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/Restrictions
Applicant's election with traverse of Species B, claims 3 and 8-11 in the reply filed on 06/10/2026 is acknowledged. The traverse is on the ground that the species A and B include both third substrate and fourth substrate, thus they are not mutually exclusive. In view of applicant’s traverse, the species election requirement between species A and B, as set forth in office action mailed on 04/16/2026, has been withdrawn. Accordingly, claims 2-11 are currently under examination on the merits. Claims 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention, there being no allowable generic or linking claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 -11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention. The independent claims 2 and 3 recite “wherein a first side, a second side, and a third side of the first substrate, and a first side, a second side, and a third side of the second substrate are overlapped with the third substrate, wherein a fourth side of the first substrate and a fourth side of the second substrate are not overlapped with the third substrate, wherein the fourth side of the first substrate and the fourth side of the second substrate overlap with each other”, however nowhere in the specification and claims as originally filed set forth that the substrates as claimed comprising a first side, a second side, a third side and a fourth side. Claims 4-11 are also rejected for depending form claim 2 and 3.
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 2-11 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 pre-AIA the applicant regards as the invention.
Claims 2 and 3 are rejected as being vague and indefinite when these claims recite "“wherein a first side, a second side, and a third side of the first substrate, and a first side, a second side, and a third side of the second substrate are overlapped with the third substrate, wherein a fourth side of the first substrate and a fourth side of the second substrate are not overlapped with the third substrate, wherein the fourth side of the first substrate and the fourth side of the second substrate overlap with each other”, because the first side, the second side, the third side and the fourth side of the substrates are not clearly defined in the specification as originally filed, which render the scope of the subject matter as claimed are not clear. Since the scope of the claims are not clearly defined, no prior art rejection has been applied to the claims in this office action. Claims 4-11 are also rejected for depending from claims 2 or3, thus inclusion of indefinite features.
Relevant Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Furlani et al (US 2006/0132698, of record). Furlani discloses a flexible electronic display device comprising a first substrate and second substrate being a glass; a light-emitting layer between the first substrate and the second substrate; and a third substrate being overlapped the second substrate and a fourth substrate being overlapped the first, which are polymer layers, and have Young's modulus smaller than a Young's modulus of the first substrate or the second substrate (Fig. 6, [0008], [0033]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUIYUN ZHANG whose telephone number is (571)270-7934. The examiner can normally be reached on 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arron Austin can be reached on 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782
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