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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US publication 2017/0294451 A1), hereinafter referred to as Kim451.
Regarding claim 1, Kim451 teaches a display device (fig. 2 and related text) comprising: pixels disposed on a substrate (201, [0045]), wherein each of the pixels includes: a first electrode (210, [0048]) disposed on the substrate; a bank (212, [0057]) disposed on the first electrode, the bank including an opening exposing the first electrode (fig. 2); a conductive pattern (213, [0066]) disposed on a side surface of the bank surrounding the opening of the bank and the exposed first electrode (fig. 2); a light-emitting element (233, [0062]) disposed on the conductive pattern in the opening of the bank and electrically connected to the first electrode (fig. 2); and a second electrode (214, [0070]) disposed on the light-emitting element, the conductive pattern guides light emitted from the light-emitting element to an upper portion of the second electrode (fig. 2), and the first electrode includes a groove (see right end of 210) stepped from a surface of the first electrode toward the substrate (fig. 2).
Regarding claim 6, Kim451 teaches wherein the light-emitting element includes a first end portion (bottom) and a second end portion (top) in a length direction of the light-emitting element, the first end portion contacts and is electrically connected to the conductive pattern, and the second end portion contacts and is electrically connected to the second electrode (fig. 2).
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 1-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,063,816 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter of claim 1-18 of the instant application is encompassed by the subject matter of the Claim 1-24 of U.S. Patent No. 12,063,816 and is obvious.
Claims of Instant Application
Claims of U.S. Patent No. 12,063,816 B2
1
1
2
1
3
1 & 19-20
4
1
5
1 & 19-20
6
2
7
3
8
4
9
5
10
6
11
7
12
8 & 9
13
10 & 11
14
12
15
13
16
21
17
22
18
23
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammed R Alam whose telephone number is 469-295-9205 and can normally be reached between 8:00am-6:00pm (M-F) or by e-mail via Mohammed.Alam1@uspto.gov.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached on 469-295-9060. 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.
/MOHAMMED R ALAM/Primary Examiner, Art Unit 2897
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