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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/04/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The Examiner is unable to find support from the original specification for the limitation “wherein the hydrogen layer is included in each of a plurality of pixels and the plurality of pixels are provided in the substrate, a plurality of first planarization layers are apart from each other and each of the plurality of first planarization layers is included in one pixel, a plurality of hydrogen collection layers are apart from each other and each of the plurality of hydrogen collection layers is included in one pixel, and the hydrogen collection layer included in a pixel surrounds a pixel driving circuit layer of the pixel” as cited in the independent claims 1, 12 and 18.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The Examiner is unclear about the limitation “wherein the hydrogen collection layer is included in each of a plurality of pixels and the plurality of pixels are provided in the base substrate, a plurality of first planarization layers are apart from each other and each of the plurality of the first planarization layers is included in one pixel, a plurality of hydrogen collection layers are apart from one other and each of the plurality of the first planarization layers is included in one pixel, and the hydrogen collection layer included in a pixel surrounds a pixel driving circuit layer of the pixel” as cited in the independent claims 1, 12 and 18, especially how both “the single hydrogen layer and the first planarization layer” are changed to “a plurality of hydrogen layers and a plurality of planarization layers.” Also, both the specification and the drawings appear to disclose “a single hydrogen layer and a single first planarization layer.” For purpose of examination, the claim will be interpreted as best understood.
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.
Claim(s) 1-14 and 16-20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by LEE (US. Pub: 2021/0202910 A1) of record.
Regarding claim 1, LEE discloses (in at least figs. 1 and 8) a light emitting display apparatus, comprising: a base substrate (120); a buffer (128) provided on the base substrate; a pixel driving circuit layer (Tdr) on the buffer, the pixel driving circuit layer (Tdr) including a driving transistor ([0026]); a first planarization layer (140) on the pixel driving circuit layer, the first planarization layer (150) including an upper surface and a lateral surface; a hydrogen collection layer (156) on the upper surface and the lateral surface of the first planarization layer (150); a second planarization layer (154) on the hydrogen collection layer; a light emitting device (162) provided on the second planarization layer and connected to the driving transistor; and an encapsulation layer (160) on the light emitting device; wherein the hydrogen layer (142, 152, 226) is included in each of a plurality of pixels and the plurality of pixels are provided in the substrate (see at least figs. 1 and 8), a plurality of first planarization layers (150) are apart from each other and each of the plurality of first planarization layers (150) is included in one pixel (see at least fig. 1), a plurality of hydrogen collection layers (142, 152, 156) are apart from each other and each of the plurality of hydrogen collection layers is included in one pixel (as evident by at least fig. 1), and the hydrogen collection layer (142, 152, 156) included in a pixel surrounds a pixel driving circuit layer of the pixel (see fig. 1).
Regarding claim 2, LEE discloses (in at least fig. 1) the pixel driving circuit layer (Tdr) is surrounded by the buffer (128) and the first planarization layer (150).
Regarding claim 3, LEE discloses (in at least fig. 1) the pixel driving circuit layer (Tdr) is surrounded by the hydrogen collection layer (142, 152) and the buffer (128).
Regarding claim 4, LEE discloses (in at least fig. 1) the first planarization layer (150) includes a first contact hole, and the hydrogen collection layer (142, 152) is connected to the driving transistor through the first contact hole (C1).
Regarding claim 5, LEE discloses (in at least fig. 1) a connection electrode connected to an anode electrode (158) included in the light emitting device, wherein the second planarization layer (154) includes a second contact hole (C4), and the connection electrode is provided in the first contact hole (C1) and the second contact hole (C4) and is connected to the hydrogen collection layer (152) in the first contact hole.
Regarding claim 6, LEE discloses (in at least fig. 1) a plurality of pixels on the base substrate (120), each of the plurality of pixels ([0027]) including the pixel driving circuit layer (Tdr), wherein each of the plurality of pixels ([0027]) includes the hydrogen collection layer (142, 152), and a plurality of the hydrogen collection layers (156) respectively included in the plurality of pixels ([0027]) are spaced apart from one another.
Regarding claim 7, LEE discloses (in at least fig. 1) a plurality of pixels on the base substrate (120), each of the plurality of pixels including the pixel driving circuit layer (Tdr), wherein each of the plurality of pixels ([0027]) includes the hydrogen collection layer, and the hydrogen collection layer (156) included in a pixel extends across a whole area of the pixel and surrounds the pixel driving circuit layer included in the pixel (see at least fig. 1).
Regarding claim 8, LEE discloses (in at least fig. 1) a plurality of pixels ([0027]) on the base substrate (120), wherein the second planarization layer (154) is continuously provided in all of the plurality of pixels on the base substrate.
Regarding claim 9, LEE discloses (in at least fig. 1) the second planarization layer (154) is surrounded by the base substrate (120) and the first planarization layer (150).
Regarding claim 10, LEE discloses (in at least fig. 1) the first planarization layer (150) is surrounded by the hydrogen collection layer (142, 152) and the base substrate (120).
Regarding claim 11, LEE discloses (in at least fig. 1) the pixel driving circuit layer (Tdr) comprises an insulation layer (140) covering the driving transistor, and the first planarization layer (150) is surrounded by the hydrogen collection layer (142) and the insulation layer (140).
Regarding claim 12, LEE discloses (in at least fig. 1) a light emitting display apparatus, comprising: a substrate (120); a pixel driving circuit layer (Tdr) on the substrate, the pixel driving circuit layer including a driving transistor ([0026]); a first dielectric layer (140) on the pixel driving circuit layer and surrounding the pixel driving layer in a lateral direction (see at least fig. 1); a conductive hydrogen collection layer (142, 152, 156) on the first dielectric layer and surrounding the dielectric layer in the lateral direction; a first planarization layer (154) on the conductive hydrogen collection layer; and a light emitting element (162) on the first planarization layer; wherein the hydrogen layer (142, 152, 226) is included in each of a plurality of pixels and the plurality of pixels are provided in the substrate (see at least figs. 1 and 8), a plurality of first planarization layers (154) are apart from each other and each of the plurality of first planarization layers (154) is included in one pixel (see at least fig. 1), a plurality of hydrogen collection layers (142, 152, 156) are apart from each other and each of the plurality of hydrogen collection layers (142, 152, 156) is included in one pixel, and the hydrogen collection layer (142, 152, 156) included in a pixel surrounds a pixel driving circuit layer of the pixel (see fig. 1).
Regarding claim 13, LEE discloses (in at least fig. 1) the first dielectric layer (150) includes a first contact hole (C1), wherein the conductive hydrogen collection layer (142, 152) extends in the first contact hole and in contact with a terminal of the driving transistor through the first contact hole (see fig. 1).
Regarding claim 14, LEE discloses (in at least fig. 1) the first planarization layer (154) includes a second contact hole (C4), and a terminal of the light emitting element (162) is connected to the conductive hydrogen collection layer (152) through the second contact hole (C4).
Regarding claim 16, LEE discloses (in at least fig. 1) a layer (see fig. 1) vertically between the first dielectric layer (140) and the substrate (120), wherein the conductive hydrogen collection layer (142, 152, 156) meets the layer vertically between the first dielectric layer (140) and the substrate (120).
Regarding claim 17, LEE discloses (in at least fig. 1) a second dielectric layer (150) on the first dielectric layer (140), the second dielectric layer (150) including an upper surface and a lateral surface, wherein the conductive hydrogen collection layer (142, 152, 156) includes an upper portion and a lateral portion, the upper portion on the upper surface of the second dielectric layer (150), and the lateral portion on the lateral surface of the second dielectric layer (see fig. 1; i.e. the upper and lateral portion 156).
Regarding claim 18, LEE discloses (in at least fig. 1) a light emitting display apparatus, comprising: a substrate (120); a pixel driving circuit layer (Tdr) on the substrate, the pixel driving circuit layer including a driving transistor ([0026]); a first dielectric layer (140) on the pixel driving circuit layer, the first dielectric layer including a contact hole (C1) that reaches a terminal of the driving transistor (see fig. 1); a conductive hydrogen collection layer (142) on the first dielectric layer, the conductive hydrogen collection layer (142) extending in the contact hole and in contact with the terminal of the driving transistor through the contact hole; a first planarization layer (150) on the conductive hydrogen collection layer; and a light emitting element (162) on the first planarization layer, wherein the hydrogen layer (142, 152, 226) is included in each of a plurality of pixels and the plurality of pixels are provided in the substrate (see at least figs. 1 and 8), a plurality of first planarization layers (150) are apart from each other and each of the plurality of first planarization layers (150) is included in one pixel (see at least fig. 1), a plurality of hydrogen collection layers (142, 152, 156) are apart from each other and each of the plurality of hydrogen collection layers (142, 152, 156) is included in one pixel, and the hydrogen collection layer (142, 152, 156) included in a pixel surrounds a pixel driving circuit layer of the pixel (see fig. 1).
Regarding claim 19, LEE discloses (in at least fig. 1) the conductive hydrogen collection layer (156) including an upper portion and a lateral portion that extends from the upper portion, the lateral portion surrounding the pixel driving circuit layer from a lateral direction (see fig. 1).
Regarding claim 20, LEE discloses (in at least fig. 1) the conductive hydrogen collection layer (142) is in the form of an island shape.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US. Pub: 2021/0202910 A1) of record.
Regarding claim 15, LEE discloses all the claimed limitations except for the light emitting element include a recess portion that overlaps the second contact hole.
However, LEE discloses (in at least fig. 1) the light emitting display device comprised of, in part, a light emitting element (162), a recess portion (not labeled) and a second contact hole (see fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to one of ordinary skill in the art before the effective filing date of the invention to modify the device of LEE such that the recess portion of the light emitting layer overlaps the contact hole, since it has been held that rearranging parts of an invention involves only routine skill in the art. See Kim et al. (US. Pub: 2017/0330924 A1) of record.
Response to Arguments
Applicant's arguments filed 12/04/2025 have been fully considered but they are not persuasive. The Applicant argues that LEE’s reference does not discloses the newly amended limitations “a hydrogen collection layer is provided on the upper surface and the lateral surface of the planarization layer, a plurality of first planarization layers are apart from each other and each of the plurality of first planarization layers is included in one pixel, and a plurality of hydrogen collection layers are apart from each other and each of the plurality of hydrogen collection layers is included in one pixel” as cited in claims 1, 12, and 18.
In response to this argument, the Examiner respectfully disagrees. First of all, as can be seen in the rejection the prior art clearly discloses the limitation “a hydrogen collection layer (156) on the upper surface and the lateral surface of the planarization layer (150). Second, the Applicant does not appear to have support for the limitations “a plurality of first planarization layers are apart from each other and each of the plurality of first planarization layers is included in one pixel, and a plurality of hydrogen collection layers are apart from each other and each of the plurality of hydrogen collection layers is included in one pixel.” Lastly, as stated in the 112 rejections above the claimed are being interpreted as best understood. Therefore, the argument is not persuasive.
The Applicant further argues that “LEE’s hydrogen blocking layer (152) and other layers (154, 150, 142 and 128) cannot be formed on both the upper surface and the lateral surface of the planarization layer because they are continuously formed over the pixels.”
In response to that argument, the Examiner respectfully disagrees. As can be seen in at least fig. 1, the hydrogen layer (156) is formed on the upper surface and the lateral surface of the planarization layer (150). Therefore, the argument is not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/Primary Examiner, Art Unit 2875