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 .
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 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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12101986 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader than the claims of the cited patent. All OLED panels comprise an array of pixels which comprise a plurality of light emitting elements.
18813043
USPATENT 12101986
1. An organic light-emitting diode (OLED) display panel, comprising: a substrate; an organic light-emitting layer disposed on the substrate, and provided with a plurality of organic light-emitting monomers distributed in an array at intervals; a color filter layer disposed on a side of the organic light-emitting layer facing toward a light-exiting direction; and a light-absorbing material layer disposed on the side of the organic light-emitting layer facing toward the light-exiting direction; wherein the light-absorbing material layer comprises a plurality of pixel areas, non-pixel areas, and a first area; the plurality of pixel areas are disposed corresponding to the plurality of organic light-emitting monomers, and the non-pixel areas are disposed corresponding to spacer areas of the plurality of organic light-emitting monomers.
1. An organic light-emitting diode (OLED) display panel, comprising: a substrate; an organic light-emitting layer disposed on the substrate, and provided with a plurality of organic light-emitting monomers; a color filter layer disposed on a side of the organic light-emitting layer facing toward a light-exiting direction; and a light-absorbing material layer disposed on the side of the organic light-emitting layer facing toward the light-exiting direction; wherein the light-absorbing material layer comprises a plurality of second areas corresponding to a plurality of pixel areas of the plurality of organic light-emitting monomers; and the light-absorbing material layer further comprises a plurality of third areas corresponding to a plurality of non-pixel areas of spacer areas of the plurality of organic light-emitting monomers; and wherein on a side of the light-absorbing material layer facing away from the light-exiting direction, the plurality of third areas protrude from the plurality of second areas to separate the plurality of organic light-emitting monomers.
13. An organic light-emitting diode (OLED) display panel, comprising: a substrate; an organic light-emitting layer disposed on the substrate, and provided with a plurality of organic light-emitting monomers distributed in an array at intervals; a color filter layer disposed on a side of the organic light-emitting layer facing toward a light-exiting direction; and a light-absorbing material layer disposed on the side of the organic light-emitting layer facing toward the light-exiting direction, wherein the light-absorbing material layer comprises a plurality of pixel areas, non-pixel areas, and a first area, the plurality of pixel areas are disposed corresponding to the plurality of organic light-emitting monomers, and the non-pixel areas are disposed corresponding to spacer areas of the plurality of organic light-emitting monomers; a thickness of the light-absorbing material layer in the pixel areas is 50 nanometers to 2000 nanometers; and an absorbance of the light-absorbing material layer in the pixel areas for light with a wavelength of 380 nanometers to 700 nanometers is less than 95%.
13. An organic light-emitting diode (OLED) display panel, comprising: a substrate; an organic light-emitting layer disposed on the substrate, and provided with a plurality of organic light-emitting monomers; a color filter layer disposed on a side of the organic light-emitting layer facing toward a light-exiting direction; and a light-absorbing material layer disposed on the side of the organic light-emitting layer facing toward the light-exiting direction, wherein the light-absorbing material layer comprises a plurality of second areas corresponding to a plurality of pixel areas of the plurality of organic light-emitting monomers, and the light-absorbing material layer further comprises a plurality of third areas corresponding to a plurality of non-pixel areas of spacer areas of the plurality of organic light-emitting monomers; wherein on a side of the light-absorbing material layer facing away from the light-exiting direction, the plurality of third areas protrude from the plurality of second areas to separate the plurality of organic light-emitting monomers; wherein a thickness of the light-absorbing material layer in the pixel areas is 50 nanometers to 2000 nanometers; and wherein an absorbance of the light-absorbing material layer in the pixel areas for light with a wavelength of 380 nanometers to 700 nanometers is less than 95%.
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Conclusion
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/LAWRENCE C TYNES JR./Examiner, Art Unit 2899
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