Attorney’s Docket Number: 67707-279DIV
Filing Date: 7/21/2022
Claimed Foreign Priority Date: 5/17/2019 (TW108117197)
Inventor: Pei
Examiner: Thomas McCoy
DETAILED ACTION
This Office action responds to the amendments/arguments filed 10/20/2025.
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 a 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.
Acknowledgement
The Amendments filed on 10/20/2025, responding to the Office action mailed 7/23/2025,
has been entered. Applicant added claims 17-18. The present Office action is made with all the suggested amendments being fully considered.
Response to Argument
Applicant’s arguments/amendments to the claim rejections have overcome the Double Patenting but have failed to overcome the claim rejections under 35 U.S.C. 103, as previously formulated in the Non-Final Office action mailed on 7/23/2025. The Applicant’s response filed 10/20/2025 argues that Wu in view of Chen further in view of Chae fails to disclose that the modified passivation layer is distributed over all the color regions, but this specific limitation is not mentioned in the claims. The claim limitation simply recites that an orthogonal projection of the white insulation layer is not overlapped with the first color region and third color region, but it is noted that the examiner is entitled to the broadest reasonable interpretation of the claim language. Additionally, 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).
In the instant case, it is noted that the limitation “…orthogonal projection of the white insulation layer is not overlapped with the first color region and the third color region” as argued, i.e., “…orthogonal projection of the entire white insulation layer is not overlapped with the first color region and the third color region” configuration is not recited in the body of the claims. Instead, applicant merely relied on limiting the argued configuration as “…orthogonal projection of the white insulation layer is not overlapped with the first color region and the third color region”, which under BRI, is not precluded from being interpreted as, “an orthogonal projection through a portion of the white insulation layer is not overlapped with the first color region and the third color region” as in Wu. Applicant is encouraged to recite the argued limitations in the body of the claims, so as to clearly distinguish the instant inventions from the prior art of record.
Applicant’s request for rejoinder is dependent on the allowance of claims 1-3, 6-11, and 13-18, and since the rejections of claims 1-3, 6-11, and 13-16 have been maintained, claims 4-5 and 12 are not in condition for rejoinder.
Accordingly, pending in this application are claims 1-3, 6-11, and 13-18.
Claim Interpretation
Claim 18 recites the line “a color conversion layer located in the first color region and the third color region…”, which will be interpreted as “a color conversion layer located in the first color region and a second color conversion layer located in the third color region…” for the purposes of examination.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 6-11, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 20200321390 A1) in view of Chen (US 20150069435 A1) further in view of Chae (US 20190189596 A1).
Regarding claim 1, Wu (see, e.g., fig. 15E) shows most aspects of the instant invention including a display panel comprising:
A first substrate (e.g., transparent substrate 200) having a filter layer (e.g., color filter 130) and at least one black matrix (e.g., black matrix 102);
A second substrate (e.g., epi-substrate 10) opposite to the first substrate (e.g., transparent substrate 200);
A light-emitting diode (e.g., LED chip 40) disposed on the second substrate (e.g., epi-substrate 10);
An insulation layer (e.g., passivation layer 65) located on the first substrate (e.g., transparent substrate 200) and protruding (note passivation layer 65 extends to second substrate 10) toward the second substrate (e.g., epi-substrate 10), wherein the insulation layer (e.g., passivation layer 65) is overlapped with the filter layer (e.g., color filter 130) and the black matrix (e.g., black matrix 102) along a first direction substantially perpendicular to the first substrate (e.g., transparent substrate 200).
A second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), wherein the insulation layer (e.g., passivation layer 65) is located in the second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), and
A first color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 left of second color region referenced below) and a third color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 right of second color region referenced below) adjacent to the second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), wherein an orthogonal projection (e.g., orthogonal projection of annotated fig. 1 below) of the insulation layer (e.g., passivation layer 65) on the first substrate (e.g., transparent substrate 200) is not overlapped with the first color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 left of second color region referenced below) and the third color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 right of second color region referenced below).
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Annotated Fig. 1
Wu (see, e.g., fig. 15E), however, fails to show the insulation layer is a white insulation layer, while it also fails to teach a first spacer layer disposed between the second substrate and the white insulation layer, wherein the first spacer layer is overlapped with the black matrix along the first direction.
Chen (see, e.g., fig. 1), in a similar device to Wu, teaches an insulation layer (e.g., insulated layer 40) is white (see, e.g., paragraph 18 “It is worth mentioning that the insulated layer 40 is preferably white in the color…”).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the “white” property of in the insulation layer of Chen within the layer of Wu in order to achieve the expected result of light-reflection, preventing the white insulation layer from ray/light absorption originating from the light-emitting diode and maintaining proper illumination of the display, as taught by paragraph 18 of Chen.
Wu in view of Chen, however, fails to teach a first spacer layer disposed between the second substrate and the white insulation layer, wherein the first spacer layer is overlapped with the black matrix along the first direction.
Chae (see, e.g., fig. 71), in a similar device to Wu in view of Chen, teaches a first spacer layer (see, e.g., lower insulating layer 4061 + paragraph 687 “…the lower insulating layer 4061… may include… a light absorption layer to prevent light traveling from the first to third LED stacks…may also include a light absorption layer such as black epoxy. The light absorption layer, such as black epoxy, may prevent light from being emitted to the outside of the pixels, thereby improving a contrast ratio between the pixels in the display apparatus.”) between the substrate (e.g., support substrate 4051) and the insulation layer (e.g., upper insulating layer 4081).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the spacer layer of Chae under the layer of Wu in view of Chen, in order to prevent additional light exposure to the LED chips above the second substrate (see, e.g., paragraph 687 of Chae). Given that the white insulation layer of Wu in view of Chen already overlaps with the black matrix along the first direction, placing the spacer layer of Chae directly underneath said white insulation layer would give it the same overlapping characteristic.
Regarding claim 2, Wu in view of Chen further in view of Chae teaches the white insulation layer (e.g., modified white passivation layer 65) comprises a light-reflecting photoresist material, and the first spacer layer (e.g., lower insulating layer 4061) comprises a light-absorbing photoresist material (see, e.g., paragraph 687 of Chae “…the lower insulating layer 4061… may include… a light absorption layer to prevent light traveling from the first to third LED stacks…may also include a light absorption layer such as black epoxy. The light absorption layer, such as black epoxy, may prevent light from being emitted to the outside of the pixels, thereby improving a contrast ratio between the pixels in the display apparatus.”).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include both the light-reflecting photoresist material in the modified white passivation layer (see, e.g., paragraph 18 of Chen) and the light-absorbing photoresist material of the spacer layer (see, e.g., paragraph 687 of Chae).
Regarding claim 3, Wu teaches the light-emitting diode (e.g., LED chip 40) and the filter layer (e.g., color filter 130) have the same color (see, e.g., paragraph 69 “In one embodiment, one pixel of the display can include a blue micro LED chip, a green micro LED chip, and a red micro LED chip” + paragraph 102 “…The substrate 200 with color filter 130… is then fit or matched to the LED chip to form a LED display…”).
Regarding claim 6, Wu in view of Chen further in view of Chae teaches wherein the light-emitting diode (e.g., LED chip 40) and the filter layer (e.g., color filter 130) are located in the second color region (collection of LED chip 40 + modified white passivation 65 portion + color filter 130 left referenced in figure below).
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Annotated Fig. 2
Regarding claim 7, Wu (see, e.g., fig. 15E) shows a color conversion layer (e.g., phosphor 73 + paragraph 102 “The phosphor 73 emits yellow light and white light can be provided after the yellow light is mixed with the blue light from the micro LED…The phosphor 73 can generate high color rendering index or color gamut…In another embodiment, the phosphor 73 may emit green and red together. In another embodiment… the phosphor 73 will emit RGB light…”) located in the first color region (e.g., phosphor 73 of LED chip 40 + modified white passivation 65 portion + color filter 130 left of second color region referenced below, see annotated fig. 3) and the third color region (e.g., phosphor 73 + LED chip 40 + modified white passivation 65 portion + color filter 130 right of second color region referenced below, see annotated fig. 3).
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Annotated Fig. 3
Regarding claim 8, Wu in view of Chen further in view of Chae does not explicitly teach the first spacer layer only partially overlaps the color conversion layer.
However, it would have been obvious to one of ordinary skill in the art at the time of filing the
invention to modify the first spacer layer shape, such as splitting the layer into sub-portions or even providing only portions of the spacer layer within the color regions as opposed to one continuous layer (which would lead to only partial overlap between the first spacer layer and the color conversion layer as opposed to complete overlap in the first direction) in order to only provide the necessary/relevant light-absorbing layer portions, would both perform the original intended function and would save manufacturing costs due to less used material while forming the device. Furthermore, it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See MPEP 2144.04(IV)(B). One having ordinary skill in the art would have had success in making this modification because Wu further teaches that the conception and specific embodiment disclosed may be readily utilized as a basis for modifying or designing other structures or processes for carrying out the same purposes of the present disclosure (see paragraph 108 of Wu or paragraph 991 of Chen).
Regarding claim 9, Wu (see, e.g., fig. 15E) teaches when viewed from a second direction perpendicular to the first direction, a number of the black matrix (e.g., black matrix 102) is two, and the black matrixes are located at two sides of the second color region (see, e.g., two black matrixes 102, each on opposing sides of second color region).
Regarding claim 10, Wu (see, e.g., fig. 15) in view of Chen teaches the orthogonal projection (see, e.g., fig. above) of the white insulation layer (e.g., modified white passivation layer) on the first substrate (e.g., transparent substrate 200) is within the second color region (collection of LED chip 40 + modified white passivation 65 portion + color filter 130 left referenced in figure above) and the black matrixes (e.g., black matrixes 102).
Regarding claim 11, Wu in view of Chen further in view of Chae does not explicitly teach the white insulation layer and the first substrate have an inclined angle therebetween.
However, it would have been obvious to one of ordinary skill in the art at the time of filing the
invention to modify the white insulation layer shape in order to only provide the amount of white insulation necessary within the device for the purposes of light-reflection, while maintaining a shorter side of the layer on first substrate relative to the second substrate in order to save manufacturing costs while forming the device. Furthermore, it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See MPEP 2144.04(IV)(B). One having ordinary skill in the art would have had success in making this modification because Wu further teaches that the conception and specific embodiment disclosed may be readily utilized as a basis for modifying or designing other structures or processes for carrying out the same purposes of the present disclosure (see paragraph 108 of Wu).
Regarding claim 13, Wu in view of Chen further in view of Chae does not explicitly teach a side of the white insulation layer close to the second substrate is wider than a side of the white insulation layer closer to the substrate.
However, it would have been obvious to one of ordinary skill in the art at the time of filing the
invention to modify the white insulation layer shape in order to only provide the amount of white insulation necessary within the device for the purposes of light-reflection, while maintaining a shorter side of the layer on first substrate relative to the second substrate in order to save manufacturing costs while forming the device. Furthermore, it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See MPEP 2144.04(IV)(B). One having ordinary skill in the art would have had success in making this modification because Wu further teaches that the conception and specific embodiment disclosed may be readily utilized as a basis for modifying or designing other structures or processes for carrying out the same purposes of the present disclosure (see paragraph 108 of Wu).
Regarding claim 14, Wu (see, e.g., fig. 15E) shows most aspects of the device including a display panel comprising:
A first substrate (e.g., transparent substrate 200) having a filter layer (e.g., color filter 130);
A second substrate (e.g., epi-substrate 10) opposite to the first substrate (e.g., transparent substrate 200);
A light-emitting diode (e.g., LED chip 40) disposed on the second substrate (e.g., epi-substrate 10);
An insulation layer (e.g., passivation layer 65) located on the first substrate (e.g., transparent substrate 200) and protruding (note passivation layer 65 extends to second substrate) toward the second substrate (e.g., epi-substrate 10), wherein the insulation layer (e.g., passivation layer 65) is overlapped with the filter layer (e.g., color filter 130), and the insulation layer along a first direction substantially perpendicular to the first substrate (e.g., transparent substrate 200)
A second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), wherein the insulation layer (e.g., passivation layer 65) is located in the second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), and
A first color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 left of second color region referenced below) and a third color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 right of second color region referenced below) adjacent to the second color region (collection of LED chip 40 + passivation 65 portion + color filter 130 left referenced in figure below), wherein an orthogonal projection (e.g., orthogonal projection of annotated fig. 1 below) of the insulation layer (e.g., passivation layer 65) on the first substrate (e.g., transparent substrate 200) is not overlapped with the first color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 left of second color region referenced below) and the third color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 right of second color region referenced below).
Wu (see, e.g., fig. 15E), however, fails to shows that the insulation layer is a white insulation layer, while it also fails to teach the insulation layer comprises a light-reflecting photoresist material, while it also fails to teach a first spacer layer disposed between the second substrate and the insulation layer.
Chen (see, e.g., fig. 1), in a similar device to Wu, teaches the white insulation layer (e.g., insulated layer 40 + paragraph 18 “It is worth mentioning that the insulated layer 40 is preferably white in the color…”), and the white insulation layer comprises a light-reflecting photoresist material (see, e.g., paragraph 18 “insulation…preferably white in color…”)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the “white” property of in the insulation layer of Chen in the layer of Wu in order to achieve the expected result of light-reflection, preventing the white insulation layer from ray/light absorption originating from the light-emitting diode, maintaining proper illumination of the display, as taught by paragraph 18 of Chen.
Chen, however, fails to teach a first spacer layer disposed between the second substrate and the white insulation layer.
Chae (see, e.g., fig. 71), in a similar device to Wu in view of Chen, teaches a first spacer layer (see, e.g., lower insulating layer 4061 + paragraph 687 “…the lower insulating layer 4061… may include… a light absorption layer to prevent light traveling from the first to third LED stacks…may also include a light absorption layer such as black epoxy. The light absorption layer, such as black epoxy, may prevent light from being emitted to the outside of the pixels, thereby improving a contrast ratio between the pixels in the display apparatus.”) between the substrate (e.g., support substrate 4051) and the insulation layer (e.g., upper insulating layer 4081).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the spacer layer of Chae under the layer of Wu in view of Chen, in order to prevent additional light exposure to the LED chips above the second substrate (see, e.g., paragraph 687 of Chae).
Regarding claim 15, Wu in view of Chen further in view of Chae teaches the first spacer layer (e.g., lower insulating layer 4061) comprises a light-absorbing photoresist material (see, e.g., paragraph 687 of Chae “…the lower insulating layer 4061… may include… a light absorption layer to prevent light traveling from the first to third LED stacks…may also include a light absorption layer such as black epoxy. The light absorption layer, such as black epoxy, may prevent light from being emitted to the outside of the pixels, thereby improving a contrast ratio between the pixels in the display apparatus.”).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the spacer layer of Chae under the layer of Wu in view of Chen, in order to prevent additional light exposure to the LED chips above the second substrate (see, e.g., paragraph 687 of Chae).
Regarding claim 16, Wu in view of Chen further in view of Chae teaches the first substrate (e.g., transparent substrate 200) comprises a black matrix (e.g., black matrix 102), and the first spacer layer (e.g., lower insulating layer 4061) overlaps the black matrix (e.g., black matrix 102) along the first direction (note that the first spacer layer 4061 was added under modified white passivation layer 65, and modified white passivation layer 65 already overlaps the black matrix along the first direction(horizontal), therefore so does the added first spacer layer 4061).
Regarding claim 17, Wu (see, e.g., fig. 15E) shows an orthogonal projection (see, e.g., annotated fig. 4) of the color conversion layer (e.g., phosphor 73 + paragraph 102) on the first substrate (e.g., transparent substrate 200) is not overlapped with the second color region (LED chip 40 + modified white passivation 65 portion + color filter 130 left referenced in figure below).
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Regarding claim 18, Wu (see, e.g., fig. 15E) shows a color conversion layer (e.g., left-side phosphor 73 in first color region + paragraph 102 “The phosphor 73 emits yellow light and white light can be provided after the yellow light is mixed with the blue light from the micro LED…The phosphor 73 can generate high color rendering index or color gamut…In another embodiment, the phosphor 73 may emit green and red together. In another embodiment… the phosphor 73 will emit RGB light…”) located in the first color region (e.g., phosphor 73 + LED chip 40 + passivation 65 portion + color filter 130 left of second color region referenced below) and a second color conversion layer (e.g., right-side phosphor 73 in third color region, see annotated fig. 4) the third color region (e.g., collection of LED chip 40 + passivation 65 portion + color filter 130 right of second color region referenced below), wherein an orthogonal projection (see, e.g., orthogonal ) of the color conversion layer (e.g., phosphor 73 + paragraph 102) on the first substrate (e.g., transparent substrate 200) is not overlapped with the second color region (collection of LED chip 40 + modified white passivation 65 portion + color filter 130 left referenced in figure below).
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
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/THOMAS WILSON MCCOY/ Examiner, Art Unit 2814 /WAEL M FAHMY/Supervisory Patent Examiner, Art Unit 2814