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 .
DETAILED ACTION
Election
Applicant elected claims 1-13 for examination, without traverse.
Allowable Subject Matter
Claims 1-13 are allowable over prior art.
The following is an examiner’s statement of reasons for allowance:
The prior arts of record, including the references located during the Examiner's search, fail to anticipate or render obvious the combination of elements recited in independent claim, when considered as a whole. In particular, the prior art lacks the following specific elements of claim 1 “wherein a cavity is formed between the first encapsulation layer and the bank layer in a direction perpendicular to the substrate the cavity overlaps the emission area and the non-emission area, and the cavity is filled by the second encapsulation layer.”
The dependent claims are allowable by virtue of their dependency on their respective allowable independent claims.
Examiner found following prior arts to be related and are from the general field of the claimed invention, however they separately or in combination fail to teach the above discussed specific claimed limitations:
US 20220077251 A1
US 20210193954 A1
With respect to claim 1, the closest prior art US 20220077251 A1 teaches 1. A display device [(para 21 )]comprising: a substrate comprising an emission area and a non-emission area: [(Fig.1A, 1B, para 27-29; substrate 102 emission/sub pixel area 112, 106, non-emission area 126 )] a first light emitting element on the emission area of the substrate: [(OLED 112 )] a pixel defining layer on the non-emission area of the substrate and defining a first opening: [(PDL 126 )] a bank layer on the pixel defining layer, defining a second opening, and containing a conductive material: [(structure 110 )] a first encapsulation layer on the first light emitting element and containing an inorganic material: [(116 )] and a second encapsulation layer on the first encapsulation layer and containing an organic material [(118 )], wherein a cavity is formed between the first encapsulation layer and the bank layer in a direction perpendicular to the substrate [(cavity above 115, Fig.1B, which is filled with 118 )],
However, its cavity does not overlap the emission and non-emission area.
In US 20210193954 A1 the cavity is only on the non-emission area (Fig.3)
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 claims at issue 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); 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 19/053678. Although the claims at issue are not identical, they are not patentably distinct from each other because the instants claims are taught by combination and permutations of copending claims. For instance, the instant claim 1 is obvious over copending claims 1, 12 and 13.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shahan Rahaman whose telephone number is (571)270-1438. The examiner can normally be reached on 7am - 3:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at telephone number (571) 272-4195. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/SHAHAN UR RAHAMAN/Primary Examiner, Art Unit 2426
