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 Invention I (device) in the reply filed on 24 August 2026 is acknowledged. Claims 1-20 are pending in the application, with claims 19-20 withdrawn from consideration.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-4 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 3, it recites “wherein the first organic pattern includes the same material as the first electrode, and the first electrode pattern includes the same material as the second electrode.”
The limitations “the same material” lack antecedence basis, leaving the claim unclear as to what material it is referring to. For at least this reason claim 4 is also rejected based on its dependency from claim 3.
Regarding Claim 10, it recites “wherein the monomer pattern and the second encapsulation layer include the same material.”
The limitation “the same material” lack antecedence basis, leaving the claim unclear as to what material it is referring to.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 2, 5, 17, and 18 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-4 and 15-16 of copending Application No. 18/761,593 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented (although a Notice of Allowance was issued at the time of writing this Office action).
Instant Application Claim (18/740,509)
Co-pending Application (18/761,593)
1. A display device comprising:
a substrate including a light emitting area including a first light emitting portion and a second light emitting portion and a non-light emitting area positioned between the first light emitting portion and the second light emitting portion;
a first light emitting structure including a first display element positioned on the first light emitting portion of the substrate;
a first thin film encapsulation layer on the first light emitting structure; and
a second light emitting structure positioned on the first thin film encapsulation layer and including a second display element overlapping the second light emitting portion,
wherein the first light emitting structure includes a first pixel defining layer defining a first opening; and
a bank structure positioned on the first pixel defining layer and including a first bank layer and a second bank layer,
the second bank layer includes a tip that protrudes more toward the first light emitting portion than a side surface of the first bank layer, and
the second display element overlaps the first pixel defining layer in a direction perpendicular to the substrate and is in contact with the second bank layer.
2. The display device of claim 1, wherein the first display element includes a first electrode; a first display light emitting layer on the first electrode; and a second electrode on the first display light emitting layer,
the first display light emitting layer and the second electrode are in contact with the side surface of the first bank layer facing the first light emitting portion, and the second electrode is electrically connected to the first bank layer.
1. A display device comprising: a substrate comprising an emission area comprising: a first emission portion and a second emission portion, and a non-emission area disposed between the first emission portion and the second emission portion; a first light-emitting member comprising a first display element disposed on the first emission portion of the substrate; a first thin-film encapsulation layer disposed on the first light-emitting member; and a second light-emitting member disposed on the first thin-film encapsulation layer and comprising a second display element overlapping the second emission portion, wherein the first light-emitting member comprises: a first pixel-defining layer defining a first opening; and a bank member disposed on the first pixel-defining layer and comprising a first bank layer and a second bank layer, the second display element overlaps the first pixel-defining layer and the bank member in a direction perpendicular to an upper surface of the substrate, and the second display element is in contact with the second bank layer in a direction toward the substrate.
2. The display device of claim 1, wherein the first display element comprises: a first electrode; a first display emissive layer disposed on the first electrode; and a second electrode disposed on the first display emissive layer, wherein the first display emissive layer and the second electrode are in contact with a side surface of the first bank layer that faces the first emission portion, and the second electrode is electrically connected to the first bank layer.
3. The display device of claim 2, wherein the second bank layer comprises a tip portion that protrudes toward the first emission portion from the side surface of the first bank layer, and the side surface of the first bank layer and the tip portion of the second bank layer form an undercut portion.
5. The display device of claim 2, wherein in a portion overlapping the non-light emitting area, a first pattern is positioned between the first electrode and the first pixel defining layer in the direction perpendicular to the substrate, and
the first pattern is in contact with the first display light emitting layer.
4. The display device of claim 3, wherein a first pattern layer is disposed between the first electrode and the first pixel-defining layer in the direction perpendicular to the upper surface of the substrate in the non-emission area, and the first pattern layer is in contact with the first display emissive layer.
17. A display device comprising:
a substrate including a first light emitting area including a first light emitting portion and a second light emitting portion, and a second light emitting area spaced apart from the second light emitting portion with the first light emitting portion interposed therebetween;
a first light emitting structure positioned on the substrate and including a first light emitting element overlapping the first light emitting portion, a second light emitting element overlapping the second light emitting area, and a bank structure overlapping the second light emitting portion;
a first encapsulation layer on the first light emitting structure; and
a second light emitting structure positioned on the first encapsulation layer and including a third light emitting element overlapping the second light emitting portion,
wherein the bank structure includes a first portion in contact with the first light emitting element, a second portion in contact with the third light emitting element, and a third portion in contact with the second light emitting element, and
the first portion, the second portion, and the third portion are spaced apart from each other with the first encapsulation layer interposed therebetween.
15. A display device comprising: a substrate comprising a first emission area comprising a first emission portion and a second emission portion, and a second emission area spaced apart from the second emission portion with the first emission portion disposed between the second emission area and the second emission portion; a first light-emitting member disposed on the substrate and comprising: a first light-emitting element overlapping the first emission portion, a second light-emitting element overlapping the second emission area, and a bank member overlapping the second emission portion; a first encapsulation layer disposed on the first light-emitting member; and a second light-emitting member disposed on the first encapsulation layer and comprising a third light-emitting element overlapping the second emission portion, wherein the bank member comprises: a first portion in contact with the first light-emitting element, a second portion in contact with the third light-emitting element, and a third portion in contact with the second light-emitting element, and the first portion, the second portion and the third portion are spaced apart from one another with the first encapsulation layer disposed between the first portion, the second portion and the third portion.
18. The display device of claim 17, wherein the first encapsulation layer includes a first inorganic layer surrounding the first portion; and a second inorganic layer surrounding the third portion, and
the first inorganic layer and the second inorganic layer are spaced apart from each other with the second portion interposed in a direction parallel to the substrate.
16. The display device of claim 15, wherein the first encapsulation layer comprises: a first inorganic layer surrounding the first portion; and a second inorganic layer surrounding the third portion, and the first inorganic layer and the second inorganic layer are spaced apart from each other in a direction parallel to an upper surface of the substrate with the second portion disposed between the first inorganic layer and the second inorganic layer.
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 6-9 and 12-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-6 and 8-13 of copending Application No. 18/761,953 in view of claims 1-3 and ¶0005-0028 of copending Application No. 18/761,953.
This is a provisional nonstatutory double patenting rejection.
Instant Application Claim (18/740,509)
Co-pending Application (18/761,593)
6. The display device of claim 1, wherein the second light emitting structure further includes a second pixel defining layer overlapping the first light emitting portion and defining a second opening, and
the second pixel defining layer overlaps the first display element in the direction perpendicular to the substrate.
8. The display device of claim 2, wherein the second light-emitting member further comprises a second pixel-defining layer overlapping the first emission portion and defining a second opening, and the second pixel-defining layer overlaps the first display element in the direction perpendicular to the upper surface of the substrate.
7. The display device of claim 6, wherein the second display element includes a third electrode; a second display light emitting layer on the third electrode; and a common electrode on the second display light emitting layer and the second pixel defining layer.
9. The display device of claim 8, wherein the second display element comprises: a third electrode; a second display emissive layer disposed on the third electrode; and a common electrode disposed on the second display emissive layer and the second pixel-defining layer.
8. The display device of claim 7, wherein the third electrode is in contact with the second bank layer in a direction toward the substrate.
10. The display device of claim 9, wherein the third electrode is in contact with the second bank layer in the direction toward the substrate, and the third electrode is electrically connected to the second bank layer, the first bank layer, and the first electrode.
9. The display device of claim 7, wherein the first thin film encapsulation layer includes:
a first encapsulation layer in contact with the first display element and the bank structure; and
a second encapsulation layer including an organic material on the first encapsulation layer, and
the second encapsulation layer is completely surrounded by the first encapsulation layer and the second pixel defining layer in a portion overlapping the first light emitting portion.
6. The display device of claim 1, wherein the first thin-film encapsulation layer comprises: a first encapsulation layer in contact with the first display element and the bank member; a second encapsulation layer including an organic material disposed on the first encapsulation layer; and a third encapsulation layer including an inorganic material disposed on the second encapsulation layer, and the second encapsulation layer is completely surrounded by the first encapsulation layer and the third encapsulation layer in the first emission portion.
12. The display device of claim 7, wherein in a portion overlapping the non-light emitting area, a second pattern is positioned between the third electrode and the second pixel defining layer in the direction perpendicular to the substrate, and
the second pattern is in contact with the second display light emitting layer.
11. The display device of claim 9, wherein a second pattern layer is disposed between the third electrode and the second pixel-defining layer in the direction perpendicular to the upper surface of the substrate in the non-emission area, and the second pattern layer is in contact with the second display emissive layer.
13. The display device of claim 6, wherein the first opening defines the first light emitting portion, and
the second opening defines the second light emitting portion.
5. The display device of claim 4, wherein the first opening defines the first emission portion.
12. The display device of claim 8, wherein the second opening defines the second emission portion.
14. The display device of claim 13, wherein in plan view, the first pixel defining layer has a mesh shape that completely surrounds the first light emitting portion, and
in plan view, the second pixel defining layer has a mesh shape that completely surrounds the second light emitting portion.
13. The display device of claim 8, wherein the first pixel-defining layer has a mesh pattern that completely surrounds the first emission portion in plan view, and the second pixel-defining layer has a mesh pattern that completely surrounds the second emission portion in plan view.
Although the instant claims above do not share the exact same dependencies as the claims of prior application number 18/761,593, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the identical features of the ‘593 application (mapped above) for those of the instant claims (mapped above) as an alternate of the same invention for the same purpose of providing a display device with a high resolution (‘593 application; ¶0005).
Allowable Subject Matter
Claims 11 and 15-16 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 11, the co-pending application (18/761,593) and the closest prior art of record (Zhenyu Jiang et al. US 20260143883 A1 Fig. 1) (Ji-Young Choung et al. US 11348983 B1 Fig. 1B) (Woo Yong Sung et al. US 20220149126 A1 Fig. 17) (Cheng-bin Shen et al. CN 108010936 B Fig. 3) (Bogeon Jeon et al. US 20170278909 A1 Fig. 4) teach the limitations of the instant claim 1, including the light emitting elements and protrusion portion.
However, the references of the Prior Art of record and considered pertinent to the applicant's disclosure and to the Examiner’s knowledge does not teach or render obvious, at least to the skilled artisan, all the limitations of the instant invention in their entirety (the individual limitations may be found just not in combination with proper motivation); further including:
(claim 1) a bank structure positioned on the first pixel defining layer and including a first bank layer and a second bank layer,
the second bank layer includes a tip that protrudes more toward the first light emitting portion than a side surface of the first bank layer, and
the second display element overlaps the first pixel defining layer in a direction perpendicular to the substrate and is in contact with the second bank layer;
(claim 11) wherein the first encapsulation layer is in contact with the protruding tip of the second bank layer.
Regarding Claim 15, the co-pending application (18/761,593) and the closest prior art of record (see above) teach the limitations of the instant claim 1, including the light emitting elements and protrusion portion.
However, the references of the Prior Art of record and considered pertinent to the applicant's disclosure and to the Examiner’s knowledge does not teach or render obvious, at least to the skilled artisan, all the limitations of the instant invention in their entirety (the individual limitations may be found just not in combination with proper motivation); further including:
(claim 1) a bank structure positioned on the first pixel defining layer and including a first bank layer and a second bank layer,
the second bank layer includes a tip that protrudes more toward the first light emitting portion than a side surface of the first bank layer, and
the second display element overlaps the first pixel defining layer in a direction perpendicular to the substrate and is in contact with the second bank layer;
(claim 15) further comprising a spacer disposed on the second pixel defining layer, wherein the spacer overlaps the third electrode in the direction perpendicular to the substrate.
For at least this reason, claim 16 would also be allowable based on its dependency from claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN PRIDEMORE whose telephone number is (703)756-4640. The examiner can normally be reached Monday - Friday 8:00am - 4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JULIO MALDONADO can be reached at (571) 272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATHAN PRIDEMORE
Examiner
Art Unit 2898
/NATHAN PRIDEMORE/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
