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 .
Claim Objections
Claims 2 and 3 are objected to because of the following informalities: The status identifiers of claims 2 and 3 are incorrect and should be “Previously Presented” as both the previous claims 2 and 3 are amended. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1)/a(2) as being anticipated by Shibata et al. (US 2008/0251381 A1).
Regarding claim 1, Shibata et al. teach a display device (display element, Fig. 15; [0003]), comprising: a substrate (211; Fig. 15, [0122]); and a display element layer (221, 222, 232, 223; Fig. 15, [0122, 0129]) on a first surface (the top surface) of the substrate (211; see Fig. 15), the display element layer (221, 222, 232, 223) comprising: a plurality of light emitting elements (232, which can be light emitting elements; Fig. 15, [0129, 0088]); a first electrode (221; Fig. 15, [0122]) and a second electrode (222; Fig. 15, [0122]) extending in a first direction (the horizontal direction) and spaced from each other in a second direction (the vertical direction) different from the first direction (the horizontal direction); and a third electrode (223; Fig. 15, [0122]) extending in the first direction (the horizontal direction) and opposing (facing) the second electrode (222) with the first electrode (221) interposed between the third electrode and the second electrode (between 223 and 222; the right one of the first protrusion of 221 is between the rightmost vertical bar of 223 and the left one of the second protrusions of 222; see Fig. 15 below), wherein the first electrode (221) comprises a first protrusion (the portion of 221 protruding from the bottommost horizontal bar of 221) protruding toward the second electrode (222), wherein the second electrode (222) comprises a second protrusion (the portion of 222 protruding from the topmost horizontal bar of 222) protruding toward the first electrode (221), wherein the first protrusion (the portion of 221 protruding from the bottommost horizontal bar of 221) and the second protrusion (the portion of 222 protruding from the topmost horizontal bar of 222) are alternately arranged along the first direction (the horizontal direction) and extend from the first electrode (221) and the second electrode (222) in the second direction (the vertical direction), wherein the plurality of light emitting elements (232) extend in the second direction (the vertical direction), and wherein the plurality of light emitting elements (232) is located between the first protrusion (the portion of 221 protruding from the bottommost horizontal bar of 221) and the second protrusion (the portion of 222 protruding from the topmost horizontal bar of 222), and first ends (left or right ends) of respective one of the plurality of light emitting elements (232) are aligned toward one of the first electrode (221 including the first protrusions) and the second electrode (222 including the second protrusions).
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[AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: textbox (First protrusions)][AltContent: textbox (Second protrusions)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
Fig. 15 of Shibata et al. showing four areas surrounded by the dash lines as the first protrusion and the second protrusion.
Regarding claim 2, Shibata et al. teach the display device according to claim 1, wherein the first electrode (221), the second electrode (222), and the third electrode (223), and the plurality of light emitting elements (232) are located on a same surface of the substrate (211; indicated in Figs. 11 and 15).
Regarding claim 3, Shibata et al. teach the display device according to claim 2, wherein the display element layer (221, 222, 232, 223) further comprises: a first contact electrode (portions of 221 in T shape connecting the first protrusions to 232; see Fig. 15 above) electrically connecting at least one of the first electrode and the third electrode (the first electrode 221) to the plurality of light emitting elements (232; see Fig. 15 above); and a second contact electrode (portions of 222 in T shape connecting the second protrusions to 232; see Fig. 15 above) electrically connecting the second electrode (222) to the plurality of light emitting elements (232; see Fig. 15 above).
Response to Arguments
Applicant’s amendments, filed 11/05/2025, overcome the rejections to claims 1-3 under 35 U.S.C. 112. The rejections to claims 1-3 under 35 U.S.C. 112 have been withdrawn.
On page 11 of Applicant' s Response, Applicant argues that “unlike claim 1, in Shibata, the metal electrode 223 (the alleged "third electrode" of claim 1) appears to overlap the silicon nanowires 232 (the alleged "plurality of light emitting elements" of claim 1)”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the overlapping of the third electrode and the plurality of light emitting elements) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
On page 11 of Applicant’s Response, Applicant argues that, in Shibata, the silicon nanowires 232 (the alleged "plurality of light emitting elements" of claim 1) do not appear to configure to emit light to function as a light emitting element.
The Examiner respectfully disagrees with Applicant’s argument, because Shibata teach in paragraph [0129] that 232 is the microscopic structure to be aligned and in paragraph [0088] that the microscopic structure can be light emitting elements. Furthermore, a person ordinarily skilled in the art would understand “light emitting elements” are elements that can emit the light. Thus, Shibata teaches the limitations of claim 1 as disclosed above.
On page 11 of Applicant’s Response, Applicant argues that Shibata does not teach "wherein the first protrusion and the second protrusion are alternately arranged along the first direction and extend from the first electrode and the second electrode in the second direction, wherein the plurality of light emitting elements extend in the second direction" of claim 1, because, in Shibata, the silicon nanowires 232 (the alleged "plurality of light emitting elements" of claim 1) and the portions protruding from the metal electrodes 221, 222, (the alleged "first electrode,” "second electrode," or "the first protrusion" and "the second protrusion" of claim 1) extend in different directions from each other.
The Examiner respectfully disagrees with Applicant’s argument, because Shibata teaches that the light emitting elements 232, the first electrode 221, the second electrode 222, the first protrusion (see Fig. 15 above), and the second protrusion (see Fig. 15 above) are extending both in the first direction (the horizontal direction in Fig. 15) and in the second direction (the vertical direction in Fig. 15) in Fig. 15. Thus, Shibata teaches the limitations of claim 1 as disclosed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Do et al. (WO 2020149517 A1) teach a display device having a plurality of light emitting elements connected by multiple electrodes.
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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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 1/27/2026
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