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 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 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 of this title, 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 1-4 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et. Al. (US 20180277591 A1 hereinafter Wu) and further in view of Sakong et. Al. (US 20210013236 A1 hereinafter Sakong).
Regarding claim 1 and 17, Wu teaches in Figs. 1A-1B with associated text a display and light-emitting device comprising: a light-emitting element (100B) provided for each pixel of a plurality of pixels (SP3) (Figs. 1A-1B, [0030]); a pixel electrode 130 provided on a first surface side 116DS of the light-emitting element, the pixel electrode being provided for each of the plurality pixels (Fig. 1B, [0032]); a common electrode (120 and/pr thinned portions of 240 directly over the light emitting elements 100B) provided on a second surface side 112US of the light-emitting element (Figs. 1A-1B, [0030]), the second surface side being opposite to the first surface side (Fig. 1B), the common electrode being provided separately for adjacent pixels (there is a separate thinned portion of 240 for each pixel [0034]); and an electrode coupler (CE and/or portion of 240 other than the thinned portion) that electrically couples a plurality of the common electrodes provided for the respective pixels to each other in a plane region (region of 240 and CE to the left of 100B) different from a plane region in which the light-emitting element is provided (Fig. 1A-1B [0030]); and a light-shielding film 250 (Fig. 2, [0038]).
Wu does not specify the light-shielding film covering vertical side portions of each of the common electrode and the electrode coupler.
Sakong discloses in Figs. 20 with associated text a display and light-emitting device similar to Wu comprising a light-shielding film (1200 see Fig. 17 and 20 [0063]) covering vertical side portions of each of a common electrode 170NA and an electrode coupler (170NC and 170NB see Fig. 16 and 20 [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a light-shielding film similar to that of Sakong that is covering vertical side portions of each of the common electrode and the electrode coupler of Wu because according to Sakong compensate for low reflectivity, in comparison with PCT or EMC, of the first molded portion 1161 to be formed of PI in a subsequent process [0063] so that such a structure would be useful to reflect and therefore direct light in a desirable direction.
Regarding claim 2, Wu teaches the common electrode and the electrode coupler include an identical material (material of 240) and provided integrally on an identical layer (Figs. 1A-1B).
Regarding claim 3, Wu teaches the electrode coupler electrically couples the common electrodes provided for the respective pixels to each other from a side in an identical direction (Fig. 1A, [0030]).
Regarding claim 4, Wu teaches the common electrodes of the respective pixels and the electrode coupler have a comb shape as a whole (Fig. 1B).
Regarding claim 15, Wu teaches the common electrode includes a transparent electrically conductive material [0030].
Regarding claim 16, Wu teaches the light-emitting element includes a group III-V compound semiconductor [0032].
Regarding claim 18, Wu teaches the common electrode (here thinned portion of 240) and the electrode coupler (other connecting portion of 240) are formed of an identical material and integrally provided on an identical layer (Figs. 1A-1B, [0034]).
Regarding claim 19, Wu teaches the electrode coupler electrically couples the common electrodes provided for the respective pixels to each other in a same direction (D1 direction, Figs, 1A-1B).
Regarding claim 20, Wu teaches the common electrodes of the respective pixels and the electrode coupler collectively have a comb- shaped configuration (here the electrode coupler is interpreted to include both other connecting portion of 240, so that it is formed at least partially of the identical material, and CE and is therefore comb shaped Fig. 1A).
Claim 14 is rejected under 35 U.S.C. 103 as obvious over Wu in view of Sakong or as obvious over Wu in view of Sakong and further in view of Kuhlman et. Al. (US 20120169682 A1 hereinafter Kuhlman).
Regarding claim 14, Wu teaches the light-emitting device according to claim 1, wherein the electrode coupler further includes a contact section (end portion of 240 or CE) (Fig. 1B).
Wu does not specify the contact section is electrically couplable from a side identical to a side on which the pixel electrode is present.
Kuhlman discloses in Figs. 1 with associated text a light-emitting device similar to that of Wu wherein an electrode coupler (edge portion of 28) further includes a contact section (section contacting 20) that is electrically couplable from a side (bottom side) identical to a side on which a pixel electrode 24 is present (Fig. 1, [0012]).
Language in an apparatus or product claim directed to the function, operation, intent-of-use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973). The patentability of an apparatus claim depends only on the claimed structure, not on the use or purpose of that structure, Catalina Mktg. Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 809 (Fed. Cir. 2002), or the function or result of that structure. In re Danly, 263 F.2d 844, 848 (CCPA 1959). Please also see M.P.E.P. 2114 [R-1].
The following italicized limitations of claim 14 lines 2-3 are understood to be functional (i.e. electrically couplable from a side identical to a side on which the pixel electrode is present):
The limitation describes purpose, function, operation, or intent -of-use the contact section. However, the claim does not disclose a sufficient structure which supports the function. Since Wu shows an identical structure as claimed, namely a contact section, the Examiner submits that the contact section is capable of producing the claimed results. Furthermore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a contact section of Wu electrically couplable from a side identical to a side on which the pixel electrode is present as taught by Kuhlman because according to Kuhlman the light transmitting layer 28 may make electrical contact with a conductive through-hole 20 located outside the perimeter 38, and so can make electrical contact with the conductor layer 36 on the second side 18, as such, electrical contact with the conductor layer 36 may also make contact with a driver circuit 34, and so the driver circuit 34 makes electrical contact with a cathode side 26 via the conductive through-holes 20 outside the perimeter 38 [0016] so that such an arrangement would be useful for providing contact with a driving circuit in the device of Wu.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 15-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 AARON J GRAY whose telephone number is (571)270-7629. The examiner can normally be reached Monday-Friday 9am-4pm.
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/AARON J GRAY/Examiner, Art Unit 2897
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