DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after May 23, 2022 is being examined under the first inventor to file provisions of the AIA .
General Remarks
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection.
3. When responding to this office action, applicants are advised to provide the examiner with paragraph numbers in the application and/or references cited to assist the examiner in locating appropriate paragraphs.
4. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification.
Continued Examination Under 37 CFR 1.114
5. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/10/2025 has been entered.
Response to Arguments
6. Applicant’s arguments, see Description of Amendments, filed 10/16/2025, with respect to the rejection of Claim 1 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hidenori, Ogata et al. (Pub No. WO2016171207A1) (hereinafter, Hidenori) in view of Jung, Jin Soo et al. (Pub No. US 20190072818 A1) (hereinafter, Jung).
Referring to Fig 1C of Hidenori, an adhesive layer (30) covers the top surface (bottom surface) of the first bank portions (28) and another side (middle bank portion 28) of the first bank portion. The filling layer (30) may be considered an adhesive, such as ionic liquid per ¶[0107] of Hidenori, which seals the organic element substrate (10) and wavelength conversion substrate (20) together.
For above mentioned reasons, the rejection is deemed proper and considered final.
Claim Rejections - 35 USC § 103
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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.
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.
8. Claims 1, 4, 10 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hidenori, Ogata et al. (Pub No. WO2016171207A1) (hereinafter, Hidenori), and further in view of Jung, Jin Soo et al. (Pub No. US 20190072818 A1) (hereinafter, Jung).
Hidenori, Fig 1C – Wavelength Conversion Layer and Bank Layer
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Re Claim 1, (Currently amended) Hidenori discloses an optical substrate (Figs 1C & 2), comprising:
a base layer (Transparent substrate; 21; Figs 1C & 2; ¶[0027]),
a bank layer (Partition wall; 23; Figs 1C & 2; ¶[0080]), disposed on the base layer, comprising a first bank portion (Partition wall (right side); 23; Fig 2; ¶0027]) separated from an edge (To right of partition wall; Fig 2) of the base layer;
a wavelength conversion unit (Wavelength conversion layer; 25; Figs 1C & 2; ¶[0080]), disposed on the base layer, adjacent to a side of the first bank portion away from the edge (Above color filter layer 24; Fig 2).
a layer (Black matrix; 22; Fig 1C; ¶[0024]), disposed between the base layer and the bank layer; and
And a first encapsulating layer (Protective layer; 28; Fig 1C; ¶[0027]), disposed on bank layer (Partition wall; 23; Fig 1C; ¶[0027]) and wavelength conversion unit (Wavelength conversion layer; 25; Figs 1C; ¶[0027]); and
an adhesive layer (Filling layer; 30; Fig 1C; ¶[0107]), disposed on the first encapsulating layer
wherein a portion (Side of surface 21a; Fig 1C; ¶[0027]) of the base layer (Transparent substrate; 21; Figs 1C & 2; ¶[0027]) is not covered by the bank layer (Partition wall; 23; Figs 1C & 2; ¶[0080]) and the wavelength conversion unit (Wavelength conversion layer; 25; Figs 1C & 2; ¶[0080]).
and a portion (Edges of black matrix not covered by either 23 or 25; Fig 1C) of the layer is not covered by the bank layer and the wavelength conversion unit,
wherein the first encapsulating layer contacts (28 contacts bottom surfaces of 23; Fig 1C) top surfaces of the first bank portion, and the top surfaces (Bottom surfaces of 23; Fig 1C) of the first bank portion are facing away (Bottom surface of 23 faces away from 21; Fig 1C) from the base layer.
wherein the wavelength conversion unit does not contact (25 does not contact bottom surface of 23; Fig 1C) the top surface of the first bank portion.
wherein the adhesive layer covers (30 is disposed over bottom surface of 23; Fig 1C) the top surface of the first bank portion and an another side (Side of Partition wall 23B left of 23C; Fig 1C) of the first bank portion opposite to the side of the first bank portion.
Jung, Fig 22: Optical substrate with first encapsulating layer contacting the layer
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However, Hidenori does not teach wherein the first encapsulating layer contacts top surfaces of the portion of the layer, and top surfaces of the portion of the layer are facing away from the base layer.
In the same field of endeavor, Jung teaches wherein the first encapsulating layer (First low refractive layer; 230; Fig 22; ¶[0059]) contacts a top surface (Top surface of black matrix BM; Fig 22) of the portion of the layer (Black matrix; BM; Fig 22; ¶[0059]), and top surfaces of the portion of the layer are facing away from the base layer (Upper substrate; 210; Fig 22; ¶[0059]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical substrate as disclosed by Hidenori by adding the first encapsulating layer contacting a top surface of the portion of the layer, as disclosed by Jung. One of ordinary skill in the art would have been motivated to make this modification because an encapsulating layer acts as a sealant for corrosion or water leakage into the layer or surrounding layers, and due to the local positioning of the layer, the encapsulating layer must therefore be disposed on at least a portion of the layer for a more compact sealant to hazardous chemicals.
Re Claim 4, (Currently Amended) Hidenori discloses the optical substrate according to claim 1, further comprising: a light absorbing unit (Scattering layer; 26; Fig 2; ¶[0125]), disposed at the another side (Side of Partition wall 23B left of 23C; Fig 1C) of the first bank portion (Partition wall (right side); 23; Fig 2; ¶0027]) adjacent to the edge (Right edge; Fig 2; ¶[0125]).
Re Claim 10, (Original) Hidenori discloses the optical substrate according to claim 1, further comprising: a color filtering layer (Color filter layer; 24; Figs 1C & 2; ¶[0131]), disposed between the base layer (Transparent substrate; 21; Figs 1C & 2; ¶[0131]) and the wavelength conversion unit (Wavelength conversion layer; 25; Figs 1C & 2; ¶[0131]) and adjacent to the side (Left side of surface 21a; Fig 2) of the first bank portion (Partition wall; 23; Fig 2; ¶[0027]) away from the edge.
Re Claim 21, (Currently Amended) The optical substrate according to claim 1, wherein in a cross-section view, the top surface (Bottom surface of 22; Fig 1C) of the portion (Edges of black matrix not covered by either 23 or 25; Fig 1C) of the layer (Black matrix; 22; Fig 1C; ¶[0024]) is not parallel with the another side (Side of Partition wall 23B left of 23C; Fig 1C) of the first bank portion (Partition wall (right side); 23; Fig 2; ¶0027]) opposite to the side of the first bank portion.
Re Claim 22, (Previously Presented) The optical substrate according to claim 21, wherein the portion (Side of surface 21a; Fig 1C; ¶[0027]) of the base layer (Transparent substrate; 21; Figs 1C & 2; ¶[0027]) is overlapped with the portion (Edges of black matrix not covered by either 23 or 25; Fig 1C) of the layer (Black matrix; 22; Fig 1C; ¶[0024]).
9. Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hidenori, Ogata et al. (Pub No. WO2016171207A1) (hereinafter, Hidenori) in view of Jung, Jin Soo et al. (Pub No. US 20190072818 A1) (hereinafter, Jung) as applied to claim 1 above, and further in view of Kamura, Masakazu et al. (Pub No. WO2017033771A1) (hereinafter, Kamura).
Re Claim 7, (Currently amended) Hidenori in view of Jung does not disclose the optical substrate according to claim 5, wherein a portion of the base layer is not covered by the black matrix layer, and the first encapsulating layer contacts the portion of the base layer.
In the same field of endeavor, Kamura discloses the optical substrate according to claim 5, wherein a portion (Upper surface; 24a; Fig 20D; ¶0215]) of the base layer (Substrate; 24; Fig 20D; ¶[0034]) is not covered by the layer (Black matrix; 26; Fig 20D; ¶[0034]), and the first encapsulating layer (Protective film; 52; Fig 20D; ¶[0215]) contacts the portion of the base layer (Substrate; 24; Fig 20D; ¶[0034]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical substrate as disclosed by Hidenori in view of Jung by adding the first encapsulating layer to contact the portion of base layer not covered by the black matrix as disclosed by Kamura. One of ordinary skill in the art would have been motivated to make this modification in order to protect base layer or other components from corrosion by having acid resistance as suggested by Kamura (¶[0151]).
Examiner notes the applicant has a first encapsulating layer designed for water resistance, and not singularly acid resistance. However, Kamura discloses the material of the protective film may be silicon dioxide or aluminum oxide, which is also the material the applicant discloses within the specification (¶[0033]). The same materials serve the purpose to be both acid or water resistant. Unless the applicant can prove otherwise, the silicon dioxide or aluminum oxide disclosed by Kamura are not distinct from material used by the applicant.
Re Claim 8, (Original) Hidenori in view of Jung does not disclose the optical substrate according to claim 7, further comprising: a light absorbing unit, disposed on the portion of the base layer.
In the same field of endeavor, Kamura discloses the optical substrate according to claim 7, further comprising: a light absorbing unit (Light scattering portion; 23; Fig 3; ¶[0138]) disposed on the portion of the base layer (Substrate; 24; Fig 3; ¶[0138]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical substrate as disclosed by Hidenori in view of Jung by disposing a light absorbing unit onto the base layer as disclosed by Kamura. One of ordinary skill in the art would have been motivated to make this modification in order to diminish the light in an unnecessary wavelength range from the emission spectrum and obtain good color reproducibility as suggested by Kamura (¶[0061]).
10. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hidenori, Ogata et al. (Pub No. WO2016171207A1) (hereinafter, Hidenori) in view of Jung, Jin Soo et al. (Pub No. US 20190072818 A1) (hereinafter, Jung) as applied to claim 1 above, and further in view of Yuji, Irie et al. (Pub No. JP2021093439A) (hereinafter, Yuri).
Re Claim 9, (Original) Hidenori in view of Jung does not disclose the optical substrate according to claim 1, further comprising: a second encapsulating layer, covering the edge of the base layer and contacting the first encapsulating layer.
In the same field of endeavor, Yuji discloses the optical substrate according to claim 1, further comprising: a second encapsulating layer [Second protective layer; 50; Fig 1A; ¶[0028]) covering an edge (Outermost surface; Fig 1A; ¶[0028]) of a base layer (Semiconductor substrate; 10; Fig 1A; ¶[0028]) and contacting a first encapsulating layer (First protective layer; 70; Fig 1A; ¶[0028]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical substrate as disclosed by Hidenori in view of Jung by adding the second encapsulating layer which covers the edge of the base layer and contacts the first encapsulating layer, as disclosed by Yuji. One of ordinary skill in the art would have been motivated to make this modification in order to improve moisture resistance by creating a multiple encapsulating layers for the optical substrate, as suggested by Yuji (¶[0003 - 0007]).
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 TIMOTHY EDWARD DUREN whose telephone number is (703)756-1426. The examiner can normally be reached 07:30 - 17:00 PST.
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/T.E.D./
Examiner
Art Unit 2817
/ELISEO RAMOS FELICIANO/Supervisory Patent Examiner, Art Unit 2817