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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 18/187575, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The original disclosure does not teach the use of mask. Accordingly, claims 1-20 are not entitled to the benefit of prior application.
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 13-20 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.
Claims 13 and 19 recite “the mask” lacks antecedent basis. Thus, claims 13 and 19 are rejected. Claims 14-18 and 20 are rejected because of their dependency upon rejected claims.
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(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang et al (TW 1828192B). Regarding claim 1, Chang et al teach (Figs. 1-14) An optoelectronic device, comprising: a substrate (1); a light emitting/receiving unit (2) disposed on the substrate and including an emitting/receiving side and a metal pattern (213) disposed on the emitting/receiving side, wherein the emitting/receiving side has an active area, and the metal pattern surrounds the active area; a mask (6) covering (understood as put something on top of or in front of something) the metal pattern; a light shielding layer (7) disposed on the substrate and surrounding the light emitting/receiving unit; and a first light-transmissive component (5) covering the light emitting/receiving unit, the mask, and the light shielding layer.
Regarding claim 2, Chang et al teach (see at figure 3) a thickness of the light shielding layer is gradually decreased along a direction away from the light emitting/receiving unit.
Regarding claim 3, Chang et al teach the light shielding layer has a transmittance of less than 0.5% with respect to light having a wavelength ranging from 100 nm to 2500 nm. That is, Chang et al teach ([0047]) that element 7 is not transparent (0 transmittance).
Regarding claim 4, Chang et al teach a cover rate of the emitting/receiving side being covered with the mask is not more than 10%. That is, the emitting/receiving side where element 211 is positioned is not directly under the masks.
Allowable Subject Matter
Claims 5-12 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 5, prior art of record does not teach a blocking wall that is disposed on the substrate and surrounds the light emitting/receiving unit, the mask, the light shielding layer, and the first light-transmissive component.
Regarding claim 11, prior art of record does not teach a second light-transmissive component disposed between the light emitting/receiving unit and the first light-transmissive component, wherein the second light-transmissive component is covered on the active area and has a refractive index between a refractive index of the light emitting/receiving unit and a refractive index of the first light-transmissive component.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm.
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/TONY KO/Primary Examiner, Art Unit 2878
TK