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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/11/2024 and 4/17/2026 was filed before the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: Claim 11 refers to seventh and eighth layers respectively. Since claim 11 is dependent upon claim 1, it is unclear where the fifth and sixth layers are introduced. There appears to be a lack of antecedent basis for the seventh and eight layers. Examiner suggests changing dependency of claim 11 from claim 1 to claim 10. Appropriate correction is required.
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.
Claim 11 recites the limitation "seventh and eighth layers" in lines 1 and 3. There is insufficient antecedent basis for this limitation in the claim.
Examiner suggests changing dependency of claim 11 from claim 1 to claim 10.
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 7-11 of U.S. Patent No. 12120904. Although the claims at issue are not identical, they are not patentably distinct from each other because similar subject matter is claimed:
‘904 Instant
1. (Original) A display device, comprising: a substrate;
a light emitting element disposed on the substrate;
a capping layer covering the light emitting element; and
an encapsulation layer disposed on the capping layer,
wherein the capping layer comprises:
a first inorganic layer;
a first flexible layer disposed on the first inorganic layer, the first flexible layer including silicon and carbon; and
a second inorganic layer disposed on the first flexible layer,
wherein a thickness of the first flexible layer is about 80% or more of a thickness of the capping layer.
1. A display device, comprising:
a substrate;
a light emitting element disposed on the substrate;
a first layer covering the light emitting element and formed of an inorganic material;
a second layer (first flexible layer) disposed on the first layer and formed of silicon and carbon;
a third layer (a second inorganic layer) disposed on the second layer and formed of an inorganic material; and
a fourth layer (an encapsulation layer) disposed on the third layer and formed of at least one of an organic material and an inorganic material,
wherein a thickness of the second layer is about 80% or more of a sum of a thickness of the first layer, the thickness of the second layer, and a thickness of the third layer.
2. (Original) The display device of claim 1, wherein each of a refractive index of the first inorganic layer, a refractive
index of the first flexible layer, and a refractive index of the second inorganic layer is about 1.75 or more.
2. The display device of claim 1, wherein each of a refractive index of the first layer, a refractive index of the second layer, and a refractive index of the third layer is about 1.75 or more.
3. (Original) The display device of claim 1,
wherein a difference between a refractive index of the first inorganic layer
and a refractive index of the first flexible layer is about 0.15 or less, and
a difference between the refractive index of the first flexible layer and a refractive index of the second inorganic layer is about 0.15 or less.
3. The display device of claim 1, wherein a difference between a refractive index of the first layer and a refractive index of the second layer is about 0.15 or less.
4. The display device of claim 1, wherein a difference between a refractive index of the second layer and a refractive index of the third layer is about 0.15 or less.
4. (Original) The display device of claim 3,
wherein the refractive index of the first inorganic layer is larger than the
refractive index of the first flexible layer, and
the refractive index of the second inorganic layer is larger than the refractive
index of the first flexible layer.
5. The display device of claim 1, wherein a refractive index of the first layer is larger than a refractive index of the second layer.
6. The display device of claim 1, wherein a refractive index of the third layer is larger than a refractive index of the second layer.
5. (Original) The display device of claim 1,
wherein the capping layer has a thickness from about 50 nm to about 90 nm.
7. The display device of claim 1, wherein the sum of the thickness of the first layer, the thickness of the second layer, and the thickness of the third layer is from about 50 nm to about 90 nm.
7. (Original) The display device of claim 1,
wherein each of the first inorganic layer and the second inorganic layer
comprises SiNx, and
wherein the first flexible layer comprises SiCN.
9. The display device of claim 1, wherein each of the first layer and the third layer
comprises SiNx, and
wherein the second layer comprises SiCN.
8. (Original) The display device of claim 1, wherein the encapsulation layer comprises an organic encapsulation layer
and an inorganic encapsulation layer disposed on the organic encapsulation layer,
and
wherein a lower surface of the organic encapsulation layer is in direct
contact with an upper surface of the capping layer.
9. (Currently Amended) The display device of claim 1,
wherein the capping layer further comprises:
a second flexible layer disposed on the second inorganic layer, the second
flexible layer comprising silicon and carbon; and
a third inorganic layer disposed on the second flexible layer, and
wherein a sum of the thickness of the first flexible layer and a thickness of
the second flexible layer is about 80 % or more of the thickness of the
capping layer.
11. The display device of claim 1, further comprising:
a seventh layer (a second flexible layer) disposed on the third layer, the seventh layer comprising silicon and carbon;
and
an eighth layer (a third inorganic layer) disposed on the seventh layer, the eighth layer comprising an inorganic
material,
wherein a sum of the thickness of the second layer and the thickness of the seventh layer
is about 80 % or more of a sum of the thickness of the first layer, the thickness of the second layer,
the thickness of the third layer, a thickness of the seventh layer, and a thickness of the eighth layer.
10. (Original) The display device of claim 9, wherein the capping layer has a thickness from about 50 nm to about 90 nm.
12. The display device of claim 11, wherein the sum of the thickness of the first layer, the
thickness of the second layer, the thickness of the third layer, the thickness of the seventh layer,
and the thickness of the eighth layer is from about 50 nm to about 90 nm.
11. (Original) The display device of claim 9, wherein a difference of a refractive index of the first inorganic layer and a refractive index of the first flexible layer is about 0.15 or less,
wherein a difference of the refractive index of the first flexible layer and a refractive index of the second inorganic layer is about 0.15 or less, wherein a difference of the refractive index of the second inorganic layer and a refractive index of the second flexible layer is about 0.15 or less, and wherein a difference of the refractive index of the second flexible layer and a refractive index of the third inorganic layer is about 0.15 or less.
13. The display device of claim 11, wherein a difference of a refractive index of the first
layer and a refractive index of the second layer is about 0.15 or less,
wherein a difference of the refractive index of the second layer and a refractive index of
the third layer is about 0.15 or less,
wherein a difference of the refractive index of the third layer and a refractive index of the
seventh layer is about 0.15 or less, and
wherein a difference of the refractive index of the seventh layer and a refractive index of the
eighth layer is about 0.15 or less.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEBENTRITT whose telephone number is (571)272-1873. The examiner can normally be reached IFP Mon- Fri 8:30 am- 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached at (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL . LEBENTRITT
Primary Examiner
Art Unit 2893
/MICHAEL LEBENTRITT/Primary Examiner, Art Unit 2893
Prosecution Insights