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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17789188, filed on 06/25/2022.
Drawings
Replacement drawings were received on 01/01/2026. These drawings are not acceptable.
The appearance of a structure to which a lead line for reference character 1 points, and the relative positions of 00, 01, and 02 with respect to a shielding electrode, constitute new matter.
Furthermore, reference characters continue to mingle with the lines. See Fig. 3, for example.
The replacement drawings have been placed into the file, but the replacement drawings have not been entered.
The drawings filed 10/08/2024 are objected to under 37 CFR 1.83(a) because they fail to show “display substrate 1 includes a driving backplane, a light-emitting element arranged on the driving backplane, and a package layer configured to package the light-emitting element” as described in the specification. Furthermore, the drawings fail to show the feature(s) “the light-emitting element comprising an anode, a light-emitting functional layer and a cathode sequentially disposed, and the package layer being arranged on a side of the cathode away from the light-emitting functional layer; … with the shielding electrode being arranged on a side of the package layer away from the cathode, and the touch electrode being arranged on a side of the shielding electrode away from the package layer” as described in the originally filed claims. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings filed 10/08/2024 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature(s) “the package layer being arranged on a side of the light-emitting element away from the driving backplane; … the shielding electrode being arranged on a side of the package layer away from the light-emitting element, and the touch electrode being arranged on a side of the shielding electrode away form the package layer” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings filed 10/08/2024 are objected to because:
Shading does not conform to the standards set forth in 37 CFR 1.84(m).
Sectional lines do not conform to the standards set forth in 37 CFR 1.84(h)(3), which recites “The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight.”
The sectional view of Fig. 11 is inconsistent with relative locations of 21 and 3 as they appear in Fig. 10. For example, 3 is unobscured by 21 in Fig. 10, yet 3 appears under 21 in Fig. 11.
It is unclear where some lead lines point. See 21 in Fig. 10, for example.
Numbers, letters, and reference characters mingle with the lines, contrary to the requirements of 37 CFR 1.84(p)(3).
Fewer than all numbers, letters, and reference characters measure at least 1/8 inch in height as required by 37 CFR 1.84(p)(3).
The drawings filed 10/08/2024 are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the amended specification: 00, 01, and 02.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The substitute specification filed 01/01/2026 has been entered.
The replacement abstract has been entered.
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 1-4, 6-14, and 16-19 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 claim(s) contains 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 inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 recites “the package layer being arranged on a side of the light-emitting element away from the driving backplane; … with the shielding electrode being arranged on a side of the package layer away from the light-emitting element”. Although the originally filed SPEC discloses “display substrate 1 includes a driving backplane, a light-emitting element arranged on the driving backplane, and a package layer configured to package the light-emitting element”, the originally filed SPEC is silent regarding whether the limitations “the package layer being arranged on a side of the light-emitting element away from the driving backplane” and “the shielding electrode being arranged on a side of the package layer away from the light-emitting element” would have been satisfied by the original disclosure as recited in independent claim 1.
Other pending claims contain new matter by virtue of dependency from at least one claim lacking written description in the original disclosure.
Response to Arguments
Applicant's arguments filed 01/01/2026 have been fully considered but they are not persuasive.
It is noted by the Examiner that the original Specification’s disclosure (emphasis added) “a light-emitting element arranged on the driving backplane, and a package layer configured to package the light-emitting element” is broadly interpreted, such that the terms “on” and “configured to package” need not be limited to any specific relative location(s) with respect to a vertical direction appearing in original Fig. 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julie Anne Watko whose telephone number is (571)272-7597. The examiner can normally be reached Monday-Tuesday 9AM-5PM, Wednesday 10:30AM-5PM, Thursday-Friday 9AM-5PM, and occasional Saturdays.
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JULIE ANNE WATKO
Primary Examiner
Art Unit 2627
/Julie Anne Watko/Primary Examiner, Art Unit 2627
02/07/2026