emission peak is less than 100 nm (see claim 10), and the photoluminescence quantum yield is in a range of 5% to 100% (see claim 11). Thus, it would been obvious to one having ordinary skills in the art before the invention to include the plurality of light emitting diodes configured to emit ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm; each color conversion layer comprising a polymer matrix, a blue photoluminescent material mixed in the polymer matrix, wherein the blue photoluminescent material comprises a polymer matrix, an organic material or an organometallic material selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm, wherein the full width at half maximum of the emission peak is less than 100 nm, and the photoluminescence quantum yield is in a range of 5% to 100% as taught by US Patent ‘612 in the teaching of Lin in order to provide high photluminescence quantum yield, long lifetime and long shelf lifetime (see col. 3-lines 4-20). Lin nor US Patent ‘612 does not teach “components of a photoinitiator that initiated polymerization to form the polymer matrix.” US Patent ’576 teaches the same field of an endeavor wherein the photocurable composition comprising: components of a photoinitiator that initiated polymerization to form the polymer matrix (see claim 10, col 13, lines 25-26). Thus, it would have been obvious to one having ordinary skills in the art before the invention to include components of a photoinitiator that initiated polymerization to form the polymer matrix as taught by US Patent ‘576 in the combined teaching of Lin and US Patent ’ 612 in response to absorption of the ultraviolet light. (see col.2, line 40). Claim 2 of the pending application includes all the features of claim 11 of US Patent ’576 . 08-36 AIA Claim s 11-13 and 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-11 of U.S. Patent No. (US 11,404,612; hereinafter US Patent ‘612) in view of US Patent No. (US 11,942,576; hereinafter US Patent ‘576) . Regarding claim 11 of the pending application, US Patent ’612 teaches a method of fabricating a light emitting device (see claim 14’s preamble) comprising: dispensing a first photo-curable fluid over a display having a backplane and an array of ultraviolet light emitting diodes electrically integrated with backplane circuitry of the backplane, the first photo-curable fluid including a blue photoluminescent material that comprises an organic material or an organometallic material selected to absorb ultraviolet light with a maximum wavelength in a range of about 300 nm to about 430 nm and to emit blue light with an emission peak in a range of about 420 nm to about 480 nm, wherein the full width at half maximum of the emission peak is less than 100 nm, and the photoluminescence quantum yield is in a range of 5% to 100%, one or more monomers, and a photoinitiator that initiates polymerization of the one or more monomers in response to absorption of the ultraviolet light; activating a first plurality of light emitting diodes in the array of light emitting diodes to illuminate and cure the one or more monomers to form a first color conversion layer over each of the first plurality of light emitting diodes to convert light from the first plurality of light emitting diodes to blue light, each color conversion layer including the blue photoluminescent material mixed in a polymer matrix; and removing an uncured remainder of the first photo-curable fluid (see claim 14 of US Patent ‘612). US Patent ‘612 does not explicitly teach “polymerize the one or more monomers to form a first color conversion layer.” US Patent ‘576 teaches the same field of an endeavor wherein polymerize the one or more monomers to form a first color conversion layer (see claim 1, col. 12, lines 48-51 or claim 10 or claim 14, col 14, lines 12-14) Thus, it would have been obvious to one having ordinary skills in the art before the invention to include polymerize the one or more monomers to form a first color conversion layer as taught by US Patent ‘576 in the teaching of US Patent ‘612 in response to absorption of the ultraviolet light. (see claim 1 or claim 10 or 14). Claim 12 of the pending application includes features of claim 9 of US Patent ‘576. Claim 13 of the pending application includes features of claim 2 of US Patent ‘576. Claim 16 of the pending application includes features of claim 6 of US Patent’576. Claim 17 of the pending application includes features of claim 8 of US Patent ‘576. Claim 18 of the pending application includes features of claim 5 of US Patent’576. Claim 19 of the pending application includes features of claim 7 of US Patent ‘576. Regarding claim 20, US Patent and US Patent ‘576 teach all the limitations of the claimed invention for the same reasons as set forth above except for a UV-blocking layer disposed over the color conversion layers. Kyong teaches the same field of an endeavor wherein a UV-blocking layer (150) disposed over the color conversion layers (140) (see fig. 1). Thus, it would have been obvious to one having ordinary skills in the art before the invention was made to include a UV-blocking layer disposed over the color conversion layers as taught by Kyong in the combined of teaching of US Patent ‘612 and US Patent ‘576 so that reconversion to maximize the light conversion efficiency . 08-36 AIA Claim s 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-11 of U.S. Patent No. (US 11,404,612; hereinafter US Patent ‘612) in view of US Patent No. (US 11,942,576; hereinafter US Patent ‘576) as applied to claim 11, and further in view of Okura (US 20190031954) . Regarding claim 14 of the pending application, US Patent ‘612 and US Patent ‘576 teach all the limitations of the claimed invention for the same reasons as set forth above except for the composition further comprises a solvent, and the method includes evaporating the solvent. Okura teaches the same field of an endeavor wherein the composition further comprises a solvent, and the method includes evaporating the solvent (see fig. 1 and par. 20). Thus, it would have been obvious to one having ordinary skills in the art before the invention was made to include the composition further comprises a solvent, and the method includes evaporating the solvent as taught by Okura in the combined teaching of US Patent ‘612 and US Patent ‘576 in order to reduce the volume of the composition by evaporating the solvent. Claim 15 of the pending application includes features of claim 17 of US Patent ‘576. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Niki Tram Nguyen whose telephone number is (571) 272-5526. The examiner can normally be reached on 6:00am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke can be reached on (703)872-9306. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NIKI H NGUYEN/ Primary Examiner, Art Unit 2818 Application/Control Number: 18/586,175 Page 2 Art Unit: 2818 Application/Control Number: 18/586,175 Page 3 Art Unit: 2818 Application/Control Number: 18/586,175 Page 4 Art Unit: 2818 Application/Control Number: 18/586,175 Page 5 Art Unit: 2818 Application/Control Number: 18/586,175 Page 6 Art Unit: 2818 Application/Control Number: 18/586,175 Page 7 Art Unit: 2818 Application/Control Number: 18/586,175 Page 8 Art Unit: 2818 Application/Control Number: 18/586,175 Page 9 Art Unit: 2818 Application/Control Number: 18/586,175 Page 10 Art Unit: 2818 Application/Control Number: 18/586,175 Page 11 Art Unit: 2818 Application/Control Number: 18/586,175 Page 12 Art Unit: 2818 Application/Control Number: 18/586,175 Page 13 Art Unit: 2818 Application/Control Number: 18/586,175 Page 14 Art Unit: 2818 Application/Control Number: 18/586,175 Page 15 Art Unit: 2818
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