DETAILED ACTION
This Action is responsive to the Amendment filed on 01/20/2026.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election without traverse of Species 1, reading on, e.g., FIG. 2, FIG. 3, in the reply filed on 10/02/2025 was acknowledged and entered into the record.
In addition to the withdrawn claims by Applicant drawn to non-elected Species cited in the reply filed on 10/02/2025 and by the Examiner in the previous Office Action, the Examiner has identified an additional claim that should be withdrawn. Specifically, now amended Claim 18 is hereby withdrawn.
For example, amended Claim 18 now only recites: “at least one second concave portion having a loop shape surrounding the display area.” Claim 16, from which claim 18 depends, recites, in part: “the at least one concave portion of the first substrate includes a plurality of first concave portions each having a polygonal trench pattern, wherein one of the first concave portions shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions.” Claim 18 now only claims at least one second concave portion having a loop shape surrounding the display area. The elected Species—Species 1, reading on FIG. 2, FIG. 3—has a first concave portion. FIG. 8A, FIG. 8B, e.g., shows at least one concave portion further includes at least one second concave portion 110c having a loop shape surrounding the display area (Para 0099, Para 0105).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4, 6-9, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 2017/0155086), in view of Ito (US 2014/0252386), in view of Shin (KR 2020 0051954 A).
Regarding claim 1, Kang (see, e.g., FIG. 1 - FIG. 3) discloses a display apparatus, comprising:
a first substrate 110 including a display area A/A and a non-display area I/A surrounding the display area A/A (Para 0023, Para 0024, Para 0029, Para 0052-Para 0053);
an encapsulation layer 140 on the first substrate 110 (Para 0046-Para 0048, Para 0057-Para 0061); and
a second substrate 190 on the encapsulation layer 140 and overlapping the first substrate 110 (Para 0047-Para 0048).
Although Kang shows substantial features of the claimed invention, Kang fails to expressly teach the first substrate having at least one concave portion recessed into the first substrate in the non-display area; wherein the at least one concave portion of the first substrate includes a plurality of first concave portions each having a polygonal trench pattern; wherein one of the first concave portions shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions, and wherein the one of the first concave portions is not interlocked with the one other of the first concave portions; and an encapsulation layer disposed in the at least one concave portion; wherein the encapsulation layer includes a plurality of absorption members for absorbing gas or moisture, and some of the plurality of absorption members are disposed in the at least one concave portion.
Ito (see, e.g., FIG. 3D) teaches the first substrate 101 having at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d recessed into the first substrate 101 in the non-display area e.g., peripheral portion of substrate 101, wherein the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d of the first substrate 101 includes a plurality of first concave portions 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d each having a polygonal trench pattern (Para 0069); wherein one of the first concave portions 107d, e.g., left-most groove of 107d shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions 107d, e.g., right groove adjacent to left-most groove of 107d, and wherein the one of the first concave portions 107d, e.g., left-most groove of 107d is not interlocked with the one other of the first concave portions 107d, e.g., right groove adjacent to left-most groove of 107d for the purpose of increasing the contact area of the sealant and the substrate, thereby increasing the adhesion between the sealant and the substrate (Para 0069).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the at least one concave portion as described by Ito to be recessed into the first substrate of Kang for the purpose of increasing the contact area of the encapsulation and the substrate, thereby increasing the adhesion between the encapsulation and the substrate (Para 0069).
Shin (see, e.g., FIG. 3) teaches the encapsulation layer 140 includes a plurality of absorption members 144b for absorbing gas or moisture for the purpose of effectively preventing the penetration of external moisture, thereby improving the permeability and heat dissipation efficiency of the light emitting device (Para 0068, Para 0070, Para 0074-Para 0079).
The combination of Kang (see, e.g., FIG. 1 - FIG. 3) / Ito (see, e.g., FIG. 3D) / Shin (see, e.g., FIG. 3) teaches an encapsulation layer 140 (as taught by Kang, modified by Shin) disposed in the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito), and some of the plurality of absorption members 144b (as taught by Shin) are disposed in the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the encapsulation layer of Kang to the encapsulation layer as described by Shin for the purpose of effectively preventing the penetration of external moisture, thereby improving the permeability and heat dissipation efficiency of the light emitting device (Para 0079).
Regarding claim 4, Ito (see, e.g., FIG. 2A, FIG. 3D) teaches the display apparatus of claim 1, wherein the first concave portions 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d are arranged to form a loop surrounding the display area e.g., area occupied by 111.
Regarding claim 6, Ito (see, e.g., FIG. 3D) teaches the display apparatus of claim 1, wherein the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d has a loop shape surrounding the display area e.g., area occupied by 111 (see also FIG. 2).
Regarding claim 7, Shin (see, e.g., FIG. 3) teaches the display apparatus of claim 1, wherein the encapsulation layer 140 comprises: a first encapsulation layer 142 on the first substrate 101 (Para 0067, Para 0068); and a second encapsulation layer 144 between the first encapsulation layer 142 and the second substrate 110, the second encapsulation layer 144 including the plurality of absorption members 144b (Para 0068, Para 0069).
Regarding claim 8, the combination of Kang (see, e.g., FIG. 1 - FIG. 3) / Ito (see, e.g., FIG. 3D) / Shin (see, e.g., FIG. 3) teaches the display apparatus of claim 1, wherein the encapsulation layer 140 (as taught by Kang, modified by Shin) comprises at least one protrusion portion 140 (as taught by Kang/Shin and modified to fill plurality of grooves as taught by Ito) disposed in the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito) of the first substrate 110 (as taught by Kang and as modified by Ito to have plurality of grooves) and having a shape corresponding to a shape of the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito), and wherein the at least one protrusion portion 140 (as taught by Kang/Shin and modified to fill plurality of grooves as taught by Ito) of the encapsulation layer 140 (as taught by Kang, modified by Shin) includes a plurality of absorption members 144b (as taught by Shin) for absorbing gas or moisture (Kang: Para 0058, Para 0059; Ito: Para 0069; Shin: Para 0068, Para 0069).
Regarding claim 9, Ito (see, e.g., FIG. 3D) teaches the display apparatus of claim 1, wherein the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d of the first substrate 101 includes a sloped side surface (Para 0069).
Although Ito shows substantial features of the claimed invention, Ito fails to specify that a depth of at least 1 µm of the at least one concave portion. Ito, on the other hand, does teach that the at least one concave portion are grooves having a depth into the first substrate (Para 0069). However, differences in depth will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such depth difference is critical. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation”. In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955).
Since the applicant has not established the criticality (see next paragraph) of the at least one concave portion of the first substrate having a depth of at least 1 µm, it would have been obvious to one of ordinary skill in the art to modify the depth of the concave portions in the first substrate of Ito.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed depth of at least 1 µm of the at least one concave portion or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Regarding claim 16, Kang (see, e.g., FIG. 1 - FIG. 3) discloses a display apparatus, comprising:
a first substrate 110 including a display area A/A and a non-display area I/A surrounding the display area A/A (Para 0023, Para 0024, Para 0029, Para 0052-Para 0053);
an encapsulation layer 140 on the first substrate 110 (Para 0046-Para 0048, Para 0057-Para 0061); and
a second substrate 190 on the encapsulation layer 140 and overlapping the first substrate 110 (Para 0047-Para 0048).
Although Kang shows substantial features of the claimed invention, Kang fails to expressly teach wherein the encapsulation layer includes a plurality of absorption members for absorbing gas and moisture, and some of the plurality of absorption members are disposed in the at least one protrusion portion of the encapsulation layer; wherein the first substrate includes at least one concave portion recessed into the first substrate in the non-display area; wherein the at least one concave portion of the first substrate includes a plurality of first concave portions each having a polygonal trench pattern; wherein one of the first concave portions shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions, and wherein the one of the first concave portions is not interlocked with the one other of the first concave portions; and an encapsulation layer having at least one protrusion portion in the non-display area; wherein the at least one protrusion portion of the encapsulation layer is between the first substrate and the second substrate and protrudes away from the second substrate.
Ito (see, e.g., FIG. 3D) teaches the first substrate 101 includes at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d recessed into the first substrate 101 in the non-display area e.g., peripheral portion of substrate 101, wherein the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d of the first substrate 101 includes a plurality of first concave portions 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d each having a polygonal trench pattern (Para 0069); wherein one of the first concave portions 107d, e.g., left-most groove of 107d shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions 107d, e.g., right groove adjacent to left-most groove of 107d, and wherein the one of the first concave portions 107d, e.g., left-most groove of 107d is not interlocked with the one other of the first concave portions 107d, e.g., right groove adjacent to left-most groove of 107d for the purpose of increasing the contact area of the sealant and the substrate, thereby increasing the adhesion between the sealant and the substrate (Para 0069).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the at least one concave portion as described by Ito to be recessed into the first substrate of Kang for the purpose of increasing the contact area of the encapsulation and the substrate, thereby increasing the adhesion between the encapsulation and the substrate (Para 0069).
Shin (see, e.g., FIG. 3) teaches the encapsulation layer 140 includes a plurality of absorption members 144b for absorbing gas or moisture for the purpose of effectively preventing the penetration of external moisture, thereby improving the permeability and heat dissipation efficiency of the light emitting device (Para 0068, Para 0070, Para 0074-Para 0079).
The combination of Kang (see, e.g., FIG. 1 - FIG. 3) / Ito (see, e.g., FIG. 3D) / Shin (see, e.g., FIG. 3) teaches an encapsulation layer 140 (as taught by Kang, modified by Shin) having at least one protrusion portion e.g., portion of 140 (as taught by Kang, modified by Shin) disposed in 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito) in the non-display area I/A (as taught by Kang); wherein the at least one protrusion portion e.g., portion of 140 (as taught by Kang, modified by Shin) disposed in 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito) of the encapsulation layer 140 (as taught by Kang, modified by Shin) is between the first substrate 110 (as taught by Kang) and the second substrate 190 (as taught by Kang) and protrudes away from the second substrate 190 (as taught by Kang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the encapsulation layer of Kang to the encapsulation layer as described by Shin for the purpose of effectively preventing the penetration of external moisture, thereby improving the permeability and heat dissipation efficiency of the light emitting device (Para 0079).
Regarding claim 17, The combination of Kang (see, e.g., FIG. 1 - FIG. 3) / Ito (see, e.g., FIG. 3D) / Shin (see, e.g., FIG. 3) teaches the display apparatus of claim 16, wherein the at least one protrusion portion e.g., portion of 140 (as taught by Kang, modified by Shin) disposed in 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito) of the encapsulation layer 140 (as taught by Kang, modified by Shin) is disposed within the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d (as taught by Ito) of the first substrate 110 (as taught by Kang, modified by Ito) and has a shape corresponding to a shape of the at least one concave portion 107d, e.g., left-most groove of 107d; 107d, e.g., right groove adjacent to left-most groove of 107d of the first substrate 110 (as taught by Kang, modified by Ito) (Kang: Para 0046-Para 0048, Para 0057-Para 0061; Ito: Para 0069; Shin: Para 0068, Para 0070, Para 0074-Para 0079).
Regarding claim 20, Shin (see, e.g., FIG. 3) teaches the display apparatus of claim 16, wherein the encapsulation layer 140 comprises: a first encapsulation layer 142 on the first substrate 101 (Para 0067, Para 0068); and a second encapsulation layer 144 between the first encapsulation layer 142 and the second substrate 110, the second encapsulation layer 144 including the plurality of absorption members 144b (Para 0068, Para 0069).
Response to Arguments
Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive.
Applicant argues:
Applicant argues that the Kang reference discloses, in FIG. 3 (relied on by the Office), the second adhesive layer 142 disposed on the array substrate 110, the first adhesive layer 141 disposed on the second adhesive layer 142, and the moisture adsorbent 141a disposed in the first adhesive layer 141. If the groove portions 107d of the Ito reference were disposed in the array substrate 110 of Kang, as the Office suggests, the second adhesive layer 142 of Kang would be disposed in such groove portions, and the moisture adsorbent 141a of the Kang reference (the Office's alleged "absorption members") disposed in the first adhesive layer 141 would not be disposed in the groove portions 107d incorporated from the Ito reference (the Office's alleged "at least one concave portion").
Examiner responds:
Applicant’s arguments with respect to the amended claimed limitation have been considered but are moot because of the new ground of rejection.
Applicant argues:
Applicant argues that the Office relies solely on the groove portions 107d in FIG. 3D of the Ito reference (and does not rely on Kang) with respect to the "plurality of concave portions" recited in claim 1. However, the Ito reference fails to disclose or render obvious that one groove portion 107d "shares an edge or a vertex of the polygonal trench pattern with" one other groove portion 107d.
The Examiner respectfully disagrees. The Ito reference discloses a plurality of concave portions 107d, e.g., plurality of grooves that form 107d; and one of the first concave portions 107d, e.g., left-most groove of 107d shares an edge or a vertex of the polygonal trench pattern with one other of the first concave portions 107d, e.g., right groove adjacent to left-most groove of 107d.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONIO CRITE whose telephone number is (571) 270-5267. The examiner can normally be reached Monday - Friday, 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at (571) 272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTONIO B CRITE/Primary Examiner, Art Unit 2817