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 .
Reissue Application
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 C.F.R. 1.172, 1.175, and 3.73 are to the current provisions.
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 Patent No. 9,853,231 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 appraise 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, 1422.01, and 1442.04.
Priority
United States Patent No. 9,853,231 was filed on 11 May 2017 and claims priority to provisional application KR 10-2015-0119759 filed on 25 August 2015.
Status of Claims
Amended patent claims 1, 13, 15, 21, and 22, original patent claims 2, 3, 6-8, 14, 16, and 23, and new claims 25-31 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 6/30/2025 has been considered by the Examiner.
Multiple Reissue Applications
This reissue application is the continuation of application of reissue application 18/079,856. 37 CFR 1.177(a) requires that all multiple reissue applications resulting from a single patent must include as the first sentence of their respective specifications a cross reference to the other reissue application(s). Accordingly, the first sentence of each reissue specification must provide notice stating that more than one reissue application has been filed, and it must identify each of the reissue applications and their relationship within the family of reissue applications, and to the original patent. An example of the suggested language to be inserted is as follows:
Notice: More than one reissue application has been filed for the reissue of Patent No. 9,853,231. The reissue applications are application number 18/079,856 and application number 19/255,723 (the instant application), which is a continuation reissue of Patent No. 9,853,231. See MPEP 1451.
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.
Claims 1-3, 6-8, 13-16, 21-23, and 25-31 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the invention.
The claims present one coverage in RE 50,505 and another in the present reissue application.
Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application in some form, i.e., as amended, as unamended or as canceled. Further, any added claims must be numbered beginning with the next highest number following the last patent claim. It is noted that the same claim of the patent cannot be presented for examination in more than one of the reissue applications, as a pending claim, in either its original or amended versions. If a patent claim is presented in more than one reissue application of a reissue application "family," as a pending claim, then that patent claim must be presented as a canceled claim in all the other reissue applications of that family. Once a claim in the patent has been reissued, it does not exist in the original patent; thus, it cannot be reissued from the original patent in another reissue application.5. In this case, patent claims 1-14 should be presented as canceled claims in the instant reissue application. The subject matter recited in claims 1-3, 6-8, 13-16, 21-23, and 25-31 should be presented as new claims starting with claim number 15. It is noted that claims 1-57 in RE 50,505 remain in force.
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 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, 10, 15, and 19 of U.S. Patent No. RE 50,505 E (the reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because every limitation recited in claims 1 and 15 is recited in claims 1, 3, 9, 10, 15, and 19 of the reference patent.
Pertinent Prior Art
● US 2011/0278558 to Hamada discloses an OLED display comprising, in order, a first electrode, a first hole transport layer (HTL), a first intermediate layer, a second HTL, a second intermediate layer, a third HTL, an emission layer, a first electron transport layer (ELT), a second ELT, an electron injection layer, and a second electrode [0011, 0030, 0073-0091, Fig. 1]. The hole transport layers each have a thickness of from about 5 to about 100 nm [0093]. Hamada does not teach or suggest a first, second, and third emission part each comprising an emission layer disposed on an HLT.
● US 2014/0183496 to Heo et al. discloses an OLED display comprising a first electrode 102 and a second electrode 104 [abstract, 0058-0065, Fig. 4]. Disposed on the first electrode 102 is (in order) a first light emitting unit 110, a second light emitting unit 120, and a third light emitting unit 130 [0058-0065, Fig. 4].
The first light emitting unit 110 comprises a first hole injection layer (HIL) 112, a first HTL 114, an emission layer (EML) 116, an electron transport layer (ETL) 118 [0058-0065, Fig. 4]. The second light emitting unit 120 comprises a second HTL 224, a second EML 126, and second ETL 128 [0058-0065, Fig. 4]. The third light emitting unit 130 comprises a third HTL 244, a third EML 146, and a third ETL 148 [0058-0065, Fig. 4]. Heo et al. teach that the first HTL is thicker than the second and third HTL. Heo et al. do not teach or suggest an electron blocking layer on the first EML.
Conclusion
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Lee E. Sanderson whose telephone number is
(571) 272-1079. The examiner can normally be reached on Mon-Fri; 9:30 am -
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Patricia Engle can be reached on 571-272-6660. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.
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/LEE E SANDERSON/ Reexamination Specialist, Art Unit 3991
Conferees:
/LEONARDO ANDUJAR/ /Patricia L Engle/
Primary Examiner, Art Unit 3991 SPRS, Art Unit 3991
Prosecution Insights