DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 December 2025 has been entered.
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 .
Information Disclosure Statement
Acknowledgment is made of Applicant' s Information Disclosure Statement(s) (IDS). The IDS(es) has/have been considered.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant’s election without traverse of the Species I embodiment in the reply filed on 11 April 2025 is acknowledged.
Accordingly, claims 9 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species.
Response to Arguments
Applicant's arguments filed 19 December 2025 have been fully considered but they are not persuasive.
Applicant states:
Examiner states that Liu does not specifically disclose wherein the first low adhesive pattern comprises a fluoro group. To cure this deficiency, examiner turns to Ren stating that it would have been obvious to one having ordinary skill in the art to select a known negative photoresist material such as one including a fluoro group, as shown by Ren, because that material is suitable for its intended use and that one would be motivated to choose a negative photoresist material that includes a fluoro group over other materials depending on cost of materials or time it takes to process the layer. Applicant disagrees.
Applicant Arguments/Remarks Made in an Amendment (filed 19 December 2025) at 8.
Liu states in [0134] that “the spacer 220 may be formed using a negative photoresist material.” In [0080], Ren discloses in a negative photoresist wherein “[t]he negative photoresist 18 includes a photosensitive component, the photosensitive component includes a halogen solvent, a photo-acid generator compound, a monomer with at least one fluorine-containing group, and a copolymer including at least one monomer with an acid-decomposable ester-containing group.” (emphasis added). The Examiner makes clear in the rejection of claim 1, below, that modification of Liu via the selection of a composition recognized to be a negative photoresist material that includes a fluoro group, as disclosed in Ren, is supported by well-established case law and legal principles. See MPEP § 2144.07 (citing In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)); see also In re Leshin, 125 USPQ at 416 (“Mere selection of known plastics to make a container-dispenser of a type made of plastics prior to the invention, the selection of the plastics being on the basis of suitability for the intended use, would be entirely obvious . . . .”).
Liu does not further limit the identity of the material of the spacer 220, other than that it may be a negative photoresist material, which Ren discloses. And Applicant fails to provide substantial argument or evidence that the negative photoresist of Ren is not a fluoro group, or that selection of Ren’s negative photoresist for use in Liu’s spacer would have been beyond the ability of one having ordinary skill in the art.
Applicant further states:
Examiner's statement that one of ordinary skill in the art would be motivated to choose one photoresist material over another based on cost of materials or time it takes to process the layer does not seem to be based on any of the prior art references cited. Indeed, Ren indicates "that materials used in lithography (such as photoresists or develops) are inexpensive to manufacture." (Ren at [0004]). This seems to contradict examiner's assertion that one would choose a photoresist material based on cost of materials.
. . .
Finally, Ren does not state that a negative photoresist material that includes a fluoro group was chosen based on cost or time to process. Instead, Ren states that the photoresist material was chosen because the photoresist was "compatible with organic materials and do not destroy the properties of the organic materials." (Ren at [0079]).
Applicant Arguments/Remarks Made in an Amendment (filed 19 December 2025) at 8-9.
“The rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law.” MPEP § 2144(I).
In the instant case, legal precedent clearly provides the rationale to modify Liu with Ren, and, Applicant fails to substantially address the case law and legal principles supporting the rejection under § 103, noted above. Applicant instead opts for a generalized discussion of a misinterpretation of the Examiner’s assertions regarding factors one of ordinary skill in the art would consider in choosing a negative photoresist material. The Examiner merely asserts that factors like cost of materials and time it takes to process a layer are considerations one of ordinary skill in the art would account for in choosing a negative photoresist material, and that different negative photoresist materials have different costs and processing times.
Accordingly, Applicant’s arguments are unpersuasive.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 4-8 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Publication No. 2021/0175296 (filed Aug. 23, 2019) (hereinafter “Liu”) in view of U.S. Patent Publication No. 2020/0127240 (filed Nov. 29, 2018) (hereinafter “Ren”).
Regarding independent claim 1, Liu discloses: a display apparatus (FIGS. 2B/4, display panel 20, [0052]) comprising:
a substrate (FIG. 2B, substrate 101, [0053]) comprising a display area (FIG. 2A, depicting wherein the display 20 and display substrate 101 comprise a display region 110, [0052]);
a first electrode disposed in the display area (FIGS. 2B/4, first electrode 201/211, [0054]);
a second electrode disposed in the display area (FIGS. 2B/4, second electrode 221/anode of second light emitting element 202, [0054]) to be adjacent to the first electrode (FIGS. 2B/4, depicting wherein the second electrode 221/anode of second light emitting element 202 is adjacent to the first electrode 211/anode of first light emitting element 201);
a first emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a first portion, [0054], [0063]: “For example, the organic functional layer 302 further includes at least two light emitting layers connected in series by a charge generation layer, and may further include an electron/hole transport layer, an electron/hole injection layer, an electron/hole blocking layer, and the like, as required.”) disposed on the first electrode (FIGS. 2B/2D/4, depicting wherein the first portion of the organic functional layer 302/REML/GEML/B-EML is disposed on the first electrode 211/anode of first light emitting element 201);
a second emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion, [0054]) disposed on the second electrode (FIGS. 2B/2D/4, depicting wherein the second portion of the organic functional layer 302/REML/GEML/B-EML is disposed on the second electrode 221/anode of second light emitting element 202);
a first low adhesive pattern (FIGS. 2B/2D/4, spacer 220, [0073]: “For example, as illustrated in FIG. 3A, a thickness H1 of the organic functional layer close to the spacer 220 is smaller, which is because organic materials are difficult to adhere to the side wall of the spacer 220 which has a large slope.”) disposed between a center of the first emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a first portion) and a center of the second emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion) in a plan view (FIGS. 2B/2D/4/5, depicting wherein the spacer 220 is disposed between centers of the first and second portions of the organic functional layer 302/REML/GEML/B-EML);
a first negative charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes an n-type charge generation layer CGL, [0095]) continuously disposed to cover the first emission layer, the second emission layer, and the first low adhesive pattern (FIGS. 2B/2D/4, depicting wherein the organic functional layer 302 including an n-type charge generation layer 302/CGL is disposed to cover the organic functional layer 302/REML/GEML/B-EML including a first portion, the organic functional layer 302/REML/GEML/B-EML including a second portion, and the spacer 220);
a first positive charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes a p-type charge generation layer CGL, [0095]) disposed on the first negative charge generation layer (FIGS. 2B/2D/4, [0095]: “For example, the organic functional layer 302 further includes an electron transport layer (ETL1) and a hole transport layer (HTL2) which are respectively located on both sides of the charge generation layer 321. A N-type charge generation layer in the charge generation layer 321 is closer to the electron transport layer, and a P-type charge generation layer in the charge generation layer 321 is closer to the hole transport layer.”);
a first upper emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a first portion located above the charge generation layer 321/CGL, [0096]) disposed on the first positive charge generation layer and overlapping the first emission layer (FIGS. 2B/2D/4, depicting wherein the first portion located of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL is disposed on the charge generation layer 321/CGL and overlaps the first portion of the organic functional layer 302/REML/GEML/B-EML below the charge generation layer 321/CGL);
a second upper emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion located above the charge generation layer 321/CGL, [0096]) disposed on the first positive charge generation layer and overlapping the second emission layer (FIGS. 2B/2D/4, depicting wherein the second portion located of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL is disposed on the charge generation layer 321/CGL and overlaps the second portion of the organic functional layer 302/REML/GEML/B-EML below the charge generation layer 321/CGL); and
a common electrode (FIGS. 2B/2D/4, second conductive layer 303, [0054]) disposed on the first upper emission layer and the second upper emission layer (FIGS. 2B/2D/4, depicting wherein the conductive layer 303 is disposed on the first and second portions of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL).
While Liu discloses in [0134] wherein “the spacer 220 may be formed using a negative photoresist material,” Liu does not specifically disclose wherein the first low adhesive pattern comprises a fluoro group.
In the same field of endeavor, in [0080], Ren discloses a negative photoresist material including a fluoro group: “The negative photoresist 18 includes a photosensitive component, the photosensitive component includes a halogen solvent, a photo-acid generator compound, a monomer with at least one fluorine-containing group, and a copolymer including at least one monomer with an acid-decomposable ester-containing group.”
Accordingly, before the effective filling date of the invention, it would have been obvious to one having ordinary skill in the art to select a known negative photoresist material such as one including a fluoro group, as shown by Ren in [0080], since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability for its intended use involves only ordinary skill in the art. See MPEP § 2144.07 (citing In re Leshin, 277 F.2d 197 (C.C.P.A. 1960)). One would be motivated to choose a negative photoresist material including a fluoro group over other materials depending on manufacturing considerations such as cost of materials or time it takes to process the layer.
Regarding claim 4, Liu further discloses wherein the first negative charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes an n-type charge generation layer CGL) and the first low adhesive pattern (FIGS. 2B/2D/4, spacer 220) directly contact each other (FIGS. 2B-3C, depicting wherein the charge generation layer 213/233 and the spacer 220 directly contact each other).
Regarding claim 5, Liu further discloses wherein the display apparatus further comprises:
a third electrode disposed in the display area (FIG. 4, anode of third light emitting element 207, [0091]) to be adjacent to the second electrode (FIG. 4, depicting wherein the anode of second light emitting element 202 is adjacent to the anode of third light emitting element 207);
a third emission layer (FIG. 4, organic functional layer 302/REML/GEML/B-EML) disposed on the third electrode (FIGS. 2B/2D/4, depicting wherein organic functional layer 302/REML/GEML/B-EML is disposed on the anode of the third light emitting element 207);
a second low adhesive pattern (FIGS. 4/5, depicting a plurality of spacers 220, [0108]) disposed between the center of the second emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion) and a center of the third emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a third portion) in a plan view (FIGS. 2B/2D/4/5, depicting wherein the spacer 220 is disposed between centers of the second and third portions of the organic functional layer 302/REML/GEML/B-EML); and
a third upper emission layer (FIG. 4, organic functional layer 302/REML/GEML/B-EML including a third portion located above the charge generation layer 321/CGL, [0096]) overlapping the third emission layer (FIG. 4, depicting wherein the third portion located of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL is disposed on the charge generation layer 321/CGL and overlaps the third portion of the organic functional layer 302/REML/GEML/B-EML below the charge generation layer 321/CGL),
wherein the first negative charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes an n-type charge generation layer CGL, [0095]) is continuously disposed to cover the first emission layer, the second low adhesive pattern, and the third emission layer (FIGS. 2B/2D/4, depicting wherein the organic functional layer 302 including an n-type charge generation layer 302/CGL is disposed to cover the organic functional layer 302/REML/GEML/B-EML including a first portion, the organic functional layer 302/REML/GEML/B-EML including a third portion, and the plurality of spacers 220), and
the common electrode (FIGS. 2B/2D/4, second conductive layer 303, [0054]) is disposed on the third upper emission layer (FIGS. 2B/2D/4, depicting wherein the conductive layer 303 is disposed on the third portion of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL).
Regarding claim 6, Liu further discloses wherein the first emission layer emits red light (FIG. 4, depicting wherein red-light layer REML emits red light, [0096]), the second emission layer emits green light (FIG. 4, depicting wherein the green-light layer GEML emits green light, [0096]), and the third emission layer emits blue light (FIG. 4, depicting wherein the blue-light layer B-EML emits blue light).
Regarding claim 7, Liu does not specifically disclose wherein the display apparatus further comprises: a first additional low adhesive pattern disposed between a center of the first upper emission layer and a center of the second upper emission layer in a plan view; a second negative charge generation layer continuously disposed to cover the first upper emission layer, the second upper emission layer, and the first additional low adhesive pattern; a second positive charge generation layer disposed on the second negative charge generation layer; a first additional emission layer disposed on the second positive charge generation layer and overlapping the first upper emission layer; and a second additional emission layer disposed on the second positive charge generation layer and overlapping the second upper emission layer, wherein the common electrode is disposed on the first additional emission layer and the second additional emission layer.
In [0094], however, Liu discloses in wherein “[i]t can be understood that the embodiments of the present disclosure are not limitative to the number of the charge generation layers included in the organic functional layer . . . . [I]n the case where the organic functional layer includes a plurality of charge generation layers, the described h2 should be designed according to the height of the charge generation layer at the topmost layer (farthest from the substrate 101) so as to ensure that all the charge generation layers are disconnected by the spacer,” in order to provide benefits identical to those of the single charge generation layer / spacer 220 configuration, including, disclosed in [0051], wherein: “the charge generation layer in the adjacent sub-pixel regions is disconnected by the spacer, thereby effectively avoiding color cross-talk between sub-pixels caused by the lateral leakage of the charge generation layer, improving the color gamut of the display panel, and improving display quality.” Thus, Liu discloses other possible display apparatus configurations including a plurality of charge generation layers, spacers 220, and organic functional layers 302, including a display apparatus further comprising:
a first additional low adhesive pattern (FIGS. 2B/2D/4, spacer 220) disposed between a center of the first upper emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a first portion) and a center of the second upper emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion) in a plan view (FIGS. 2B/2D/4, depicting wherein the spacer 220 is disposed between centers of the first and second portions of the organic functional layer 302/REML/GEML/B-EML);
a second negative charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes an n-type charge generation layer CGL, [0095]) continuously disposed to cover the first upper emission layer, the second upper emission layer, and the first additional low adhesive pattern (FIGS. 2B/2D/4, depicting wherein the organic functional layer 302 including an n-type charge generation layer 302/CGL is disposed to cover the organic functional layer 302/REML/GEML/B-EML including a first portion, the organic functional layer 302/REML/GEML/B-EML including a second portion, and the spacer 220);
a second positive charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes a p-type charge generation layer CGL, [0095]) disposed on the second negative charge generation layer (FIGS. 2B/2D/4, [0095]: “For example, the organic functional layer 302 further includes an electron transport layer (ETL1) and a hole transport layer (HTL2) which are respectively located on both sides of the charge generation layer 321. A N-type charge generation layer in the charge generation layer 321 is closer to the electron transport layer, and a P-type charge generation layer in the charge generation layer 321 is closer to the hole transport layer.”);
a first additional emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a first portion located above the charge generation layer 321/CGL, [0096]) disposed on the second positive charge generation layer and overlapping the first upper emission layer (FIGS. 2B/2D/4, depicting wherein the first portion located of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL is disposed on the charge generation layer 321/CGL and overlaps the first portion of the organic functional layer 302/REML/GEML/B-EML below the charge generation layer 321/CGL); and
a second additional emission layer (FIGS. 2B/2D/4, organic functional layer 302/REML/GEML/B-EML including a second portion located above the charge generation layer 321/CGL, [0096]) disposed on the second positive charge generation layer and overlapping the second upper emission layer (FIGS. 2B/2D/4, depicting wherein the second portion located of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL is disposed on the charge generation layer 321/CGL and overlaps the second portion of the organic functional layer 302/REML/GEML/B-EML below the charge generation layer 321/CGL),
wherein the common electrode (FIGS. 2B/2D/4, second conductive layer 303, [0054]) is disposed on the first additional emission layer and the second additional emission layer (FIGS. 2B/2D/4, depicting wherein the conductive layer 303 is disposed on the first and second portions of the organic functional layer 302/REML/GEML/B-EML located above the charge generation layer 321/CGL).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the disclosed display panel 20 of Liu with an additional charge generation layer, spacers 220, and organic functional layers 302 as disclosed above in order to effectively avoid color cross-talk between sub-pixels caused by the lateral leakage of the charge generation layer, improve the color gamut of the display panel, and improve display quality. See Liu [0051]; see also MPEP § 2144.04(VI)(B) (“[M]ere duplication of parts has no patentable significance unless a new and unexpected result is produced”)(citing In re Harza, 274 F.2d 669 (C.C.P.A. 1960).
Regarding claim 8, Liu further discloses a pixel-defining layer (FIG. 8D, isolation layer 112 comprising inorganic insulating material, [0136]-[0137]) comprising a first opening portion overlapping the first electrode (FIG. 8D, depicting wherein the isolation layer 112 includes a first opening spanning the first electrode 211, the first opening overlapping the first electrode 211) and a second opening portion overlapping the second electrode (FIG. 8D, depicting wherein the isolation layer 112 includes a second opening spanning the second electrode 221, the second opening overlapping the second electrode 221), wherein the first low adhesive pattern (FIG. 8D, spacer 220) is disposed between the first opening portion and the second opening portion in a plan view (FIGS. 5/8D, depicting wherein the spacer 220 is disposed on the centrally located portion isolation layer between the first and second openings in the isolation layer 112).
Liu does not detail the inclusion of the isolation layer 112 in the embodiment shown in FIG. 4, however.
Regarding the isolation layer 112, in [0136], Liu states: “In still other examples, as illustrated in FIG. 8D, an isolation layer 112 may be formed first, and the isolation layer 112 is filled between the first electrode 211 and the second electrode 221 and has a surface flush with the first conductive layer. Then, the spacer 220 is formed on the isolation layer 112. This manner helps the spacer 220 to form a flat surface and helps the second conductive layer 303 to form a continuous layer structure, subsequently.”
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the disclosed display panel 20 embodiment shown in FIG. 4 of Liu by adding the isolation layer 112 and spacer 220 of Liu in order to help form a flat surface and allow the conductive layer 303 to form a continuous layer structure. See Liu [0136].
Allowable Subject Matter
Claims 11-18 and 20 are allowed.
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art known to the Examiner is listed on the PTO 892 forms of record.
Regarding claim 2: the cited prior art does not anticipate or make obvious, inter alia, the limitation “wherein the first ratio is less than the second ratio” as interpreted by the Examiner in accordance with the § 112(b) rejection, above.
Liu discloses wherein the first negative charge generation layer (FIGS. 2B/2D/4, organic functional layer 302, which further includes an n-type charge generation layer CGL, [0095]) comprises a host comprising an organic material ([0048]: “The N-type charge generation layer may be formed of an organic layer doped with an alkali metal such as lithium (Li), sodium (Na), potassium (K) or cesium (Cs) or an alkaline earth metal such as magnesium (Mg), strontium (Sr), barium (Ba) or radium (Ra) (but not limited to any of them).”) and a dopant comprising a metal material ([0048]: “The N-type charge generation layer may be formed of an organic layer doped with an alkali metal such as lithium (Li), sodium (Na), potassium (K) or cesium (Cs) or an alkaline earth metal such as magnesium (Mg), strontium (Sr), barium (Ba) or radium (Ra) (but not limited to any of them).), wherein the dopant is provided at a first ratio in an overlapping area of the first negative charge generation layer overlapping the first low adhesive pattern (FIGS. 2B/2D/4, depicting wherein the organic functional layer 302 including an n-type charge generation layer 302/CGL is disposed in the area where the CGL and the spacer 220 overlap, and in that area the CGL has a first ratio of dopant to host), and the dopant is provided at a second ratio in an outside area of the first negative charge generation layer disposed outside the overlapping area (FIGS. 2B/2D/4, depicting wherein the organic functional layer 302 including an n-type charge generation layer 302/CGL is disposed in the area where the CGL and the spacer 220 do not overlap, and in that area the CGL has a second ratio of dopant to host, wherein the first ratio is the same as the second ratio).
Liu does not disclose wherein the first ratio is less than the second ratio, however.
Claim 3, which depends from claim 2, contains allowable subject matter for the same reasons as claim 2.
The following is an examiner’s statement of reasons for allowance for claims 11-18 and 20:
Applicant’s reply, filed 15 September 2025 with the amended claims, makes evident the reasons for allowance of claims 11-18 and 20, satisfying the “record as a whole” provision of the rule 37 CFR 1.104(e). Specifically, the substance of Applicant’s amendments and remarks regarding the 35 U.S.C. § 112(b) rejection of claims 11-18 and 20 (See Applicant Arguments/Remarks Made in an Amendment (filed 15 September 2025) at 8, 10-11) are persuasive, and as such the reasons for allowance are in all probability evident from the record and no statement is deemed necessary. See MPEP §1302.14.
Conclusion
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/ADAM D WEILAND/Examiner, Art Unit 2813 /STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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