DETAILED ACTION
Reissue
The present reissue application is directed to US 9,818,807 B2 (“807 Patent”). 807 Patent issued on November 14, 2017 with claims 1-6 from application 14/871,867 filed on September 30, 2015, and claims priority to KR 10-2015-0007024 filed on January 14, 2015.
This application was filed on January 6, 2025. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
This application is a continuation reissue of reissue application 17/901,464 (now US RE50,265 E), which is a continuation of reissue application 16/684,177 (now US RE49,204 E).
This application presents broadened claims, which are permitted because Applicant filed these claims and demonstrated an intent to broaden within two years of the issue date of 807 Patent (see claims filed on November 14, 2019 in parent reissue application 16/684,177).
The most recent amendment was filed on January 6, 2025. The status of the claims is:
Claims 1-6: Canceled
Claims 7-33: New
This is a first, non-final action.
References and Documents Cited in this Action
807 Patent (US 9,818,807 B2)
Shin (KR 10-2012-0042068)
Moon (KR 10-2015-0071538)
US RE49,204 E
US RE50,265 E
Summary of Rejections and Objections in this Action
Examiner objects to the specification amendment.
Claims 7-33 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251.
Claims 7-33 are rejected under 35 U.S.C. 112(b) as being indefinite.
Claims 7-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. US RE49,204 E.
Claims 7-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-33 of U.S. Patent No. US RE50,265 E.
Summary of the Claims
807 Patent is directed to an organic light emitting diode display. Claim 7, the only independent claim, is representative:
7. (New) An OLED display, comprising:
a flexible substrate having a pixel area;
a semiconductor layer formed in the pixel area and disposed on the flexible substrate;
a gate insulating layer disposed on the semiconductor and the flexible substrate;
a gate electrode disposed on the gate insulating layer;
a first interlayer insulating layer disposed on the gate electrode and the gate insulating
layer;
a first electrode and a second electrode disposed on the first interlayer insulating layer;
a second interlayer insulating layer disposed on the first electrode and the second
electrode;
a first electrode electrically connected to the second electrode on the second interlayer insulating layer;
a pixel defined layer having an opening and disposed on the second interlayer insulating layer exposing the first electrode;
an organic emission layer disposed on the first electrode;
a second electrode disposed on the organic emission layer;
a first inorganic insulating layer disposed over the second electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the flexible substrate; and
a first groove disposed through the first interlayer insulating layer between the first dam and the edge of the flexible substrate, wherein the first inorganic insulating layer does not cover over the first groove,
wherein a metal layer is not disposed in the first groove.
Certificate of Correction in Parent Reissues
This reissue application is a continuation reissue of US RE49,204 E and US RE50,265 E. The prior reissue patents have issued without the cross reference to this reissue application of the family which is required pursuant to 37 CFR 1.177(a). Accordingly, Applicant must request Certificates of Correction in the prior reissue patents to insert language in the first sentence of the specification, such as:
“Notice: More than one reissue application has been filed for the reissue of patent US 9,818,807 B2. The reissue applications are US RE49,204 E, US RE50,265 E, and 19/011,093.”
Specification Amendment
Examiner objects to the amendment to the specification filed on January 6, 2025 because the new text must be completely underlined. See 37 CFR 1.173 and MPEP 1453 I.
Oath/Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The declaration is a copy of the one filed in prior reissue 16/684,177. The statement of error in this declaration describes an error in 807 Patent that was already corrected by 16/684,177 (now US RE49,204 E). The declaration in the present reissue application must identify a new error; or if the same error corrected in the parent is also being corrected in the continuation reissue application, but the error is being corrected in a different way, a statement is needed to explain compliance with 37 CFR 1.175(f)(2) for a reissue application filed on or after September 16, 2012. For example, Applicant should explain how a same error is being corrected in a different way in this reissue application.
Applicant must file a new declaration (rather than merely correct the error statement in remarks) as no proper declaration has been yet entered in this application.
Claim Rejections - 35 USC § 251
Claims 7-33 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
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 7-33 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.
Claim 7 recites “a first electrode and a second electrode disposed on the first interlayer insulating layer” in line 8 and recites “a first electrode electrically connected to the second electrode on the second interlayer insulating layer” in lines 11-12, with further references to “the first electrode” several times in the claim. Claim 7 is indefinite because two distinct elements are both called “a first electrode.”
Claim 7 also further recites “a second electrode disposed on the organic emission layer; a first inorganic insulating layer disposed over the second electrode” in lines 16-17 of the claim despite previously reciting “a first electrode and a second electrode disposed on the first interlayer insulating layer” in line 8. Claim 7 is further indefinite because two distinct elements are both called “a second electrode.”
Claims 8-33 depend on parent claim 7 and are indefinite for at least the same reason.
Claim 24 additionally recites “wherein the second dam is covered by the first inorganic layer and the second inorganic layer.” There is insufficient antecedent basis for “the first inorganic layer” and “the second inorganic layer.” Examiner suggests replacing these terms with “the first inorganic insulating layer” and “the second insulating layer.”
Claim 25 additionally recites “wherein a third groove is disposed between the first dam and second dam” but there is no second groove recited in any of its parent claims (claims 7 and 18-24). The claim is indefinite because it is unclear if the claimed combination requires two grooves or three grooves.
Claim 27 additionally recites “a connecting member electrically connected to the second electrode,” and like in claim 7, it is also unclear to which “second electrode” this limitation refers.
Claim 33 additionally recites “a second dam comprised of the same layers of the first dam” (plural layers) but parent claim 7 only recites “a first dam comprised of a pattern of the pixel defined layer” (one layer). The claim is indefinite because it is unclear what plural layers are in the second dam.
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 7-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. US RE49,204 E. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding independent claim 7, this claim is substantially similar to independent claim 1 of US RE49,204 E as shown in the comparison table below:
Reissue claim 7
Claim 1 of US RE49,204 E
An OLED display, comprising:
a flexible substrate having a pixel area;
a semiconductor layer formed in the pixel area and disposed on the flexible substrate;
a gate insulating layer disposed on the semiconductor and the flexible substrate;
a gate electrode disposed on the gate insulating layer;
a first interlayer insulating layer disposed on the gate electrode and the gate insulating
layer;
An OLED display, comprising:
a flexible substrate having a pixel area;
a semiconductor layer formed in the pixel area and disposed on the flexible substrate;
a gate insulating layer disposed on the semiconductor and the substrate;
a gate electrode disposed on the gate insulating layer;
a first interlayer insulating layer disposed on the gate electrode and the gate insulating layer;
a first electrode and a second electrode disposed on the first interlayer insulating layer;
a source electrode and a drain electrode disposed on the first interlayer insulating layer;
a second interlayer insulating layer disposed on the first electrode and the second
electrode;
a first electrode electrically connected to the second electrode on the second interlayer insulating layer;
a pixel defined layer having an opening and disposed on the second interlayer insulating layer exposing the first electrode;
an organic emission layer disposed on the first electrode;
a second electrode disposed on the organic emission layer;
a first inorganic insulating layer disposed over the second electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the flexible substrate; and
a second interlayer insulating layer disposed on the source electrode and the drain electrode;
a first electrode electrically connected to the drain electrode on the second interlayer insulating layer;
a pixel defined layer having an opening and disposed on the second interlayer insulating layer exposing the first electrode;
an organic emission layer disposed on the first electrode;
a second electrode disposed on the organic emission layer;
a first inorganic insulating layer disposed over the second electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the flexible substrate; and
a first groove disposed through the first interlayer insulating layer between the first dam and the edge of the flexible substrate, wherein the first inorganic insulating layer does not cover over the first groove,
wherein a metal layer is not disposed in the first groove.
a first groove disposed through the first interlayer insulating layer between the first dam and the edge of the flexible substrate, wherein the first inorganic insulating layer does not cover over the first groove.
Given claim 1 of US RE49,204 E, it would have been obvious to create reissue claim 7 by slightly changing the wording of the claims and adding the limitation “wherein a metal layer is not disposed in the first groove” since a metal layer is not necessarily disposed in the first groove of claim 1 of US RE49,204 E. The claims recite substantially the same scope.
Regarding dependent reissue claims 8-33, these claims recite the same limitations as dependent claims 2-27 of US RE49,204 E, respectively, and are also rejected under double patenting for the same reasons as the parent claim.
Claims 7-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-33 of U.S. Patent No. US RE50,265 E. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding independent claim 7, this claim is substantially similar to independent claim 7 of US RE50,265 E as shown in the comparison table below:
Reissue claim 7
Claim 7 of US RE50,265 E
An OLED display, comprising:
a flexible substrate having a pixel area;
a semiconductor layer formed in the pixel area and disposed on the flexible substrate;
a gate insulating layer disposed on the semiconductor and the flexible substrate;
a gate electrode disposed on the gate insulating layer;
a first interlayer insulating layer disposed on the gate electrode and the gate insulating
layer;
a first electrode and a second electrode disposed on the first interlayer insulating layer;
a second interlayer insulating layer disposed on the first electrode and the second
electrode;
An OLED display, comprising:
a flexible substrate having a pixel area;
a semiconductor layer formed in the pixel area and disposed on the flexible substrate;
a gate insulating layer disposed on the semiconductor and the flexible substrate;
a gate electrode disposed on the gate insulating layer;
a first interlayer insulating layer disposed on the gate electrode and the gate insulating layer;
a first electrode and a second electrode disposed on the first interlayer insulating layer;
a second interlayer insulating layer disposed on the first electrode and the second electrode;
a first electrode electrically connected to the second electrode on the second interlayer insulating layer;
a first emission electrode electrically connected to the second electrode on the second interlayer insulating layer;
a pixel defined layer having an opening and disposed on the second interlayer insulating layer exposing the first electrode;
an organic emission layer disposed on the first electrode;
a second electrode disposed on the organic emission layer;
a first inorganic insulating layer disposed over the second electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the flexible substrate; and
a pixel defined layer having an opening and disposed on the second interlayer insulating layer exposing the first electrode;
an organic emission layer disposed on the first emission electrode;
a second emission electrode disposed on the organic emission layer;
a first inorganic insulating layer disposed over the second emission electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the flexible substrate; and
a first groove disposed through the first interlayer insulating layer between the first dam and the edge of the flexible substrate, wherein the first inorganic insulating layer does not cover over the first groove,
wherein a metal layer is not disposed in the first groove.
a first groove disposed through the first interlayer insulating layer between the first dam and the edge of the flexible substrate;
wherein the first inorganic insulating layer does not cover over the first groove, wherein the organic insulating layer does not cover over the first dam.
Given claim 7 of US RE50,265 E, it would have been obvious to create reissue claim 7 by slightly changing the wording of the claims, removing the limitation “wherein the organic insulating layer does not cover over the first dam” and adding the limitation “wherein a metal layer is not disposed in the first groove” since the organic insulating layer does not necessarily cover over the first dam in claim 7 and a metal layer is also not necessarily disposed in the first groove of claim 7 of US RE50,265 E. The claims recite substantially the same scope.
Regarding dependent reissue claims 8-33, these claims recite the same limitations as dependent claims 8-33 of US RE50,265 E, respectively, and are also rejected under double patenting for the same reasons as the parent claim.
Allowable Subject Matter
Claims 7-33 may be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, and if Applicant overcomes the double patent rejections set forth in this Office action.
Shin teaches, among other things, an organic light emitting display including an organic emission layer 720 disposed between electrodes 710 and 730 and further including an isolation groove 195 (Figures 1 and 6).
Moon teaches, among other things, an organic light emitting display including an organic light emitting element 24 and further including dam 13 with wall surface 13c and groove 13a (Figures 2 and 6)
The prior art does not specifically disclose or fairly disclose the combination of all of the elements, steps, and limitations recited in claims 7-33 (as well as the claims may be understood with respect to 35 U.S.C. 112(b) as discussed above), particularly including:
a first inorganic insulating layer disposed over the second electrode;
an organic insulating layer disposed over the first inorganic insulating layer;
a first dam comprised of a pattern of the pixel defined layer disposed along an edge of the
flexible substrate; and
a first groove disposed through the first interlayer insulating layer between the first dam
and the edge of the flexible substrate, wherein the first inorganic insulating layer does not cover
over the first groove,
wherein a metal layer is not disposed in the first groove.
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
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 https://www.uspto.gov/patents/laws/interview-practice.
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Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/ /Patricia L Engle/Reexamination Specialist, Art Unit 3992 SPRS, Art Unit 3991